Keller and Heckman Partner Azim Chowdhury authored the Filter article, “Fundamental Flaws of Tobacco Control Act—and FDA’s Implementation,” published on November 14, 2022. The article discusses the Tobacco Control Act, passed by Congress in 2009, which gave the U.S. Food and Drug Administration (FDA) authority over tobacco and nicotine products. Azim describes some of the flaws in the law, primarily the premarket authorization requirement for “new” tobacco products. “Preexisting products, including the combustible cigarette, can mostly escape FDA scrutiny. But new and potentially reduced-harm products have an enormous regulatory hurdle,” writes Azim. The article also explains that FDA’s implementation of the statute has also been “fundamentally flawed from the beginning.” Azim concludes the article by suggesting measures the FDA can take to successfully implement the Tobacco Control Act, and therefore protect public health.

To read the full article, please click here.

Be sure to register for Keller and Heckman’s Annual E-Vapor and Tobacco Law Symposium on February 15 – 16, 2023, in Irvine, California. Details and registration information can be found here.