Family Smoking Prevention and Tobacco Control Act

Victory for Public Health: U.S. Supreme Court Refuses to Hear Tobacco Industry's Challenge to Los Angeles County Law Ending Flavored Tobacco Sales

Retrieved on: 
Monday, February 27, 2023
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WASHINGTON, Feb. 27, 2023 /PRNewswire/ -- The U.S. Supreme Court announced today that it will not hear R.J. Reynolds' appeal of a lower court ruling upholding Los Angeles County's law prohibiting the sale of flavored tobacco products. This decision is a tremendous victory for kids and public health. It allows Los Angeles County's law to remain in effect, while also preserving the authority of states and localities across the country to enact similar lifesaving measures. R.J. Reynolds and other tobacco companies have desperately fought these laws so they can continue to target kids, Black Americans and other communities with flavored products, including flavored e-cigarettes, menthol cigarettes and flavored cigars.

Key Points: 
  • WASHINGTON, Feb. 27, 2023 /PRNewswire/ -- The U.S. Supreme Court announced today that it will not hear R.J. Reynolds' appeal of a lower court ruling upholding Los Angeles County's law prohibiting the sale of flavored tobacco products.
  • It allows Los Angeles County's law to remain in effect, while also preserving the authority of states and localities across the country to enact similar lifesaving measures.
  • This decision is a rejection of Reynolds' argument that the Los Angeles County law and similar state and local laws are preempted by the federal Tobacco Control Act.
  • Today's announcement follows the Supreme Court's decision in December to deny Reynolds' request for an emergency injunction to block California's statewide law ending the sale of most flavored tobacco products.

New Report Reveals Best and Worst States for Tobacco Control Policies; Highlights Dramatic Differences from State to State

Retrieved on: 
Wednesday, January 25, 2023
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CHICAGO, Jan. 25, 2023 /PRNewswire/ -- The American Lung Association's 21st annual "State of Tobacco Control" report , released today, reveals the states with the best and worst policies to prevent and reduce tobacco use, and finds dramatic differences in the strength of states' tobacco control laws.

Key Points: 
  • CHICAGO, Jan. 25, 2023 /PRNewswire/ -- The American Lung Association's 21st annual "State of Tobacco Control" report , released today, reveals the states with the best and worst policies to prevent and reduce tobacco use, and finds dramatic differences in the strength of states' tobacco control laws.
  • The "State of Tobacco Control" report evaluates state and federal policies on actions taken to eliminate tobacco use and recommends proven-effective tobacco control laws and policies to save lives.
  • "Our 'State of Tobacco Control' report shows how widely tobacco policies vary from state to state.
  • "Since no state received all 'A' grades, every state has the opportunity to improve their tobacco control policies and improve public health.

U.S. Supreme Court Denies Tobacco Industry's Request for Injunction Halting California's Flavored Tobacco Law, Allowing Lifesaving Measure to Take Effect

Retrieved on: 
Monday, December 12, 2022
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WASHINGTON, Dec. 12, 2022 /PRNewswire/ -- The U.S. Supreme Court today denied a request by R.J. Reynolds and other tobacco interests for an emergency injunction to block implementation of California's law ending the sale of most flavored tobacco products, which was overwhelming approved by state lawmakers in 2020 and upheld in November by 64% of the state's voters. This decision is a major victory for kids and public health and will allow this lifesaving law to take effect later this month. The decision is a rejection of desperate efforts by Reynolds and other companies to further delay the law so they can continue to target kids, Black Americans and other communities with flavored e-cigarettes, menthol cigarettes and flavored cigars.

Key Points: 
  • This decision is a major victory for kids and public health and will allow this lifesaving law to take effect later this month.
  • While today's decision is about Reynolds' request for an injunction and does not decide the merits of the company's preemption argument, there is no basis for the Supreme Court to review the lower court rulings upholding the law.
  • Policymakers at every level must stand up to the tobacco industry's bullying and take action to protect kids and save lives.
  • The Campaign for Tobacco-Free Kids and 22 partner organizations filed an amicus brief with the Supreme Court urging rejection of Reynolds' request for an emergency injunction.

