On August 2, the U.S. Court of Appeals for the Eighth Circuit decided a case addressing Nebraska’s authority to require tribal cigarette manufacturers that are not parties to the Master Settlement Agreement (MSA) to comply with the state’s escrow statute with respect to cigarettes sold in Indian country. See HCI Distrib., Inc. v. Peterson, No. 23-2311 (8th Cir., Aug. 2, 2024).Continue Reading Eighth Circuit Decides Case Involving State’s Authority to Regulate Tribal Cigarette Sales
Jeff Johnson, former deputy solicitor general in the Missouri attorney general’s (AG) office, has joined Troutman Pepper’s Regulatory Investigations, Strategy + Enforcement (RISE) practice and nationally recognized State AG team.Continue Reading Troutman Pepper Welcomes Former Missouri Deputy Solicitor General
As we previously reported, most states authorize direct-to-consumer (DTC) shipments of wine if the shipper has obtained the correct license, but this area of law has continued to evolve through litigation. Recently, the Virginia Court of Appeals decided a case involving whether an out-of-state online wine retailer (the retailer) was required to maintain multiple licenses for multiple out-of-state locations. This case should be of interest to any multistate wineries, breweries, or retailers selling and shipping wine or beer to consumers.
Continue Reading “Places of Business” Matter in the Virginia Alcoholic Beverage Control Act
On June 8, more than 50 members of Congress signed a letter addressed to Food and Drug Administration (FDA) Commissioner Dr. Robert Califf, expressing concerns over FDA’s delays in reviewing pending Premarket Tobacco Product Applications (PMTAs) and its failure to remove unauthorized products from the market. The letter strongly urges “FDA to (1) expeditiously complete review of remaining e-cigarette PMTAs; (2) follow the science on the risks flavored [e-cigarettes] pose to youth and deny PMTAs for all non-tobacco flavored e-cigarettes, including menthol flavored products; and (3) increase enforcement actions against companies that make, distribute, and sell flavored products without a marketing order, especially products with a significant market share, or products that are most popular with youth.” The letter also requests that FDA respond to several questions by June 23, as summarized below (as of the date of this blog post, we are not aware of any FDA response).Continue Reading Congress Urges FDA to Complete Its Review of E-Cigarette Applications
On October 12, the U.S. Supreme Court heard oral argument in the case Cameron v. EMW Women’s Surgical Center, P.S.C., an appeal from the Sixth Circuit. Plaintiff abortion providers (collectively, “EMW”) initiated this case, seeking to challenge the constitutionality of a controversial Kentucky law, H.B. 454. The law prohibits the “dilation and evacuation” abortion
The Department of Justice has loosened restrictions on the use of agency guidance documents to establish violations of underlying legal requirements in enforcement actions and other litigation. According to a memorandum by Attorney General Garland, DOJ attorneys may now “rely on relevant guidance documents in any appropriate and lawful circumstances, including when a guidance document