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First Amendment › Public Health › Warning Labels

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
Morgan Lewis

Court Holds Prop 65 TiO2 Warning Violates First Amendment in Cosmetics and Personal Care Products Industry Win

Morgan Lewis on

In a decision building on a string of recent industry wins, a federal district court granted a permanent injunction, which extended an earlier issued preliminary injunction, prohibiting the filing of new lawsuits to enforce...more

BakerHostetler

Federal Court Blocks FDA’s Graphic Cigarette Warning Rule: The Limits of Regulatory Authority

BakerHostetler on

On Monday, a federal judge from the Eastern District of Texas, Judge J. Campbell Barker, ruled that the U.S. Food and Drug Administration (FDA) exceeded its authority under the Tobacco Control Act by requiring cigarette...more

Troutman Pepper Locke

FDA Says Agency Will Enforce the Cigarette Graphic Warning Rule in December 2025, But Pending Litigation Could Still Derail Those...

Troutman Pepper Locke on

In September, the U.S. Food and Drug Administration (FDA) told industry that it would begin enforcing the agency’s cigarette graphic warning rule in December 2025 in an enforcement policy outlined in a short guidance...more

Troutman Pepper Locke

Industry Urges SCOTUS to Consider FDA Graphic Cigarette Warnings

Troutman Pepper Locke on

In August, a group of tobacco companies filed a petition for certiorari at the U.S. Supreme Court, seeking review of a lower court’s holding that the First Amendment does not prohibit the U.S. Food and Drug Administration...more

Perkins Coie

California Chamber of Commerce Challenges Proposition 65 Acrylamide Warning for Foods

Perkins Coie on

On October 7, 2019, the California Chamber of Commerce (“CalChamber”) filed a lawsuit against California Attorney General Xavier Becerra in the U.S. District Court for the Eastern District of California. The lawsuit seeks to...more

Mintz - Consumer Product Safety Viewpoints

Do You Want Fries With That?

Mintz - Consumer Product Safety Viewpoints on

The old joke of “what do Philosophy majors ask at their first job?” takes on a new meaning in the world of Prop 65. On October 7, 2019, the California Chamber of Commerce filed a lawsuit in Federal court for the Eastern...more

Hogan Lovells

California Chamber of Commerce Challenges the Proposition 65 Acrylamide Warning for Foods

Hogan Lovells on

A lawsuit filed yesterday by the California Chamber of Commerce challenges the legality of Proposition 65 warnings on foods that contain acrylamide. The Complaint, which named the Attorney General of the State of California...more

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