Legal Update

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Quarterly Tobacco Control Legal Consortium newsletter that covers significant news in tobacco legislation and litigaton and includes several regular resources and features, such as "Ask a Lawyer" and "Profiles in Public Health Law."

Legal Update - Spring 2017

This issue highlights the disproportionate impact of tobacco use on vulnerable populations, including individuals suffering from behavioral health and substance use disorders, low socioeconomic populations, and other groups.  It include news on an exciting behavioral health and tobacco use summit; salutes a national public health champion; showcases several publications and resources that address tobacco use policies and interventions among marginalized and underserved populations; profiles organizations that focus on addressing tobacco-related health inequities; and features an “Ask A Lawyer” column on addressing reasonable accommodation issues in public housing, where many individuals with disabilities reside and one third of the adults smoke. 

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Legal Update – Winter 2016

This edition highlights the critical role that litigation plays in tobacco control. The issue includes news on recent U.S. tobacco lawsuits, as well as an historic class action case in Quebec; salutes a few of the champions who have represented clients in lawsuits against the tobacco industry over the years; showcases several publications and resources related to tobacco litigation; and features an Ask A Lawyer column on a tobacco control policy option that some local governments are concerned could be challenged in court.

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Legal Update - Summer 2015

This special edition focuses on the tobacco industry’s ongoing impact on kids. The issue includes resources on policy options for regulating flavored tobacco and e-cigarette products; two publications that examine marijuana policy issues analogous to those faced in tobacco control; an article describing lessons learned from Massachusetts attorneys Cheryl Sbarra and Jenn Robertson from one town’s attempt to ban the sale of all tobacco products; and an Ask A Lawyer column on tobacco retailer licensing.  It salutes the activities of two major organizations focused on youth tobacco control – the Campaign for Tobacco-Free Kids and Legacy – and pays tribute to two seasoned national leaders in tobacco control, Dr. Tim McAfee and the American Lung Association/C. Everett Koop’s Unsung Hero of the Year, the Consortium’s Maggie Mahoney.

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Legal Update - Summer 2014

This special commemorative edition looks back at tobacco control accomplishments since 1964, the year the first Surgeon General’s Report on Smoking and Health was released. The issue features reflections on memorable moments in tobacco control law and policy from Consortium attorneys at several legal resource centers and we review a few major legal challenges over the last decade; a salute to a committed public health champion who has played a pivotal role in U.S. tobacco control legislation – Congressman Henry Waxman, along with a special story by attorney Cliff Douglas about Waxman’s ingenuity as a tobacco control champion; an "Ask a Lawyer"  column on e-cigarettes; and links to new tobacco control resources, tobacco law and policy job postings, and upcoming events.

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Legal Update - Fall 2013

This special edition focuses on the tobacco industry and its past and current behavior in countering public health and influencing the tobacco product regulatory process.  The issue features profiles of public health champions Ruth Malone and Stan Glantz, news about the settlement of an historic cigarette personal injury case, information about a national trade association’s practice of opposing tobacco control legislation throughout the U.S., and a status update of the historic civil racketeering lawsuit U.S. v. Philip Morris, which is still in litigation. This issue also features a law synopsis by Consortium attorney Desmond Jenson, "Racketeers at the Table:  How the Tobacco Industry is Subverting the Public Health Purpose of Tobacco Regulation," a related "Ask a Lawyer" column on the tobacco industry’s role in federal tobacco regulation, and resources on deceptive practices by the tobacco industry in the U.S. and abroad.

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Legal Update - Spring 2013 (Chinese version)

This is a Chinese translation of a special Legal Update edition, which focuses on global tobacco control.  The newsletter features contributions from international experts in tobacco law and policy, including assessments of the greatest challenges facing tobacco control in ten countries,  an article on the role of international trade and investment agreements in tobacco control, by Dr. Benn McGrady of Georgetown University’s O’Neil Institute for National and Global Health, as well as an article on global tobacco control and the Framework Convention on Tobacco Control by Patricia Lambert, Director of the Campaign for Tobacco-Free Kids’ International Legal Consortium.  Patricia is profiled as a leading international champion in tobacco control, as is Laurent Huber, Executive Director of the Framework Convention Alliance and Action on Smoking or Health.