Court Ruling Against FDA's Graphic Cigarette Warnings is Wrong on the Law and Must Be Appealed

Retrieved on: 
Thursday, December 8, 2022
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WASHINGTON, Dec. 7, 2022 /PRNewswire/ -- Today's decision by a federal judge to block implementation of graphic cigarette warnings ordered by the Food and Drug Administration (FDA) is wrong on the law, inconsistent with decades of precedent and harms public health. We urge the Justice Department to appeal this decision, and we are confident that the FDA's warnings will ultimately be upheld by a higher court. Today's ruling was issued by U.S. District Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas in a lawsuit filed by R.J. Reynolds and other tobacco interests.

Key Points: 
  • We urge the Justice Department to appeal this decision, and we are confident that the FDA's warnings will ultimately be upheld by a higher court.
  • Courts have long held that mandatory health warnings conveying truthful information about the risks of dangerous products do not violate the First Amendment.
  • The graphic cigarette warnings were mandated by a large, bipartisan majority of Congress as part of the 2009 Family Smoking Prevention and Tobacco Control Act.
  • The Tobacco Control Act required graphic warning labels covering the top half of the front and back of cigarette packs and 20% of cigarette advertising.

FDA Denies Marketing of Logic's Menthol E-Cigarette Products Following Determination They Do Not Meet Public Health Standard

Retrieved on: 
Wednesday, October 26, 2022
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The currently marketed products include the Logic Pro Menthol e-Liquid Package and Logic Power Menthol e-Liquid Package.

Key Points: 
  • The currently marketed products include the Logic Pro Menthol e-Liquid Package and Logic Power Menthol e-Liquid Package.
  • As a result, the company must not market or distribute these products in the United States or risk enforcement action by the FDA.
  • These are the first menthol e-cigarette products to receive a marketing decision based on a full scientific review from the FDA.
  • "We remain committed to evaluating new tobacco products based on a public health standard that considers the risks and benefits of the tobacco product to the population as a whole."

FDA Proposes Rules Prohibiting Menthol Cigarettes and Flavored Cigars to Prevent Youth Initiation, Significantly Reduce Tobacco-Related Disease and Death

Retrieved on: 
Thursday, April 28, 2022
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"Additionally, the proposed rules represent an important step to advance health equity by significantly reducing tobacco-related health disparities."

Key Points: 
  • "Additionally, the proposed rules represent an important step to advance health equity by significantly reducing tobacco-related health disparities."
  • It is clear that these efforts will help save lives," said FDA Commissioner Robert M. Califf, M.D.
  • Menthol is a flavor additive with a minty taste and aroma that reduces the irritation and harshness of smoking.
  • This increases appeal and makes menthol cigarettes easier to use, particularly for youth and young adults.

Bidi Vapor Wins Judicial Stay of FDA's Marketing Denial Order

Retrieved on: 
Thursday, February 3, 2022
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The Company is pleased to announce that the U.S. Court of Appeals for the Eleventh Circuit has granted a judicial stay of the marketing denial order ("MDO") previously issued by the U.S. Food and Drug Administration ("FDA") to Bidi Vapor in September 2021.

Key Points: 
  • The Company is pleased to announce that the U.S. Court of Appeals for the Eleventh Circuit has granted a judicial stay of the marketing denial order ("MDO") previously issued by the U.S. Food and Drug Administration ("FDA") to Bidi Vapor in September 2021.
  • "We expect this judicial stay will result in a rebounding of BIDI Stick sales," said Niraj Patel, president and CEO of both Kaival Brands and Bidi Vapor.
  • As a result, Bidi Vapor and the Company are considered under common control and Bidi Vapor is considered a related party.
  • Based in Melbourne, Florida, Bidi Vapor maintains a commitment to responsible marketing, supporting age-verification standards and sustainability through its BIDI Cares recycling program.

