text:
Both the MSA § III(b) and the Consent Decree § V.B. prohibit the use of cartoons in tobacco advertising. The term "Cartoon" is specifically defined to be much broader than what people usually think of as cartoons.
"Cartoon" means any drawing or other depiction of an object, person, animal, creature or any similar caricature that satisfies any of the following criteria:
- the use of comically exaggerated features;
- the attribution of human characteristics to animals, plants or other object, or the similar use of anthropomorphic technique; or
- the attribution of unnatural or extra human abilities, such as imperviousness to pain or injury, X ray vision, tunneling at very high speeds or transformation.
"The term 'Cartoon' includes 'Joe Camel. . . .
MSA § II(l).
Even cartoons specifically intended for adults are prohibited.
- April 2013 – Court of Appeal, Fourth Appellate District, upholds the trial court's decision that the People prevailed in the Farm Rocks cartoon campaign case.
On April 26, 2013, The People were awarded $3 million in attorneys' fees from R.J. Reynolds Tobacco Co. by the California Court of Appeal. The appellate court upheld the trial court's determination that the People prevailed in the action, and that they are entitled to Bay Area market rates for their fees incurred enforcing the ban on using cartoons in tobacco advertisements. The Appellate Court's decision can be viewed by clicking on the link below.
March 2012 - Court awards $2.9 million in attorneys' fee to the state for winning the cartoon case.
The People requested $2.9 million in attorneys' fee from R.J. Reynolds for the extensive litigation in the case over the Farm Rocks cartoon campaign. The case included numerous pre trial motions, discovery, a two week trial and two appeals – one on the merits and another on the People's entitlement to attorneys' fees. The court awarded the state the full fee award, finding that the People had prevailed in the case. The appellate court had ruled that the People were entitled to market rates if they prevailed under the "greater relief" standard of Civil Code § 1717. (In re Tobacco Cases I (2011) 193 Cal. App. 1591.) The Court of Appeal remanded for the trial court to re-determine whether the People had prevailed. The trial court found that they did and ordered Reynolds to pay the full $2.9 million fee requested. Reynolds has appealed these rulings as well.
June 2010 - Appellate Court affirms that Reynolds used cartoons in its advertising.
The Court of Appeal, Fourth Appellate District, affirmed the trial court decision ruling on R.J. Reynolds Tobacco Co's Farm Rocks campaign which used cartoons in its advertising of Camel cigarettes in Rolling Stone magazine, local newspapers, and at musical events on posters, flyers, projections and videos. The Court found that Reynolds' Farm Rocks images were "cartoons" under the Consent Decree and MSA. The court held that the definition was unambiguous and includes objects with unnatural abilities like tractors and radios that fly and televisions that grow on plant stems. The court noted that Reynolds and other tobacco companies have a history of targeting youth in their advertising, and that Reynolds' fanciful Farm Rocks images would appeal to youth.
Although Reynolds appealed the trial court ruling that sanctions could be awarded under the Consent Decree, the appellate court declined to rule on the issue finding that the issue was moot since sanctions were not actually awarded.
April 2009 - Camel "Farm Rocks" Court finds R.J. Reynolds violated Master Settlement Agreement's Cartoon ban.
The California Superior Court ruled that Reynolds had used cartoons in its campaign in violation of the Master Settlement Agreement with the states which has prohibited the use of cartoons in tobacco advertising for more than ten years. This matter commenced in December 2007, when the California Attorney General filed suit against R. J. Reynolds Tobacco Co. for using cartoons in a Camel cigarette promotion called Farm Rocks. Eight other states simultaneously filed lawsuits in their own states regarding the national Camel campaign. During a court hearing in California, Reynolds agreed to suspend the campaign pending the lawsuit and stopped all magazine and newspaper advertisements, musical events and CDs using the Farm Rocks cartoon imagery. On April 20, 2009 the California Superior Court ruled that Reynolds had used cartoons in its campaign in violation of the Master Settlement Agreement with the states which has prohibited the use of cartoons in tobacco advertising for more than ten years. The court declined to award sanctions against Reynolds, but ruled that the People are entitled to their attorneys' fees for prosecuting the action.
December 2007 - Attorney General sues R.J. Reynolds for using prohibited cartoon ads for Camel cigarettes.
In a court filing on December 4, coordinated with several other states, the Attorney General's Office sought an order to show cause preventing Reynolds from any further use of cartoon imagery in promoting cigarettes through the company's Camel "Farm Rocks" campaign. The centerpiece of the suit is a nine-page, special fold-out section in the November 15 edition of Rolling Stone magazine, which contained Farm Rocks ads and numerous cartoon images that are prohibited by the Master Settlement Agreement. During a hearing in open court on December 4, Reynolds committed to shut down its Farm Rocks web site by December 5, to not use any Farm Rocks images in print advertising or at live events until the litigation is resolved, and to not distribute any Farm Rocks music CDs. Hearings in several other states' cases against Reynolds were postponed when Reynolds agreed to nationwide relief pending settlement discussions.
Application for Order To Show Cause, pdf and
Memorandum of Points and Authorities in Support of Application for Order to Show Cause, pdf
Health Claims
Section III (r) of the MSA provides that "No Participating Manufacturer may make any material misrepresentation of fact regarding the health consequences of using any Tobacco Product, including any tobacco additives, filters, paper or other ingredients. Nothing in this subsection shall limit the exercise of any First Amendment right or the assertion of any defense or position in any judicial, legislative or regulatory forum."
The Consent Decree and Final Judgment has an identical provision in section V. I.
March 2010 - Vermont court rules R.J. Reynolds lacked scientific basis for health claims in marketing Eclipse brand cigarettes.
In 2003, R.J. Reynolds Tobacco Company began marketing its Eclipse brand of cigarettes. In a national advertising campaign, Reynolds claimed that Eclipse, which heats rather than burns tobacco, may present less risk of cancer, chronic bronchitis, and emphysema than other brands of cigarettes. Reynolds further claimed that it had scientific studies supporting these health claims. The Vermont Attorney General, with assistance from the Attorneys General from eight other states, including California, filed a complaint against Reynolds, alleging that the company did not have adequate substantiation for its health claims.
After a 26 day trial involving more than 20 expert witnesses and thousands of exhibits, the Chittenden Superior Court in Vermont agreed with the states, finding that Reynolds engaged in deceptive advertising in marketing Eclipse as a reduced risk product. Reynolds had hundreds of studies, many of which found a reduction of some of the toxic components of the smoke from Eclipse. However, in his 116 page opinion, Judge Pearson found that there was no evidence that a reduction in certain toxins produced any reduced risk of disease. As the court found, the consensus among the scientific community, including many of Reynolds' own scientists, was that Reynolds needed to have long-term epidemiological studies to support its claims. Thus, Reynolds' ads violated the Tobacco Master Settlement Agreement's prohibition against making any material misrepresentations of fact regarding the health consequences of using any tobacco product and the Vermont Consumer Fraud Act. The court bifurcated the trial, so remedies and damages will be addressed in future proceedings.
Court's Findings of Facts, Conclusions of Law, and Interim Decision of Liability, pdf
March 2010 - Santa Fe Natural Tobacco Company agrees to use disclaimers in advertisements for organic tobacco.
Effective March 1, 2010, Santa Fe Natural Tobacco agreed to add disclaimers to all of its advertisements for cigarettes or roll your own tobacco which use organic tobacco. California negotiated a voluntary agreement with Santa Fe which was signed by 33 states and the District of Columbia. The states were concerned that consumers would be misled by Santa Fe's advertisements for its Natural American Spirit organic tobacco in violation of the Master Settlement Agreement and consumer protection laws. Consumers reading the ads which say "organic tobacco" or "100% tobacco" may believe that the tobacco or the cigarettes are safer when there is no evidence that is the case. Santa Fe agreed to add a disclaimer to all of their organic tobacco ads which states in a large clear box that "organic tobacco does not mean safer tobacco." The Agreement is attached.
Brand Name Sponsorship
Section III(c)(2)(A) of the MSA limits Participating Manufacturers to one Brand Name Sponsorship in any 12 month period. Section II(j) of the MSA broadly defines a Brand Name Sponsorship as "an athletic, musical, artistic, or other social or cultural event as to which payment is made (or other consideration is provided) in exchange for use of a Brand Name or Names" either as a part of the name of the event, or to promote the event or an entrant, participant or team in the event. A single Brand Name Sponsorship may consist of multiple events. For example, a Participating Manufacturer may sponsor one national or multi-state series or tour (such as a car-racing series or tour) which is made up of more than one event, but still constitutes only one Brand Name Sponsorship. (See MSA §II(j).) Additionally, the MSA allows Participating Manufacturers to sponsor one entrant, participant or team in any event that is part of its Brand Name Sponsorship. (MSA §II(j).) Events in "Adult-Only Facilities" are not considered Brand Name Sponsorships. (MSA §II(j) & (c).) There are also restrictions on the events which may be sponsored. For example, Participating Manufacturers may not sponsor events for which the audience is comprised of a "significant percentage" of Youth, or events in which" paid participants" or "contestants" are Youth. (See MSA § III(c)(1)(A-D).) There are also restrictions on advertising done in connection with Brand Name Sponsorship such as a ban on combining advertisement of Tobacco Products with advertisement of the Brand Name Sponsorship. (See MSA §III(c)(3)
February 2009 - U.S. Smokeless Tobacco Company agrees to stop promoting Copenhagen brand at more than one professional bull riding tour.
The San Diego Superior Court entered a stipulated judgment settling California's dispute with U.S. Smokeless Tobacco Company related to the promotion of its Copenhagen brand name through multiple Professional Bull Riders ("PBR") series and tours. USSTC agreed to limit its Copenhagen brand name sponsorship to Built Ford Tough series events in California. In addition, it agreed that at those Built Ford Tough events, it will sponsor no more than three bull riders in its Copenhagen brand name. Should Copenhagen-sponsored bull riders compete in other PBR series or tour events in California, they will not wear any Copenhagen branded clothing.
August 2007 - California settles suit with U.S. Smokeless Tobacco Co. for promoting the Skoal brand name at National Hot Rod Association drag races.
