- Tobacco Committee, Food & Drug Law Institute
Education
- George Mason University Antonin Scalia Law School, J.D., magna cum laude, 1998, George Mason Law Review
- Virginia Polytechnic Institute and State University, B.A., 1993
Bar Admissions
- Virginia
- District of Columbia
Court Admissions
- Supreme Court of the United States
- U.S. Court of Appeals, First Circuit
- U.S. Court of Appeals, Third Circuit
- U.S. Court of Appeals, Fourth Circuit
- U.S. Court of Appeals, Sixth Circuit
- U.S. Court of Federal Claims
- U.S. Court of Appeals, Federal Circuit
- Supreme Court of Virginia
- U.S. District Court, Eastern District of Virginia
- U.S. District Court, Western District of Virginia
- U.S. Bankruptcy Court, Eastern District of Virginia
- U.S. Court of Appeals, District of Columbia Circuit
- U.S. District Court, District of Columbia
- U.S. Bankruptcy Court, District of Columbia
Clerkships
- Hon. Diane Gilbert Sypolt, U.S. Court of Federal Claims, 1998-1999
- Speaker, “2025 Trends in Federal, State, and Local Government Enforcement,” 7th Annual Next Generation Nicotine Delivery USA, June 4-5, 2025.
- Moderator, “Navigating the Future of Next Generation Nicotine,” 7th Annual Next Generation Nicotine Delivery USA, June 4-5, 2025.
- Speaker, “Post-Market Surveillance: Balancing Innovation While Guarding Against Unintended Consequences,” The American Tobacco + Nicotine Forum, April 17, 2025.
- Speaker, “Recent State Regulatory and Enforcement Activity: Filling Gaps or Impeding Progress?” FDLI: Tobacco and Nicotine Products Regulation and Policy Conference, October 24, 2024.
- Panelist, CannMed 24 Innovation & Investment Summit, May 12, 2024.
- Panelist, “Taking Stock: Discussions on Legal Challenges and What Comes Next,” TMA 2024 Annual Meeting, April 23, 2024.
- Panelist, “The Future of Flavors,” Total Product Expo, January 31, 2024.
- Moderator, “Tobacco and Nicotine Product Enforcement Challenges: Before and After FDA’s Menthol Ban,” Food and Drug Law Institute Enforcement, Litigation, and Compliance Conference, December 6, 2023.
- Moderator, “Recent Premarket Tobacco Application (PMTA) Decisions, Marketing Denial Order (MDO) Litigation, and Protecting CTP Decisions from Future Legal Challenges,” Tobacco and Nicotine Products Regulation and Policy Conference, October 26, 2023.
- Moderator, “2023 and Beyond – Tobacco Product Standards and Additional Needed Rulemaking,” Food and Drug Law Institute Annual Conference, May 17, 2023.
- Panelist, “Tobacco-Focused Litigation Update,” Food and Drug Law Institute Enforcement, Litigation, and Compliance Conference, December 7, 2022.
- Panelist, “Menthol and Other Tobacco Product Standards,” Food and Drug Law Institute Annual Conference, June 15, 2022.
- Panelist, “Authorization Pathways,” TMA 2022: Policy & Practice, March 29, 2022.
- Panelist, “Tobacco and E-Vapor Regulatory Update – Assessing the Current Landscape and Predictions for 2022,” Convenience Retailing University, February 24, 2022.
- Panelist, “FDA Tobacco Enforcement in a Post-Compliance Policy World: Current Status and Future Implications,” Food and Drug Law Institute Enforcement, Litigation, and Compliance Conference, December 9, 2021.
- Panelist, “The Post-PMTA Deadline Landscape: What Happens After September 9th?,” Food and Drug Law Institute Tobacco and Nicotine Products Regulation and Policy Conference, October 23, 2020.
- Panelist, “Regulatory & Legislative Issues: 2020 & Beyond,” TMA 2020: Unsteady Ground: Shifting Landscapes, May 28, 2020.
- Panelist, “How Innovation Is Changing the Vape Category,” Tobacco Plus Expo, March 13, 2019.
- Moderator, “FDA Implementation of Tobacco Product Pathways,” Food and Drug Law Institute 2018 Annual Conference, Washington, D.C., May 3, 2018.
