The PEOPLE ex rel. Bill LOCKYER, as Attorney General, etc., Plaintiff and Respondent,
v.
R.J. REYNOLDS TOBACCO COMPANY, Defendant and Appellant.
Court of Appeals of California, Second District, Division Twohttps://leagle.com/images/logo.png
October 30, 2003
Review Granted January 28, 2004.
Attorney(s) appearing for the Case
Howard, Rice, Nemerovski, Canady, Falk & Rabkin, H. Joseph Escher III, Marc C. Haber, and Chandra Miller Fienen, San Francisco, for Defendant and Appellant.
Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, Dennis Eckhart, Senior Assistant Attorney General, Peter M. Williams and Michelle Fogliani, Deputy Attorneys General, for Plaintiff and Respondent.
Court of Appeals of California, Second District, Division Two
ASHMANN-GERST, J.
Exercising independent review,1 we affirm summary judgment in favor of the People against R.J. Reynolds Tobacco Company (R.J. Reynolds) for violating Health and Safety Code section 118950.2 We hold: (1) the Federal Cigarette Labeling and Advertising Act (FCLAA) does not preempt section 118950's restriction on the distribution of free cigarettes; (2) the distribution of free cigarettes on public...
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