We recently wrote about a federal case here and here involving key issues related to the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) authority to enforce the Prevent All Cigarette Trafficking Act (PACT Act)...more
8/18/2025
/ Appeals ,
ATF ,
Enforcement Actions ,
Enforcement Authority ,
Injunctions ,
Jurisdiction ,
Native American Issues ,
Noncompliance ,
PACT Act ,
Regulatory Authority ,
Statutory Interpretation ,
Tobacco ,
Tobacco Regulations ,
Tribal Governments
In early August, the U.S. District Court for the Northern District of Texas ruled that the civil money penalty (CMP) provision in the Food, Drug, and Cosmetic Act (FDCA) for tobacco products, 21 U.S.C. § 333(f)(9), is...more
8/8/2025
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Civil Monetary Penalty ,
Constitutional Challenges ,
Enforcement Actions ,
Enforcement Authority ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Jury Trial ,
Retail Market ,
SEC v Jarkesy ,
Seventh Amendment ,
Tobacco
In 2023, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) placed Twenty-Nine Palms Band of Mission Indians (Twenty-Nine Palms), a federally recognized Indian tribe that sells cigarettes on sovereign reservations...more
7/22/2025
/ Appeals ,
Common Carriers ,
Department of Justice (DOJ) ,
E-Cigarettes ,
Enforcement Actions ,
Enforcement Authority ,
Interstate Commerce ,
Judicial Review ,
Native American Issues ,
PACT Act ,
Regulatory Authority ,
Retail Market ,
Shipping ,
Sovereign Immunity ,
State and Local Government ,
Tobacco Regulations ,
Tribal Governments