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Title: Issues/Health/Tobacco/Advocacy/Anti-Tobacco - Public Citizen: Tobacco Amicus briefs, litigation summaries, testimony, comments, and articles by Public Citizen regarding tobacco regulation, litigation, and legislation.

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Tobacco Kelly v. Martin and Bailey In this case, a district court in Illinois followed the 8th Circuit's decision in Watson v. Philip Morris and held that Philip Morris was entitled to remove cases brought against it in state court to federal court on the theory that it was acting under the direction of a federal officer in marketing light cigarettes. The Supreme Court is currently considering whether it should grant review of this issue in Watson and has asked the Solicitor General of the United States to file a brief with his recommendations. Meanwhile, the Illinois district court decision has been appealed to the U.S. Court of Appeals for the 7th Circuit, and Public Citizen has filed a brief in support of the plaintiffs, who want the case remanded to state court. Amicus Curiae in Support of Plaintiffs-Appellants Seeking Reversal (5/2006) Watson v. Philip Morris In this case, the U.S. Court of Appeals for the Eighth Circuit, in an astonishing and unprecedented decision, held that cigarette manufacturer Philip Morris is entitled to "remove" cases filed against it in state courts to federal courts, under a statute designed to protect federal officers and employees. We filed an amicus curiae brief in support of the plaintiffs' petition for rehearing in the Eighth Circuit, which was denied with two judges dissenting. The plaintiffs filed a petition for certiorari in the Supreme Court, and we filed another amicus brief supporting their petition. On May 22, the Supreme Court issued an order asking the United States to file a brief stating its position on whether the Supreme Court should review the Eighth Circuit's decision. Amicus Brief on the Merits (2/23/2007) Amicus Brief at the cert. stage - Supreme Court (5/2006) Amicus Curiae in Support of Appellants' Petition for Rehearing En Banc (9/28/2005) Lorillard v. Reilly This case raised the fundamental question of whether states may regulate tobacco advertising strictly. Massachusetts had imposed a fairly broad regulation limiting outdoor tobacco advertising. The tobacco industry challenged the Massachusetts regulation on two grounds. First, industry claims that the federal cigarette labeling law "preempts" (or forbids) any state regulation. Industry's second argument was that the First Amendment to the U.S. Constitution bars states (and presumably the federal government as well) from imposing virtually any restraint on advertising. Our brief examined why the Court should reject both arguments. Unfortunately, the Court ruled in favor of industry. Amicus brief - Supreme Court (3/2001) Philip Morris, Inc. v. Reilly Amici Curiae in Support of Defendants-Appellants Requesting Reversal Broin Flight Attendants Settlement Objection to Settlement - Brief #1 Initial Brief of Objectors-Appellants Angela Williams et al. Reply Brief of Objectors-Appellants Angela Williams et al. Public Citizen's Support of FDA Tobacco Regulations Amicus brief - Supreme Court (7/1999) Amicus brief - District Court (11/1996) Amicus brief - United States Court of Appeals for the 4th Circuit (6/1997) Testimony, Comments Testimony of David C. Vladeck before the Senate Committee on the First Amendment Implications of Regulating the Advertising and Promotion of Tobacco Products to Children and Adolescents Comments of Public Citizen, Inc. Regarding FDAs Proposal to Regulate the Sale and Promotion of Tobacco Products to Minors (Executive Summary) (1/1996)

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Amicus	briefs,	litigation	summaries,
testimony,	comments,	and	articles	by
Public	Citizen	regarding	tobacco	regulation,
litigation,	and	legislation.

http://www.citizen.org/litigation/briefs/Tobacco/index.cfm

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Amicus briefs, litigation summaries, testimony, comments, and articles by Public Citizen regarding tobacco regulation, litigation, and legislation.

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