Author name: Dan Cotter

FDA Issues Final Guidance on Enforcement Priorities for ENDS and Other Deemed Products

Yesterday the FDA released its Final Guidance on “Enforcement Priorities for Electronic Nicotine Delivery Systems and Other Deemed Products on the Market Without Premarket Authorization.”  This is the updated, and final, version of the Draft Guidance originally released in March 2019.  The Final Guidance differs significantly from the Draft Guidance; most importantly, the Draft Guidance […]

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The Illinois Supreme Court Strikes Down Chicago OTP Tax

Today the Illinois Supreme Court issued a decision declaring the City of Chicago’s attempts to levy a municipal excise tax on cigars and pipe tobacco preempted and therefore invalid.  CAA and other industry members challenged Chicago’s imposition of a municipal excise tax on OTP in 2016.  Industry argued that Chicago was preempted by Illinois state

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FDA Defers Deeming Rule Deadlines For Three Months

Since July 15, 2016, Cigar Association of America (CAA), Cigar Rights of America (CRA), and the International Premium Cigar and Pipe Retailers Association (IPCPR) have been pursuing litigation in federal court against the United States Food and Drug Administration (FDA), challenging the FDA’s May 10, 2016 Rule deeming cigars and pipe tobacco to be tobacco products subject to FDA regulation.

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