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E-Cigarettes Public Health

Kelley Drye & Warren LLP

Privacy, Ultra-Processed Foods, E-Cigarettes, and More: NAAG Consumer Protection Conference Fall 2025 (Part 2)

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In Part Two of this two-part series on the National Association of Attorneys General (NAAG) Fall Consumer Protection Conference, we highlight panelists’ discussions on recent deceptive practices (including discussions on...more

Troutman Pepper Locke

28 State AGs Defend State ENDS Directory Laws in Amicus Brief to Fourth Circuit

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On September 22, a group of 28 state AGs led by Iowa filed an amicus brief in Vapor Technology Association v. Wooten in support of North Carolina’s state directory law that prohibits the sale of electronic nicotine delivery...more

Cozen O'Connor

Kansas AG Crackdown on Illegal Sales of THC Products

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Kansas AG Kris Kobach and the Director of the Kansas Bureau of Investigation (KBI) Tony Mattivi announced a statewide enforcement operation targeting the sale of products containing illegal concentrations of THC in vape shops...more

Lowenstein Sandler LLP

Federal Government Increases Crackdown on Illegal Sale of Vapes

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The U.S. Food and Drug Administration (FDA) has recently filed civil actions in federal court highlighting a crackdown on a black market that, in many cases, exists in plain sight. Vapes and electronic cigarettes...more

Troutman Pepper Locke

Are State ENDS Directories Preempted? Federal Courts Are Split

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Over the past two years, at least 15 states have enacted laws requiring manufacturers of electronic nicotine delivery systems (ENDS) to certify the status of their federal premarket tobacco product applications (PMTAs) in...more

Troutman Pepper Locke

Unpacking the Illicit E-Cigarette Crackdown by State AGs

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In mid-January, a bipartisan coalition of nine state attorneys general, as well as the Washington, D.C., attorney general, announced a coordinated effort to curb illicit electronic cigarette sales. The attorneys general of...more

Cozen O'Connor

State AG Pulse | “Don’t Mess With Our Health or Our Kids!”

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In our third State AG Pulse episode in season 5, the State AG Group’s Chris Allen and Emily Yu liken state AGs’ approach to Chinese e-cigarette manufacturers to a game of regulatory Whack-A-Mole and warn companies that make...more

Knobbe Martens

U.S. Supreme Court Defers to Agency Decision-Making in FDA’s Denial of Premarket Approval of Flavored E-Cigarette Products

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We previously reported a decision by the U.S. Food and Drug Administration (FDA), denying the premarketing authorization of several flavored e-cigarette product. On April 2, 2025, the Supreme Court of the United States...more

Mintz - Intellectual Property Viewpoints

Regulation, Enforcement, and Associated Challenges of the ENDS Industry: Part I

In 2016, the U.S. Food and Drug Administration (FDA) began regulating all manufacturers, retailers, and distributors of electronic nicotine delivery systems (ENDS) with following the agency’s promulgation of the Final Deeming...more

Latham & Watkins LLP

Supreme Court Upholds FDA’s Denial of Marketing Authorization for Flavored Tobacco Products

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On April 2, 2025, the Supreme Court unanimously held that the US Food and Drug Administration (FDA) lawfully denied marketing authorization for certain flavored e-liquids used in electronic nicotine delivery systems (ENDS),...more

Cozen O'Connor

New York Lawsuit Hits Big Against E-Cigarettes

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New York AG Letitia James has filed a lawsuit against 13 e-cigarette companies alleging violations of state and federal laws stemming from the manufacture, distribution, and sale of flavored vape products....more

Troutman Pepper Locke

Vape Companies Challenge Iowa’s New Vape Directory Law

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On December 17, 2024, Iowans for Alternatives to Smoking & Tobacco, Inc., Global Source Distribution, LLC, and others filed a complaint and motion for a preliminary injunction in federal district court against the Iowa...more

Troutman Pepper Locke

Opportunities for the Trump Administration to Step Up Enforcement Against Unauthorized ENDS