The California Attorney General's Office has reached a settlement with U.S. Smokeless Tobacco Company (USSTC). The settlement, which was approved by the San Diego Superior Court on August 17, resolves California's lawsuit alleging that USSTC violated the landmark 1998 Smokeless Tobacco Master Settlement Agreement by, among other things, promoting its Skoal brand name through sponsorship of National Hot Rod Association (NHRA) drag racing events at which minors compete. Central to the settlement was the NHRA's recent decision to change its official rules starting in 2008 so that persons under 18 can no longer compete in any race at the national events Skoal sponsors. USSTC, without admitting any liability, agreed to pay $1.5 million in costs to the state, and further agreed to withdraw its brand name sponsorship of national events if at any time the NHRA changes it rules to again permit minors to race. Finally, USSTC has agreed never to expand its brand name sponsorship beyond the one series, one competition and one car that it now sponsors.
March 2003 - Supreme Court denies R.J. Reynolds' request for review of case involving outdoor advertising restrictions.
The California Supreme Court denied R.J. Reynolds's request for review of the March 2003 Court of Appeal's decision in a case involving outdoor advertising restrictions imposed by MSA. The lower court decision is now final. The company may not post billboards or other signs advertising its Winston sponsorships at auto race tracks more than 90 days before and 10 days after a sponsored event at the site. People of the State of California v. R.J. Reynolds Tobacco Co. (2003) 107 Cal.App.4th 516, 132 Cal. Rptr. 2d. 151.
July 2002 - California reaches agreement with Smokeless Tobacco Company regarding adult only facilities, free sampling restrictions, and inappropriate usage of signage.
The Attorney General entered into a Memorandum of Understanding with U.S. Smokeless Tobacco Company ("USSTC"). The agreement resolves some disputes with USSTC about its compliance with the 1998 Smokeless Tobacco Master Settlement Agreement, relating to the configuration of Adult-Only Facilities (AOFs) (where USSTC gives away free samples) and the Brand Name signs that USSTC uses to identify its AOFs. In May 2002 the Tobacco Enforcement Committee of the National Association of Attorneys General reviewed and endorsed the MOU. The MOU requires USSTC, within 120 days, to enclose all its AOFs in California with an opaque barrier that is at least six feet high, and to instruct its security personnel to discourage people from loitering around the entrances and exits. This part of the agreement implements the provision of the MSA which defines an AOF as a place where persons under the age of 18 are "not present." The agreement also spells out how USSTC may identify its AOFs by using a Brand Name, such as Copenhagen, Skoal, or Rooster, under a limited exception to the MSA's general ban on outdoor advertising of tobacco products.
Memorandum of Understanding Concerning Adult-Only Facilities, pdf
November 2001 - Court rules against R.J. Reynolds for advertising at outdoor sporting events.
The court rules in telephonic ruling against R.J. Reynolds in the Outdoor Advertising at Sporting Events case.
December 2001 - California wins favorable court ruling against R.J. Reynolds Tobacco Company.
The Office of the Attorney General Wins Major Court Ruling Against R.J. Reynolds Tobacco Company Violates Restrictions on Outdoor Advertising at Sporting Events.
March 2001 - Attorney General files suit preventing use of outdoor advertisements at racetracks.
The Office of the Attorney General files its complaint in the matter People of the State of California ex rel. Bill Lockyer, Attorney General of the State of California, v. R.J. Reynolds Tobacco Company regarding Outdoor Advertisements at Racetracks.
Complaint for Enforcement of Master Settlement Agreement, pdf
May 2000 - California reaches settlement agreement with R.J. Reynolds.
The Office of the Attorney General entered into a Settlement Agreement with R.J. Reynolds concerning activities at Brand Name Sponsorship Events.
Free Sampling
Cal. Health and Safety Code section 118950 prohibits, with some specific exceptions, the "non-sale" (that is, free or at nominal cost) distribution of cigarettes or smokeless tobacco on any publicly owned or leased property or on any private property that is open to the general public, except in an enclosed, adult-only area.
Section III (g) of the MSA provides that "no Participating Manufacturer may . . . distribute or cause to be distributed any free samples of Tobacco Products except in an Adult Only Facility. For purposes of this Agreement, a "free sample" does not include a Tobacco Product that is provided to an Adult in connection with (1) the purchase, exchange or redemption for proof of purchase of any Tobacco Products (including, but not limited to, a free offer in connection with the purchase of Tobacco Products, such as a "two for one" offer), or (2) the conducting of consumer testing or evaluation of Tobacco Products with persons who certify that they are Adults."
The Consent Decree and Final Judgment has an identical provision in section V. E.
May 2006 - R.J. Reynolds Tobacco Company to pay $5 million to settle free-sampling lawsuit.
The Office of the Attorney General announced R.J. Reynolds Tobacco Company (RJR) will pay $5 million to resolve a lawsuit in which the California Supreme Court, last December, found RJR liable for violating state law when it distributed 108,155 free packs of cigarettes on public grounds. Under the settlement, RJR will pay $1 million to the Public Health Institute, a nonprofit organization that administers the Public Health Trust and will use the money to fund tobacco control advocacy and education programs. Additionally, RJR will pay a $3.1 million civil penalty, and $900,000 to cover the Attorney General's cost and fees. The settlement was filed today in Los Angeles County Superior Court. The court must approve the settlement before it becomes final.
Settlement agreement, pdf. and Office of the Attorney General Press Release
December 2005 - California Supreme Court finds R.J. Reynolds liable for violating state free-sampling ban.
In a unanimous decision, the Supreme Court upheld the constitutionality of the state's ban on cigarette and smokeless tobacco giveaways on public property. The Court rejected Reynolds' argument that the ban was preempted by federal law. But, the Court sent the case back to the trial court for further proceedings regarding the size of the fine Reynolds would pay.
March 2004 - Court orders R.J. Reynolds to pay settlement fee to help fund projects for tobacco control advocacy for California youth and young adult.
The Court approves a settlement of claims against R.J. Reynolds and its marketing agent for distributing free cigarettes in violation of tobacco Master Settlement Agreement and California law. Court order requires payment of $60,000 to fund projects to support youth and young adult tobacco control advocacy in California.
Stipulation for Order and Order for Entry of Final Judgment, pdf.
October 2003 - Court of Appeal upholds $14.8 million judgment against tobacco giant, R.J. Reynolds Tobacco Company.
The Court upholds trial court decision that R.J. Reynolds violated California's tobacco sampling law. Confirms $14.8 million civil penalty against R.J. Reynolds.
May 2002 - $14.8 million fine ordered against R.J. Reynolds Tobacco Company.
The Attorney General announces that the superior court has ordered R.J. Reynolds to pay $14.8 Million Fine.
January 2001 - Settlement reached over free cigarette mailings.
The Attorney General Reaches a Settlement with R.J. Reynolds over Free Cigarette Mailings. Reynolds Agrees to Further Protect Against Marketing to Children.
Settlement Agreement, pdf, and Order Approving Settlement Agreement, pdf
June 2001 - Final Judgment and permanent injunction ordered against Swedish Match North America, Inc.
In the matter People of the State of California ex rel. Bill Lockyer, Attorney General of the State of California v. Swedish Match North America Inc. regarding Free Smokeless Tobacco Sampling on Public Property in California, a Stipulation for Order and Order for Entry of Final Judgment and Permanent Injunction was executed by Judge Robert B. Yonts Jr. on June 27, 2001.
December 2000 - California reaches settlement agreement with United States Tobacco Company.
The Office of the Attorney General Reaches Settlement with United States Tobacco Company over Alleged Advertisement Violations, U.S. Tobacco Agreed to Run Anti-Tobacco-Use Ads.
August 2000 - Settlement Agreement Between California Attorney General's Office and US Tobacco concerning Smokeless Tobacco Advertisements, pdf
Anti-Tobacco-Use Advertisement that US Tobacco Company agreed to Run as Part of Their Settlement With the Attorney General's Office Over Smokeless Ads
Electronic Cigarettes
Electronic cigarettes are battery powered devices designed to look and feel like regular cigarettes, but they emit water vapor rather than smoke. The cartridges contain liquid nicotine and various flavors. Known as e-cigarettes or e-cigs, the products have become popular in the past couple of years. The U.S. Food and Drug Administration consider e-cigarettes "drugs or devices" and claims the products must be approved by the FDA before they can be sold in the U.S. To date, no e-cigarettes have been approved by the FDA. Preliminary tests by the FDA found that e-cigarettes contain many impurities and some contain dangerous chemicals. FDA's jurisdiction to regulate e-cigarettes is in litigation, however. E-cigarettes are not governed by the Master Settlement Agreement or by many of California's tobacco laws.
The California Attorney General's Office is concerned that e-cigarettes are being sold in the state without appropriate quality control and with many false or misleading claims about their safety or effectiveness. Many are also in violation of California's Proposition 65 which requires health warnings about dangerous chemicals.
California passed a statute prohibiting the sale of electronic cigarettes to minors. (Health & Safety Code § 119405). The office is investigating a number of electronic cigarette companies selling e-cigarette products on the Internet to ensure compliance with the statute as well as other consumer protection provisions. Many companies are coming into compliance voluntarily.
January 2010 AG Sues Smoking Everywhere; November 2010 Settlement with Smoking Everywhere approved by Court.
In January 2010, The Attorney General sued Smoking Everywhere, one of the largest electronic cigarette retailers in the U.S., alleging it made false claims about its products, failed to warn consumers of dangerous reproductive toxins, marketed to minors and failed to have adequate quality control in place to protect consumers. The Attorney General's office settled its lawsuit against Smoking Everywhere in the fall, and in November 2010, the Alameda County Superior Court entered a consent judgment against Smoking Everywhere very similar to the agreement reached with Sottera. Smoking Everywhere agreed to make their web sites age-restricted so that they will not sell any electronic cigarette products to minors, and not to sell flavors attractive to young people. Smoking Everywhere also agreed to stop making false or misleading claims concerning the safety or effectiveness of their products. They agreed to put systems for quality control in place and to place warnings on their products in compliance with Proposition 65, warning consumers that their electronic cigarettes contain a toxin which could cause reproductive harm. Finally, the company agreed to pay to the state monetary penalties, attorneys' fees and costs.
