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Tobacco Law Blog Blog

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Federal Court Bars Enforcement of Virginia Vapor Directory, Pending Fourth Circuit Ruling

USA - December 24 2025 We recently covered this case here, in which a small manufacturer and retailer sued the Virginia attorney general (AG) and tax commissioner in the U…

Virginia’s Vapor Product Directory Challenged in Federal Court

USA - December 2 2025 Earlier this fall, a small manufacturer and retailer (the Plaintiffs) sued Virginia Attorney General (AG) Jason Miyares and Tax Commissioner James…

FDA Takes Cigarette Graphic Health Warnings Fight to Eleventh Circuit

USA - November 12 2025 On October 27, FDA appealed a decision of the U.S. District Court for the Southern District of Georgia that vacated the agency’s 2020 rule requiring…

California Finalizes Unflavored Tobacco List Regulations

USA - September 23 2025 In August, the California Department of Justice (DOJ) finalized regulations to implement California’s unflavored tobacco list (UTL) law, which the…

Feds Seize Illegal E-Cigarettes Worth Millions

USA - September 15 2025 In May, we wrote about the Trump administration’s first major enforcement action involving the importation of unauthorized e-cigarettes, in which the…

Drawback Claims Are Increasingly a Boon for Cigarette Importers

USA - September 3 2025 Importers of smoking tobacco products, particularly cigarettes, are increasingly saving millions in federal Excise taxes by employing a refund…

FDA Sued Over Years-Long Internal Review of Flavored ENDS MDO

USA - August 27 2025 On August 21, 2025, NJOY, LLC (NJOY), a subsidiary of Altria Group, Inc., sued the U.S. Food and Drug Administration (FDA), alleging that the agency…

FDA Tobacco Civil Money Penalty Provisions Ruled Unconstitutional, But Not Enjoined Nationwide

USA - August 7 2025 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…

Are State ENDS Directories Preempted? Federal Courts Are Split

USA - July 24 2025 Over the past two years, at least 15 states have enacted laws requiring manufacturers of electronic nicotine delivery systems (ENDS) to certify the…

Indian Tribe Fights With ATF Over Applicability of PACT Act to Its Cigarette Sales

USA - July 21 2025 In 2023, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) placed Twenty-Nine Palms Band of Mission Indians (Twenty-Nine Palms), a…