In August 2023, Judge Amit P. Mehta of the U.S. District Court for the District of Columbia partially vacated a Food and Drug Administration (FDA) rule that had “deemed” premium cigars subject to the Federal Food, Drug, and Cosmetic Act (FDCA), known as the “Deeming Rule.” This decision exempted premium cigars from FDA’s tobacco product authorities. In September 2023, however, FDA appealed, and the U.S. Circuit Court of Appeals for the D.C. Circuit is currently weighing the matter. So, what would it take for FDA to succeed on appeal, and what is at stake for the premium cigar industry?

On April 2, three advocacy organizations filed a complaint in the U.S. District Court for the Northern District of California seeking an order directing the U.S. Food and Drug Administration (FDA) to promulgate its already-proposed rule banning menthol as a characterizing flavor in combustible cigarettes. The case comes as FDA has missed several internal deadlines for promulgating a final rule on the topic.

The various forms of information reporting required by the Internal Revenue Code form the backbone of both voluntary compliance with tax laws and the starting point for audits by the Internal Revenue Service (IRS). One form that is particularly relevant in the cannabis space is IRS Form 8300, which implements the law that requires a business to report transactions involving cash payments of more than $10,000.

The Prevent All Cigarette Trafficking (PACT) Act, 15 U.S.C. § 375 et seq., is a federal law with two primary objectives: (1) to prevent federal and state tax evasion on tobacco products, and (2) to prevent sales of tobacco products to minors. Government agencies, increasingly concerned about cheap, untaxed products getting into the hands of underage consumers, are using the PACT Act’s enforcement tools to crack down on noncompliant companies.

If you are involved in the online sale and/or shipping of tobacco products, here are five things you need to know about the PACT Act.

Recently, a matter involving North Carolina Attorney General (AG) Josh Stein made headlines when it was announced that Affiliated Monitors Inc. would take over monitorship of HCA Healthcare. This relates to HCA’s compliance with the conditions set forth in an asset purchase agreement involving six North Carolina hospitals it acquired when it purchased Misson Health System in 2019 for $1.5 billion.[1] In addition to approving the asset purchase agreement, Stein sued HCA in a separate matter at the end of 2023 based on allegations of mismanagement, including inadequate staffing and lack of sterile equipment among other cost-cutting measures. While HCA is seeking dismissal of the lawsuit, in the asset purchase matter, both HCA and Stein consented to the use of a monitor, as well as this change. Stein stated, “[a] strong, independent and transparent monitor will go a long way in ensuring that HCA upholds it commitments” and “ensur[ing] that the people of western North Carolina have access to high-quality health care.”

“Today’s consumer protection challenges require an all-hands-on-deck response, and our report details how the FTC is working closely with state enforcers to share information, stop fraud, and ensure fairness in the marketplace[.]”[1]

On April 10, the FTC released a long-awaited report on its cooperation with state attorneys general (AGs). The theme of the report is clear: the FTC intends to continue its existing collaboration with AGs and enhance that collaboration through information-sharing and legislative changes.

On December 22, 2023, the National Defense Authorization Act for Fiscal Year 2024, Pub. L. No. 118-31, 137 Stat. 136 (2023) (NDAA 2024) went into effect. Among other things, NDAA 2024 includes a provision phasing out self-certification of service-disabled veteran-owned small businesses (SDVOSB) and requiring Small Business Administration (SBA) certification of SDVOSB program eligibility, not unlike the requirements for the HUBZone program. SDVOSBs and prime contractors, who seek to work with them to bid on and perform contracts set aside for SDVOSBs, should take note of these changes, which become effective October 1, 2025.