The California Department of Resources Recycling and Recovery (CalRecycle) is currently working on a rulemaking to implement SB 1215, which revised the state’s Covered Electronic Waste Recycling Program (E-Waste Recycling Program) to include covered battery-embedded products. These are generally products containing batteries that are “not designed to be easily removed from the product by
E-Cigarette
Agenda and Keynote Speaker Announced – Keller and Heckman’s 9th Annual E-Vapor and Tobacco Law Symposium

We are excited to announce the agenda for Keller and Heckman’s 2025 E-Vapor and Tobacco Law Symposium, featuring Keynote Speaker, Dr. Brian King, Director of FDA’s Center for Tobacco Products (CTP). Click here to view the full program agenda.
Register now to join us Monday, January 27 – Tuesday, January 28, 2025, in Las…
Oregon Court Strikes Down Vape Packaging Law as Unconstitutional Violation of Free Speech


On October 16, 2024, the Oregon Court of Appeals in Bates v. Oregon Health Authority made a significant ruling by overturning a law restricting the packaging of e-cigarette and cannabis products on the grounds that the law is an unconstitutional restriction on free speech.
The law in question, ORS. 431A.175(2)(f), prohibited an “inhalant…
FDA Authorizes First Menthol-Flavored Vapor Products


On June 21, 2024, FDA issued marketing granted orders (MGOs) to NJOY LLC for two non-tobacco flavored electronic nicotine delivery system (ENDS) products, the DAILY 4.5% and DAILY EXTRA 6% disposable devices, along with two ACE 2.4% and 5% pre-filled pods. All four of these NJOY ENDS products are menthol flavored. This FDA action, the…
5th Circuit Issues Blistering Critique of FDA’s Handling of PMTAs for E-Cigarettes



In a long-anticipated decision, the U.S. Court of Appeals for the Fifth Circuit ruled against FDA on January 3, 2024, criticizing the Agency for its handling of Wages and White Lion Investments, LLC, d/b/a Triton Distribution and Vapetasia LLC (“Vapetasia”) (collectively, “Triton”) premarket tobacco product applications (“PMTAs”) for its non-tobacco flavored, open-system e-liquid products.
Azim Chowdhury Quoted in Law360 Article on Legislation to Watch in 2024
Keller and Heckman Partner Azim Chowdhury was interviewed for the Law360 article, “Product Liability Regulation And Legislation To Watch In 2024.” The article outlines a few different regulatory and legislative developments happening in 2024, including more enforcement in the e-cigarette industry. Azim noted that the industry will most likely see enforcement against unauthorized flavored disposable…
FDA Guest Speaker Announced – Keller and Heckman’s E-Vapor and Tobacco Law Symposium
Keller and Heckman is pleased to announce the addition of a distinguished keynote speaker for the 2024 E-Vapor and Tobacco Law Symposium. Dr. Brian King, Director of FDA’s Center for Tobacco Products (CTP), will provide expert insight into current issues facing the industry. More information regarding this valuable keynote presentation will be available soon.
Agenda Announced – Keller and Heckman’s E-Vapor and Tobacco Law Symposium
We are excited to announce the agenda for Keller and Heckman’s 2024 E-Vapor and Tobacco Law Symposium. Click here to view the program agenda, and don’t forget to register by this Friday for your last chance to save $200!
Register now to join us Monday, January 29 – Tuesday, January 30, 2024, in Las Vegas…
2023 National Youth Tobacco Survey Shows Significant Decline in High School Vaping



On November 2, 2023, the U.S. Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) released data from the 2023 National Youth Tobacco Survey (“NYTS”), a cross-sectional, school-based, self-administered, web-based survey of U.S. middle school (grades 6-8) and high school (grades 9-12) students. The NYTS has been conducted periodically during…
Largest U.S. E-Cigarette Clinical Trial Confirms Role in Smoking Cessation


A new study published this month in The Lancet’s eClinical Medicine – the largest electronic cigarette (e-cigarette) clinical trial in the U.S. to date – confirms the role of e-cigarettes in smoking cessation. Specifically, the new research supports that e-cigarettes can be a viable means of quitting or reducing more harmful combustible cigarette use for…