On April 2, 2025, the U.S. Supreme Court issued its decision in the Wages and White Lion Investments d/b/a Triton Distribution (hereafter “Triton”) Premarket Tobacco Product Application (PMTA) Marketing Denial Order (MDO) challenge. In a 9-0 unanimous ruling, the Supreme Court held that FDA did not act arbitrarily and capriciously when it denied the
A wave of new “Extended Producer Responsibility” or “EPR” programs is beginning to impact companies placing packaged products, including tobacco products, on the market in U.S. states, including California, Colorado, Maine, Minnesota, and Oregon.
The five EPR programs for packaging enacted thus far have different facets. However, at their core
On December 10, 2024, the U.S. Food and Drug Administration (FDA or the Agency) Center for Tobacco Products (CTP) advanced a proposal to set a maximum nicotine level in cigarettes and certain other combusted tobacco products. The Agency requested the White House Office of Management and Budget (OMB) expedite a proposed tobacco product standard in
Keller and Heckman Tobacco and E-Vapor attorneys, led by Partner Azim Chowdhury, co-authored with Latham & Watkins the upcoming Food and Drug Law Institute (FDLI) publication, “Nicotine Delivery Products: Navigating FDA’s Policies and Regulations in a Dynamic Environment.” The following Keller and Heckman attorneys also contributed: Kathryn Skaggs, Neelam Gill, LieAnn Van-Tull, Thomas Smith, Kelsey
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
On August 28, 2024, the California legislature passed two laws – Assembly Bill 3218 (“AB 3218”) and Senate Bill 1230 (“SB 1230”) – that expand the scope of the state’s enforcement powers against flavored tobacco products. These laws, which have been signed by the Governor and are set to go into effect on January 1
Save the date for Keller and Heckman’s 9th Annual E-Vapor and Tobacco Law Symposium, taking place on January 27 – 28, 2025, in Las Vegas, NV, right before the Total Product Expo (TPE)! This two-day seminar is designed to provide in-depth knowledge on legal, regulatory and scientific issues that are essential for tobacco
Keller and Heckman Partner Azim Chowdhury will present at the 2024 New Approaches Summit: Saving Lives in the 21st Century. The summit will be held in New York, New York on September 23, 2024. The overall focus of the summit this year is on how policy, innovation, and technological advancements can collectively prevent one billion
On May 4, 2022, the U.S. Food and Drug Administration (FDA) initiated a notice and comment rulemaking process to ban menthol-flavored cigarettes and all characterizing flavors in cigars and cigarillos.[1] Recently, Health and Human Secretary Xavier Becerra announced the ban on menthol-flavored cigarettes will be delayed indefinitely. This article explores the long history of
On December 18, 2023, Dr. Brian King, the Director of FDA’s Center for Tobacco Products announced the Center’s new five-year strategic plan which outlines the Center’s programmatic and workforce initiatives and includes five goals, ten outcomes, and several corresponding objectives.
The new strategic plan incorporates recommendations from the Reagan-Udall Foundation report published in December 2022.
