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FDA to appeal injunction of cigarette labeling rules
  • Manatt Phelps & Phillips LLP
  • USA
  • December 14 2011

By filing notice of its plan to appeal the preliminary injunction halting the law’s effect, the Food and Drug Administration made clear it intends to fight for enforcement of the new cigarette package labeling requirements.

Tobacco companies sue over FDA images on warning labels
  • Manatt Phelps & Phillips LLP
  • USA
  • September 8 2011

Five tobacco companies filed suit on constitutional grounds against the Food and Drug Administration on August 16 over its new rule requiring graphic warning labels including images on cigarette packaging and advertising.

E-cigarettes get a "smoking" break: D.C. Circuit clarifies scope of FDA's authority over e-cigarettes
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • January 4 2011

On Tuesday December 7th, the D.C. Circuit Court of Appeals affirmed a lower court’s ruling in Sottera, Inc. v. FDA, No. 10-5032, (D.C. Cir. Dec. 7, 2010) holding that that the Food and Drug Administration (FDA) could not regulate as a medical device the electronic cigarettes (often referred to as “e-cigarettes”) at issue in that case.

Recent denial of class certification in Light Cigarettes Marketing case emphasizes that Article III bars class certification if individual putative class members lack injury in fact
  • Locke Lord LLP
  • USA
  • December 21 2010

In re Light Cigarettes Marketing Sales Practices Litigation, 2010 WL 4901785 (D.Me. Nov. 24, 2010), is the fifteenth case to consider class certification for purchasers of light cigarettes.

Increased regulation of workplace smoking in Michigan
  • Barnes & Thornburg LLP
  • USA
  • March 8 2010

Amendments to the Michigan Clean Indoor Air Act (Act) go into effect on May 1, 2010.

The California Supreme Court addresses standing and causation requirements under the state's unfair competition law
  • Locke Lord LLP
  • USA
  • May 21 2009

On May 18, 2009, the California Supreme Court clarified and liberalized the standards to apply where a plaintiff seeks to bring representative claims under the state’s Unfair Competition Law.