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Vaping

Parker Poe Adams & Bernstein LLP

OSHA Says Workplace Burns From E-Cigarette Batteries Are Recordable Injuries

Occupational Safety and Health Administration regulations require employers to record work related injuries and illnesses on the OSHA 300 log. ...more

Troutman Pepper Locke

Florida AG Sues Retailers for Alleged Violations of Nicotine Product and Consumer Protection Laws

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The Florida attorney general (AG) recently initiated legal proceedings against several Florida smoke shops, alleging violations of state law related to the sale and marketing of illegal nicotine products, particularly vapor...more

Hogan Lovells

The Decree amending, adding, and repealing various provisions of the General Health Law was published in the federal official...

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On January 15th, 2026, the Decree amending, adding, and repealing various provisions of the General Health Law (“Amendment”) was published in the Federal Official Gazette. While the prohibition of vaping devices has drawn...more

Parker Poe Adams & Bernstein LLP

ADA Does Not Require Employers to Tolerate Use of THC During Working Time

At times I think I have heard every possible excuse from employees trying to avoid disciplinary action, but one situation last week posed claims I have not encountered. An employer smelled marijuana and discovered that an...more

Troutman Pepper Locke

12 Days of Regulatory Insights: Day 7 – Tobacco and Nicotine Regulatory Roundup — Regulatory Oversight Podcast

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In this episode of our special 12 Days of Regulatory Insights podcast series, Chris Carlson is joined by colleagues Bryan Haynes and Agustin Rodriguez — members of our Tobacco and Nicotine Practice and RISE Practice Group —...more

Cozen O'Connor

The State AG Report – 12.04.2025

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: • Bipartisan AGs Urge Congress to Shut Down Federal AI...more

Cozen O'Connor

Bipartisan AGs Urge Shopify to Filter Out E-Cigarette Sellers from Its Platform

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California AG Rob Bonta and the City of New York were joined by a bipartisan coalition of 24 AGs in sending a letter to Shopify Inc., urging the company to crack down on merchants using its e-commerce platform to sell illegal...more

Troutman Pepper Locke

Virginia’s Vapor Product Directory Challenged in Federal Court

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Earlier this fall, a small manufacturer and retailer (the Plaintiffs) sued Virginia Attorney General (AG) Jason Miyares and Tax Commissioner James Alex (the Defendants) in the U.S. District Court for the Eastern District of...more

Cozen O'Connor

The State AG Report – 09.25.2025

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: • Bipartisan Group of AGs Move to Extinguish Challenges to...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

Balch & Bingham LLP

Alabama Registry Rule Benefits Business

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A court-approved agreement brings welcome certainty for retailers selling vapor and nicotine-pouch products in Alabama—confirming that companies with a standard tobacco license may continue selling FDA-authorized products,...more

Adams & Reese

Tennessee Toughens Law for Underage Tobacco and Vape

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A new Tennessee law means big changes for Tennessee retailers that sell tobacco and vapor products. The new law becomes effective July 1, 2025, with some parts kicking in later. If you sell cigarettes, e-cigarettes, cigars,...more

Bradley Arant Boult Cummings LLP

Cloud Control: Alabama’s Newest Nicotine Regulation That’s Just Too “Juicy” to Ignore

On May 14, Alabama Gov. Kay Ivey signed Alabama HB8 into law. Effective June 1, HB8 introduced sweeping changes that will reshape how nicotine products are sold, marketed, and regulated in Alabama. You heard that right,...more

Seyfarth Shaw LLP

I Don’t Wanna Grow Up, I’m a What Kind of Kid?  Toys R Us Takes on Vape R Us in Trademark Battle

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I don’t wanna grow up, I’m a TOYS R US kid. So, many of us grew up with this commercial jingle and it along with the brand brings back positive memories of celebrating birthdays and holidays. But what happens when a company...more

Troutman Pepper Locke

Federal Court Pumps the Brakes on Iowa Vape Directory

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We previously wrote about this case last January, when Iowans for Alternatives to Smoking & Tobacco, Inc., Global Source Distribution, LLC, and others filed a complaint and motion for a preliminary injunction in federal...more

Cozen O'Connor

Delta-8 Retailers Take a Hit in North Dakota

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North Dakota AG Drew Wrigley has reached a settlement with the owners and operators of www.delta8resellers.com (Delta 8 Resellers), resolving allegations that the company violated state consumer protection laws by selling and...more

Carlton Fields

FDA v. Wages and White Lion Investments: A Reminder of the Deference to Agency Determinations Post-Loper Bright

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In FDA v. Wages and White Lion Investments LLC, the U.S. Supreme Court’s unanimous decision in favor of the Food and Drug Administration serves as a reminder of the deference still accorded to regulatory agencies post-Loper...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

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

Morrison & Foerster LLP

MoFo’s State + Local Government Enforcement Newsletter (February 2025)

Morrison Foerster’s State and Local Government Task Force is pleased to provide our bimonthly newsletter summarizing some of the most important and interesting developments from state attorneys general (State AGs) across the...more

Troutman Pepper Locke

California and Denver Impose New Restrictions on Nicotine Analog Products

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In what appear to be the first restrictions of their kind, the state of California and the city and county of Denver have adopted bans on flavored tobacco products that cover not only products containing tobacco and nicotine,...more

Troutman Pepper Locke

Supreme Court Weighs Vape Venue Dispute

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On January 21, the Supreme Court heard arguments in a case addressing who may challenge Food and Drug Administration (FDA) marketing denial orders for new tobacco 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

Cozen O'Connor

The State AG Report – 12.19.2024

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Illinois AG’s and FTC’s Settlement Takes a $25 Million...more

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