Legal Update - Spring 2013

This special edition, which focuses on global tobacco control, features contributions from an impressive group of international experts in tobacco law and policy.  It includes assessments of the greatest challenges facing tobacco control in ten countries, an article on the role of international trade and investment agreements in tobacco control, by Dr. Benn McGrady of Georgetown University’s O’Neil Institute for National and Global Health, and a feature on global tobacco control and the Framework Convention on Tobacco Control by Patricia Lambert, Director of the Campaign for Tobacco-Free Kids’ International Legal Consortium. Patricia is profiled as a leading international champion in tobacco control, as is Laurent Huber, Executive Director of the Framework Convention Alliance and Action on Smoking or Health. 

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Legal Update -- Fall 2012

This special edition, which is dedicated to issues related to the federal regulation of tobacco products, features an interview with, and profile of, William B. Schultz, Acting General Counsel of the U.S. Department of Health and Human Services, as well as other resources and information on FDA tobacco regulation, and a salute to Mitchell Zeller, a national expert in public health law.

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Legal Update - Summer 2012

This issue includes a new Consortium publication on prohibiting the sale of tobacco products in pharmacies, updates on significant tobacco litigation in Rhode Island and Minnesota, and other tobacco policy-related news, resources, and upcoming events.

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Legal Update - Spring 2012

This issue includes new publications from the Tobacco Control Legal Consortium, information on the launch of the Consortium's launch new FDA Tobacco Project, litigation updates, and information on new publications from the Public Health Law Center regarding tobacco use and cessation in corrections populations.

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Legal Update - Summer 2011

This issue includes information on a decade of achievements for tobacco control, information on the first major court challenge to the Family Smoking Prevention and Tobacco Control Act of 2009, and how the FDA is to conduct an independent review of menthol cigarettes.

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Legal Update - Fall 2010

This issue includes new tools for tobacco regulation under FDA legislation, how a California county passed a strong new tobacco control law, and information on how Florida juries side with tobacco companies in latest “Engle Progeny” lawsuits.

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Legal Update - Summer 2010

This issue includes information on how the U.S. Supreme Court denied review of an appeal in the tobacco racketeering case, information on how the first anniversary of FDA tobacco legislation marks enactment of new provisions, and new tools for tobacco regulation under FDA legislation.

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Legal Update, April 2010

This issue includes information on how the Public Health Law Center received a new grant to expand the field of
public health law, how the Ohio Supreme Court is to hear an appeal in tobacco control funds case, and how the FDA issued a rule restricting
access and marketing of cigarettes and smokeless tobacco products to youth.

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Legal Update, September 2009

This issue includes information on an update to the Tobacco Control Legal Consortium's 204 synopsis, "Infiltration of Secondhand Smoke into Condominiums, Apartments and Other Multi-Unit Dwellings", how Philip Morris was ordered to pay $300 million to an
ex-smoker, and information on how the U.S. and Canada have banned flavored cigarettes.

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Legal Update, June 2009

This issue includes information on the Legal Consortium's release of new resources on the FDA regulation of tobacco, how Oregon has stopped the sale of e-cigarettes, and an announcement by the FDA on their new Center for Tobacco Products.

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Legal Update, March 2009

This issue includes information on the U.S. House of Representatives passing the Family Smoking Prevention and Tobacco Control Act of 2009, how Florida juries order tobacco companies to pay millions in smoker cases, and how "Tobacco State" Virginia has gone smoke-free.

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Legal Update, September 2008

This issue includes information on a forum held by the Tobacco Control Legal Consortium titled, “Going Too Far? Exploring the Limits of Smoking Regulation”, the U.S. Supreme Court upholding smokers’ right to sue, and how South Carolina has once again upheld right of locals to pass smoke-free laws.

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Legal Update, June 2008

This issue includes information on the Tobacco Control Legal Consortium's latest synopsis entitled, "Workplace Smoking: Options for Employees and Legal Rights for Employers", information on FDA legislation passing the House, and how the Consortium filed an amicus brief in the Supreme Court “light” cigarette case.

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Legal Update, April 2008

This issue includes information on the Consortium's update to "There is No Constitutional Right to Smoke", the Supreme Court ruling that states are powerless to control online cigarette sales to minors, and how Nebraska and Iowa are the latest states to join the smoke-free ranks.

