CIGAR ASSOCIATION OF AMERICA v. FDA: JOINT STATUS REPORT, Dec. 13, 2018

December 14, 2018 10:34 pm by Gene Borio

The PDF is Here

EXCERPT:

Plaintiffs are concerned about the impending November 8, 2019 deadline for reporting of harmful and potentially harmful constituent (“HPHC”) testing for all cigars and pipe tobacco. . . .

With regard to the substantial equivalence and premarket review process and the arbitrary
failure to appropriately treat the category of the premium cigars challenged in Counts I, IV, and
V, Plaintiffs continue to monitor regulatory developments and are considering either continuing to
stay those claims with the Court’s permission or dismissing them without prejudice, assuming
appropriate protections for future litigation are put in place by agreement with the Government or
through Court order. Plaintiff associations will provide their respective views on the appropriate
disposition of those claims in their January 14, 2019 status report.

Defendants’ Statement: Defendants remain open to having the remaining claims in this
case—i.e., Counts I, IV, and V of the complaint—either further deferred or dismissed without
prejudice, as previously reported. See ECF No. 53, at 3; ECF No. 110, at 3; ECF No. 111, ¶ 2.
Defendants have not received a proposal for “appropriate protections” for those claims in the event
of dismissal, or for potential proceedings on any other, unpleaded claims, but will provide their
views once Plaintiffs determine how they wish to proceed.

END EXCERPT

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DOCKET CAA v FDA MAR-DEC, 2018

December 14, 2018 10:25 pm by Gene Borio

EXCERPT:

MINUTE ORDER. Briefing on the unresolved counts in this matter is deferred until at least January 14, 2019, on which date the parties shall file an additional Joint Status Report that proposes a schedule for further proceedings, if appropriate.

END EXCERPT

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USA v PHILIP MORRIS, et. al. DOCKET May 11, 2018

May 15, 2018 10:35 pm by Gene Borio

05/11/2018 6261 Joint STATUS REPORT on Behalf of All Parties by R.J. REYNOLDS TOBACCO COMPANY. (Attachments: # 1 Text of Proposed Order)(Mandell, Jeffrey) (Entered: 05/11/2018)

USA v PHILIP MORRIS, et. al. #6261: JOINT STATUS REPORT REGARDING RETAIL POINT-OF-SALE DISPLAYS, May 11, 2018

May 11, 2018 10:35 pm by Gene Borio

The PDF is Here

EXCERPT:

POS is the last remaining issue that the Court has not resolved on remand. It has been nearly four years since the parties and two retailer trade associations filed their supplemental briefs on this issue. During that time, there have been additional decisions addressing legal doctrines that may be relevant to various arguments, and ITG Brands has joined this case. Given the passage of time, the parties believe that it would be appropriate to update the Court on recent relevant legal and factual developments, and for the Court to solicit any updates on retailers’ views on the POS issue so that all interested persons can be heard on this issue at the same time. Accordingly, the parties propose that they, and retailer trade associations that wish to do so, be permitted to file supplemental briefs on this issue, and further propose that the Court schedule argument at its convenience.

The parties respectfully propose the following briefing schedule1:

Friday, June 8: Defendants, ITG Brands, and retailer trade associations that wish to be heard file opening briefs. Defendants and ITG Brands shall have 30 pages to allocate as they wish; retailer trade associations up to 15 pages each.

Friday, July 6: United States and Public-Health Intervenors file briefs in response, and shall have 50 pages to allocate as they wish.

Monday, July 30: Defendants, ITG Brands, and retailer trade associations that filed opening briefs file reply briefs. Defendants and ITG Brands shall have 20 pages to allocate as they wish; retailer trade associations up to 10 pages each.

END EXCERPT

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USA v PHILIP MORRIS, et. al. #6260 Order #81 - Remand, May 1, 2018

May 2, 2018 12:23 am by Gene Borio

The PDF is Here

EXCERPT:

Corrective Statements On Websites

1. The Website Corrective Statements will be published as described in this Section.

a. Defendants and the Remedies Parties will not interfere with or impede a user’s ability to print or copy the Website Corrective Statements. The full-text display (as defined below) will not be an image, and will be in a format that allows a user to print or copy all or part of its text.

b. The specifications below assume a website viewed on a monitor screen with a resolution of 72 DPI.

c. The specifications for non-mobile-device presentations assume a 17 inch monitor with an overall screen width of 1024 pixels and a height of 768 pixels; and for mobile-device presentations, assume an overall screen width of 320 pixels and a height of 480 pixels. For clarity, mobile device specifications may be measured on a 17 inch monitor with a viewable area that is 320 pixels wide and 480 pixels high.

d. With respect to any new or redesigned Covered Website, the comparative prominence of the website preamble tile and the full-text display (as defined below) in relation to the other elements on the screen will be at least as great as in any of the mock ups in the relevant phase and section (i.e., non-mobile, responsive design mobile, and non-responsive design mobile) of the Website Mock ups.

. . .

