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10 Business, Advertising, and IP Considerations for E-Vapor Companies

By Azim Chowdhury, Tracy Marshall & Robert S. Niemann on August 14, 2017
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As the e-vapor industry evolves, manufacturers must keep up with an expanding legal and regulatory landscape. In addition to designing their products and services to comply, it is important for e-vapor companies to carefully assess their business practices and relationships with employees and business partners so as to best protect their confidential information and intellectual property, minimize their liability when relying on third party vendors, distributors and independent contractors, and ensure that they comply with applicable laws when advertising, marketing, and selling their products and services to consumers. This checklist highlights ten business, advertising, and intellectual property considerations for e-vapor companies doing business in the United States. Other countries may have different (and in some cases more stringent) requirements, so companies should understand their obligations wherever they conduct business. This checklist is provided for general information purposes. It is not intended to provide a comprehensive summary of applicable laws, and does not constitute legal advice. 

For more information, please contact:

Azim Chowdhury (+1 202.434.4230; chowdhury@khlaw.com)
Tracy P. Marshall (+1 202.434.4234; marshall@khlaw.com)
Robert S. Niemann (+1 415.948.2827; niemann@khlaw.com)

Printable Brochure

Photo of Azim Chowdhury Azim Chowdhury

Azim Chowdhury is a regulatory and public policy attorney with a focus on vapor, nicotine and tobacco product regulation. He is a Partner in Keller and Heckman’s nationally-ranked food and drug law practice.

Mr. Chowdhury advises domestic and foreign corporations in matters of…

Azim Chowdhury is a regulatory and public policy attorney with a focus on vapor, nicotine and tobacco product regulation. He is a Partner in Keller and Heckman’s nationally-ranked food and drug law practice.

Mr. Chowdhury advises domestic and foreign corporations in matters of Food and Drug Administration (FDA) and international regulatory compliance. In particular, he has developed expertise in tobacco and vapor product regulation relating to the implementation of the Family Smoking Prevention and Tobacco Control Act, and spearheaded the Tobacco and E-Vapor practice at Keller and Heckman. Specifically, Mr. Chowdhury has experience representing tobacco, e-cigarette and e-liquid manufacturers, distributors, retailers, suppliers and trade associations in matters of FDA, state and global regulatory compliance. He also assists corporations in establishing clearances for food and drug additives in the U.S., Canada, and European Union, with an emphasis on indirect additives used in food-contact materials.

Mr. Chowdhury has authored and edited numerous articles and publications, including Tobacco Regulation and Compliance: An Essential Resource, FDA Regulation of Tobacco: A Comprehensive Guide – An FDLI Primer and Tobacco and Nicotine Delivery: Regulation and Compliance, 2nd Edition. He is a frequent contributor to the Food and Drug Law Institute’s (FDLI) Update Magazine and has served on the Editorial Advisory Board of the Food and Drug Law Journal.  In addition, he has been interviewed in the U.S. News and World Reports Best Lawyers Edition (2016) and was named one of “10 Names to Know in the Vape World” in the October 2015 issue of Vape Magazine. Mr. Chowdhury received the 2018 National Law Review Go-To Thought Leadership Award for his consistent coverage of the emerging issues surrounding vaping and e-cigarettes on Keller and Heckman’s law blog, The Continuum of Risk.  As an industry leader, Mr. Chowdhury frequently speaks at industry conferences and events.

Mr. Chowdhury also has an active pro bono practice through Keller and Heckman’s Pro Bono Program, and has been featured in the Baltimore Sun for successfully obtaining asylum in the United States for a family who fled their home country of El Salvador because of violence they faced from an international gang.

Prior to entering private practice, he served as a judicial law clerk on the Court of Special Appeals of Maryland. Mr. Chowdhury received a B.A. and B.S. from Johns Hopkins University, a MBA from the University of Maryland Robert H. Smith School of Business, and a JD, cum laude, from the University of Maryland School of Law.

Education: Johns Hopkins University (B.A., B.S., 2003); University of Maryland Robert H. Smith School of Business (M.B.A., 2006); University of Maryland School of Law (J.D., 2006, cum laude).