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Legal Update, February 2008

This issue includes information on the Tobacco Control Legal Consortium's new synopsis, "Light Cigarette Lawsuits
in the United States: 2007", how the U.S. Supreme Court is to hear "light" cigarette advertising case, and information on how the Legal Consortium and others filed an amicus brief in appeal of the DOJ case.

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Legal Update, October 2007

This issue includes information on how Minneapolis hosted the National Conference on Tobacco or Health, how California has now made it an offense to smoke in a car with children under the age of 18, and how the U.S. Supreme Court is scheduled to hear oral arguments in Rowe v. New Hampshire Motor Transport Association, 06-457, a case involving federal preemption and the right of a state to regulate the sale of tobacco via the Internet.

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Legal Update, August 2007

This issue includes information on how the Tobacco Control Legal Consortium has filed an amicus brief in U.S. Supreme Court internet law case, how the Illinois Supreme Court rejected $10.1 Billion ruling in “light” cigarette case, and how the American Legacy Foundation is leading more than 45 national groups dedicated to protecting and improving public health, including the Tobacco Control Legal Consortium, in calling for R.J. Reynolds Tobacco Company to remove its Camel No. 9 cigarettes from stores.

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Legal Update, July 2007

This issue includes information on how the world's nations have set unprecedented standards for smoking regulation, how the U.S. Supreme Court is to hear the Maine internet law case, and how the FCTC has spurred dramatic progress on global tobacco control agenda.

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Legal Update, June 2007

This issue includes information on the Tobacco Control Legal Consortium’s new law synopsis, entitled
"Regulating Cigarettes for Fire Safety", new laws addressing cigarette fire hazards, and how a Pennsylvania court has ruled that local governments in that state are preempted from regulating secondhand smoke.

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Legal Update, April 2007

This issue includes information on how Congress is considering legislation to grant the U.S. Food and Drug Administration (FDA) the authority to regulate tobacco products, information on the U.S. Supreme Court hearing oral arguments in the Watson “light” cigarette case, and how more states are moving towards smoke-free environments.

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Legal Update, March 2007

This issue includes information on how the U.S. Department of Justice ruling applies to tobacco industry deceit internationally, how the U.S. Supreme Court struck down the damages award in the Williams case, and filing of an amicus brief by the Tobacco Control Legal Consortium in the Austin smoke-free challenge.

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Legal Update, February 2007

This issue includes information on the Tobacco Control Legal Consortium’s new synopsis, entitled "Secondhand Smoke and Casinos", how the Connecticut Supreme Court has upheld their state smoke-free law, and the latest on the Schwab "light" cigarette case.

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Legal Update, January 2007

This issue includes information on the Tobacco Control Legal Consortium’s new law synopsis, entitled Legal Options for Condominium Owners Exposed to Secondhand Smoke, a follow-up to their earlier synopsis on the same issue, information on how the Ohio and Nevada indoor air acts have been challenged, and how Atlantic City is considering no smoking in their casinos.

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Legal Update, November 2006

This issue includes information on how intervenors in the DOJ Case file notice of intent to appeal for strong remedies, information on how California cities are considering ordinances making smoking a public nuisance, and how the Michigan Smoke-Free Apartment Initiative has received the prestigious Spirit of Collaboration Award.

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Legal Update, October 2006

This issue includes a profile on the Tobacco Law Center, how Colorado is the latest state to add Legal Resource Center, and information on how R.J. Reynolds agreed to stop selling candy-flavored cigarettes in the U.S.

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Legal Update, September 2006

This issue includes a profile of the Tobacco Control Resource Center, how First Centrum Communities recently became the first national apartment management company to adopt smoke-free policies in all its apartment communities, and how Israel has become the first nation to enforce the Framework Convention on Tobacco Control.

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Legal Update, July 2006

This issue includes information on the Consortium's unveiling of a new database of tobacco-related law journal articles, how the Engle decision has left big tobacco at a continuing risk, and how the Supreme Court of Nepal has ordered the national government to prohibit smoking in all public places.

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Legal Update, June 2006

This issue includes information on how states have sued tobacco companies over $1.2 billion in settlement payments, news on the Minnesota Supreme Court upholding a tobacco fee, and how “self-extinguishing” cigarette bills are on the rise throughout the United States.