New Report: Flavored Tobacco Products and Youth Vaping Threaten 20 Years of Tobacco Control Progress

Retrieved on: 
Wednesday, January 26, 2022
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The "State of Tobacco Control" report evaluates stateandfederalpolicieson actions taken to eliminatetobacco use,the nation's leading cause of preventable death.

Key Points: 
  • The "State of Tobacco Control" report evaluates stateandfederalpolicieson actions taken to eliminatetobacco use,the nation's leading cause of preventable death.
  • Ending the sale of flavored tobacco products, including menthol cigarettes and flavored cigars, will not only help end the youth vaping epidemic, but will also help address the disproportionate impact of menthol cigarettes and flavored cigars on Black and Brown communities."
  • Ending the sale of all flavored tobacco products, includingmenthol cigarettes, flavored cigars and flavored e-cigarettes, has never been more important tobuild upon the progress in reducing tobacco use.
  • "State of Tobacco Control" 2022 grades the federal government in five areas:
    When "State of Tobacco Control" began, the U.S. Food and Drug Administration (FDA) did not have authority over the manufacturing, marketing and sales of tobacco products.

FDA Enters Administrative Stay of Bidi Vapor's Marketing Denial Order for its Flavored ENDS

Retrieved on: 
Wednesday, October 27, 2021
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FDA confirmed that while it reviews Bidi Vapor's request, its flavored BIDI Sticks can remain on the market without the threat of enforcement.

Key Points: 
  • FDA confirmed that while it reviews Bidi Vapor's request, its flavored BIDI Sticks can remain on the market without the threat of enforcement.
  • Despite submitting scientifically rigorous PMTAs and keeping FDA informed about its ongoing clinical and behavioral studies, Bidi Vapor received an MDO for its flavored BIDI Sticks, along with nearly all other manufacturers of flavored ENDS, in early September 2021.
  • "We appreciate FDA's decision to stay, or put on hold, the MDO as it reconsiders its denial.
  • Based in Melbourne, Florida, Bidi Vapor maintains a commitment to responsible marketing, supporting age-verification standards and sustainability through its BIDI Cares recycling program.

7 Daze LLC Appeals FDA Issuance of a Marketing Denial Order

Retrieved on: 
Tuesday, October 12, 2021
Public health, Adult, Federal Food, Drug, and Cosmetic Act, United States Court of Appeals for the Ninth Circuit, Food, Marketing, APPH, Herbal cigarette, ENDS, List, FDA, Smoker, Family Smoking Prevention and Tobacco Control Act, Regulation of tobacco by the U.S. Food and Drug Administration, Perception, MDO, Smokeless tobacco, Documentation, Compliance, Red apple, Court, Medical device

ONTARIO, Calif., Oct. 12, 2021 /PRNewswire/ -- 7 Daze LLC, a leading premium e-liquid manufacturer, revealed today that it has filed an appeal in the U.S. Court of Appeals for the Ninth Circuit against the U.S. Food and Drug Administration (FDA) in response to FDA's issuance of a marketing denial order (MDO) for Reds Apple by 7 Daze products.

Key Points: 
  • ONTARIO, Calif., Oct. 12, 2021 /PRNewswire/ -- 7 Daze LLC, a leading premium e-liquid manufacturer, revealed today that it has filed an appeal in the U.S. Court of Appeals for the Ninth Circuit against the U.S. Food and Drug Administration (FDA) in response to FDA's issuance of a marketing denial order (MDO) for Reds Apple by 7 Daze products.
  • "7 Daze stands behind the quality of its in-depth and detailed PMTAs, which demonstrates that 7 Daze products are APPH, following all available FDA guidance," said John Lau, president of 7 Daze.
  • Despite submitting rigorous scientific and data driven PMTAs, 7 Daze was issued a MDO on September 8th, 2021.
  • 7 Daze is a leading e-liquid manufacturer based in Southern California.