On June 22, 2023, FDA announced it had issued warning letters to 189 retailers for selling unauthorized flavored tobacco products manufactured by Elf Bar and Esco Bar brands. This enforcement action comes on the heels of earlier aggressive action by
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 6
Experts Recommend FDA Adopt an Enhanced Regulatory Strategy for Nicotine and Tobacco Products to Help Reach Cancer Moonshot Goals
As we previously reported, the Reagan-Udall Report evaluated FDA’s Center for Tobacco Products (CTP) and reported that stakeholders were concerned over, among other things, a lack of clear guidance and transparency regarding regulations, the premarket review process, and enforcement…
Keller and Heckman Files Supreme Court Amicus Brief on Behalf of Public Health Experts in Support of Avail Vapor’s Cert Petition Challenging FDA’s Marketing Denial Order
On June 14, 2023, Keller and Heckman Partners Eric Gotting and Azim Chowdhury, on behalf of a group of public health experts, filed an amicus brief with the Supreme Court of the United States (SCOTUS) in support of Avail Vapor’s…
Keller and Heckman Tobacco and E-Vapor Attorneys to Speak at Upcoming Industry Events
On June 7, Partner Kathryn (Katie) Skaggs will present at the Food and Drug Law Institute’s (FDLI) Legal and Practical Issues in Cannabis Regulation virtual event, to be held June 7 – 8, 2023. Katie will participate on the panel,…
The Reagan Udall Foundation – A Critical Evaluation of FDA’s Center for Tobacco Products
I. Reagan-Udall Report
In July 2022, the Food and Drug Administration (FDA) Commissioner, Dr. Robert Califf, released a public statement saying the agency “has confronted a series of challenges that have tested our regulatory frameworks and stressed the agency’s operations.” As…
News Alert: Public Consultation on the EU’s Tobacco Products Legislation: Comment Period Open Until May 16, 2023
On February 21, 2023, the European Commission opened a public consultation[1] seeking feedback on the performance of the current legislative framework for tobacco products, and ways that the legislation could be improved. All interested stakeholders can submit comments until…
FDA Publishes Proposed Rule on Tobacco Product Manufacturing Practices
FDA Files Civil Money Penalty Complaints Against Four Small Vape Shops for Alleged Premarket Review Violations
The EU’s Tobacco Products Directive: Revisiting the Requirements and Updates on Heated Tobacco Products
To be placed on the European Union market, tobacco and related products must comply with specific requirements and procedures, harmonized at the European level by Directive 2014/40/EU concerning the manufacture, presentation, and sale of tobacco and related products (hereinafter the…