People v. Smoking Everywhere, pdf
People v. Smoking Everywhere Complaint and
People v. Smoking Everywhere Stipulated Consent Judgment, pdf.
August 2010 – Attorney General settles claims against Sottera.
The Alameda County Superior Court has entered a consent judgment against Sottera, the company that sells NJoy electronic cigarettes. Sottera agreed to make their websites age-restricted so that they will not sell any electronic cigarette products to minors, and not to sell flavors attractive to young people. Sottera also agreed to stop making false or misleading claims concerning the safety or effectiveness of their products. They agreed to put systems for quality control in place and to place warnings on their products in compliance with Proposition 65, warning consumers that their electronic cigarettes contain a toxin which could cause reproductive harm. Finally, the company agreed to pay to the state monetary penalties, attorneys' fees and costs.
Settlement agreement, pdf and Soterra settlement press release.
Responsible Tobacco Retailing -- Preventing Sales to Minors
The State of California is dedicated to reducing youth access to tobacco products by ensuring that retailers comply with state laws concerning the sale and marketing of tobacco products. The Attorney General has entered into agreements (Assurances of Voluntary Compliance or AVCs) with numerous national retail chains whereby the company agrees to adopt certain standards and practices for their sale and marketing of tobacco products to help reduce the number of tobacco sales to minors.
The AVCs are the result of an ongoing, multi-state enforcement effort among state attorneys general. The agreements incorporate "best practices" to reduce sales to minors, developed by the attorneys general in consultation with retailers, researchers, and state tobacco control officials.
While the terms of each agreement vary depending upon circumstances unique to the chain, the agreements generally contain the following requirements:
Companies agree to:
- Train employees on state and local laws and company policies prohibiting tobacco sales to minors, including explaining the health-related reasons for laws that restrict youth access to tobacco;
- Check the ID of any person purchasing tobacco products when the person appears to be under the age of 27, and accept only valid government-issued photo ID as proof of age;
- Use cash registers programmed to prompt ID checks on all tobacco sales;
- Prohibit self-service displays of tobacco products, the use of vending machines to sell tobacco products and the distribution of free samples;
- Prohibit the sale of smoking paraphernalia to minors;
- Hire an independent entity to conduct unannounced and random compliance checks;
- Limit tobacco advertising to product display areas and to brand names, logos, and prices; and
- Take various steps to promote responsible tobacco retailing by the company's franchisees.
The Attorney General has entered into 13 multi-state agreements on behalf of the State of California, with 7-Eleven, ARCO, BP North America, Chevron, ConocoPhillips, CVS, ExxonMobil, Kroger, Rite-Aid, Shell, Valero, Wal-Mart, and Walgreens, and a litigation settlement agreement with Safeway. Nationwide, these agreements cover over 100,000 retail outlets at which cigarettes are sold. Our office has taken the lead in the negotiations resulting in each of these agreements. Please look below for details and copies of the agreements.
More information about retail tobacco sales and preventing illegal sales to minors can be found on these web sites:
California Tobacco Control Program, Retailer Information Page:
California Department of Public Health, Stop Tobacco Access to Kids Enforcement (STAKE) Page:
U.S. Food and Drug Administration, Center for Tobacco Products Page:
Campaign for Tobacco Free Kids Page: http://www.tobaccofreekids.org/
- July 2011 - Attorneys General reach agreement with Circle K Stores, Inc. and Mac's Convenience Stores, LLC, to adopt new procedures to reduce tobacco sales to minors.
April 2010 — Valero Retail Holdings, Inc. and Valero Marketing Supply Co. agree to adopt new procedures concerning the sale and marketing of tobacco products.
The Attorney General has joined 38 other attorneys general in an agreement with Valero concerning the sale and marketing of tobacco products. Valero has agreed to adopt comprehensive training for its retail personnel, including instruction on the health risks associated with childhood tobacco use, compliance checks to monitor sales practices, policies on checking IDs and in-store advertising, and supervision of store conduct concerning sales to minors. Valero does not own and operate the convenience stores at many of the more than 900 Valero gas stations in California, but it has agreed to adopt tobacco retailing "best practices" designed to reduce tobacco sales to minors at all of its outlets.
Assurance of Voluntary Compliance, pdf and Office of the Attorney General Press Release
- September 2008 - Attorney Generals reach agreement with Motiva Enterprises, LLC and Shell Oil Products US to adopt new procedures to reduce tobacco sales to minors.
October 2007 - Attorney General reaches agreement with Kroger, the nation's largest grocery chain and convenience stores.
The Attorney General joined 41 other attorneys general in an agreement with Kroger, the nation's largest grocery chain with 2,468 supermarkets in 31 states under two dozen banners and 779 convenience stores in 15 states under 5 banners. All but 92 of the convenience stores are company-owned. Nearly 500 Kroger stores are operating in California under the Ralph's, Food 4 Less, Foods Co., and Quik Stop names. The agreement requires Kroger to implement comprehensive youth prevention tobacco retailing practices in its company-owned stores. The company will also take a number of steps to prevent youth access to tobacco in its franchise outlets.
- June 2006 - Chevron Products Company agrees to adopt new procedures to reduce sales of tobacco products to minors at its stores across the country, under an agreement reached with California and 27 other states.
February 2006 – CVS Pharmacy, Inc., the nation's largest retail pharmacy, adopts new procedures to reduce tobacco sales to minors.
CVS Pharmacy, Inc., the nation's largest retail pharmacy, agreed to adopt new procedures to reduce sales of tobacco products to minors at its 5,400 stores across the country, under an agreement reached with California, 42 other states and Washington D.C. CVS operates 5,400 pharmacies in 37 states and Washington D.C., including 21 stores in California. Attorneys General in six states without CVS outlets signed the agreement. If the company opens pharmacies in those jurisdictions, the outlets will be covered by the agreement.
- December 2005 - Attorney Generals reach agreement with ConocoPhillips Co. to adopt new procedures to reduce tobacco sales to minors.
August 2005 - California reaches agreement with 7-Eleven to reduce tobacco sales to minors.
The Office of the Attorney General announced an agreement with 7-Eleven, Inc. under which the nation's largest retailer of tobacco products will implement new procedures to reduce such sales to minors at its 1,224 California stores, and 4,633 outlets in 30 other states and Washington D.C. Among other provisions, the 7-Eleven AVC restricts marketing by prohibiting in-store advertising of tobacco products adjacent to products popular with minors, and banning within 500 feet of schools or playgrounds outdoor tobacco ads and outward-facing tobacco ads in store windows. The provisions of the 7-Eleven AVC apply to all company-owned stores. The agreement, however, calls for 7-Eleven to take steps to ensure its franchisees comply both with the AVC and state laws governing the sale of tobacco products.
Assurance of Voluntary Compliance, pdf and Office of the Attorney General Press Release
- December 2004 - The Attorney General and the City of Los Angeles enter into a Stipulated Final Judgment with Safeway, Inc. to adopt new procedures for personnel practices relating to the sale of tobacco to minors, tobacco retailing practices and policies and compliance checks regarding the sale of tobacco products.
- September 2004 - Attorney Generals reach agreement with Rite Aid Corporation to adopt new procedures for training in selling tobacco products and to reduce tobacco sales to minors.
February 2004 - California praises its new state campaign to combat tobacco sales to minors.
The Office of the Attorney General Praises New State Campaign to Combat Tobacco Sales to Children; Cites His Office's Success in Curbing Retailer Sales, Fighting Industry Practices.
September 2003 - Attorney General reaches settlement with Wal-Mart to stop sales to minors.
Attorney General announces agreement to curb tobacco sales to minors in Wal-Mart Stores. Youth Smoking Deals Now Cover Top Retailer, Drug Store and Oil Company.
Assurance of Voluntary Compliance, pdf Office of the Attorney Press Release
July 2003 - California announces deal with ARCO Stations.
Office of the Attorney General announces Agreement to Curb Tobacco Sales to Minors at ARCO Stations Deal Reduces Youth Access to Cigarettes at 1,250 Retail Outlets in California.
Assurance of Voluntary Compliance, pdf and Office of the Attorney Press Release
August 2002 - California reaches agreement with ExxonMobil.
Attorney General Announces Agreement with Exxon Mobil to Curb Tobacco Sales to Minors Calls Agreement Important Model for Retailers in Fight Against Underage Smoking. View the ExxonMobil Corporation Assurance and Press Release.
ExxonMobil Corporation Assurance, pdf Office of the Attorney General Press Release
February 2002 - California reaches agreement with Walgreens to stop selling to minors.
Attorney General Announces Agreement With Walgreens to Curb Tobacco Sales to Minors Calls Drug Store Chain's Policy a National Model in Fight Against Underage Smoking.
Assurance of Voluntary Compliance, pdf Office of the Attorney General Press Release
July 2002 - California wants "Tobacco Candy" project regulated.
The Office of the Attorney General Calls on FDA to Regulate New "Tobacco Candy" Product.
Internet Tobacco Sales
The Attorney General enforces two state laws that prohibit the sale of cigarettes by "remote" means, that is, whenever the seller and the buyer are not face-to-face, as in a retail store. Remote sales include sales made via the Internet, as well as telephone and mail orders. However, a person may sell cigarettes remotely if the person complies with certain conditions specified in the law.
Section 22963 of the Business and Professions Code is primarily directed at preventing the sale of cigarettes and tobacco products to minors. This law requires a "remote" seller to verify that every customer is at least 18 years old by either matching the customer's name, address and date of birth to a database of government records or by requiring the customer to attest in writing that he or she is at least 18 years old and provide a copy of a government-issued identification, such as a driver's license or passport. In addition, the seller may not fill an order for less than two cartons of cigarettes; he must contact the purchaser by phone after 5:00 p.m. to confirm the order; and he must deliver the cigarettes or tobacco to a verified mailing address, not a Post Office box.
