Legal

National

Legal Consortium files amicus brief in first impression tobacco-free pharmacy case (CA)
The Tobacco Control Legal Consortium (TCLC) and the Tobacco Assistance Legal Center (TALC) recently filed an amicus brief in support of San Francisco’s recent ban of cigarette sales in pharmacies. Tobacco company Philip Morris has challenged the new law on the grounds that it violates the company’s First Amendment rights. The TCLC/TALC brief states that banning tobacco sales in pharmacies would serve the public health goals of changing social norms relating to tobacco use and making tobacco less readily available. Because of these gains, the ban is a reasonable measure for reducing tobacco use. As the first case to decide the validity of pharmacy tobacco bans, this case is likely to set a legal precedent for the nation. Click here to read more.

Tobacco laws affecting California (CA)
The Tobacco Assistance Legal Center (TALC) has released an updated version of one of their most popular resources, “Tobacco Laws Affecting California.” This booklet is a guide to California’s state laws that relate to tobacco, as well as federal laws that apply within the state. The booklet contains information on policies related to tobacco sales and use, secondhand smoke, tobacco advertising and sponsorship, and taxation. The laws are indexed both by topic and by source of the law. Also, portions of the Master Settlement Agreement (MSA) are summarized. Click here to download a copy of the guide, or click here to visit the TALC website.

High court won’t take up award against Philip Morris (OR)
The Oregon Supreme Court decided not to hear a dispute over an $80 million punitive damages award that an Oregon court ordered Philip Morris to pay out for a smoker’s death. In 1999, an Oregon jury awarded damages to the widow, Mayola Williams, agreeing that her husband had been deceived by Philip Morris’ marketing. The tobacco company’s appeal of the case has now raised the award to over $150 million due to back interest. Although justices have implied during the appeal process that the award was too large, they dismissed the case, and the lower court’s verdict stands. Under Oregon state law, the tobacco company must pay 40% of the penalty to Williams and 60% to the state. This stipulation will probably cause an additional legal battle regarding the payment to the state due to an agreement that bars states from collecting punitive damages from tobacco companies. Click here to read more.

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