FDA’s approach to a premarket tobacco product application (PMTA) raises new questions about whether its marketing denial order was arbitrary and capricious and whether the deliberative-process exemption justifies its withholding of related records. The Agency’s approach is partially documented in a memorandum that FDA disclosed in response to a Freedom of Information Act request, and
Robert Claiborne works primarily in the areas of litigation and compliance on behalf of tobacco manufacturers, distributors, retailers, and suppliers.
FTC and Six States Sue Roomster Over Alleged Deception, Including Fake Reviews
The FTC and six states allege violations of the FTC Act and various state statutes, prohibiting deceptive trade practices (state UDAP statutes) at a cost of over $27 million to consumers.
Roomster Corp. (Roomster) operates a website and app that can be used, in exchange for payment, to find and connect with roommates or rooms/properties…
State Taxation of Remote Sellers: US Supreme Court Declines Review of First Post-Wayfair Decision from a State Supreme Court
In determining whether the commerce clause of the U.S. Constitution prohibits a state’s taxation of a remote seller, the U.S. Supreme Court for decades has upheld a tax if (1) there is a substantial nexus between the taxing state and the taxpayer; (2) the tax is fairly apportioned; (3) the tax does not discriminate against…
House Oversight and Senate Judiciary Committees Scrutinize Agencies’ FOIA Implementation, Resulting in DOJ Guidelines and Testimony
With the House Committee on Oversight and Reform and the Senate Committee on the Judiciary raising concerns over agencies’ FOIA compliance, the U.S. Department of Justice has responded with FOIA guidelines and related testimony before the Senate Committee on the Judiciary.
The past two months have seen Congress and the U.S. Department of Justice (DOJ)…