Indiana enacted the Vapor Pens and E-Liquid Act to regulate the manufacture and distribution of e-cigarettes. The

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Indiana enacted the Vapor Pens and E-Liquid Act to regulate the manufacture and distribution of e-cigarettes. The act was based on the state’s interest in public health and safety. Requirements included childproof packaging and labels designating active ingredients, nicotine content, and expiration dates. The act covered instate and out-of-state production and sales. Legato Vapors, LLC, an out-of-state maker of e-liquid products, filed a lawsuit in a federal district court against David Cook, head of the Indiana Alcohol and Tobacco Commission, seeking an injunction to prevent the state from enforcing the act against out-of-state manufacturers and sellers. Legato argued that the act violated the U.S. Constitution, which prohibits the application of a state statute to commerce that takes places completely outside of the state. Specifically, Legato noted that direct online sales by out-of-state manufacturers to Indiana consumers could not be regulated by the state act. Under the UCC, when does title to goods pass from the seller to the buyer? Does this UCC provision support Legato’s argument for an injunction? Why or why not? [Legato Vapors, LLC v. Cook, 847 F.3d 825 (7th Cir. 2017)] (See When Title Passes.)

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Business Law Text And Cases

ISBN: 9780357129630

15th Edition

Authors: Kenneth W. Clarkson, Roger LeRoy Miller

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