Topic
Electronic Cigarettes
335 published works
Regulatory Oversight
Feds Seize Illegal E-Cigarettes Worth Millions
By Bryan Haynes, Agustin Rodriguez, Nick Ramos
In May, we wrote about the Trump administration's first major enforcement action involving the importation of unauthorized e-cigarettes, in which the U.S. Food and Drug Administration (FDA) and U.S. Customs…
Tobacco Law Blog
High Court E-Cig Ruling Opens Door For FDA Challenges
By Bryan Haynes, Agustin Rodriguez, Michael Jordan, Sydney Goldberg
This article was originally published on August 29, 2025 on Law360 and is republished here with permission. On June 20, in U.S. Food and Drug Administration v. R.J. Reynolds Vapor…
Regulatory Oversight
FDA Sued Over Years-Long Internal Review of Flavored ENDS MDO
By Bryan Haynes, Agustin Rodriguez, Zie Alere
On August 21, 2025, NJOY, LLC (NJOY), a subsidiary of Altria Group, Inc., sued the U.S. Food and Drug Administration (FDA), alleging that the agency has unlawfully delayed rendering a…
Tobacco Law Blog
FDA Sued Over Years-Long Internal Review of Flavored ENDS MDO
By Troutman Pepper Locke Tobacco Practice, Bryan Haynes, Agustin Rodriguez, Zie Alere
On August 21, 2025, NJOY, LLC (NJOY), a subsidiary of Altria Group, Inc., sued the U.S. Food and Drug Administration (FDA), alleging that the agency has unlawfully delayed rendering a…
Regulatory Oversight
FDA Tobacco Civil Money Penalty Provisions Ruled Unconstitutional, but Not Enjoined Nationwide
By Agustin Rodriguez, Zie Alere
In early August, the U.S. District Court for the Northern District of Texas ruled that the civil money penalty (CMP) provision in the Food, Drug, and Cosmetic Act (FDCA) for…
Regulatory Oversight
Are State ENDS Directories Preempted? Federal Courts Are Split
By Bryan Haynes, Agustin Rodriguez, Michael Jordan
Over the past two years, at least 14 states have enacted laws requiring manufacturers of electronic nicotine delivery systems (ENDS) to certify the status of their federal premarket tobacco product…
Tobacco Law Blog
Are State ENDS Directories Preempted? Federal Courts Are Split
By Bryan Haynes, Agustin Rodriguez, Michael Jordan
Over the past two years, at least 14 states have enacted laws requiring manufacturers of electronic nicotine delivery systems (ENDS) to certify the status of their federal premarket tobacco product…
The Continuum of Risk
FDA Authorizes JUUL Labs ENDS Products for U.S. Market
By Azim Chowdhury, LieAnn T. Van-Tull
On July 17, 2025, the U.S. Food and Drug Administration (FDA) issued Marketing Granted Orders (MGOs) to JUUL Labs Inc. (JUUL), authorizing for sale JUUL's tobacco- and menthol-flavored pod-based electronic…
Tobacco Law Blog
Supreme Court Says Affected Retailers May Challenge ENDS Manufacturer’s Marketing Denial Orders
By Bryan Haynes, Agustin Rodriguez, Michael Jordan, Sydney Goldberg
On June 20, the Supreme Court concluded that marketing denial orders (MDOs) issued by the Food and Drug Administration (FDA) can be challenged not only by the applicants (typically, the…
Regulatory Oversight
Supreme Court Says Affected Retailers May Challenge ENDS Manufacturer’s Marketing Denial Orders
By Bryan Haynes, Agustin Rodriguez, Sydney Goldberg, Michael Jordan
On June 20, the Supreme Court concluded that marketing denial orders (MDOs) issued by the Food and Drug Administration (FDA) can be challenged not only by the applicants (typically, the…