The U.S. Court of Appeals for the Fifth Circuit recently ruled in NicQuid, L.L.C. v. FDA, No. 24-60272 (5th Cir. Aug. 19, 2026), that the U.S. Food and Drug Administration’s (FDA) “comparative efficacy standard” is a substantive rule that was
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Tobacco Manufacturers and Retailers Sue the FDA Over Its Premarket Review Rule
On September 2, 2026, a group of tobacco product manufacturers and retailers filed a complaint in federal court, the U.S. District Court for the Northern District of Texas, challenging the U.S. Food and Drug Administration’s (FDA) 2021 premarket tobacco product
Appellate Vape Rulings May Expand State Regulation Powers
Key Takeaways From FTA’s 100th Tobacco Tax Section Annual Meeting
Our team recently attended, and presented at, the 100th Annual Meeting of the Federation of Tax Administrators (FTA) Tobacco Tax Section in Washington, D.C., which brought together state tobacco tax administrators, excise tax professionals, attorneys general, compliance officers, tax filing
Fifth Circuit Affirms Postponement of FDA’s Cigarette Graphic Health Warning Rule
The U.S. Food and Drug Administration (FDA) cigarette graphic health warning saga continues. On August 18, 2026, the U.S. Court of Appeals for the Fifth Circuit issued a decision in R.J. Reynolds Tobacco Co. v. FDA, No. 25-40137, affirming the
Advocacy Groups Sue FDA Over May 2026 Enforcement Guidance — What Industry Needs to Know
As our Tobacco + Nicotine team previously reported, FDA’s May 8, 2026 guidance (the 2026 Guidance or the Guidance) on enforcement priorities for certain unauthorized ENDS and nicotine pouch products created a path for products with pending premarket tobacco
Federal Court Finds FDA Likely Failed to Assess Economic Impact of PMTA Rule on Small Nicotine Pouch Manufacturers
In June, the U.S. District Court for the Middle District of Florida made public an order that stayed a Food and Drug Administration (FDA) refuse to file (RTF) determination, finding that the FDA likely violated the Regulatory Flexibility Act (RFA)
FDA Proposes Foreign Manufacturing Establishment Registration and Product Listing Requirements
On June 29, 2026, the U.S. Food and Drug Administration (FDA) published a notice of proposed rulemaking (NPRM) titled “Establishment Registration and Product Listing for Tobacco Products,” which would, for the first time, require foreign tobacco product manufacturers to register
Nicotine Pouches Taxable as “Tobacco Products” in Texas, State Supreme Court Rules
The Texas Supreme Court (the Court) recently issued an important tax decision for modern oral nicotine products, such as nicotine pouches. In Hancock v. RJR Vapor Co., LLC, the Court held in favor of Acting Comptroller Hancock, finding that
EPR Takes a Drag: Maine Enacts Vape-Specific Stewardship Program
On April 23, 2026, Maine became the first U.S. state to enact an extended producer responsibility (EPR) law that targets “electronic smoking devices” used to consume nicotine and cannabis. The Act to Create a Stewardship Program for Electronic Smoking Devices