News & Analysis as of

E-Cigarettes Retailers

Troutman Pepper Locke

Are State ENDS Directories Preempted? Federal Courts Are Split

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Over the past two years, at least 15 states have enacted laws requiring manufacturers of electronic nicotine delivery systems (ENDS) to certify the status of their federal premarket tobacco product applications (PMTAs) in...more

Troutman Pepper Locke

Supreme Court Says Affected Retailers May Challenge ENDS Manufacturer’s Marketing Denial Orders

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On June 20, the Supreme Court concluded that marketing denial orders (MDOs) issued by the Food and Drug Administration (FDA) can be challenged not only by the applicants (typically, the manufacturer or importer of the...more

Troutman Pepper Locke

Unpacking the Illicit E-Cigarette Crackdown by State AGs

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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

Mintz - Intellectual Property Viewpoints

Regulation, Enforcement, and Associated Challenges of the ENDS Industry: Part I

In 2016, the U.S. Food and Drug Administration (FDA) began regulating all manufacturers, retailers, and distributors of electronic nicotine delivery systems (ENDS) with following the agency’s promulgation of the Final Deeming...more

Troutman Pepper Locke

FDA Unauthorized ENDS Enforcement: 2024 Mid-Year Roundup

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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

Cozen O'Connor

AG Tong Takes a Hit at Sellers of Illegal, High-THC Marijuana Products

Cozen O'Connor on

Connecticut AG William Tong filed enforcement actions against three cannabis wholesalers and four cannabis retailers operating in the state, alleging that they are unlawfully selling potent, high-THC cannabis products, in...more

Troutman Pepper Locke

FDA Ramps Up Enforcement Against Flavored Disposable E-Cigarettes as External Pressures Mount

Troutman Pepper Locke on

In September, the U.S. Food and Drug Administration (FDA) issued two new rounds of warning letters to online retailers, manufacturers, and distributors for reportedly selling or distributing unauthorized e-cigarette products....more

Robins Kaplan LLP

Financial Daily Dose 11.20.2019 | Top Story: Utility PG&E Struggles with Fires and Path Out of Bankruptcy

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PG&E’s woes continue. Not only is the company still in the midst of a dangerous fire season, but it’s struggling to find a path out of bankruptcy while fending off a growing chorus of cities and state officials “threatening...more

Polsinelli

Retailer Liability for Vaping Products

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The recent outbreak of deaths and injuries associated with vaping is alarming—especially since there is no definitive cause determined as of now. As the investigation continues, everyone with a role in the manufacture,...more

Robins Kaplan LLP

Financial Daily Dose 9.23.2019 | Top Story: WeWork Board Considering Ousting CEO

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WeWork’s drama in past weeks—which includes a planned and postponed public offering thanks to rough financials and dicey corporate governance—is prompting the company to consider swapping out founder Adam Neumann as CEO to...more

Robins Kaplan LLP

Financial Daily Dose 9.12.2019 | Top Story: Purdue Pharma Reaches Tentative Comprehensive Opioid Crisis Settlement

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The White House is reportedly nearing a nationwide ban on most flavored e-cigarettes, a direct response to the recent spate of vaping-related illnesses that have affected hundreds across the country....more

Cozen O'Connor

The State AG Report Weekly Update - August 2019 #5

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2019 AG Elections- Lynn Fitch Secures Republican Nomination for Mississippi Attorney General in Runoff Election- Mississippi held a runoff election for the Republican AG primary race on August 27, 2019....more

Sheppard Mullin Richter & Hampton LLP

Regulating E-Cigarettes Remains “Top Priority” For FDA

On July 10, 2019 Ned Sharpless, M.D., the Acting Commissioner of the Food and Drug Administration (FDA) issued a statement reaffirming FDA’s commitment to overseeing the manufacturing, marketing, and sale of e-cigarettes. The...more

Farrell Fritz, P.C.

Local Vaping Laws Spark Legal Battles in New York

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Recently, a number of municipalities in New York have enacted local zoning laws restricting the locations where e-cigarettes and other vaping products may be sold. Although the rationale for these laws varies somewhat among...more

Morgan Lewis

FDA Clarifies Premarket Path for Ecigarette Products

Morgan Lewis on

The US Food and Drug Administration (FDA or the Agency) on June 11 issued the final guidance: “Premarket Tobacco Product Applications for Electronic Nicotine Delivery Systems” (the ENDS Guidance), which is intended to assist...more

Cozen O'Connor

The State AG Report Weekly Update June 2019 #2

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Antitrust- 10 Attorneys General Sue to Enjoin Merger of Major Wireless Phone Companies- 10 AGs, led by New York AG Letitia James and California AG Xavier Becerra, filed a lawsuit to enjoin T-Mobile US, Inc. and its parent...more

Tucker Arensberg, P.C.

Vape Store Owners – Did You Get Your Tax Refund?

Tucker Arensberg, P.C. on

Tax season for most individuals has drawn to a close, and you may or may not have been entitled to a refund from the IRS, but if you are an e-cigarette wholesaler or retailer you are almost certainly entitled to a tax refund...more

Nilan Johnson Lewis PA

Plaintiffs’ Lawyers Seek to Bring E-Cigarette Lawsuits to Minnesota

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High-profile cases of exploding e-cigarettes and vaping devices have made front-page news in recent months. In January 2019, a Texas man died after a vape pen he was using exploded in his face. This followed a similar death...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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The financial world has been busy—and generally not in a great way—since we’ve been gone.  Luckily, we’re returning on something of a rare high note after a stronger-than-expected December jobs report and some reassurance...more

Saul Ewing LLP

FDA Takes Sweeping Enforcement Action to Address “Epidemic” of Youth E-cigarette use, Could Move to Significantly Restrict...

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On Sept. 12, 2018, the U.S. Food and Drug Administration (FDA or the Agency) announced a series of significant enforcement actions related to the sale and marketing of e-cigarettes to minors. ...more

Cozen O'Connor

The State AG Report Weekly Update July 2018 #3

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Charities- Federal Trade Commission and Attorneys General of 50 States, DC, and US Territories Announce Coordinated Crackdown on Allegedly Fraudulent Veterans Charities- The Federal Trade Commission (“FTC”) and AGs...more

Harris Beach Murtha PLLC

FDA and FTC Issue Warnings Concerning e-Cigarette Marketing

The FDA and FTC jointly issued thirteen (13) warning letters to companies involved in the manufacture, distribution and retail of certain e-liquid products to be used in connection with e-cigarettes which feature packaging...more

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