At Keller and Heckman’s recent 10th Annual E-Vapor, Nicotine, and Tobacco Law Symposium in Las Vegas, Nevada, Partners Azim Chowdhury, David Ettinger, and Katie Skaggs—along with several guest speakers—were featured in RegWatch Briefs, a series hosted by Brent Stafford. The series spotlights concise discussions on key issues in the nicotine and tobacco space, including
FDA Authorizes Glas Flavored ENDS Products, Opening an Age-Gating Pathway for Flavors
On May 5, 2026, the U.S. Food and Drug Administration (FDA) issued marketing granted orders (MGOs) for four Glas closed-pod electronic nicotine delivery system (ENDS) products: Classic Menthol, Fresh Menthol, Gold (mango), and Sapphire (blueberry). The authorization is a significant development for the ENDS industry because the Gold and Sapphire are FDA’s first authorized non-tobacco
Pennsylvania’s New ENDS Directory Law Raises the Bar for Market Access
Pennsylvania has joined the growing group of states that condition ENDS sales on federal PMTA status. Enacted as Act 57 of 2025, House Bill 1425 adds Section 206-I to The Fiscal Code and directs the Pennsylvania Attorney General to maintain a directory of electronic cigarettes that may be sold in the Commonwealth. The law ties
China State Tobacco Monopoly Administration Expands Oversight to Nicotine Pouches and Smokeless Products
On January 9, 2026, China’s top tobacco regulator, the State Tobacco Monopoly Administration (STMA), published Announcement No. 1 of 20261, officially incorporating nicotine pouches and other “smokeless tobacco products” into its regulatory framework. According to the Announcement, “smokeless tobacco products” refer to tobacco products containing nicotine that are used orally, nasally, or externally
FDA Authorizes JUUL Labs ENDS Products for U.S. Market
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 nicotine delivery system (ENDS) products in the United States, reversing its previous position and marking a major regulatory milestone in the years-long evaluation of JUUL’s
California’s E-Waste EPR Program Continues to Exclude E-Cigarettes
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
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.