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Administrative Procedure Act Regulatory Authority First Amendment

Ballard Spahr LLP

Appeals Court strikes down FCC telemarketing, robocall rule that required specific consent

Ballard Spahr LLP on

The 11th Circuit Court of Appeals has struck down the FCC rule that would have prohibited telemarketing or advertising robocalls to consumers unless they consent to calls from only one entity at a time, and that they consent...more

BakerHostetler

Federal Court Blocks FDA’s Graphic Cigarette Warning Rule: The Limits of Regulatory Authority

BakerHostetler on

On Monday, a federal judge from the Eastern District of Texas, Judge J. Campbell Barker, ruled that the U.S. Food and Drug Administration (FDA) exceeded its authority under the Tobacco Control Act by requiring cigarette...more

Pillsbury - Gravel2Gavel Construction & Real...

The 2023 Term of the Supreme Court: Administrative and Regulatory Law Rulings

It is instructive to review the Supreme Court’s record in its most recent term, concentrating on regulatory and administrative law cases, which are usually back-burner issues. But not this term....more

Troutman Pepper Locke

Industry Urges SCOTUS to Consider FDA Graphic Cigarette Warnings

Troutman Pepper Locke on

In August, a group of tobacco companies filed a petition for certiorari at the U.S. Supreme Court, seeking review of a lower court’s holding that the First Amendment does not prohibit the U.S. Food and Drug Administration...more

Nilan Johnson Lewis PA

Federal Courts Turn Away Challenges to FDA's e-Cig Regulations

Nilan Johnson Lewis PA on

On Monday, December 16, 2019, the U.S. District Court for the Southern District of Mississippi granted the U.S. Food and Drug Administration’s motion to dismiss a lawsuit filed by trade organization United States Vaping...more

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