- Presenter, “The E-Cigarette Regulatory Environment: The Past, Present and Future of State & Local Regulations,” ABA Center for Professional Development, April 24, 2018.
- Moderator, “E-cigarettes Post Deeming – An Outlook for ENDS Products,” Food and Drug Law Institute 2015 FDA Regulation of Tobacco Products Conference, Washington, D.C., October 21, 2015.
- Speaker, “Excise Taxation by Relative Product Risk and the IOM/NRC on Illicit Trade,” Tobacco Merchants Association, Williamsburg, VA, May 18, 2015.
- Speaker, “Planning for the Final Deeming,” Smoke Free Alternatives Trade Association Conference, Chicago, IL, May 4, 2015.
- Moderator, “The Regulation (on Not!) of E-Cigarettes,” American Bar Association Section of State and Local Government Law 2014 Fall Council Meeting, Denver, CO, October 9, 2014.
- Speaker, “Vapors, Myths and Reality Double Header,” Vapor World Expo, Chicago, IL, May 8, 2014.
- Speaker, “Past, Present and Future of FDA Regulation of Tobacco Products,” Tobacco Plus Convenience Expo, January 30, 2014.
- Speaker, Tobacco Merchants Association’s FDA Regulation of E-Cigarettes Conference, Leesburg, VA, October 30, 2013.
- Speaker, “Exploring Tobacco Product Standards: Opportunities and Challenges,” Food and Drug Law Institute FDA Regulation of Tobacco Products Conference, October 29, 2013.
- Speaker, “Deeming Regulations – A Conversation,” Tobacco Merchants Association’s 98th Annual Meeting & Conference, Williamsburg, VA, May 16, 2013.
- Panelist, “Tobacco Product Deeming Regulations – Are They Appropriate and What Should They Look Like?” Food and Drug Law Institute Annual Meeting, Washington, D.C., April 23, 2013.
- Seminar presenter, “Basics of Tobacco Regulation for the Cigarette Manufacturer,” March 31, 2009; January 18, 2011.
- Panelist, “Toward an Industry Advisory Group,” Tobacco Merchants Association 94th Annual Meeting & Conference, Williamsburg, VA, May 19, 2009.
- Co-author, “Feds Seize Illegal E-Cigarettes Worth Millions,” Regulatory Oversight and Tobacco Law Blog, September 15, 2025.
- Co-author, “Drawback Claims Are Increasingly a Boon for Cigarette Importers,” Regulatory Oversight and Tobacco Law Blog, September 3, 2025.
- Co-author, “High Court E-Cig Ruling Opens Door For FDA Challenges,” Law360, August 29, 2025.
- Co-author, “Court Denies Indian Tribe’s Injunction Request Pending Appeal in PACT Act Case,” Regulatory Oversight and Tobacco Law Blog, August 18, 2025.
- Co-author, “Are State ENDS Directories Preempted? Federal Courts Are Split,” Regulatory Oversight and Tobacco Law Blog, July 24, 2025.
- Co-author, “Indian Tribe Fights With ATF Over Applicability of PACT Act to Its Cigarette Sales,” Regulatory Oversight and Tobacco Law Blog, July 21, 2025.
- Co-author, “Supreme Court Says Affected Retailers May Challenge ENDS Manufacturer’s Marketing Denial Orders,” Regulatory Oversight and Tobacco Law Blog, July 10, 2025.
- Co-author, “New Mississippi Cigarette and ENDS Directory Laws Take Effect in July,” Regulatory Oversight and Tobacco Law Blog, June 16, 2025.
- Co-author, “FDA and CBP Seize Nearly $34M Worth of Illegal E-Cigarettes in Joint Operation,” Regulatory Oversight and Tobacco Law Blog, May 29, 2025.
- Co-author, “New US AG Shifts Resources Away From Tobacco Enforcement,” Regulatory Oversight and Tobacco Law Blog, February 26, 2025.
- Co-author, “Supreme Court Weighs Vape Venue Dispute,” Regulatory Oversight and Tobacco Law Blog, February 3, 2025.
- Co-author, “Federal Appellate Court Agrees that FDA Cannot Regulate “Premium Cigars”,” Regulatory Oversight and Tobacco Law Blog, January 29, 2025.
