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Tobacco Law Blog Blog

Articles: 1-10 of 190

FTC Releases Second Report on E-Cigarette Sales and Advertising in the US

USA - September 23 2022 In a recent press release, the Federal Trade Commission (FTC) issued its second e-cigarette report, analyzing domestic sales and marketing trends for…

Eleventh Circuit Sets Aside FDA Marketing Denial Orders Issued to Bidi Vapor and Others

USA - September 6 2022 Litigation challenging FDA’s cursory denial of thousands of premarket tobacco product applications (PMTAs) continues. We have previously written…

FDA Cigarette Graphic Warning Rule Delayed … Again

USA - August 23 2022 In a prior update, we discussed the ongoing legal challenges to the U.S. Food and Drug Administration’s (FDA) March 2020 rule on a graphic-warning…

State Taxation of Remote Sellers: US Supreme Court Declines Review of First Post-Wayfair Decision from a State Supreme Court

USA - August 15 2022 What kind of nexus is substantial enough to allow a state to tax a business’s sales in interstate commerce? In its 2018 decision in , the U.S…

Minnesota Department of Revenue Revokes and Replaces Guidance on Remote Sellers’ Tobacco Tax Responsibilities

USA - August 10 2022 On May 9, 2022, the Minnesota Department of Revenue (the “Department”) issued Revenue Notice # 22‑02 on remote sellers’ tax payment responsibilities…

Iowa Attorney General Brings Suit Against Participating Manufacturers to the Master Settlement Agreement

USA - August 9 2022 On July 28, the Iowa attorney general’s office filed suit against Philip Morris, USA, R.J. Reynolds Tobacco Co., and 16 other tobacco companies…

Deeming Regulations Litigation Update - FDA Files Second Status Report on Pending Vapor Products PMTAs

USA - July 29 2022 FDA reports that the progress of its review of popular vapor products’ pending PMTAs remains in line with its first report. On July 28, 2022, FDA…

Industry Comments Loom Large in D.C. Court Finding FDA Regulation of Premium Cigars “Arbitrary and Capricious”

USA - July 12 2022 On July 5th, the U.S. District Court for the District of Columbia ruled that the decision of the Food and Drug Administration (FDA) to “deem” premium…

FDA Set to Propose Maximum Nicotine Level in Cigarettes

USA - June 24 2022 The US Food and Drug Administration (FDA) recently announced plans to publish a proposed rule that would establish a maximum nicotine level in…

Bipartisan Coalition of 31 State AGs Urge FDA to Deny Marketing Authorization for Non-Tobacco Nicotine Products

USA - June 16 2022 On June 10, a bipartisan coalition of 31 state Attorneys General, led by Idaho, Illinois, Nebraska, and Pennsylvania, sent a letter to Food and Drug…