Section 30101.7 of the Revenue and Taxation Code is primarily directed at making sure applicable state taxes are paid on cigarettes sold by "remote" means. This law requires a "remote" seller to fully comply with the Jenkins Act, which is a federal law that mandates anyone who ships cigarettes from out of state to a consumer in California to report the sale to the California Board of Equalization. (The Board collects the taxes owed from the purchasers.) In addition, the seller must either pay the state excise tax on the cigarettes (currently $8.70 per carton) or put a notice on the outside of the shipping package that says:
June 2012 - California and 39 states sign onto Amicus Brief re PACT Act.
CA, 39 states and the District of Columbia signed onto an amicus brief in support of the United States as Appellant/Cross-Appellee in Gordon v. Holder,__F. Supp. 2d__, 2011 U.S. Dist. LEXIS 139201 (D.D.C. Dec. 5, 2011). Cross appeals arose out of constitutional challenges to the Prevent All Cigarettes Trafficking (PACT) Act, Pub.L. No.111-154, 124 Stat. 1087 (2010). On due process grounds, the district court enjoined the portion of the PACT Act that requires internet and other remote cigarette sellers to comply with the laws of the jurisdiction to which they deliver their products, including tax laws. The district court upheld the Act against an equal protection challenge to the portion of the Act that declares cigarettes and smokeless tobacco to be non-mailable, and a Tenth Amendment challenge, from which plaintiff cross-appeals.
CA also signed onto an amicus brief in Red Earth LLC, 728 F. Supp. 2d 238 (W.D.N.Y.) 2010, involving virtually identical legal issues as those in Gordon v. Holder.
September 2009 - Attorney General enters into a stipulated judgment with the Hemi Group.
The Attorney General entered into a Stipulated Judgment with the Hemi Group, a retailer selling cigarettes illegally over the Internet. The purpose of this Stipulated Judgment is to require the Hemi to permanently cease and desist from shipping tobacco products via the Internet to consumers, unlicensed distributors, wholesalers and tribal entities located in California in violation of the following statutes: (1) The Jenkins Act, 15 U.S.C. §§ 375-378 (requires out-of-state seller to report shipments of cigarettes to taxing entity in the state where shipped); (2) Revenue and Taxation Code section 30101.7 (requires cigarette seller to either pay all applicable cigarette taxes or, alternatively, place specified warning on outside of cigarette container advising that buyer must pay taxes); (3) Business and Professions Code section 22963 (prohibiting non-face-to-face tobacco sales to minors; and (4) Business and Professions Code § 17200 (unlawful business practices). Additionally, Hemi is required to produce information concerning shipments made since January 1, 2005, constituting over 100,000 illegal transactions.
August 2008 through January 2009 - Attorney General enters into assurances of discontinuance with a California bank and a California third party processor.
The Attorney General, along with two other states, entered into Assurances of Discontinuance with First Regional Bank and ECHO, a third party processor. Both companies agreed to stop facilitating illegal tobacco sales and implement "due diligence" policies, such as conducting background checks and obtaining basic information about retailers, and training their employees so that the companies do not inadvertently facilitate illegal Internet sales. These companies were suspected of facilitating hundreds of thousands of illegal tobacco sales. Under the terms of the agreement with First Regional, the bank is required to pay $60,000 for civil penalties and fees and costs.
June 2008 - Attorney General sues Internet cigarette seller, Scott Maybee, for selling cigarettes illegally over the Internet and by mail order to California consumers.
The CA AGO filed a Complaint against Maybee, a member of the New York Seneca Tribe, in 2005 seeking injunctive relief and civil penalties contending that Maybee engaged in at least 166,716 transactions with California consumers in which he violated Rev & Tax §30165.1 (tobacco directory law), Health 7 Saf. §14951(fire-safe cigarettes), Bus. & Prof. Code § 22963, and Rev. & Tax 30101.7 (California's two remote cigarette sales laws), and Bus. & Prof. Code § 17200.
Maybee admitted that he violated the above statutes but contended that California was preempted from enforcing its regulatory statutes against him for the following reasons: (1) he possesses, offers and sells cigarettes outside of California, (2) the Indian Commerce Clause preempts application of these laws from an out-of-state tobacco seller that sells and ships cigarettes from an out-of-state Indian Reservation, and (3) these statutes discriminate against out-of-state sellers such as Maybee, and therefore violate the Dormant Commerce Clause. In addition to these constitutional defenses, Maybee claimed that pursuant to Commercial Code § 2401(2)(a) title to the cigarettes passed from Maybee to the California consumers when Maybee delivered the goods to the Post Office. Therefore, according to Maybee, his cigarette sales did not take place in California.
We contended that Maybee's defenses were baseless because: (1) the conduct that California seeks to regulate extends beyond the boundaries of the Seneca Reservation into California, and therefore California law applies, (2) Even assuming that Maybee's cigarette sales occurred within the boundaries of the Seneca Reservation, California's laws are not preempted because no federal law or policy preempts California's regulatory authority, California's regulations do not infringe on the Seneca's Tribal sovereignty and California has a substantial interest in regulating the health and safety of its citizens by means of non-discriminatory tobacco laws that impose a minimal burden on the tribe, and (3) the Commercial Code is not applicable to regulatory statutes enacted pursuant to the state's police powers.
After Maybee brought and lost his motion to dismiss the Complaint based on the court's lack of subject matter jurisdiction, both parties filed cross-motions for summary judgment, and we filed an alternative motion for summary adjudication. After four hearings on the matter the court denied both parties' motions for summary judgment and granted our motion for summary adjudication on three causes of action—Bus. & Prof. Code §§22963 and 17200, and Rev. & Tax Code § 30101.7. The court denied our tobacco directory and fire-safe claims. The court enjoined defendants from violating sections 22963, 30101.7 and 17200 and awarded civil penalties in the amount of $130,000. The court also awarded the CA AGO $7,679.11 in costs pursuant to our memorandum of costs. Neither side appealed the judgment. The CA AGO filed a motion for attorneys' fees and costs including investigative costs and the costs of prosecuting the action, including expert fees. The court awarded California $242,868.00 in attorneys' fees and denied California's request for expert fees and additional costs that we had requested pursuant to Code of Civ. Proc. Section 1021.8.
January 2006 - Tobacco manufacturer adopts protocols to reduce illegal sales of cigarettes over the Internet and through the mail.
Philip Morris USA agreed to implement landmark protocols to reduce the illegal sale of its cigarettes over the Internet and through the mail. Philip Morris voluntarily adopted the protocols pursuant to an agreement reached with the Office of the Attorney General and Attorneys General in 32 other states, Washington D.C. and three territories. Under the protocols, Philip Morris will terminate shipments of cigarettes to any of its direct customers that Attorneys General have found to be engaging in illegal Internet and mail order sales; reduce the amount of products made available to direct customers found by the Attorneys General to be engaged in the illegal resale of Philip Morris cigarettes to Internet vendors; and suspend from the company's incentive programs any retailer found by the Attorneys General to be engaging in such illegal sales.
January 2004 through December 2005 - Attorney General enters into stipulated judgments with five Internet tobacco sellers and obtains a default judgment on the sixth retailer.
In 2004 and 2004 the Attorney General entered into stipulated judgments with five retailers, Dirt Cheap Cigarettes, eSmokes, Inc., Cyco.net, Inc., and eCommerce Today, Ltd., selling cigarettes illegally over the Internet to hundreds of thousands of California consumers. These Internet retailers agreed not to do business in California and to pay penalties, costs, and attorneys' fees totaling more than $ 1 million. Additionally, the two biggest retailers, Dirt Cheap Cigarettes and eSmokes agreed file reports with the California Board of Equalization providing the Board with information concerning approximately 350,000 California customers who purchased their cigarettes since January 1, 2000. Those records will provide the Board with the necessary information to attempt to collect the more than $11.5 million in taxes owed to the State of California from those customers. The Attorney General also obtained a $4.3 default judgment, plus attorneys' fees and costs against the remaining Internet cigarette seller, Smokin4Less. The Attorney General filed lawsuits against these 6 retailers in April, 2003, charging them with unfair and deceptive business practices, and California's two non-face-to-face statutes enacted to prohibit Internet cigarette sales to children and to prevent tax evasion.
eSmokes, Inc. Stipulated Final Judgment and Permanent Injunction dated January 3, 2005, pdf,
LLP Enterprises Stipulation for Entry of of Final Judgment dated May 7, 2004, pdf,
Dirtcheapcig.com Stipulated Consent Judgment and Permanent Injunction dated September 17, 2004, pdf, and
E-Commerce Today Stipulated Final Judgment and Permanent Injunction dated April 21, 2004, pdf.
Defending the Master Settlement Agreement
September 2007 - Ninth Circuit rejects antitrust challenge to the MSA in Sanders v. Brown.
In a unanimous, published decision issued on September 26, 2007, the U.S. Court of Appeals for the Ninth Circuit upheld a U.S. District's Court's dismissal of a case brought by Steve Sanders on behalf of all California smokers. Sanders alleged that the 1998 tobacco Master Settlement Agreement created a cartel of the major U.S. cigarette makers, allowing them to charge "supra competitive" prices for their product. The appellate court concluded that Sanders had not alleged sufficient facts to show that the MSA and two related state laws violated the federal Sherman Act. The court also held that the state Attorney General and the tobacco company defendants are immune from liability under the Sherman Act because the MSA is a litigation settlement that was approved by a state court and the two state laws are acts of the state legislature.
Enforcing Master Settlement Agreement Payments
- 2013 - California recovers $375 million in disputed MSA settlement payments. In April 2013 California received over $373 million and in October 2013 California received $2.3 million pursuant to a multi-state settlement of a major dispute arising under the Master Settlement Agreement. The dispute involved the Non-Participating Manufacturer Adjustment, which allows Participating Manufacturers to reduce their MSA settlement payments to any State that does not diligently enforce a state escrow law applicable to Non-Participating Manufacturers and other conditions exist. The settlement resolves NPM Adjustment disputes for sales that occurred between 2003-2014. Pursuant to a long-standing side agreement, one half of the settlement funds were disbursed to local government. The settlement Term Sheet and spreadsheet showing the amount disbursed to each county and eligible city can be viewed by clicking on The Settlement Term Sheet and Settlement Payment Spreadsheet ,pdf
December 2006 - Attorney General wins $55.4 million settlement against Danish cigarette maker.
