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 June, the Appellate Court of Illinois upheld an assessment of over $314 million against Sam’s Club for unpaid county cigarette excise taxes, including a 10% late fee, a 25% penalty, and accrued interest. The assessment...more
7/21/2025
/ Administrative Law Judge (ALJ) ,
Appeals ,
Double Taxation ,
Due Process ,
Excise Tax ,
Failure To Pay ,
IL Supreme Court ,
Litigation Strategies ,
Local Taxes ,
Retail Market ,
Retailers ,
State and Local Government ,
State Taxes ,
Tax Assessment ,
Tax Liability ,
Tobacco Regulations
In mid-January, a bipartisan coalition of nine state attorneys general, as well as the Washington, D.C., attorney general, announced a coordinated effort to curb illicit electronic cigarette sales. The attorneys general of...more
6/19/2025
/ Civil Investigation Demand ,
E-Cigarettes ,
Enforcement Actions ,
Food and Drug Administration (FDA) ,
Preemption ,
Public Health ,
Regulatory Agenda ,
Regulatory Reform ,
Retail Market ,
Retailers ,
State Attorneys General ,
Tobacco ,
Tobacco Regulations ,
Warning Letters
In late June, the U.S. District Court for the District of Montana held that federal law preempts the Montana Attorney General (AG) from removing the cigarette brands of Grand River Enterprises Six Nations, Ltd. (Grand River)...more
7/19/2024
/ E-Cigarettes ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Manufacturers ,
Montana ,
Preemption ,
Regulatory Agenda ,
Retail Market ,
State Attorneys General ,
Tobacco ,
Tobacco Regulations ,
Vaping
In the first half of 2024, the U.S. Food and Drug Administration (FDA) has continued to ramp up efforts to limit sales of unauthorized electronic nicotine delivery systems (ENDS). We previously reported on FDA’s heightened...more
7/5/2024
/ Civil Monetary Penalty ,
Department of Justice (DOJ) ,
E-Cigarettes ,
FDA Warning Letters ,
Food and Drug Administration (FDA) ,
Injunctions ,
Life Sciences ,
Manufacturers ,
Retail Market ,
Retailers ,
Tobacco ,
Tobacco Regulations ,
Vaping ,
Warning Letters