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Jan 15, 2025 | 
jdsupra.com | Michael Jordan |Agustin Rodriguez |Jean Smith-Gonnell
On January 7, the U.S. Court of Appeals for the Fourth Circuit found that Virginia’s hemp product restrictions do not violate federal law. The ruling is the latest defeat for the Virginia hemp industry’s efforts to overturn Virginia S.B. 903, a law intended to prohibit the sale of intoxicating hemp products like delta-8 and delta-10 tetrahydrocannabinol (THC) gummies and beverages in the Commonwealth.
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Oct 14, 2024 | 
jdsupra.com | Bryan Haynes |Michael Jordan
In August, North Carolina-based cigarette importer, King Maker Marketing Inc., challenged a decision by U.S. Customs and Border Protection (Customs) that rejected its claims for more than $11 million in drawback duties as untimely. Under U.S. Customs laws, importers who pay duties, including federal excise taxes on cigarettes and other tobacco products, can seek a refund or “drawback” of those duties when the products are subsequently exported or destroyed.
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Sep 30, 2024 | 
jdsupra.com | Zie Alere |Bryan Haynes |Michael Jordan
In September, the U.S. Food and Drug Administration (FDA) told industry that it would begin enforcing the agency’s cigarette graphic warning rule in December 2025 in an enforcement policy outlined in a short guidance document. Although a federal district court previously found the rule unconstitutional, an appeals court reversed that decision and the final rule is now in effect.
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Sep 30, 2024 | 
lexology.com | Bryan Haynes |Agustin Rodriguez |Zie Alere |Michael Jordan
In September, the U.S. Food and Drug Administration (FDA) told industry that it would begin enforcing the agency’s cigarette graphic warning rule in December 2025 in an enforcement policy outlined in a short guidance document. Although a federal district court previously found the rule unconstitutional, an appeals court reversed that decision and the final rule is now in effect.
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Aug 6, 2024 | 
jdsupra.com | Bryan Haynes |Michael Jordan |Agustin Rodriguez
In June, the Bureau of Alcohol, Tobacco and Firearms (ATF) argued in federal court that the federal requires tribal retailers to obtain state licenses to sell cigarettes on their own reservations. If accepted, ATF’s position would greatly expand the scope of state authority over tribal tobacco sales. Background of the CaseIn 2023, ATF decided to place the Twenty-Nine Palms Band of Mission Indians on the PACT Act noncompliant list.
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Jun 10, 2024 | 
jdsupra.com | Bryan Haynes |Michael Jordan |Agustin Rodriguez
“Hi, we’re with the Bureau of Alcohol, Tobacco and Firearms, and we’d like to take a look at your tobacco product sales invoices, shipping records, and PACT Act reports.”For those in the business of selling or shipping tobacco products, hearing these words during a visit from the Bureau of Alcohol, Tobacco, Firearms (ATF) can be worrisome. In recent months, ATF has stepped up its efforts to enforce the Prevent All Cigarette Trafficking (PACT) Act, and the penalties for noncompliance can be steep.
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Apr 24, 2024 | 
jdsupra.com | Bryan Haynes |Michael Jordan |Agustin Rodriguez
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.
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Apr 23, 2024 | 
lexblog.com | Michael Jordan |Bryan Haynes |Agustin Rodriguez
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.
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Apr 19, 2024 | 
lexblog.com | Bryan Haynes |Agustin Rodriguez |Nick Ramos |Michael Jordan
Agustin is sought after by clients for his strategic counsel on their most challenging competitive and regulatory compliance issues, including tobacco Master Settlement Agreement issues, federal and state enforcement investigations, licensing and excise tax issues, developing compliance programs, and evaluating advertising and marketing… Agustin is sought after by clients for his strategic counsel on their most challenging competitive and regulatory compliance issues, including tobacco Master...
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Apr 16, 2024 | 
jdsupra.com | Michael Jordan |Agustin Rodriguez
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.