In People v. House of Prince, San Diego Superior Court, the Attorney General announced a $55.4 million settlement of this MSA enforcement action against a Danish cigarette maker. Despite the fact that the MSA's terms apply to entities that act "in concert or participation with" MSA signatories, like House of Prince, billions of cigarettes manufactured by a Latvian subsidiary and later affiliate of House of Prince were sold in the U.S. without the required MSA payments being made. The cigarettes, which were sold by two U.S. importers, counted as non-participating manufacturer (NPM) cigarettes and, as such, contributed to the market share lost by participating manufacturers in 2000 to 2003 and the resulting NPM adjustment to MSA payments. We won a significant procedural victory in 2004, when the 4th DCA affirmed, in a published decision, that the trial court had properly denied House of Prince's motion to refer the dispute to arbitration. California's share of the settlement is $7.15 million and includes $309,000 as reimbursement for our attorneys' fees and costs. Find a complete listing of payments received by State and local Governments.
Defending Proposition 99
May 10, 2004 - 9th Circuit upholds lower court decision dismissing tobacco companies' challenge to state's anti-industry ads.
With one judge dissenting, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit concluded that the state media campaign did not violate the companies' rights under the First, Fifth and Seventh Amendments to the U.S. Constitution by using cigarette taxes to pay for ads that put the tobacco industry in an unflattering light. (The 9th Circuit later denied a rehearing in the case, and the U.S. Supreme Court declined to review the decision.)
July 2003 - Court dismisses lawsuits filed by tobacco giants, R.J. Reynolds and Lorillard.
The Federal court dismisses lawsuit filed by tobacco giants R. J. Reynolds and Lorillard which challenged constitutionality of California tobacco education media campaign. Using tobacco excise taxes to fund tobacco control media campaign does not violate companies' rights to freedom of speech, fair jury, and due process. R.J. Reynolds Tobacco Company and Lorillard Tobacco Company v. Diana M. Bonta, Director of the California Department of Health Services and Dileep G. Bal, Acting Chief of the Tobacco Control Section of the California Department of Health Services Case No. CIV S-03-659 LK/GHH
Court's Decision dated July 22, 2003, pdf,
Court's Decision dated July 23, 2003, pdf.
Little Cigars
March 2007 - Comments filed by States on proposed federal regulations governing tax classifications for cigars and cigarettes.
The California Attorney General's Office and the attorneys general of 38 other states and the District of Columbia filed comments on proposed federal regulations governing the tax classification of cigars and cigarettes. Last May the states petitioned the federal government to close a regulatory loophole that has increased youth and adult smoking of "brown" cigarettes. The petition points out a regulatory loophole that allows manufacturers to evade marketing restrictions and higher taxes applying to cigarettes. In proposed regulations, the federal Alcohol and Tobacco Tax and Trade Bureau proposes revised definitions for cigars and cigarettes to ensure that mislabeled "little cigars" –which are actually cigarettes wrapped in brown paper—are classified, taxed and priced as cigarettes.
Comments to TTB Notice No. 65, Tax Classification of Cigars and Cigarettes (2006R-276P), pdf
May 2006 - States file petition asking the federal Alcohol Tobacco Tax and Trade Bureau for clarification of the definitions of cigars, cigarettes and little cigars.
The Office of the Attorney General and 38 other state attorneys general have petitioned the federal government to close a regulatory loophole that has increased youth and adult smoking of cigarettes disguised as "little cigars." The petition announced May 16 notes that the regulatory loophole allows manufacturers to evade marketing restrictions and higher taxes that apply to cigarettes. The federal Alcohol Tobacco Tax and Trade Bureau (TTB) is being asked to adopt rules revising the definitions of cigars and cigarettes to ensure that "little cigars" – which actually are cigarettes wrapped in brown paper – are classified, taxed and priced as cigarettes.
Office of the Attorney General Press Release and Petition for Rulemaking, pdf.
Youth Access to Alcohol
The Attorney General's office has been actively involved in issues concerning youth access to alcohol since the formation in 2005 of the Youth Access to Alcohol Committee of the National Association of Attorneys General. We negotiated a commitment from Beam Global in 2007 to adopt standards to limit youth exposure to its alcohol advertising, which standards were endorsed by other manufacturers and the National Alcohol Beverage Control Association (NABCA). Working with our colleagues in other states, in 2008 we helped lead a multi-state effort that resulted in Assurances of Voluntary Compliance with Anheuser-Busch and with MillerCoors to cease the manufacture and distribution of alcoholic energy drinks. We continue to investigate the marketing of these dangerous products, as well as other flavored malt beverages which research has shown are particularly appealing to underage drinkers and the placement of alcohol advertising that disproportionately exposes youth.
MillerCoors Assurance of Voluntary Compliance and Voluntary Discontinuance, pdf,
Anheuser-Busch, Inc. Assurance of of Voluntary Compliance and Voluntary Discontinuance, pdf
See also the Marin Institute's report on alcoholic energy drinks at:
May 2007 - Beam Global Spirits and Wine, Inc. praised for adopting standards to reduce underage drinking.
The California Attorney General's Office, joined by 36 other attorneys general, praised Beam Global Spirits and Wine, Inc., for adopting new advertising standards intended to reduce exposure to underage persons. Breaking from its competitors, the largest distiller in the U.S., announced that it will make sure that no more than 25% of the audience for any of its TV, radio or print advertisements is under 21 (the current industry standard is 30%) and that no more than 15% of the annual average audience for its TV, radio, and print advertising is underage. Beam's voluntary commitment comes after more than a year of meetings between representatives of Beam and the California Attorney General's Office. Over two years ago the attorneys general called on the alcohol industry to stop overexposing youth to alcohol ads, as the Institute of Medicine had recommended in 2003. In March 2007, acting Surgeon General Kenneth Moritsugu urged the industry to adopt voluntary ad placement standards so as to stop disproportionately exposing youth to ads for alcoholic beverages. In addition, Beam will not introduce or market any flavored malt beverages (sweetened, flavored alcoholic drinks, also known as alcopops, which the AMA and others have found to be particularly popular with teenage girls), will not advertise within 500 feet of schools, playgrounds, or places of worship, will not market its products on college campuses or in connection with Spring Break events, and will adopt enhanced standards for advertising at promotional events and restrictions on brand name merchandise.
Beam Global Spirits & Wine, Inc. Statement of Voluntary Principles, pdf
September 2002 - Study claims drug, alcohol and tobacco use remains steady among high school students; use of ecstasy also considered.
Attorney General Announces drug, alcohol and tobacco use among high school students remains steady; study measures Ecstasy use for first time.
Youth Targeting
Section III (a) of the MSA provides that "No Participating Manufacturer may take any action, directly or indirectly, to target Youth within any Settling State in the advertising, promotion or marketing of Tobacco Products, or take any action the primary purpose of which is to initiate, maintain or increase the incidence of Youth smoking within any Settling State."
The Consent Decree and Final Judgment has an identical provision in section V. A.
December 2004 – Court approves settlement with RJR Tobacco concerning youth targeting in print advertising.
The San Diego Superior Court approved the settlement of California's litigation against RJR Tobacco Company for unlawfully targeting minors in its print advertising. The settlement resolves claims that RJR's advertising placement practices violated the prohibition against targeting youth in advertising contained in the MSA and accompanying Consent Decree. The settlement requires RJR to refrain from advertising in magazines with high youth readerships and to ensure that its advertising reaches mainly adults. The settlement also requires RJR to report on its advertising placements and to pay $17.25 million in sanctions and attorneys' fees.
March 2004 - Court of Appeal publishes decision against R.J. Reynolds.
The Court of Appeal Published a Decision Affirming Reynolds' Violation of the Prohibition Against Youth Targeting. This decision is the first in the Nation to enforce the Master Settlement Agreement's Prohibition Against Youth Targeting.
November 2003 - Attorney General spearheads removal of tobacco ads from magazines in high schools.
Attorney General announces, an agreement to remove tobacco ads from news magazines sent to high schools and middle schools.
June 2002 - Attorney General Praises $20 Million Fine Against R.J. Reynolds for Targeting Minors with Ads.
Office of the Attorney General Press Release and Court's Statement of Decision, pdf
April 2001 - Attorney General demands tobacco giant, Philip Morris, cease distribution of book cover "Think. Don't Smoke" to California schools.
Attorney General sent a letter to Philip Morris U.S.A. regarding the Discontinuation of "Think. Don't Smoke." Book Cover Distribution to California Schools.
April 2001 - Attorney General teams up with Superintendent of Public Instruction to stop book cover campaign "Think. Don't Smoke."
A joint letter from the Office of the Attorney General and Superintendent of Public Instruction Delaine Eastin was sent to California County and District Superintendents Regarding "Think. Don't Smoke" Book Covers from Philip Morris.
March 2001 - California files print advertising lawsuit against number two United States cigarette maker, R.J. Reynolds Tobacco Company.
The office of the Attorney General filed its complaint in the matter People of the State of California ex rel. Bill Lockyer, Attorney General of the State of California, v. R.J. Reynolds Tobacco Company regarding youth targeting through print advertising placement.
Complaint for Enforcement of the Consent Decree and Master Settlement Agreement, pdf
March 26, 2001 - California files its Amicus Curiae Brief in Lorillard Suit.
The Attorney General's Office, in the United States Supreme Court, files its Amicus Curiae Brief for the State of California et al., in Lorillard Tobacco Company v. Reilly. States joined the brief urging the Court to uphold Massachusetts' tobacco regulatory.
Tobacco Directory and Cigarette Fire-Safety Enforcement
Effective January 1, 2004, the Attorney General must create and maintain a directory of tobacco product manufacturers and their cigarette brands that are lawful for sale in California. (Rev. & Tax. Code, § 30165.1.) For any of its brands to be listed on the directory, a manufacturer must certify annually to the Attorney General that it is either a "Participating Manufacturer" under the 1998 Tobacco Master Settlement Agreement or a "Non-Participating Manufacturer" that is in compliance with certain financial responsibility laws applicable to manufacturers choosing not to join the MSA. The directory is posted on the Attorney General's public website.
