How Big Tobacco Handles Lawsuits -- Attrition and Wait for Deaths
Yet again, the premium cigar industry has prevailed in federal court against the U.S. Food and Drug Administration (FDA). FDA appealed a federal district court decision vacating its rule (the Deeming Rule) subjecting premium...more
Recent Freedom of Information Act (FOIA) litigation raises an interesting question: When federal agency action requires analyses under a holistic, multi-factor statutory standard, may the agency withhold from disclosure as...more
E-cigarettes and vaping have steadily become more popular over the past 15 years, with many e-cigarette users unaware that the products they have been consuming are not approved for use by the U.S. Food and Drug...more
The Biden Administration will ban menthol cigarettes and flavored cigars with new regulations to be issued within the next year - actions that Big Tobacco is expected to battle but which proponents say could have big health...more
On 10, December 2019, the United States Court of Appeals for the D.C. Circuit ruled in support of actions by the Food and Drug Administration (“FDA”) on the regulation and classification of electronic nicotine delivery system...more
Massachusetts Supreme Judicial Court Holds Failure-to-Warn Claim Against Drug Manufacturer Not Preempted Because There Was No “Clear Evidence” FDA Would Not Have Approved Plaintiffs’ Suggested Warning; Also Holds...more