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Public Health E-Cigarettes Tobacco Regulations

Troutman Pepper

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

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

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

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

Troutman Pepper

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

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

ENDS Companies Take Legal Action Against Allegedly Noncompliant Competitors

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Recently, NJOY LLC filed a complaint in the U.S. District Court for the Central District of California against more than 30 foreign and domestic defendants that manufacture, market, distribute, and sell tobacco products in an...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

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

Troutman Pepper

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

Robins Kaplan LLP

Minnesota Settles Lawsuit Against JUUL and Altria for $60.5 million

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Minnesota Attorney General Keith Ellison recently announced the details of his Office’s settlement with JUUL and Altria for deceptively marketing e-cigarettes, which includes $60.5 million in combined payments by the two...more

Akerman LLP

FDA Orders JUUL E-Cigarettes Off The Market Over Safety Concerns

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The U.S. Food and Drug Administration (the FDA) issued marketing denial orders (MDOs) to JUUL Labs for all of its products currently marketed in the United States. As a result of this MDO, JUUL must stop selling and...more

Faegre Drinker Biddle & Reath LLP

FDA Finds Certain E-Cigarette Products “Appropriate for the Protection of Public Health” but Not “FDA Approved”

On October 12, 2021, the U.S. Food and Drug Administration (“FDA”) issued orders granting R.J. Reynolds (RJR) Vapor Company approval to market three of its electronic nicotine delivery system (ENDS) products – the Vuse Solo...more

Patrick Malone & Associates P.C. | DC Injury...

FDA gives Big Tobacco a big win - approval for e-cigarette for vaping

The federal Food and Drug Administration has infuriated health and anti-smoking advocates by handing Big Tobacco a major first - the agency’s seal of approval for an e-cigarette as a way for consumers to reduce or stop...more

Patrick Malone & Associates P.C. | DC Injury...

Better Healthcare Newsletter from Patrick Malone - October 2021

Two of the leading killers of Americans have one preventable cause in common. Many, many cases of lung cancer and cardiovascular diseases are caused by tobacco abuse. Medical scientists long ago proved this beyond a doubt....more

Searcy Denney Scarola Barnhart & Shipley

Juul Lawyer Discusses Upcoming FDA Decision Concerning the Fate of E-Cigarettes

E-cigarettes and vaping have steadily become more popular over the past 15 years, with many e-cigarette users unaware that the products they have been consuming are not approved for use by the U.S. Food and Drug...more

Patrick Malone & Associates P.C. | DC Injury...

With teens’ health at risk, White House plays politics with vaping

The Trump Administration kicked off the new year with a whimper not a bang with yet another of its attempts to corral the health nightmare of e-cigarettes and vaping by the nation’s young, while not upsetting the industry too...more

Brownstein Hyatt Farber Schreck

Vaping Injuries Roil Regulators

With more than 1,000 reported cases in 48 states, government agencies are scrambling to investigate and are advising consumers to avoid e-cigarettes and other vaping products. Even as a new regulatory landscape begins forming...more

Polsinelli

Retailer Liability for Vaping Products

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The recent outbreak of deaths and injuries associated with vaping is alarming—especially since there is no definitive cause determined as of now. As the investigation continues, everyone with a role in the manufacture,...more

Burns & Levinson LLP

Governor Baker Institutes Immediate Ban on Vaping Products

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In response to the growing crisis around vaping-related illness, Governor Baker has declared a public health crisis and issued a four-month ban on the sale of all vaping products in Massachusetts. The state’s Public Health...more

Nilan Johnson Lewis PA

Vaping Deaths: What Manufacturers and Retailers Need to Know about Current Laws and Regulations

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In recent weeks, the news has been full of stories of vaping-related illnesses and deaths. An eighth person has now died from a vaping-related illness, and reports state that hundreds more have been sickened with severe...more

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