It is illegal in California to sell or distribute brands of cigarettes and roll-your-own (RYO) tobacco brands that are not listed on the directory. A violation of the tobacco directory law may constitute an unlawful business practice, and violators may be subject to stiff fines. The Attorney General enforces the tobacco directory law throughout the state.
It is also illegal in California to sell cigarettes that do not comply with the product-testing, certification, and package-marking requirements of the Cigarette Fire Safety and Firefighter Protection Act. (Health & Saf. Code, §§ 14950-14960.) The purpose of this law is to prevent fires and the death and destruction they cause. A violation of this law may constitute an unlawful business practice, subjecting violators to monetary penalties. The Attorney General enforces the fire-safe-cigarette law throughout the state.
- January 2015 - Order Granting People's Motion for Summary Adjudication, Denying Defendant's Motion for Summary Judgment, and Entering Permanent Injunction
The Humboldt County Superior Court granted the People's motion for summary adjudication against a tobacco distributor and retailer for the sale of illegal cigarettes. The Court ruled that Defendant Ardith Huber, individually and doing business as Huber Enterprises, had violated several state laws by selling cigarettes that were not listed on the California Tobacco Directory or certified as fire-safe by the State Fire Marshal, and by not collecting state excise tax due on these cigarettes. Defendant claimed various exemptions based on her membership in a federally recognized Indian tribe and the business's location in Indian Country. The trial court rejected Defendant's arguments and permanently enjoined Defendant from selling any untaxed cigarettes that are not listed on the California Tobacco Directory or certified as fire-safe to persons who are not members of the Wiyot Tribe
Order Granting People's Motion for Summary Adjudication, Denying Defendant's Motion for Summary Judgment, and Entering Permanent Injunction, pdf
- April 2014 – Order Granting in Part People's Motion for Summary Adjudication.
The Shasta County Superior Court granted the People's motion for summary adjudication. The court again rejected Defendant's arguments that his membership in a federally recognized Indian tribe and the businesses' location in Indian Country barred the People's suit. The court permanently enjoined Defendant from selling any cigarettes that are not on the State's tobacco directory and certified as fire-safe to non-members of any federally recognized Indian tribe in California. The court will determine the amount of civil penalties that Defendant is liable for during a trial scheduled for July 2014.
Order Granting People's Motion for Summary Adjudication, pdf
In July 2013, the Shasta County Superior Court granted the People's motion for a preliminary injunction against a tobacco retailer prohibiting the sale of contraband cigarettes to the general public. Defendant Darren Rose, with stores in Yreka and Ono, California, was selling to the general public cigarettes that were not lawful for sale in California, untaxed, and not certified as fire-safe. Defendant claimed various exemptions based on his membership in a federally recognized Indian tribe and the businesses' location in Indian Country. The court rejected those arguments and enjoined defendant from selling any cigarettes that are untaxed, unstamped, or not certified as fire-safe to non-members of any federally recognized Indian tribe in California.
Order Granting People's Motion for a Preliminary Injunction, pdf
- November 2013 - Order Granting In Part People's Motion for a Preliminary Injunction
The Humboldt County Superior Court granted in part the Attorney General's motion for a preliminary injunction against a tobacco retailer prohibiting the sale of non-fire-safe cigarettes to the general public. Defendant Ardith Huber, individually and doing business as Huber Enterprises, was selling to the general public cigarettes that were not lawful for sale in California because they were not listed on the California tobacco directory, were not certified as fire-safe, and were untaxed. Defendant claimed various exemptions based on her membership in a federally recognized Indian tribe and the business's location in Indian Country. The trial court found that the Attorney General was likely to prevail on the merits of the case and preliminarily enjoined Defendant from selling any cigarettes that are not certified as fire-safe to persons who are not members of the Wiyot Tribe.
Order Granting People's Motion for a Preliminary Injunction, pdf
In April 2014, the Humboldt County Superior Court granted the People's request for monetary sanctions after determining that Defendant had violated the preliminary injunction by possessing for sale and selling cigarettes not certified as fire-safe to a person who was not a member of Defendant's tribe. The court also granted the People's motion to modify the preliminary injunction on the basis that modification was necessary to prevent future violations. The modified injunction will require Defendant to (1) provide a copy of the injunction to her employees, (2) receive a signed statement from her employees that they have read the injunction and agree to abide by it, and (3) train her employees on how to conduct cigarette sales so as to not violate the injunction.
Order Granting People's Request for Sanctions and Motion to Modify Preliminary Injunction, pdf
[Proposed] Modified Preliminary Injunction, pdf
July 2013 - Riverside Superior Court awards Attorney General almost $500,000 in attorney's fees in Nativebuy case
The court concluded that the Attorney General had prevailed on all claims and is entitled to a fee award based on all hours reasonably expended at prevailing market rates for private attorneys in similar cases.
December 2012 - Riverside Superior Court assesses $5 million penalty against Nativebuy smoke shop
The court found that Nativebuy had sold contraband cigarettes almost 190,000 times before the shop shut down in November 2010. Nativebuy marketed an illegal exemption from state tobacco taxes and sold cigarettes that were not listed on the State Tobacco Directory and had not been certified to the California Fire Marshal as "fire-safe."
November 2012 - Court orders tobacco seller to pay Attorney General's attorneys' fees and costs.
The Riverside County Superior Court awarded $890,391.25 to the Attorney General's Office for attorney and paralegal work, plus the costs of hiring investigators and expert witnesses. Having previously won a $3.5 million judgment and a permanent injunction against Black Hawk Tobacco, Inc., and its owner Frederick McAllister (see July 2012 item, below), the Attorney General is entitled to reasonable attorneys' fees and costs.
Order Granting People's Motion for Attorneys' Fees and Costs, pdf
July 2012 - Court assesses $3.5 million fine and permanently enjoins tobacco seller.
In July 2012, a superior court judge in Indio, Riverside County, granted the Attorney General's motion for summary judgment in this unfair business practices case against a Palm Springs tobacco retailer. The defendants, Black Hawk Tobacco, Inc., and its owner, Frederick McAllister, sold contraband cigarettes (untaxed, off-directory, non-fire-safe-certified brands) in four smoke shops and by mail order until May 2009, when the court preliminarily enjoined them from further illegal sales. That injunction was upheld on appeal in July 2011. Defendants claimed various exemptions based on McAllister's membership in a federally recognized Indian tribe and on the business's location on the Aqua Caliente Indian Reservation. The court rejected those claims, holding that no federal law preempted the state laws we sought to enforce and that state interests outweighed any countervailing federal or tribal interests. The Tribe was supportive of our action. We then sought summary judgment on five causes of action, and the trial court granted the motion in full, awarding over $3.5 million in civil penalties and entering a permanent injunction.
Order Granting Motion for Summary Judgment, pdf,
Final Judgment, pdf, and
Appellate decision upholding preliminary injunction, pdf
February 2011 – California obtains permanent injunction against Cathedral City Ventures, LLC dba 7 Leaf Trading Post.
On February 18, 2011, the California Attorney General's Office entered into a Stipulated Judgment and Permanent Injunction with Cathedral City Ventures, LLC dba 7 Leaf Trading Post. The Court found that Cathedral City Ventures, LLC dba 7 Leaf Trading Post violated the California tobacco directory law, the Cigarette Fire-Safety and Firefighter Protection Act, and the Contraband Cigarette Trafficking Act. The retailer was selling cigarettes that were untaxed, unstamped, and not certified as fire-safe to the general public. If Cathedral City Ventures, LLC dba 7 Leaf Trading Post violates this stipulation, the Court will order penalties of $5,000 for each violation.
Copy of the Stipulated Judgment and Permanent Injunction, pdf
February 2011 - California obtains permanent injunction against Rhonda R. Gasaway and Native Made Tobacco.
On February 14, 2011, the California Attorney General's Office entered into a Stipulated Judgment and Permanent Injunction with Rhonda R. Gasaway, individually and Native Made Tobacco. The Court found that Rhonda R. Gasaway and Native Made Tobacco violated the California tobacco directory law, the Cigarette Fire-Safety and Firefighter Protection Act, and the Contraband Cigarette Trafficking Act. The retailer was selling cigarettes that were untaxed, unstamped, and not certified as fire-safe to the general public. If Rhonda R. Gasaway or Native Made Tobacco violates this stipulation, the Court will order penalties of $5,000 for each violation.
Copy of the Stipulated Judgment and Permanent Injunction, pdf


text:
The anticlimactic Eastern Conference Finals left the fans of Pittsburgh with a plethora of questions. These questions particularly focused on the two major pieces of upcoming free agency, Evgeni Malkin and Kris Letang. With both super star players heading into their final year of contractual status with the Penguins, it became top priority to sign both and work from that point on.
The Malkin Deal
Evgeni Malkin could have been a much richer man had he gone to UFA status or headed back to his native country of Russia, but Malkin insisted on staying in Pittsburgh. Malkin signed an eight year, 76 million dollar extension. His 9.5 million dollar AAV is the highest on the team and r...
The Islanders were very busy at the start of an off-season that forecasted a flurry of movement from GM Garth Snow. On the agenda was signing a number-one goaltender and top-six forward, both of which took place on July 5th. A few other moves were made to help keep the core intact for many years to come, as well as removing another bad apple from the organization (Photo Credit: Official New York Islanders/Flickr).
After signing forward Peter Regin to what is seemingly a depth signing, the Isles quickly looked to fill the void left in the crease.
The Isles were reportedly interested in goaltender Ray Emery, who ended up signing a contract with the Philadelphia Flyers. This forced Snow to return to his original choice for the crease and sign Evgeni Nabokov to another one-year deal at $3.25 million.
Game one was exactly what one team wanted and the other was not expecting.
In the most simplistic breakdown possible, Boston's goaltending stonewalled Pittsburgh's offense at every turn, forcing Pittsburgh into playing a style of hockey that only benefits the Bruins.
It started off as a game that saw Pittsburgh controlling play. They were everywhere on the ice and showed their excellent speed throughout the first ten minutes.
