FDA Releases Guidelines for Tobacco Retailers After Trump Administration Seeks User Fees on E-Cigarettes
Bryan Haynes was quoted in a Law360 article titled, “FDA Releases Guidelines for Tobacco Retailers After Trump Administration Seeks User Fees on E-Cigarettes.” The article discusses a guidance released on Wednesday by the Food and Drug Administration that, if finalized, would enforce a ban on retailers that do not have age-restricted areas of the store from selling flavored tobacco products for e-cigarettes. Haynes pointed out that, regarding this pending guidance, “I think there are a couple of legal questions,” including the question of whether or not the FDA has the authority under the Tobacco Control Act to restrict the sale of tobacco products in stores. He noted that another question is whether this enforcement policy is “tantamount to a rule which is required to go through notice and comment,” adding, “My suspicion is that one or both of those questions will have some kind of legal challenge.”