CSP Daily News’ Post

Great update on federal premium cigar #litigation involving #fda by my Troutman Pepper colleagues Bryan Haynes, Agustin Rodriguez, and Michael Jordan. #tobaccoindustry #tobaccoproducts #cigars #regulatorycompliance #regulatoryoversight #legalupdate

Big tobacco companies and their critics agree on at least one thing: The illegal, fruit-flavored, disposable vapes that are popular among teenagers have flooded the U.S. market and federal regulators haven’t done enough to stop it. The FDA and Justice Department said Monday they are stepping up enforcement by forming a multiagency task force to go after the illegal distribution and sale of e-cigarettes. Disposable vaping devices, almost none of which are authorized for sale by the FDA, represent more than 30% of U.S. e-cigarette sales in stores tracked by Nielsen, according to an analysis by Goldman Sachs. Breeze Pro and Elfbar, both of which were ordered off the market last year by the FDA, remain the top two disposable e-cigarette brands in the U.S. What do you think of the FDA and DOJ's move?

After eight years of legal battle, the case, Cigar Association of America et al. v. United States Food and Drug Administration et al., has finally reached a critical point. Join the conversation and stay informed. 📚💼 #LegalNews #FDA #CigarAssociation #baileys #carencro #LitigationUpdate #LegalMatters #IndustryInsights #newblogpost #IndustryImpact #LegalDebate https://wix.to/QvcAhgL

David Clissold and I discuss the best-written court decision you'll read all year in our newest blog post on the FDA Law Blog. Check it out for all of your flavored e-cigarette related reading! #fdalawblog #ecigarettes #fda

The FMCSA Drug and Alcohol Clearinghouse stumps more federally regulated companies than you might think. 🤔 From running queries on drivers and getting the proper consent to keeping up with all the necessary recordkeeping, it can be a daunting system to comply with. Join Foley's very own Andrew Paoli, DOT compliance expert, as he explains all the above (and what you need to know about the upcoming Clearinghouse-II) in tomorrow's webinar. ➡Register now: https://lnkd.in/gpmVHm4D #fmcsa #clearinghouse #webinar #register

📊 Breaking News: Supreme Court Ruling Shakes Up Vape Industry Regulation The recent Supreme Court decision overturning the Chevron doctrine has sent shockwaves through the vaping industry. Here are the key takeaways: 1️⃣ Vape manufacturers see this as a potential game-changer in their fight against FDA regulations. 2️⃣ The ruling could weaken the FDA's power to regulate tobacco and nicotine products. 3️⃣ Industry trade groups believe this decision will force the FDA to be more transparent about its regulatory standards. 4️⃣ Legal experts are divided on the potential impact: - Some argue it will have little effect on FDA's authority - Others predict significant challenges and delays in regulation 5️⃣ The decision may affect other areas of FDA tobacco regulation, including potential bans on menthol cigarettes and efforts to reduce nicotine levels. 6️⃣ Concerns arise about potential chaos in regulation and its impact on public health. 🤔 What's your take on this development? How do you think it will affect the vaping industry and public health policies? #VapeIndustry #SupremeCourtRuling #FDARegulation #PublicHealth #TobaccoControl

The United States Court of Appeals for the Fifth Circuit just found against the FDA in a case brought by manufacturers of nicotine liquids seeking to overturn the FDA’s rejection of their market application. While the decision is of paramount importance for the US #vaping industry - in particular the companies commercializing the hundreds of thousands of products that have been denied authorization, it is also, and perhaps primarily, a reminder of the very high standards the administration must stand up to when limiting a citizen’s ability to enjoy their property or conduct their business. It is a master class on the #ruleoflaw and on administrative law, likely to cast its shadow (or shine its light, rather) far beyond the messy and disappointing management of e-cigarette PMTA’s by the FDA. The Court’s refusal to cut the FDA any slack on account of its claimed concern for youth protection at the expense of basic administrative principles is remarkable, as is the stern tone that runs through the entire decision. In defending itself against claims brought by citizens, the Court reminds us, the administration cannot come up with post hoc explanations or rationalizations about why and how it acted. The administration must provide citizens with fair notice as to how it intends to act, its intentions should not be hidden between thousands and thousands of words and, as Justice OW Holmes “fair warning should be given TO THE WORLD in a language that THE COMMON WORLD WILL UNDERSTAND…” If the administration changes its mind about something, it must recognize openly that it has done so and must sufficiently explain the reasons why. Even if it changes its mind, the administration cannot hold the administered citizen liable for relying, on good faith, on the administration’s initially communicated view while in place. These are core principles of administrative law but, foremost, constitutional principles inherent to fundamental rights for which reiterated recognition by US Courts that system should be grateful, especially on matters where it is so easy and politically profitable for government to bend #dueprocess to score points or backtrack on unpopular positions. As the tables even out in the Circuits, one can only hope that the Supreme Court will take an interest in the cases brought against marketing denial orders by e-cigarette manufacturers that have seen their products banned for reasons the FDA failed to clearly spell out as requirements from the get go. ANDS strongly supports the rule of law and due process and strongly believe regulated products must be given fair and objective treatment and be shielded from internal political disagreements in the administration. The industry must stand together when it comes to protecting the rights of adult smokers to less harmful products. Marina Murphy Fadi Maayta Mohammed Agrabawi https://lnkd.in/e2Mdw_8D

The Nicotine Industry is consistently being defined and shaped by key industry regulations, legal implications and compliance 📈 💬 The Next Generation Nicotine Delivery USA Conference features a top lineup of legal experts to help you deal with current regulatory and legal challenges.  Here are some of the highlights 👉 ➡ LieAnn Van-Tull, Associate, Washington DC at Keller and Heckman LLP will highlight FDA enforcement tools and recent enforcement actions. ➡ Jerry Donnini, Shareholder at Moffa, Sutton, & Donnini, PA, presentation focuses on multi-state tax considerations. ➡ Eric N. Heyer, Partner at Thompson Hine LLP, will look at intellectual property and how to best safeguard innovations. ➡ Chris Allen, CEO at Broughton will share compliance focused strategies for youth access prevention. ➡ John OBrien, Vice President and Assistant General Counsel – Regulatory at Reynolds American, will address why the Tobacco Control Act is still very relevant today. Reserve your space today > https://lnkd.in/eaUUfSwP #Nicotine24 #NicotineInnovation #nextgennicotine #FutureOfTobacco #nicotineindustry #tobacco #smoking #vaping #nicotineproducts #tobaccoindustry #cannabisindustry

👏 CCIA applauds Office of California Governor Gavin Newsom, the California Department of Public Health, and the California Department Of Alcohol Beverage Control, for their swift action to protect public safety, preventing Californians — particularly youth — from accessing highly intoxicating and mislabeled hemp products. These unregulated products are rampant across the state, and require urgent solutions. We are proud to be working with Assembly Majority Leader Cecilia Aguiar-Curry (D-Winters) to advance #AB2223, to rectify the regulatory disparities between the cannabis and hemp industries. #cannabis #hemp #publicpolicy #youthprevention