Pittsburgh had plenty of chances against Tuukka Rask early on. They had a total of 4 posts hit with shots and multiple close encounters that Rask turned away with brilliant play. His overall stability in net forced Pittsburgh into a pani...
The New York Islanders are currently on the outside looking in on the final match-ups of the Stanley Cup playoffs. The Pittsburgh Penguins, who elimated the Isles in six games, are currently set to battle the Boston Bruins to see who will fight for the Cup from the Eastern Conference (Photo credit: douglasgallery30/Flickr).
One Islanders skater, Travis Hamonic, has been spending time in his cottage up north in Canada, enjoying some personal time away from the game.
The 22-year old defenseman is someone I have followed since his days in the WHL after being drafted by the Islanders with the 53rd overall pick of the 2008 Entry Draft. Since then, he has emerged from an inexperienced rookie into a reliable top-four defender, responsible for shutting down an opponent's top scorers.
Hamonic called me this afternoon (once he found a spot with good cell service) to discuss his game, the first round match-up against the Pens and the culture that has overtaken the Islanders locker room.
It took two overtimes and three simple defensive breakdowns to end a pivotal game three in the Penguins and Senators round two playoff series. It was dramatic, nerve racking, and punishing. The nasty play and overall demeanor developing in this series is better than advertised.
The tone coming into the series was mostly anticipation of brutal play. With hopes that the polarizing penguins club could be witnessed getting knocked around by a bigger Ottawa defensive core. This did not happen to the extent in which many were hoping, I see you Philly, but the physicality shown in this series dwarfs the slow tone of the only other eastern conference series.
In game one Pittsburgh had...
The first round of the 2013 NHL playoffs are in the books, eight teams have been sent packing to hit the links while eight teams remain to square off in the conference semi-finals. (Photo Credit: Torch Creative)
The first round did not disappoint hockey fans who have come to expect physical, fast, dramatic hockey in the playoffs and year after year they are not disappointed.
One year after the Los Angeles Kings became the first eight seed ever to win the Stanley Cup both seven seeds and both six have managed to advance to the semi-finals. The Eastern Conference Semi-final match-ups pit the Pittsburgh Penguins (1) against the Ottawa Senators (7) and the Boston Bruins (4) face off with the New York Rangers (6), while the Western Conference will feature the Chicago Blackhawks (1) who will try to hold off the Detroit Redwings (7) and the defending champion Los Angeles Kings (5) will face their fellow Californians, the San Jose Sharks (6).
Two series start today:
Lessons Learned?
With all due respect to the New York Islanders tremendous play in round one of the Stanley Cup playoffs, the Pittsburgh Penguins were terrible.
They refused to alter their stretch passing breakout plan after the Islanders set up a 1-3-1 trapping system. They refused to battle for long stretches of time in order to stifle the quick transition game of the Islanders. The Penguins almost refused to change everything except for the goaltender and while this worked out to their advantage, it is not going to work this time around.
The Ottawa Senators, the Penguins next opponent in round two of the playoffs, are a completely animal than that of the Islanders. Th...
The New York Islanders lost 4-3 in overtime last night to the visiting Pittsburgh Penguins, thus ending their run in the 2013 Stanley Cup Playoffs. The Penguins took the series in six games, winning the last battle on Coliseum ice in front of a sold out crowd of Islanders fans that continued to give their home team a standing ovation despite being eliminated.
"It's exciting to play in a building like this. It's a lot of fun. In my opinion, we're probably the loudest arena in the league now," said Matt Martin after the game.
"The fans were unbelievable through the end of the season there in the last five home games and all through the playoffs. They were a big factor in the way we played at home down the stretch. It makes a huge difference for us. People don't realize it but it gives you a little extra boost, a little extra energy when the crowd goes nuts like that. You definitely want to do something exciting."
Isles Tie Series With Pens at 2 Games Each. Much more exciting hockey to come out of the next three games.
The New York Islanders were hosting a playoff game on Nassau Coliseum ice for the first time in six years in front of a sold out crowd that was salivating for the puck to finally drop. Unfortunately for the Isles, they fell to the Penguins in overtime by a score of 5-4 on a power play goal that came from forward Chris Kunitz just 8:44 into the extra frame.
Special teams would ultimately play the deciding factor in the game, as the Islanders penalty kill only went 2-5, surrendering two additional power play goals in the first period that allowed the Penguins to get into the hockey game.
The Isles came out of the gates with energy and intensity, racking up hits, shots and goals immediately. Within the first two minutes of the game, Matt Moulson would slam home a rebound after Kyle Okposo would get the first few initial chances. Lubomir Visnovsky would be credited with the second assist.

subset: commoncrawl


text:
Phoenix Life comprises four regulated life companies, which have been acquired over the years since the business started in 1782.
Follow the links below to visit their respective website.
Phoenix Life Limited, Phoenix Life Assurance Limited
Phoenix Life Limited for Irish branch
Scottish Mutual International Limited
Although the companies are closed and do not generally write new business, they do accept additional policyholder contributions on in-force policies and allow certain policies, such as pension savings plans, to be reinvested at maturity into annuities.
If you are unsure if you have a policy with the Phoenix Group, please use our 'Who services your policy?' tool.


text:
The First TimeUnforgettable!
Oral sex had always been a fantasy for me, I was late to the party in terms of recieving.
Perhaps I had been unlucky with my choices but all my previous G/Fs had not been interested in performing oral, a little harsh I feel as they were more than happy to recieve!! I went down on the first g/f I ever had and loved it, I have continued to love it ever since.
However no one had ever done so to me. Then one night I was in my early 20s I was with a girl we had picked each other up in a bar and she had come back to mine. We were kissing and touching and removing each others clothes when without any warning she pulled down my shorts and popped it in her mouth. OMG!! It was everything I had ever hoped for and more, I almost came straight away! She was also the first girl that showed me the pleasure of a *** ****. Alas it was just a one night stand, but what a night!!
Since then I have been much luckier in my partners, and they have all enjoyed oral as much as I do.
candle2 46-50, M 1 Feb 9, 2013


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Indian River, MI Salon
Beneath The Oaks Nail & Hair Salon
Beneath The Oaks Nail & Hair Salon provides expert nail and hair care services to the Indian River, MI area. Our salon has a calming and soothing atmosphere so that our customers can sit back, relax,
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- Haircut
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Call Beneath The Oaks Nail & Hair Salon today at 231-330-5121 to set an appointment. If you have any other questions or comments, please contact us at firstname.lastname@example.com.
Contact Information
Hours of Business:Monday – Friday: 9:00am to 5:00pm
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Cash and Checks
Cash and Checks


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October 29, 2011 - 8:17am
LIVE BLOG RECAP: Michigan hockey sweeps Ferris State
The Wolverines' offense exploded Thursday night in a 5-2 rout of No. 6 Ferris State.
Following the game, Michigan coach Red Berenson thought that the Bulldogs might put their freshman netminder, C.J. Motte, between the pipes. Berenson said that no matter who was in goal, the Wolverines' gameplan would stay the same.
Ferris State has indeed decided to make the switch.. Whether No. 4 Michigan can have similar success remains to be seen.
Follow the Daily hockey beat's live blog from Yost Ice Arena for all of the action.
Entering the game with a chip on their shoulders, Ferris State looked to score first to get off to a good start. But freshman forward Alex Guptill put gave Michigan its first lead of the night with assists from Luke Moffatt and Derek DeBlois.
Ferris State kept possession of the puck in the second half of the period, and goalie Shawn Hunwick saw lots of action towards his end, especially in the last few minutes of the period. But the Bulldogs' best look of the night hit the pipes. Ferris State had nine shots on goal, and the Wolverines trailed them by one.
Michigan took 4 penalties during the first period, all in the last ten minutes but managed to kill them all. A.J. Treais had an opportunity to give the Wolverines a two-goal lead with eight seconds left in the period but could not capitalize on a breakaway opportunity.
Once again, it was the Wolverines who scored first, and once again a goal came from a freshman — Travis Lynch six minutes into the period.
A.J Treais took a cue from the freshmen and decided to follow suit with a goal of his own just three minutes later off of a deflection from Phil Di Giuseppe
Bu Di Giuseppe's assists weren't over for the period — he and Treais gave Chris Brown the opportunity to score with six minutes left in the period to give the Wolverines a 4-0 lead.
Just like in the first period, Michigan took more penalties than the Bulldogs, and spent 8 minutes in the penalty box. But also just like the first period, Michigan successfully killed them. Ferris State also took 5 penalties during the period but the Wolverines were unable to score on the power play.
Hunwick did not see much action down his end — the Bulldogs only had six shots on goal in the period, as opposed to the fifteen that Michigan had.
Michigan took 4 penalties during the first period, all in the last ten minutes but managed to kill them all. A.J. Treais had an opportunity to give the Wolverines a two-goal lead with eight seconds left in the period but could not capitalize on a breakaway opportunity.
Michigan went to the penalty box early in the period when Mike Chiasson took five minutes for facemasking. However, Michigan only received one other penalty, and managed killed both of them.
Ferris State kept possession for much of the period as it tried to overcome its four game deficit. The Bulldogs kept the puck in its attack zone for much of the period, however they were unable to get any good looks on goal, and Hunwick was able to ensure the Michigan shutout.


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- Average size 1.25 lbs - Final sale price $54.00/lb
- Free range Ibérico pork
- Acorn fed Bellota grade
- By COVAP, a cooperative in Cordoba
- Fully cured, slice and serve
- Size - Approximately 1.25 lbs
NOTE: The size of each Lomo can vary. Your final purchase price will be based on the exact weight. Lomo weighs about 1.25 lbs and is normally sold for $90.00/lb. The current sale price is $54.00/lb and the final sale price will be about $67.00.
Lomo Ibérico de Bellota is a delicious, marbled cured meat sometimes prized even more than the famous Jamón Ibérico. It is a whole piece of acorn fed Ibérico pork loin seasoned with garlic, salt and paprika, then put in a casing and cured for three months. This extended curing intensifies the flavor and allows the spices to penetrate every part of the loin.
