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    Tobacco

    • Vape Shops Challenge Constitutionality of FDA’s Deeming RuleFebruary 2nd, 2018

      Vape shops in several states have banded together in litigation challenging the constitutionality of FDA’s Deeming Rule (for background information on that regulation, see our prior posting here). Plaintiffs are pursuing the litigation simultaneously in several federal district courts – perhaps with the objective of …

    • FDA Proposes To Delay Revision to Intended Use RegulationJanuary 23rd, 2018

      In 2015, FDA proposed to revise the intended use regulations, which describe how the agency determines the intended use of a drug or device, including the types of evidence that may be considered. FDA’s proposed rule would have deleted the infamous “knowledge” sentence, which could …

    • FDA Announces a Major Shake Up in Tobacco Regulatory PolicyJuly 30th, 2017

      In a stunning development, newly appointed FDA Commissioner Scott Gottlieb, M.D. held a briefing last Friday to announce a multi-year plan for tobacco and nicotine regulation.  The Commissioner’s remarks are available here, and a press release announcing the policy is available here. The Agency’s new approach …

    • For the Love of Money: The Trump Administration’s Fiscal Year 2018 FDA Budget PlanMay 23rd, 2017

      Cue up “For The Love of Money” by The O’Jays (and theme song of The Apprentice) . . . The Trump Administration’s Fiscal Year 2018 Budget Proposal is out! On May 23, 2017, The White House Office of Management and Budget released President Trump’s Fiscal Year …

    • FDA, Under New Leadership, Seeks More Comments on Rules Affecting Off-Label CommunicationsMay 19th, 2017

      Dr. Scott Gottlieb was sworn in as FDA’s 23rd Commissioner on May 11, 2017. There has been a lot of speculation about what policies he will prioritize for the Agency during his tenure.  A review of his background shows he has been an advocate for …

    • FDA Extends the Future Compliance Deadlines for Newly Deemed Tobacco Products by 90 DaysMay 16th, 2017

      As we previously reported, FDA issued a final rule in May 2016 that extended the agency’s authority to regulate all tobacco products, including e-cigarettes, cigars, hookah tobacco and pipe tobacco, among others. The final rule contained numerous compliance deadlines for manufacturers and retailers of these …

    • Delay Is a Good ThingMarch 22nd, 2017

      One and a half years since FDA first proposed changes, two months since the final rule was published, one month after objections threatening an Administrative Procedure Act challenge, and one day before the rules would have taken effect, FDA announced on Monday that it would …

    • Need Some Holiday Reading? Recent FDA Scholarship Worth a SpinDecember 29th, 2016

      Week 52 is often more laid back than any of the other 51 weeks in the calendar year. It offers us a chance to sift through and clean out the office in preparation for yet another busy year.  But it’s also a chance for this …

    • Will Any of FDA’s Recent Rules Wind Up On the Congressional Chopping Block?December 8th, 2016

      There has been a spate of recent news articles about the potential use of the Congressional Review Act (CRA) to overturn final rules issued toward the end of the Obama Administration. That prompted us to see which of FDA’s recently issued final rules might be …

    • FDA’s Final Deeming Regulations Covers all “Tobacco Products”May 10th, 2016

      By David B. Clissold – On May 10, 2016, FDA published in the Federal Register the final “deeming regulation” asserting control over all tobacco products, even products that do not yet exist, meeting the broad statutory definition of a “tobacco product.” Under the Family Smoking Prevention …

    • DC Circuit Vacates District Court Regarding TPSAC; Is the Menthol Report Back or in Limbo?January 18th, 2016

      By Jay W. Cormier & David B. Clissold –  As we reported 18 months ago here, in July of 2014 the District Court for the District of Columbia granted summary judgment for what is now R.J. Reynolds Tobacco Holdings, Inc. in a lawsuit that alleged that the FDA …

    • Swedish Match North America, Inc. First to Cross FDA’s PMTA Finish LineNovember 12th, 2015

      By David B. Clissold – On November 10, 2015, FDA announced that for the first time it has authorized the marketing of new tobacco products through the premarket tobacco application (PMTA) pathway.  The FDA press release describes marketing orders for eight Swedish Match North America, Inc. …

    • A Long Overdue Revision to the Intended Use RegulationOctober 18th, 2015

      By Jeffrey K. Shapiro – A determination of “intended use” is fundamental to FDA’s regulation of drugs and medical devices.  It is a primary basis for determining if an article is regulated by FDA at all, and if so, what regulatory requirements apply. The intended use of …

    • Senate and House Lawmakers Add to FDA’s To-Do List in Fiscal Year 2016 Appropriations BillsJuly 24th, 2015

      By Kurt R. Karst –       Earlier this month, legislation was introduced in both the U.S. Senate and U.S. House of Representatives to fund FDA for the next fiscal year: Fiscal Year 2016.  Both the Senate bill and the House bill, titled “Agriculture, Rural Development, Food and …

    • Proposed Legislation Would Link the “Grandfather” Date in the Tobacco Control Act to FDA’s Deeming RegulationsApril 30th, 2015

      By David B. Clissold – A bill, H.R. 2058, introduced into the House of Representatives is short in length, but potentially long on effect for many tobacco product manufacturers.  The Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act) established February 15, 2007 as the …

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