Legal
State
Tobacco groups sue to block new state cigarette taxes (IL)
As a result of the $1 tobacco tax increase Illinois enacted in June, tobacco industry groups, the Cigar Association of America and the National Association of Tobacco Outlets, filed a lawsuit against the state. The plaintiffs argue that the state’s new definition of a cigarette in the law is unconstitutionally vague, and causes tobacco retailers to risk penalties if they make errors in distinguishing between taxable and nontaxable products. The new state law placed a $1 tax increase on cigarettes, roll-your-own tobacco, little cigars, and moist snuff. The tobacco industry groups are hoping this lawsuit will prevent retailers from being forced to follow the new law and eventually lead to a reversal of the tax increase. Click here to read more.
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National
Federal ruling against cigarette warning labels a defeat for public health
U.S. District Judge Richard Leon in Washington, DC ruled against the federal requirement of stronger graphic warning labels on cigarette packaging in the U.S., stating that the measure would “violate the First Amendment by unconstitutionally compelling speech” and that “graphic images are neither factual nor accurate.” Two other district judges have ruled in support of the labels, and the differences in rulings will most likely push this issue into the hands of the U.S. Supreme Court. The labels would contain graphic images and warnings regarding the negative health outcomes of smoking that have been approved by the Food and Drug Association. Click here to read more. Click here to read the Campaign for Tobacco-Free Kids’ (CTFK) statement on this ruling, which argues that graphic warnings labels are being contested because tobacco companies and supporters know that they are effective. Click here to read the American Cancer Society Cancer Action Network’s (ACS-CAN) statement.
Federal appeals court rejects tobacco industry effort to escape corrective actions for violating racketeering laws
The U.S. Court of Appeals has rejected tobacco companies’ appeal not to be required to carry out remedies previously assigned by Judge Gladys Kessler. The tobacco companies had argued that the 2009 federal law that granted the Food and Drug Administration (FDA) authority over tobacco products will prevent the tobacco industry from breaking racketeering laws in the future. The request was denied on the premise that the tobacco industry has been deceiving the public for decades with the promotion of unhealthy, addictive products, and the court had no confidence that they would not engage in similar actions again. Tobacco companies will now be required to release their marketing data to the government annually and refrain from making deceptive statements about tobacco and the associated health risks. This ruling is a major public health win. Click here to read more. Click here to read a statement by the American Cancer Society Cancer Action Network (ACS-CAN) on this ruling.
New issue of Legal Update newsletter
The latest issue of the Legal Update, the newsletter of the Tobacco Control Legal Consortium, is now available. Items to look for are the inclusion of the “Prohibiting the Sales of Tobacco Products in Pharmacies” publication that highlights policy options for eliminating the sale of tobacco products in pharmacies and updates to important lawsuits involving large tobacco companies. Click here to access this new issue.
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International
Australia's highest court upholds landmark law requiring plain cigarette packaging (Australia)
Australia’s highest court has upheld the law that requires all cigarettes and tobacco products to be sold in plain packaging; the first law of this kind in the world. Cigarettes and tobacco products in Australia may no longer depict colorful logos or branding in efforts to prevent cigarettes from appearing appealing or attractive to consumers. Despite many objections from the tobacco industry, the Australian government will make this law effective December 1. Click here to read more. Click here to access the released by the Campaign for Tobacco-Free Kids on this ruling.
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