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Tobacco Law Blog Blog

Articles: 1-10 of 44

United States Supreme Court Decides South Dakota v. Wayfair, Overrules Decades of Precedent for Taxation of Remote Sales and Imposes New Responsibilities for Internet and Other Remote Sellers of Tobacco Products

USA - July 30 2018 On June 21, 2018, the United States Supreme Court issued its decision in South Dakota v. Wayfair. The decision overruled decades of prior precedent…

Deeming Regulations Litigation Update-U.S. District Court for the District of Columbia Expected Forum for Three Appointments Clause Challenges

USA - July 30 2018 The FDA has advanced in its “procedural maneuvering” in three constitutional challenges to the Deeming Regulations. The challenges - premised on the…

Federal Government Seeks to Intervene in Tribal Lawsuit Against the State of Nebraska

USA - June 25 2018 The federal government is attempting to intervene in a lawsuit between a tribal tobacco manufacturer and the State of Nebraska. HCI Distribution Inc…

Deeming Regulations Litigation Update - Cigar Industry Plaintiffs Seek Stay of Health Warning Requirements Pending Appeal

USA - June 18 2018 The United States Food and Drug Administration recently obtained summary judgment on several cigar industry claims challenging the FDA’s Deeming…

New York Bill Looks to Ban the Sale of Flavored E-Liquid

USA - June 13 2018 Legislators in New York are looking to pass a bill that would ban the sale of flavored e-liquid tobacco products. Sponsored by New York State Senator…

Deeming Regulations Litigation Update-Case Transferred, Appointments Clause Briefing Scheduled

USA - June 11 2018 There has been new activity in two of the three Deeming Regulations challenges filed by vapor-industry plaintiffs represented by the Pacific Legal…

Deeming Regulations Litigation Update-Motion to Transfer Cigar Challenge Denied, Appealed by FDA

USA - June 11 2018 U.S. Magistrate Judge Kimberly C. Priest Johnson has denied a motion to transfer the Deeming Regulations challenge in En Fuego Tobacco Shop LLC, et al…

FTC Issues Cigarette and Smokeless Tobacco Reports

USA - May 10 2018 The Federal Trade Commission recently issued its Cigarette Report and Smokeless Tobacco Report summarizing 2016 data about the tobacco industry…

Plaintiff Lacks Standing to Force FDA Action Against Tobacco Company

USA - May 2 2018 A federal court has dismissed a case challenging the FDA’s allowance of the word “natural” in Natural American Spirit’s (“NAS”) product packaging and…

FDA Moves to Dismiss Suit Regarding SE Standards

USA - April 30 2018 Earlier this month, we reported on a lawsuit filed by U.S. Smokeless Tobacco Company (UST) challenging the FDA’s issuance of Not Substantially…