The new European Union (EU) General Data Protection Regulation (GDPR) replaces the Data Protection Directive on May 25, 2018 and will directly impact all companies, including vapor product retailers and businesses, that market and sell products to consumers in the EU and/or employ residents of the EU. The reforms will give European consumers new rights
FDA Inspection Proposal Provides Valuable Insight Into Scope of Investigations; Register for Upcoming SFATA Webinar on May 2, 2018
At yesterday’s meeting with the U.S. House Subcommittee on Agriculture and Rural Development to discuss FDA’s Fiscal Year 2019 budget, Food and Drug Administration (FDA) Commissioner Scott Gottlieb discussed the Agency’s regulation of the tobacco industry and noted, among other things, that when all the requirements for the newly deemed products, including vapor products, went
Revised FDA Ingredient Listing Guidance for Tobacco Products Published, Exempts Non-Consumable Product Hardware and Components and Parts From Section 904(a)(1) Listing Requirement
The vapor device industry has been requesting FDA for years to exempt devices from the Tobacco Control Act Section 904(a)(1) ingredient listing requirement, respectfully arguing, among other things, that the information required for non-consumable hardware products and components provides no meaningful information to FDA that would help it protect the public health.[1] On April
FDA’s May 8, 2018 Ingredient Listing Deadline Approaching for Large Manufacturers of Deemed Tobacco Products; New FDA eSubmitter Instructions and Ingredient Spreadsheets Now Available
Per Section 904(a)(1) of the Tobacco Control Act (TCA), one of the core requirements for manufacturers, including manufacturers of deemed tobacco products such as e-liquid, vapor devices, cigars and hookah, is the requirement to submit to the Food and Drug Administration (FDA) a list of all ingredients that are “added by the manufacturer to the
Highlights from Keller and Heckman’s 2018 E-Vapor and Tobacco Law Symposium and Survey – Where Should We Host Next Year?
The 2nd Annual Keller and Heckman E-Vapor and Tobacco Law Symposium held on February 6-7, 2018 in Irvine, California was a huge success with over 100 attendees from all over the country and world. Check out the highlight video below. We are in the process of securing a location for next year’s symposium and
FDA Issues Advanced Notice of Proposed Rulemakings Regarding Premium Cigars and Tobacco Product Flavors
In FDA’s latest effort to implement its comprehensive plan for tobacco and nicotine regulation, the Agency published two additional advanced notice of proposed rulemakings (ANPRMs) concerning regulation of premium cigars and tobacco product flavors. Specifically, on March 21, 2018, the FDA published an ANPRM, “Regulation of Flavors in Tobacco Products,” which solicited comments on, among
FDA Issues Advanced Notice of Proposed Rulemaking on Potentially Lowering Nicotine Levels in Combustible Cigarettes to Minimally or Non-Addictive Levels
In the U.S. Food and Drug Administration’s (FDA’s) latest effort to implement its comprehensive regulatory plan[1] to shift the trajectory of tobacco-related disease and death, the Agency issued, on March 15, 2018, an advanced notice of proposed rulemaking (ANPRM) to obtain information for consideration in developing a tobacco product standard to set a
U.S. Smokeless Tobacco Company, a Subsidiary of Altria, Challenges FDA’s Substantial Equivalence Reporting Process in New Lawsuit
On February 2, 2018, U.S. Smokeless Tobacco Company LLC (UST), a wholly owned subsidiary of Altria Group, Inc., filed suit against the U.S. Food and Drug Administration (FDA), U.S. Department of Health and Human Services (HHS), HHS Secretary Alex Azar, and FDA Commission Scott Gottlieb in the U.S. District Court for the District of Columbia
Keller and Heckman LLP Launches Audit and Inspection Program for Vapor and Tobacco Product Manufacturing Establishments
February 26, 2018 – Keller and Heckman LLP is pleased to announce the introduction of its Audit and Inspection Program (AIP) for Tobacco and Vapor Product Manufacturing Establishments.
The AIP was developed in response to the Food and Drug Administration’s (FDA) inspection authority under the Food, Drug, and Cosmetic Act (FDCA or the Act), as
Amicus Briefs Filed in Support of Deeming Rule Appeal by Washington Legal Foundation, NJOY, CASAA, the State of Iowa and Clive Bates, et al.
On February 20, 2018 several organizations filed amicus (“friend of the court”) briefs in support of Plaintiff-Appellants Nicopure Labs’ and the Right to be Smoke-Free Coalition’s appeal in the Deeming Rule challenge now pending in the U.S. Court of Appeals for the D.C. Circuit.
The Washington Legal Foundation (WLF) is a nonprofit, public-interest law firm