This lomo is made from free range, acorn fed Ibérico pork. Acorn fed "Bellota" grade pork comes from pigs that have enjoyed a happy life in the countryside of Spain, living under the stars, feasting on herbs, grasses and a lot of sweet acorns.
Dehesa Cordobesa is made by COVAP, based in the vast expanse of 'dehesa' rangeland north of Cordoba. This special environment is covered with holm oak and cork trees. The free range Ibérico pigs roam this ancient woodland eating grass and herbs. This special diet, along with lots of exercise, gives Ibérico meat its delicate flavor and a texture that melts in your mouth. The Ibérico industry preserves this magnificent landscape and noble breed by giving the land value and holding off modern development.
COVAP is a cooperative of 15,000 farmers and ranchers in the beautiful Valle de Pedroches. This valley was called Fahs al- Ballut by the Moorish rulers of ancient Spain, meaning "Valley of the Acorns". COVAP continues the tradition of sustainable, free range agriculture that has been practiced here for thousands of years.
To our knowledge, their combined herd is the largest group of free range pigs in the world. They share the 'dehesa' with sheep, goats and pigs, all sharing space on this ancient pastoral system.
Acorn fed Ibérico pork, salt, paprika, garlic, sugar, water, sodium ascorbate, sodium nitrate, potassium nitrate. No hormones added.
Nutritional Information
Serving size 1oz (28g). Servings per container varied. Calories 100, from fat 90. Total fat 10g (15%), saturated fat 3g (16%), trans fat 0g (0%), cholesterol 50mg (17%), sodium 440mg (19%), total carbohydrates 0g (0%), fiber 0g, sugars 0g, protein 9g. Not a good source of calcium, vitamin A or C, iron 6%. * Percent Daily Values based on a 2,000 calorie diet.
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Customer ReviewsAverage rating from 2 reviews Write a review
"Mmmmmm so so good "
aj DELETIS - davie, FL - Jul 27, 2014
"The cured pork loan is such a pleasant, even sophisticated, departure from the ordinary finger food. We not only serve it at parties, but also munch on it in the kitchen while preparing family meals."
peter kesser - memphis, TN - Apr 13, 2014


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CO Parks & Rec Asso. Conference
Event Dates: 09/16/2014 - 09/17/2014
The 2014 Colorado Parks and Recreation Association Conference will be held at the Steamboat Sheraton in Steamboat Springs on September 16 & 17.
Come see the latest software!
Modified: 06/03/2014
Created: 04/29/2010


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Suzanne Kilmer, MD
Sacramento Dermatologic Surgeon
4.5 out of 5 stars
4 reviews
Andrew Pichler, MD
Sacramento Facial Plastic Surgeon
5.0 out of 5 stars
3 reviews
Jacqueline Calkin, MD
Sacramento Dermatologic Surgeon
5.0 out of 5 stars
4 reviews
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Sacramento Plastic Surgeon
4.5 out of 5 stars
17 reviews
Arnold Almonte, DO
Roseville Plastic Surgeon
5.0 out of 5 stars
14 reviews
Andrea Willey, MD
Sacramento Dermatologic Surgeon
Average cost in US: $950
Average cost in Sacramento: $650
25% of Sacramento reviewers said Radiesse was worth it
"Shingles Triggered by the Trauma of..."
After years of getting Radiesse injections without any complications or problems at all, I had a horrible experience last week when the injections caused herpes zoster (shingles) on my face. I had 1cc injected in my nasolabial folds and marionette lines Unfortunately, the makers of Radiesse even list shingles as a complication on the sample consent form that they provide to doctors, but it... more
"Restylane, Radiesse, Botox, Acne..."
I am always iced & numbed in the face, prior to injections. I've heard that this is not always done at many other offices. I recently went in for Botox & brought up a concern re: hormone related acne on my neck & chin. I was leaving for a trip in just 4 days & needed to look my best. Dr. Calkin had the perfect solution & was able to inject the breakouts, and had me sit... more
"Don't Do It - Roseville, CA"
It will permanently change the look of your face. And not necessarily in a way that you would like. If you have a thinner, fine-boned face, and the esthetician/nurse/doctor is telling you it would give you a "nice lift", kind of like a mini face lift, BEWARE. They are in the business to make money, and if you are not happy with the results, you probably will not get your money back.... more
"LUMPS Are a Terrible Side Effect of..."
Too expensive, not FDA approved, too many possible side affects and not a lot of improvement in the desired area. Actually in some areas my face looks worse because of where the product settled. The lumps are VERY noticeable and I can not afford surgery to remove them and heard that may the only way to get rid of them!My procedure was "Supervised" by 2 manufacturers Reps and even... more


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Results 51 to 53 of 53
Registered Member
- Join Date
- Apr 2009
- Location
- Austin, Texas
- Posts
- 388
Posted On:
11/09/2009 11:46am
Style: BJJ, MT--
So if there is no living space on the other side then it may have 2x6 constructions...interesting...damnit...the side that has no living space on has stuff mounted on it already >_<. The side I want to mount the bag has our hallway next to it. I can't really look at the inside of our wall to see the stud size, but I'm guessing fo the ceiling is 2x4 trusses that the garage wall is probably the same. I'll see if I can check our building rep.
*update* - I called my builder...they said everything is 2x4 construction even the garage and exterior walls. *sigh*
Last edited by newbie999; 11/09/2009 12:06pm at .
Registered Member
- Join Date
- May 2009
- Location
- Posts
- 234
Posted On:
4/16/2010 9:33am
Style: Standup, Ground-fighting--
Hey, I've been told to post this here! Question: exactly how shitty are TKO bags?
I ask because I have a choice between $200 for a shipped KO Fightsports 100lbs banana bag, or $80 for the TKO equivalent at a local store that takes returns. Is the difference in quality worth $120 and the sacrifice in convenience?
- Join Date
- Mar 2010
- Posts
- 1
Posted On:
5/05/2010 3:28pm


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Gravenhurst attractions are listed below. Find things to do in or near Gravenhurst, ON for your upcoming individual or group travel for Gravenhurst visitors. We also offer the great discounts on Gravenhurst Ontario hotel and motel rooms.
Reserving group travel? Save with Gravenhurst Group Rates
Attractions + Things To See in Gravenhurst
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Altvater: Big Ten losses outside conference affect OSU title hopesWritten by Fred Altvater | | email@example.com
Even though Ohio State is a perfect 10-0 in 2013, the team remains No. 3 in the BCS Bowl rankings and appears to be out of the picture for an appearance in the BCS Championship game in January.
The Buckeyes are 22-0 over the past two seasons under head coach Urban Meyer. With a career record of 127-23, Meyer has been successful at every stop. He began his collegiate head coaching career at Bowling Green State University, moved on to Utah and won two national championships at Florida in 2006 and 2008. He has yet to lose at OSU, but does not have any hardware to put in the Ohio State trophy case to prove it.
Last year the Buckeyes went 12-0 but were ineligible to play for the Big Ten championship or in the national championship game due to self-imposed sanctions and stayed home during the bowl season.
The undefeated Buckeyes are ranked behind two other undefeated teams, Alabama and Florida State.
Alabama, under head coach Nick Saban, has won the NCAA Division 1 National Championship three of the last four years. Florida State's young quarterback Jameis Winston is all the rage among college football media and may keep Ohio State out of the national championship game again this year.
The Big Ten has an image problem. Its record in bowl games over the past several years is abysmal and when its schools play good teams outside the league early in the season, they lose.
Although Ohio State has not helped itself by playing a relatively weak nonconference schedule, three key losses by Big Ten teams early in the 2013 season have affected Ohio State's BCS ranking.
In September, Wisconsin was ranked No. 20, but lost at Arizona State University 32-30. ASU was unranked and pulled out a win after an unusual finish at Sun Devil Stadium. With the ball on the 13-yard line the Wisconsin quarterback tried to center the ball for the winning field goal with 18 seconds remaining on the clock. Wisconsin did not have any timeouts remaining and the clock ran out before they could make the attempt.
Wisconsin has gone on to an 8-2 record losing only to Ohio State in conference play and climbed back inside the Top 25 in the nation.
Michigan State was unranked and undefeated when it lost to No. 22 Notre Dame in September. The top-ranked Spartan defense held Notre Dame to 220 yards of total offense, but several pass interference calls against the Spartan defense and an interception on a trick play proved to be the undoing for MSU.
Notre Dame won 17-14 and this is the only blemish on the season for the Spartans. The school is undefeated in the Big Ten and rebounded to the No. 16 in the BCS rankings.
Perhaps the biggest blow to Ohio State's championship hopes has been issued by the University of Michigan. The Buckeyes have won eight of the last nine Michigan games, but Michigan is getting its revenge this season.
The Wolverines started the season strong with a win over No. 14 ranked Notre Dame. The next week, versus Mid-American Conference member Akron, UM struggled and only managed to eke out a 28-24 win.
BCS computers and voters do not look kindly on a Big Ten team that struggles to beat an inferior opponent.
Michigan struggled again the next week versus the University of Connecticut and did further damage to the image of the Big Ten.
These three games early in the season gave the perception to BCS voters that the Big Ten is not as dominant as it should be when playing outside the conference.
NCAA sanctions levied against Penn State have also hurt the league tremendously. Penn State is a perennial power in the nation. It has not been able to regain its dominance since the Jerry Sandusky affair.
For Ohio State to be appreciated by the BCS voters — and more importantly by the BCS computers — the Big Ten needs Michigan, Penn State, Nebraska, Michigan State and Wisconsin to become more competitive when playing teams outside the Big Ten.
They can begin to change the perception of the strength of the Big Ten with wins in bowl games this year. But those will be too late to affect the BCS voting for this season.
Bowl wins, however, would help to regain power status for the beleaguered Big Ten conference.
The Buckeyes would not have a problem if it was the 2014 season. The top four ranked teams will go into a playoff for the national championship next year.
Tags: BCS, Big Ten, Michigan State, Nebraska, Ohio State University, OSU, Penn State, University of Michigan, University of Wisconsin, Urban Meyer


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