Appeals court set to hear tobacco law challenge
Legal News Center
A federal appeals court is set to hear arguments over a law giving the Food and Drug Administration the power to regulate tobacco advertising and marketing.
The three-judge panel from the U.S. 6th Circuit Court of Appeals on Wednesday will hear a challenge from tobacco companies who say the Family Smoking Prevention and Tobacco Control Act illegally restricts their free speech rights.
In January 2010, U.S. District Judge Joseph H. McKinley Jr. in Bowling Green, Ky., rejected much of the first major challenge to the law brought by tobacco companies. McKinley upheld most of the marketing restrictions in the law, including a ban on tobacco companies sponsoring athletic, social and cultural events or offering free samples or branded merchandise. The judge also upheld a requirement that warning labels cover half the packaging on each tobacco product.
The judge threw out a ban on color and graphics on most tobacco advertising.
The act, signed into law in June 2009, lets the FDA limit but not ban nicotine. It also lets the agency ban candy flavorings and marketing claims such "low tar" and "light," require warnings be emblazoned over carton images, regulate what goes into tobacco products and publicize those ingredients.
Joining R.J. Reynolds Tobacco Co., maker of Camel cigarettes, and Lorillard Inc., which sells Newport menthols, were National Tobacco Co., Discount Tobacco City & Lottery Inc., and Kentucky-based Commonwealth Brands, which is owned by Britain's Imperial Tobacco Group PLC.
Related listings
-
Going public: Strauss-Kahn accuser tries rare path
Legal News Center 07/25/2011The hotel housekeeper accusing Dominique Strauss-Kahn of sexually assaulting her is telling her story publicly, she says, because she wants the former International Monetary Fund leader behind bars. But it's hard to say whether her striking move will...
-
Jail beating lead to criminal trials, lawsuit
Legal News Center 07/25/2011Court documents show that the beating of a Floyd County jail inmate has led to criminal charges and a federal lawsuit. Terry Fisher was beaten by as many as 10 inmates over three days in 2008 after entering a guilty plea to unlawful transaction with ...
-
US court rejects SEC rule on board nominees
Legal News Center 07/22/2011A federal appeals court has struck down a rule adopted last year by the Securities and Exchange Commission that gave shareholders more power to nominate board directors.The U.S. Court of Appeals for the District of Columbia Circuit said the SEC was "...
Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.