Tobacco On Trial

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EXCERPT:
On June 22, 2011, the Food and Drug Administration (“FDA”) published a Final Rule implementing Section 201 of the Family Smoking Prevention and Tobacco Control Act . . . The Rule requires that Plaintiffs radically change all of their cigarette packaging and advertising to prominently display nine new textual warnings […]

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Only by ignoring the findings of Congress, the courts, and countless public health officials, can plaintiffs discount the compelling governmental interest in communicating health risks to consumers and potential consumers of their product—including the underage and often undereducated persons who constitute the bulk of their new clientele. And only by ignoring […]

APPEAL, TYPE-C
U.S. District Court
District of Columbia (Washington, DC)
CIVIL DOCKET FOR CASE #: 1:11-cv-01482-RJL
R.J. REYNOLDS TOBACCO COMPANY et al v. UNITED STATES FOOD AND DRUG ADMINISTRATION et al
Assigned to: Judge Richard J. Leon
Case in other court: 11-05332
Cause: 05:0701 Maritime Subsidy Board
Date Filed: 08/16/2011
Jury Demand: None
Nature of Suit: 890 Other Statutory Actions
Jurisdiction: U.S. Government Defendant
Date Filed […]

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EXCERPT:
CONCLUSION
This case poses a constitutional challenge to a bold new tact by the Congress, and the FDA, in their obvious and continuing efforts to minimize, if not eradicate, tobacco use in the United States. Notwithstanding the potential legal and financial ramifications of this challenge, the Government, for reasons known only to […]

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The Court has concluded, for the following reasons, that there will be no deferral of decision-making regarding the corrective action statements.
1. It is perfectly clear from Defendants’ Response that the litigation challenging the Regulations promulgated by the Food and Drug Administration (“FDA”) . . . will not end (if ever) for […]

Date Filed # Docket Text
12/21/2011 5958 Joint MOTION for Order Concerning Document Disclosure Obligations under Order #1015 by AMERICAN CANCER SOCIETY, AMERICAN HEART ASSOCIATION, AMERICAN LUNG ASSOCIATION, AMERICANS FOR NONSMOKERS’ RIGHTS, LORILLARD TOBACCO COMPANY, NATIONAL AFRICAN AMERICAN TOBACCO PREVENTION NETWORK, TOBACCO-FREE KIDS ACTION FUND, UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Crane-Hirsch, Daniel) (Entered: […]

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EXCERPT:
Upon consideration of the Joint Motion for Consent Order Between the United States, the Public Health Intervenors (hereafter “Plaintiffs”), and Lorillard Tobacco Company (hereafter “Lorillard”) Concerning Document Disclosure Obligations Under Order #1015, and the entire record herein, it is hereby ORDERED that:
A. Lorillard will deposit, on or before the dates indicated […]

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EXCERPT:
On August 18, 2011, in Order 26-Remand [Dkt. No 5949], the Court ruled that from and after September 15, 2011, it would exercise jurisdiction and supervision over the Minnesota Depository. Since that time, with the assistance of Depository staff, the Court has been reviewing the operation of the Depository. It has […]

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EXCERPT:
NOTICE
Defendant R.J. Reynolds Tobacco Company hereby gives notice that it has deposited its payment of $200,000 due by December 31, 2011 pursuant to Order #27-Remand into the Registry of the Court.
END EXCERPT

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EXCERPT:
By Orders dated February 25, 2011 (DN 5878) and March 24, 2011 (DN 5895), this Court referred to mediation several matters related to Defendants’ document disclosure obligations under Order #1015 (DN 5733, Aug. 17, 2006), published as United States v. Philip Morris USA Inc., 449 F. Supp. 2d 1, 940-44 (D.D.C. […]