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Headlines Tagged with Preemption 1,514 headlines found

4 Views

[UK, California, Illinois, New York] E-Cigarettes Escape Stricter Labeling

The FDA, pursuant to the authority it possesses under the TCA, has promulgated a labeling requirement that applies to e-cigarettes. Therefore, state labeling requirements that apply to e-cigarettes that are “different from, or in addition to” the FDA’s re
Lexology (uk)
added Dec 1, 2016 20:48
11 Views

[California, Illinois, New York] IN RE FONTEM US, INC. CONSUMER CLASS ACTION LITIGATION: PLAINTIFFS’ MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR CLARIFICATION OR RECONSIDERATION . . . (PDF)

Plaintiffs respectfully submit that clarification is necessary to address an internal contradiction in the Order concerning preemption by the FDA’s Final Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act as Amende
Amazon CloudFront
added Nov 24, 2016 00:53
8 Views

[California, Illinois, New York] E-Cig Users Fight To Reinstate Suit Over Danger Warning ($$)

Reynolds American Inc., Fontem US Inc. and others — all of which make and market e-cigarettes under the brand name BLU — were accused by California, Illinois and New York residents of violating those states’ laws by advertising their products as healthy
Law360
added Nov 24, 2016 00:48
38 Views

[Florida] Jones Day argues that federal law on smoking lawsuits should preempt state laws

recently argued before the Florida Supreme Court that in Florida courts, the liability and negligence claims of smokers are preempted by federal law. Katsas was arguing for tobacco company R.J. Reynolds in a lawsuit filed by Phil Marotta whose father all
Florida Record (U.S. Chamber Institute for Legal Reform)
added Nov 21, 2016 16:31
18 Views

[California, Illinois, New York] E-Cigarette Class Action Suit Stymied by Federal Law

The judge ruled federal law superceded state regulations citing the [FDA]’s rule making e-cigarettes subject to the Family Smoking Prevention and Tobacco Control Act....tobacco products only need to carry a warning regarding the addictive properties of ni
National Law Review
added Nov 16, 2016 18:24
17 Views

McCONNELL: United States: Smoking Out The Scope Of Preemption

tobacco litigation was good practice on the issue of preemption. Most tobacco cases were and are about an alleged failure to warn. But federally mandated warnings have been on cigarette packs for over 50 years... The preemption ruling in In re Fontem, U
Mondaq
added Nov 14, 2016 02:17
62 Views

[Florida] Justices Question Tobacco Company's Preemption Argument 10 Years After 'Engle'

Florida Supreme Court justices grilled a tobacco defense attorney on how he hoped to limit the scope of smoking litigation a decade after the landmark Engle case. A lawyer for R.J. Reynolds Tobacco Co., Gregory Katsas of Jones Day in Washington, argued
floridabiz.com (Daily Business Review)
added Nov 5, 2016 01:58
15 Views

[California, Illinois, New York] In re Fontem US, Inc. Consumer Class Action Litig. Order Granting in Part and Denying in Part the Defendant’s Motion to Dismiss the Second Amended Complaint (PDF)

The FDA has stated that the heading was implemented “in order to clarify that part 1143 is not intended to prevent tobacco product manufacturers from including truthful, non-misleading warnings on their products’ packaging or advertisements voluntarily
Amazon CloudFront
added Nov 2, 2016 19:52
23 Views

[Florida] RJ Reynolds Asks Court To Curb Engle Tort Liability Claims ($$)

asked the Florida Supreme Court on Tuesday to find that federal law preempts Engle in plaintiffs' strict liability and negligence claims, arguing that these claims are tantamount to banning cigarette sales.
Law360
added Nov 2, 2016 07:28
12 Views

[California, Illinois, New York] E-Cig Makers Get Stricter-Warning Label Suit Dismissed ($$)

finding all but one of the state law claims preempted by recent [FDA] guidance. A group of five consumers hailing from California, Illinois and New York accused Lorillard Tobacco Co., Reynolds American Inc., Fontem US Inc. and others...BLU
Law360
added Nov 2, 2016 07:25
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