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Throughout 2024, the U.S. Food and Drug Administration (FDA) endeavored to curb sales of unauthorized electronic nicotine delivery systems (ENDS) in the U.S. In light of persistent demand for flavored ENDS — nearly all of...more

BakerHostetler

Supreme Court Hears FDA’s Flavored Vape Case

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On Monday, the Supreme Court heard oral arguments in a pivotal case that examines the Food and Drug Administration’s (FDA) authority to regulate flavored e-cigarettes. At the heart of the debate are the agency’s denials of...more

Troutman Pepper Locke

Oregon Appeals Court Rules E-Cigarette Packaging Restrictions Unconstitutional

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In October, the Oregon Court of Appeals ruled that a law restricting the packaging of e-cigarettes violates the state constitution’s free speech protections. The decision illustrates the utility of free speech arguments...more

Troutman Pepper Locke

Class Action Lawsuit Alleges Puff Bar Violated State Consumer Protection Laws

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A consumer class action lawsuit has been filed in the U.S. District Court for the Southern District of New York against EVO Brands, LLC and PVG2, LLC, both doing business as Puff Bar. The lawsuit alleges that Puff Bar...more

Troutman Pepper Locke

State AGs File Amicus Curae Brief in US Supreme Court Case Involving Flavored E-Cigarettes

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Earlier this month, 20 Democratic state attorneys general (AG) filed an amicus brief supporting the U.S. Food and Drug Administration’s (FDA) marketing denial orders (MDOs) of premarket tobacco applications (PMTAs) for...more

Troutman Pepper Locke

San Francisco Sues E-Cigarette Distributors for Violating Local Flavor Ban

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We have previously reported on the proliferation of tobacco product flavor bans imposed by localities and subsequent legal challenges throughout the U.S. See Oregon Court Upholds Local Tobacco Product Flavor Ban; Troutman...more

Troutman Pepper Locke

The Varied Landscape of Tobacco and Cannabis Flavor Bans or Restrictions

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The landscape of tobacco product and cannabis flavor bans or restrictions varies significantly across the country. In both industries, some states restrict all or some flavors in all types of products, while other states...more

MG+M The Law Firm

Unveiling the Hidden Dangers: Heavy Metals in E-Cigarettes and Vapes Raise Concerns for Public Health

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As the age of tobacco-based nicotine products shrinks in the rearview mirror, it comes as no surprise that consumers, young and old, are increasingly being drawn to its modern equivalent: e-cigarettes, also known as vapes....more

Troutman Pepper Locke

Massachusetts High Court Upholds Local Tobacco Sales Ban

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The Massachusetts Supreme Judicial Court (SJC) recently upheld, in a unanimous decision, the town of Brookline’s ordinance banning the sale of tobacco and e-cigarette products to anyone born after Jan. 1, 2000 (the Tobacco...more

Troutman Pepper Locke

More States Consider Establishing Vapor Product Directories

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We recently reported that several state legislatures are considering bills to establish vapor product directories this year — namely Florida, Indiana, Missouri, and Virginia. Throughout January and early February, similar...more

Troutman Pepper Locke

Multiple States Consider Establishing Vapor Product Directories

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This year, several state legislatures will consider bills to establish vapor product directories. Amid heightened scrutiny of illicit vapor products by the U.S. Food and Drug Administration (FDA), these product directory...more

Troutman Pepper Locke

FDA Maintains Heightened Enforcement Against Sellers of Illegal E-Cigarettes

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In December, the U.S. Food and Drug Administration (FDA) issued warning letters to online retailers for reportedly selling unauthorized e-cigarette products. Consistent with the Center for Tobacco Products’ (CTP) recent...more

Awatif Mohammad Shoqi Advocates & Legal...

Understanding UAE Regulations on Vaping and Tobacco

Introduction The UAE has implemented laws and regulations to control and regulate the consumption of tobacco and tobacco-related products, including vaping, which refers to the use of electronic nicotine products. This...more

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