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Food and Drug Administration (FDA) E-Cigarettes

Troutman Pepper

FDA Proposes Submission Tracking Number Requirement for ENDS Imports

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In August, the U.S. Food and Drug Administration (FDA) issued a new proposed rule that would require importers of electronic nicotine delivery system (ENDS) products to provide an FDA-issued submission tracking number (STN)...more

Latham & Watkins LLP

New FDA Brief in Supreme Court Tobacco Case Puts Spotlight on Post-Chevron Regulatory Landscape

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FDA says its authority to implement the TCA is not limited by Loper Bright, but suggests that future guidance documents may be limited. On August 26, 2024, the US Food and Drug Administration (FDA or the Agency) filed its...more

Fox Rothschild LLP

Minnesota Attorney General Takes Action Against Businesses that Market Nicotine Products to Minors

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Billions of dollars are spent each year on tobacco marketing expenditures. With the increasing use of e-cigarette products, businesses may feel tempted to expand their marketing to other audiences, including minors. ...more

Cozen O'Connor

State AGs Redouble Efforts to Snuff Out Flavored Tobacco Products

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A group of 20 Democratic AGs, led by Massachusetts AG Andrea Campbell, has filed an amicus brief before the U.S. Supreme Court in Food and Drug Administration v. Wages and White Lion Investments, LLC., dba Triton...more

Troutman Pepper

Federal Court Rules Montana AG Preempted from De-Listing Cigarette Manufacturer

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In late June, the U.S. District Court for the District of Montana held that federal law preempts the Montana Attorney General (AG) from removing the cigarette brands of Grand River Enterprises Six Nations, Ltd. (Grand River)...more

Troutman Pepper

FDA Unauthorized ENDS Enforcement: 2024 Mid-Year Roundup

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In the first half of 2024, the U.S. Food and Drug Administration (FDA) has continued to ramp up efforts to limit sales of unauthorized electronic nicotine delivery systems (ENDS). We previously reported on FDA’s heightened...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

FDA Launches Legally Marketed Tobacco Products Database

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FDA recently announced the launch of a new searchable database containing almost 17,000 tobacco products that may be legally marketed in the U.S. The database provides information on each tobacco product including product...more

Troutman Pepper

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

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

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

Troutman Pepper

FDA Continues ENDS Enforcement with New Injunction and Civil Money Penalty Proceedings

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The Food and Drug Administration (FDA) has recently filed new injunction and civil money penalty proceedings against unauthorized, flavored e-liquids and electronic nicotine delivery systems (ENDS) manufacturers and...more

Cozen O'Connor

Virginia AG: Increase Federal Regulation of Vapes – No Ifs, Ands, or Butts

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Virginia AG Jason Miyares sent a letter to the FDA urging the agency to take action to prevent the distribution of illegal Electronic Nicotine Delivery Systems (ENDS) products, such as e-cigarettes and vapes....more

Knobbe Martens

Flavored E-cigarette Manufacturers Face Regulatory Challenges

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Manufacturers of e-cigarettes find themselves in a challenging regulatory environment to obtain U.S. Food and Drug Administration (FDA) marketing approval of flavored products.  On October 12, 2023, the FDA denied premarket...more

Troutman Pepper

FDA Ramps Up Enforcement Against Flavored Disposable E-Cigarettes as External Pressures Mount

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In September, the U.S. Food and Drug Administration (FDA) issued two new rounds of warning letters to online retailers, manufacturers, and distributors for reportedly selling or distributing unauthorized e-cigarette products....more

Cozen O'Connor

AGs Voice Concern Over Surge of Illegal Disposable E-Cigarettes Targeting Youth

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A bipartisan group of 33 AGs led by North Carolina AG Josh Stein sent a letter urging the FDA and Center for Tobacco Products to swiftly formulate and implement a strategic plan that adequately protects public health from the...more

Troutman Pepper

Takeaways from Listening Session on the Development of FDA’s Center for Tobacco Products Strategic Plan

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On August 22, 2023, the Troutman Pepper Tobacco + Nicotine Team attended the Food and Drug Administration’s Center for Tobacco Products (“CTP”) virtual listening session on the development of CTP’s strategic plan.  We...more

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FDA Warns 189 Retailers of Elf Bar and Esco Bar Vapes Regarding Unauthorized Sales

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FDA recently announced the issuance of warnings letters to 189 retailers found to be selling unauthorized tobacco products, specifically Elf Bars and Esco Bars....more

Troutman Pepper

Congress Urges FDA to Complete Its Review of E-Cigarette Applications

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On June 8, more than 50 members of Congress signed a letter addressed to Food and Drug Administration (FDA) Commissioner Dr. Robert Califf, expressing concerns over FDA’s delays in reviewing pending Premarket Tobacco Product...more

Troutman Pepper

Federal Government Ramping Up Vapor Enforcement

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Over the last several months, FDA and DOJ enforcement efforts have increasingly focused on manufacturers and distributors of vapor products covered by the Food, Drug, & Cosmetic Act and the PACT Act....more

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House Committee Investigates FDA’s Regulation of Tobacco and Nicotine Products

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Coming on the heels of the Reagan-Udall Foundation report on the Center for Tobacco Products (CTP) at the Food and Drug Administration (FDA), the U.S. House of Representatives’ Committee on Oversight and Accountability has...more

Troutman Pepper

Inside FDA’s Response to Reagan-Udall Foundation Report: Spotlight on the Science and Application Review Task Force

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This is the second post in our multipart series evaluating the Food and Drug Administration’s response to the Regan-Udall Foundation report on the operations of the Center for Tobacco Products. If you missed our first post,...more

Troutman Pepper

“Disposable ENDS Product Enforcement Act” Introduced in Congress

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In a largely symbolic gesture, Representative Shelia Cherfilus-McCormick has introduced the “Disposable ENDS Product Enforcement Act of 2023.”  The bill is characterized as closing “the Trump Administration’s...more

Troutman Pepper

FDA Responds to Reagan-Udall Foundation Report

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On February 24, 2023, the Food and Drug Administration (“FDA”) issued a response to the report prepared by the Reagan-Udall Foundation in December 2022. The Foundation’s report was originally commissioned by FDA Commissioner...more

Troutman Pepper

2022 Significant Developments in the Tobacco Industry and What to Expect in 2023 (Part One) - Regulatory Oversight Podcast

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The U.S. tobacco industry is subject to a variety of regulators at the federal and state level. In this first of a two-part series focused on significant regulatory developments in the tobacco industry, Stephen Piepgrass is...more

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