The California Department of Resources Recycling and Recovery (CalRecycle) is currently working on a rulemaking to implement SB 1215, which revised the state’s Covered Electronic Waste Recycling Program (E-Waste Recycling Program) to include covered battery-embedded products. These are generally
The Continuum of Risk
A Law Blog for Vapor, Tobacco and Reduced-Harm Product Companies
The Continuum of Risk blog, published by Keller Heckman, focuses on legal and regulatory issues affecting vapor, tobacco, and reduced-harm product companies. It covers topics such as FDA regulatory actions, premarket tobacco product applications (PMTAs), marketing denial orders, state and federal compliance requirements, and evolving policies on electronic nicotine delivery systems (ENDS) including e-cigarettes and nicotine pouches. The blog also addresses environmental regulations related to tobacco products, industry litigation, and international regulatory developments. It serves as a resource for manufacturers, suppliers, and retailers navigating the complex and changing legal landscape of tobacco and vapor products.
Latest from The Continuum of Risk - Page 3
FDA Scores Win in Wages, but Industry Eyes Fifth Circuit Remand in Flavored Vape PMTA Denial Challenge
On April 2, 2025, the U.S. Supreme Court issued its decision in the Wages and White Lion Investments d/b/a Triton Distribution (hereafter “Triton”) Premarket Tobacco Product Application (PMTA) Marketing Denial Order (MDO) challenge. In a 9-0 unanimous ruling, the…
Webinar: Update on EU Regulations of E-Vapor and Nicotine Pouches
Update on EU Regulations of E-Vapor and Nicotine Pouches
Date: Thursday, 08 May 2025Time: 4:30 PM – 5:30 PM CET | 10:30 AM – 11:30 AM EDTDuration: 60 minutesCost: ComplimentaryRegistration: Click Here
Keller and Heckman LLP is pleased to announce a complimentary webinar, Update…
FDA Issues First Marketing Authorization for Oral Nicotine Pouches
New Extended Producer Responsibility Requirements for Companies Selling Tobacco and Nicotine Products in Single-Use Packaging
A wave of new “Extended Producer Responsibility” or “EPR” programs is beginning to impact companies placing packaged products, including tobacco products, on the market in U.S. states, including California, Colorado, Maine, Minnesota, and Oregon.
The…
CTP Advances Proposal to Set Maximum Nicotine Level in Cigarettes
On December 10, 2024, the U.S. Food and Drug Administration (FDA or the Agency) Center for Tobacco Products (CTP) advanced a proposal to set a maximum nicotine level in cigarettes and certain other combusted tobacco products. The Agency requested the…
Keller and Heckman Co-Authored Upcoming FDLI Publication on Nicotine Delivery Products
Agenda and Keynote Speaker Announced – Keller and Heckman’s 9th Annual E-Vapor and Tobacco Law Symposium
California Bans Online Sales of Flavored Tobacco Products Effective January 1, 2025
On August 28, 2024, the California legislature passed two laws – Assembly Bill 3218 (“AB 3218”) and Senate Bill 1230 (“SB 1230”) – that expand the scope of the state’s enforcement powers against flavored tobacco products. These laws, which have…
Oregon Court Strikes Down Vape Packaging Law as Unconstitutional Violation of Free Speech
On October 16, 2024, the Oregon Court of Appeals in Bates v. Oregon Health Authority made a significant ruling by overturning a law restricting the packaging of e-cigarette and cannabis products on the grounds that the law is an…
