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Headlines Tagged with Preemption 1,526 headlines found

4 Views

[Washington] Tribe’s Cig-Tax Suit Barred By Federal Law, 9th Circ. Says ($$)

ruled Tuesday that the Yakama Indian Nation can't sue to bar the imposition of a federal excise tax on a member-owned company's tobacco products, saying the tribe's claims fall under a federal law that "bars any suit that would restrain the assessment and
Law360
added Dec 14, 2016 20:49
6 Views

[West Virginia] Casino owners sue over smoking ban

Three video lottery casino owners have filed a lawsuit against the Brooke County Commission and Brooke County Health Department, alleging the department acted outside its state-given powers when it implemented a ban on smoking in the businesses.
Weirton (WV) Daily Times
added Dec 10, 2016 13:57
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
63 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
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