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 there is pending litigation over other records that FDA continues to withhold.
On March 7, Fishman Group PC President Marc Fishman pled no contest on behalf of the firm to stealing client assets by filing false proofs of service in collections cases. Previously, Michigan Attorney General Dana Nessel charged the Michigan collections law firm and its attorneys with one count of maintaining a criminal enterprise. Per the court order, the Fishman Group must pay nearly $150,000 in full restitution to all improperly garnished debtors.
In this second of a two-part series, Stephen Piepgrass continues his discussion with colleagues Bryan Haynes, Agustin Rodriguez and Nick Ramos about significant developments in the tobacco industry during the past year, and their predictions on what to expect in the months ahead.
On March 7, Colorado Attorney General Phil Weiser announced a permanent Department of Law Consumer Mediation Program after a yearlong successful pilot program. Considering the department’s high number of complaints — nearly 18,000 national complaints in 2022 — the new program will enable the department to oversee informal negotiations to help resolve more consumer-business disputes, thereby increasing customer satisfaction.
The Virginia General Assembly recently passed — in both chambers — a bill to regulate delta-8 THC products in the commonwealth. The bill now awaits the governor’s signature. Governor Youngkin and the Republican-controlled House of Delegates have prioritized the control of these novel hemp-derived products over legislation to legalize the retail sale of adult-use marijuana, which will no longer begin in 2024.
On March 1, Illinois Attorney General Kwame Raoul filed suit against Energy Acquisitions Group LLC (EAG), seeking compliance with a Special Assistant Attorneys General’s (SPAAG) investigative subpoena concerning deceptive business practices of the alternative retail energy supplier industry (ARES). AG Raoul strives to bar EAG from conducting business in the state of Illinois — at the very least until EAG complies with the subpoena.
On February 22, Texas Attorney General Ken Paxton (R) moved for a preliminary injunction as a next step after previously filing a multistate lawsuit against the Biden administration to stop a new Department of Labor (DOL) rule that allegedly prioritizes environmental, social, and governance (ESG) investing over traditional financial investment principles.
On February 6 and January 30 respectively, Senator Bill Dodd (D) introduced Senate Bill 313 (SB 313), and Assemblymember Rebecca Baur-Kahan (D) initiated Assembly Bill 331 (AB 331) on artificial intelligence (AI).
The U.S. District Court of Washington decided all bets are off for Maverick Gaming LLC regarding its challenge to tribal casinos. Last week, Judge David Estudillo dismissed Maverick’s suit, which challenged a state law permitting sports betting at tribal casinos and subsequent amendments to Washington’s tribal compacts effectuating the new bill’s provisions. As grounds for dismissal, the court cited Maverick’s failure to join Shoalwater Tribe — a necessary party — to the lawsuit.
On February 1, North Carolina Attorney General Josh Stein announced that his Medicaid Investigations Division reached a $500,000 settlement with Joint Active Systems, Inc. (JAS). The AG’s Medicaid Investigations Division “investigates and prosecutes health care providers that defraud the Medicaid program, patient abuse of Medicaid recipients … and misappropriation of any patients’ private funds in nursing homes receiving Medicaid funds.”