Corrective Statements On Cigarette Pack Onserts

1. On the schedule provided in paragraphs 2-5 below, each Defendant or, for the Acquired Brands, ITG Brands, will affix to cigarette packaging, either to the outside of or within the outer cellophane wrapping around each package, an “onsert” containing one of the Corrective Statements. The order in which the companies are listed will be as reflected in Exhibits 14-20 to the Consent Motion (filed April 26, 2018) to Enter Third Superseding Consent Order Implementing Corrective Statements for Websites and Onsert.

END EXCERPT

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USA v PHILIP MORRIS, et. al. DOCKET May 1, 2018

May 1, 2018 11:18 pm by Gene Borio

05/01/2018

6260 

ORDER #81-Remand granting 6257 motion for third superseding consent order implementing the corrective statements remedy for websites and onserts. Signed by Judge Paul L. Friedman on May 1, 2018. (MA) (Entered: 05/01/2018)

05/01/2018
 
MINUTE ORDER denying as moot the motion 6245 for referral to the special master for mediation. Signed by Judge Paul L. Friedman on May 1, 2018. (MA) (Entered: 05/01/2018)

05/01/2018
 
MINUTE ORDER directing the parties to submit a joint status report on or before May 11, 2018, addressing the status of the corrective statements for retail point-of-sale displays. Signed by Judge Paul L. Friedman on May 1, 2018. (MA) (Entered: 05/01/2018)

05/01/2018
 
Set/Reset Deadlines: Status Report due by 5/11/2018 (tj) (Entered: 05/01/2018)

USA v PHILIP MORRIS, et. al. #6258: DEFENDANTS’ RESPONSE TO LITTLE ROCK SUN COMMUNITY NEWSPAPER’S EMERGENCY MOTION FOR PAYMENT & SANCTIONS, Apr 30, 2018

April 30, 2018 5:32 pm by Gene Borio

The PDF is Here

EXCERPT:

Defendants Philip Morris USA Inc., R. J. Reynolds Tobacco Company, and Altria Group, Inc.1 oppose the Little Rock Sun Community Newspaper’s Emergency Motion (Dkt. No. 6255; filed Apr. 4, 2018).2 The Little Rock Sun, by its publisher, Dr. Julius Larry (“Dr. Larry”), asks this Court to issue an order requiring Defendants to pay $99,400 and sanctions related to alleged non-payment for the corrective-statement spots published in the Little Rock Sun. The Motion does not address an emergency, is not properly before this Court and, in any event, is baseless. It should be denied.

. . .

The mediation process culminated in an agreement, reflected in the proposed Consent Order the parties jointly submitted to the Court on January 10, 2014. (Dkt. No. 6021). Shortly after that filing, several entities appeared as amici, objecting to the proposed Consent Order as written. The Little Rock Sun was one of these entities. The amici asserted that the list of newspapers and television networks specified by the Court in Order #1015 and incorporated in the parties’ proposed Consent Order should be amended to reach more African Americans.

END EXCERPT

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USA v PHILIP MORRIS, et. al. DOCKET 4/30/2018

April 30, 2018 5:18 pm by Gene Borio

04/30/2018

6258 

RESPONSE re 6255 MOTION Emergency Motion for Payment Due and Owing by Tobacco Defendants for Court-Ordered Corrective Statement Tobacco Advertising Campaign in Newpapers MOTION for Sanctions filed by ALTRIA GROUP, INC., PHILIP MORRIS USA INC., R.J. REYNOLDS TOBACCO COMPANY. (Attachments: # 1 Exhibit Email Correspondence from Dr. Larry, # 2 Exhibit Mandell Letter to Dr. Larry, # 3 Exhibit The Little Rock Sun Times Corporation Record, # 4 Exhibit Houston Chronicle Article)(Mandell, Jeffrey) (Entered: 04/30/2018)

04/30/2018

6259 

CERTIFICATE OF SERVICE by ALTRIA GROUP, INC., PHILIP MORRIS USA INC., R.J. REYNOLDS TOBACCO COMPANY . (Mandell, Jeffrey) (Entered: 04/30/2018)

USA v PHILIP MORRIS, et. al. #6257-21: (Proposed) ORDER # ___ -Remand, Apr 26, 2018

April 26, 2018 2:32 pm by Gene Borio

The PDF is Here

EXCERPT:

the motion is GRANTED and it is hereby ORDERED that:

The corrective statements remedy under Order #1015 (Dkt. No. 5733; issued Aug. 17, 2006) . . . is hereby MODIFIED as set forth below:

PART 1: REVISED IMPLEMENTATION SPECIFICATIONS FOR CORRECTIVE STATEMENTS FOR WEBSITES AND ONSERTS

END EXCERPT

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USA v PHILIP MORRIS, et. al. #6257: CONSENT MOTION FOR ENTRY OF THIRD SUPERSEDING CONSENT ORDER IMPLEMENTING THE CORRECTIVE STATEMENTS REMEDY FOR WEBSITES AND ONSERTS, Apr 26, 2018

April 26, 2018 2:02 pm by Gene Borio

The PDF is Here

EXCERPT:

The parties have reached agreement for the Corrective Statements remedy to begin on dates certain in two media channels—namely, websites and package “onserts”—and respectfully ask the Court to review and, if acceptable, promptly enter the attached (proposed) Consent Order Implementing the Corrective Statements Remedy For Websites and Onserts (the “(proposed) Website and Onsert Consent Order”).

END EXCERPT

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