Reposted from Keller and Heckman’s Blog, The Daily Intake On September 11, 2019 President Trump, along with HHS Secretary Azar and FDA Commissioner Sharpless, announced that the Food and Drug Administration (FDA) intends to soon finalize a compliance policy to prioritize enforcement of the premarket authorization requirements against non-tobacco flavored e-cigarettes. E-cigarettes on the market as of August 8, 2016, the effective date of FDA’s “Deeming Rule”, are currently allowed to be marketed until Premarket Tobacco…

Small businesses are facing serious compliance burdens as a result of the Consumer Product Safety Commission (CPSC)’s recent interpretation of the Child Nicotine Poisoning Prevention Act (CNPPA). Keller and Heckman partner Sheila Millar testified on behalf of the E-Vapor Coalition about the adverse impact at the Small Business Administration’s (SBA) regulatory fairness hearing held on August 19, 2019. As we previously reported, CPSC’s enforcement position on requirements for e-liquid packaging exceeds its statutory authority,…

A coalition of state and national vapor trade associations[i] has moved to intervene in and appeal the District Court for the District of Maryland’s decision in American Academy of Pediatrics, et al. v. FDA, Case No. 8:18-cv-00883, which drastically accelerated the Premarket Tobacco Product Application (PMTA) deadline for vapor products to May 11, 2020. The trade associations moved to intervene on August 9, 2019 for the purpose of appealing the final judgment, including the…

Electronic cigarettes may soon become much more widely available in the world’s largest tobacco market: The People’s Republic of China. With over 300 million smokers, China has the world’s largest smoking population – which directly results in approximately 1 million deaths annually. [1] While the global e-cigarette market has experienced rapid growth over the last decade, reduced-harm products have only recently started becoming popular domestically, despite the fact that the modern e-cigarette was invented in…

Electronic cigarettes may soon become much more widely available in the world’s largest tobacco market: The People’s Republic of China. With over 300 million smokers, China has the world’s largest smoking population – which directly results in approximately 1 million deaths annually. [1] While global e-cigarette market has experienced rapid growth over the last decade, reduced-harm products have only recently started becoming popular domestically, despite the fact that the modern e-cigarette was invented in China,…

As we reported previously, the Consumer Product Safety Commission (CPSC) recently announced that it considers flow restricted containers for nicotine containing e-liquids to be required under the Child Nicotine Poisoning Prevention Act of 2015 (CNPPA). Boaz Green was interviewed by Regulator Watch regarding CPSC’s recent enforcement actions, industry’s response, and the options available to companies receiving Notices of Violation from CPSC. To watch the full interview, click here.…