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 October, the Oregon Court of Appeals ruled that a law restricting the packaging of e-cigarettes violates the state constitution’s free speech protections. The decision illustrates the utility of free speech arguments...more
11/18/2024
/ Advertising ,
Constitutional Challenges ,
E-Cigarettes ,
Food & Drug Regulations ,
Free Speech ,
Marketing ,
Product Packaging ,
Public Health ,
Retail Sales ,
State Constitutions ,
Tobacco Regulations ,
Vaping