Admissions: District of Columbia; Maryland

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Photo of Tracy Marshall Tracy Marshall

Tracy Marshall counsels international and domestic for-profit and non-profit clients on a range of privacy, data security, advertising, promotions, and intellectual property matters. She also advises on general corporate and transactional matters.

Tracy assists clients with compliance and advocates on their behalf. She …

Tracy Marshall counsels international and domestic for-profit and non-profit clients on a range of privacy, data security, advertising, promotions, and intellectual property matters. She also advises on general corporate and transactional matters.

Tracy assists clients with compliance and advocates on their behalf. She is a Certified Information Privacy Professional (CIPP/US) through the International Association of Privacy Professionals (IAPP) and helps clients implement privacy, data security, and security breach response programs, develop internal and public-facing privacy policies to comply with applicable laws, respond to cyber and data security incidents, and manage relationships with service providers and third parties. Tracy advises on structuring and conducting email and text messaging campaigns, sweepstakes, contests, and other promotions, and she helps clients protect and enforce their intellectual property rights.

In addition, Tracy counsels clients on corporate matters and assists with structuring and negotiating a variety of transactions, including licensing, marketing, and outsourcing arrangements.

Tracy is frequently invited to speak at privacy, data security, telecommunications, and advertising conferences and is a contributor to Keller and Heckman’s Consumer Protection Connection blog and Beyond Telecom Law Blog.


To learn more about Tracy’s practice areas, click here.
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Photo of Robert S. Niemann Robert S. Niemann

Robert Niemann is a trial lawyer in the litigation department concentrating his practice in the areas of complex business and commercial litigation, trade secrets, intellectual property, unfair business practices, products liability, and environmental toxic torts. Mr. Niemann is co-chair of Keller and Heckman’s…

Robert Niemann is a trial lawyer in the litigation department concentrating his practice in the areas of complex business and commercial litigation, trade secrets, intellectual property, unfair business practices, products liability, and environmental toxic torts. Mr. Niemann is co-chair of Keller and Heckman’s national litigation practice, along with Arthur S. Garrett III. He is also the co-chair of the Food Law Committee of the Litigation Section of the California State Bar Association.

Mr. Niemann has extensive experience with class actions, multidistrict litigation, mass torts and major complex cases. He has represented many clients as their national and regional coordinating trial counsel handling hundreds of cases and coordinating the matters with attorneys throughout the United States. His experience in over 35 years of practice includes representation of manufacturers, distributors, inventors and component suppliers of pharmaceutical products, medical devices, healthcare and food products and various consumer products.

Mr. Niemann has represented manufacturing, food and beverage, and numerous consumer and construction equipment manufacturers for contract disputes, royalties, indemnity issues, product labeling and product liability. He has also represented companies for breach of contract, fraud, business torts, unfair competition, unfair business practices and false advertising. Within the tobacco industry, Mr. Niemann has successfully represented e-cigarette and e-liquid manufacturers, suppliers and retailers in intellectual property, contract matters and in consumer class actions.

Mr. Niemann has represented potentially responsible parties in environmental toxic tort litigation including CERCLA litigation, toxic spill litigation, vapor and chemical intrusion, site contamination, personal injury and biomonitoring.

Mr. Niemann is actively involved in ADR proceedings as a litigant and as a neutral. He presides frequently over civil arbitrations, mediations and as a Judge Pro Tem. He has arbitrated/mediated hundreds of matters in his career, and serves as a Judge Pro Tem for the San Francisco Superior Court for settlement conferences and trials. He is also an appointed arbitrator for the Counties of San Francisco and Marin.

Mr. Niemann is AV® Preeminent™ Rated by Martindale-Hubbell. He was selected as a California “Super Lawyer” in 2017 marking his 10th year with this recognition. Additionally, Mr. Niemann was named a top rated IP lawyer, a top rated lawyer in Mass Torts Law, and a top rated lawyer for Energy Law, Environmental Law and Land Use Law by American Lawyer Media and Martindale-Hubbell.

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  • Posted in:
    Food, Drug & Agriculture
  • Blog:
    The Continuum of Risk
  • Organization:
    Keller Heckman
  • Article: View Original Source

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