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Opening Brief Filed in Deeming Rule Appeal by Nicopure Labs and the Right to be Smoke-Free Coalition
  • Keller and Heckman LLP
  • USA
  • February 14 2018

On February 12, 2018, Nicopure Labs, LLC and the Right to be Smoke-Free Coalition (the Appellants) filed their opening brief in the appeal of last

Court Strikes FDA Preapproval for Tobacco Product Labeling Changes
  • Morgan Lewis & Bockius LLP
  • USA
  • August 25 2016

Court holds that FDA guidance cannot require preapproval for label modifications to existing tobacco products, but can require preapproval for

Follow Up on Effective Dates of New Rules on E-Cig Advertising
  • Wilkinson Barker Knauer LLP
  • USA
  • August 9 2016

In recent days, there have been a number of broadcast trade press articles about new regulations that have gone into effect for e-cig advertising. We

The FDA Faces Challenges to its New Regulations for E-Cigarettes
  • Weil Gotshal & Manges LLP
  • USA
  • August 2 2016

We recently reported that the Food and Drug Administration (“FDA”) issued a final ruling regarding the regulation of electronic cigarettes

New Federal Advertising Rules on E-Cigs and Other Tobacco Products Adopted - To Become Effective within Two Years
  • Wilkinson Barker Knauer LLP
  • USA
  • May 6 2016

E-Cigs and vape shops have become a new advertising category for many broadcast stations over the last few years. Unlike ads for cigarettes, little

Proposed rule deems e-cigarettes "tobacco products" under the Family Smoking Prevening and Tobacco Control Act
  • Haug Partners LLP
  • USA
  • April 24 2014

The Food and Drug Administration introduced a proposed rule yesterday that would extend its existing authority over certain tobacco products. Under

Supreme Court denies cert in cigarette labeling case
  • Manatt Phelps & Phillips LLP
  • USA
  • May 9 2013

The U.S. Supreme Court denied a writ of certiorari filed by the tobacco companies challenging the advertising regulations promulgated pursuant to the

FDA regulations and the regulation of constitutionally protected speech
  • Venable LLP
  • USA
  • May 7 2012

“Speech in aid of pharmaceutical marketingis a form of expression protected by the Free Speech Clause of the First Amendment.”

6th Circuit decision splits the courts on antismoking law
  • Manatt Phelps & Phillips LLP
  • USA
  • April 5 2012

Creating a split in the federal courts, the 6th Circuit upheld the majority of advertising and marketing restrictions of the Family Smoking Prevention and Tobacco Control Act, striking down only the Act’s limitation of tobacco advertising to black and white text and the ban on continuity programs

FDA to appeal injunction of cigarette labeling rules
  • Manatt Phelps & Phillips LLP
  • USA
  • December 14 2011

By filing notice of its plan to appeal the preliminary injunction halting the law’s effect, the Food and Drug Administration made clear it intends to fight for enforcement of the new cigarette package labeling requirements