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Legal Update, March 2006

This issue includes information on the Tobacco Control Legal Consortium’s latest publication, "Public Health Policy for Internet Cigarette Retailers", how the Global Tobacco Treaty implementation has begun, and news on Uruguay becoming the first smoke-free nation in the Americas.

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Legal Update, November 2005

This issue includes information on the Tobacco Control Legal Consortium’s latest publication, "Secondhand Smoke and the Family Courts: The Role of Smoke Exposure in Custody and Visitation Decisions", how State of Washington voters have approved a sweeping smoke-free law, and the latest news in United States v. Philip Morris, et. al.

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Legal Update, September 2005

This issue includes information on the Tobacco Control Legal Consortium’s latest publication, “There is No Constitutional Right to Smoke”, news that the Legal Consortium has submitted an amicus brief in the DOJ Case on behalf of 19 national public health organizations, and information on a groundbreaking Massachusetts verdict upholding the eviction of condo tenants for smoking.

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Legal Update, June 2005

This issue includes information on how the trial has concluded in the United States' tobacco racketeering lawsuit, information on the Legal Consortium’s latest publication, “The United States Government’s Racketeering Lawsuit against the Cigarette Industry” and how it provides a background briefing on this important case, and how a Minnesota state trial court dismissed a “light” cigarette suit on behalf of Minnesota smokers of Camel Lights, ruling that the plaintiffs’ claims under state consumer protection laws are preempted by the federal Cigarette Labeling and Advertising Act.

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Legal Update, March 2005

This issue includes information on how the Legal Consortium’s Michigan affiliate, the Smoke-Free Environments Law Project, has launched an important new campaign to encourage landlords to adopt smoke-free policies in their apartment buildings, how the Supreme Court of the State of Washington rules that local smoke-free ordinances are preempted, and information on the California Supreme Court unanimously agreeing to review a class-action suit filed against four tobacco companies on behalf of approximately 1 million Californian minors for alleged violations of state consumer protection laws.

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Legal Update, December 2004

This issue includes information on how the Consortium’s latest publication, "Local Land Use Regulation for the Location and Operation of Tobacco Retailers", how the world’s first public health treaty, the Framework Convention on Tobacco Control, will take effect and become a binding international obligation of the participating nations, on February 28, 2005, and how a Minnesota court has permitted a historic tobacco class action to proceed.

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Legal Update, November 2004

This issue includes information on the Consortium’s new publication, “The Tobacco Master Settlement Agreement: Enforcement of Marketing Restrictions", how the Illinois Supreme Court will hear oral arguments on November 10th in the appeal of the massive $10.1 billion judgment against Altria Group Inc.’s Philip Morris USA unit over the marketing of “light” cigarettes, and how a ruling by a New York trial court could lead to confusion in enforcing New York's smoke-free law.

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Legal Update, September 2004

This issue includes information on the Consortium’s new publication, “The Americans with Disabilities Act: Effective Legal Protection Against Secondhand Smoke Exposure”, information on the opening of the tobacco trial of the century - U.S. v. Philip Morris USA, Inc., and how a Virginia mother of two was sentenced recently to 10 days in jail for defying a court order not to smoke near her children.

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Legal Update, July 2004

This issue includes information on the Consortium’s new publication, “Infiltration of Secondhand Smoke into Condominiums, Apartments and Other Multi-Unit Dwellings", how the Tobacco Control Legal Consortium was recently honored to receive the 2004 National/Regional Collaboration Award from the Centers for Disease Control and Prevention (CDC) and the Directors of Health Promotion and Education (DHPE), and how the Oregon Court of Appeals recently
upheld a $79.5 million punitive damages award against Philip Morris in a wrongful death suit brought by the family of Jesse Williams, a Marlboro smoker who died of lung cancer.

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Legal Update, June 2004

This is the first issue of the Tobacco Control Legal Consortium’s online newsletter. It includes information on the Consortium's new publication, a legal synopsis entitled “Legal Authority to Regulate Smoking and Common Legal Threats and Challenges", background information on the Consortium, and information on how the Kentucky Supreme Court upheld Lexington’s historic ordinance prohibiting smoking in restaurants, bars and other public places.

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