- Co-author, “FDA Proposes Limiting Nicotine Levels in Cigarettes and Certain Other Combusted Tobacco Products,” Regulatory Oversight and Tobacco Law Blog, January 18, 2025.
- Podcast, “12 Days of Regulatory Insights: Day 9 – Trends in the Tobacco Industry,” Regulatory Oversight Podcast, December 17, 2024.
- Co-author, “California AG Provides Update on State Tobacco Enforcement Efforts,” Regulatory Oversight and Tobacco Law Blog, November 11, 2024.
- Co-author, “Class Action Lawsuit Alleges Puff Bar Violated State Consumer Protection Laws,” Regulatory Oversight and Tobacco Law Blog, October 17, 2024.
- Co-author, “$11M Cigarette Drawback Dispute Could Have Significant Consequences for FTZ Importers,” Regulatory Oversight and Tobacco Law Blog, October 11, 2024.
- Co-author, “FDA Says Agency Will Enforce the Cigarette Graphic Warning Rule in December 2025, But Pending Litigation Could Still Derail Those Plans,” Regulatory Oversight and Tobacco Law Blog, September 30, 2024.
- Co-author, “State AGs File Amicus Curae Brief in US Supreme Court Case Involving Flavored E-Cigarettes,” Regulatory Oversight and Tobacco Law Blog, September 24, 2024.
- Co-author, “New Jersey Issues Notice of Violations and Fines to Retailers Allegedly in Violation of the State’s Flavor Ban,” Regulatory Oversight and Tobacco Law Blog, August 30, 2024.
- Co-author, “ATF Rift With California Tribe Could Expand State Authority Over Tribal Tobacco Sales,” Regulatory Oversight and Tobacco Law Blog, August 5, 2024.
- Co-author, “Eighth Circuit Decides Case Involving State’s Authority to Regulate Tribal Cigarette Sales,” Regulatory Oversight and Tobacco Law Blog, August 5, 2024.
- Co-author, “FDA Unauthorized ENDS Enforcement: 2024 Mid-Year Roundup,” Regulatory Oversight and Tobacco Law Blog, July 2, 2024.
- Co-author, “San Francisco Sues E-Cigarette Distributors for Violating Local Flavor Ban,” Regulatory Oversight and Tobacco Law Blog, June 18, 2024.
- Co-author, “PACT Act Basics: Five Things You Should Do if ATF Comes Knocking,” Regulatory Oversight and Tobacco Law Blog, June 7, 2024.
- Co-author, “What’s at Stake for the Premium Cigar Industry as DC Circuit Considers FDA Appeal?,” Regulatory Oversight and Tobacco Law Blog, April 23, 2024.
- Co-author, “Massachusetts High Court Upholds Local Tobacco Sales Ban,” Regulatory Oversight and Tobacco Law Blog, March 25, 2024.
- Co-author, “US Supreme Court Declines to Hear Challenge to California’s Flavor Ban,” Regulatory Oversight and Tobacco Law Blog, February 9, 2024.
- Co-author, “En Banc Fifth Circuit Solidifies Circuit Split on Flavored ENDS Product MDOs,” Regulatory Oversight and Tobacco Law Blog, February 5, 2024.
- Co-author, “Multiple States Consider Establishing Vapor Product Directories,” Regulatory Oversight and Tobacco Law Blog, January 22, 2024.
- Co-author, “FDA’s Center for Tobacco Products Releases Annual Regulatory Agenda,” Regulatory Oversight and Tobacco Law Blog, January 22, 2024.
- Co-author, “FDA Maintains Heightened Enforcement Against Sellers of Illegal E-Cigarettes,” Regulatory Oversight and Tobacco Law Blog, December 21, 2023.
- Co-author, “ENDS Companies Take Legal Action Against Allegedly Noncompliant Competitors,” Regulatory Oversight and Tobacco Law Blog, October 30, 2023.
- Co-author, “FDA Ramps Up Enforcement Against Flavored Disposable E-Cigarettes as External Pressures Mount,” Regulatory Oversight and Tobacco Law Blog, September 29, 2023.
- Co-author, “Congress Urges FDA to Complete Its Review of E-Cigarette Applications,” Regulatory Oversight and Tobacco Law Blog, June 22, 2023.
- Co-author, “Juul Labs, Inc. v. FDA: A FOIA Twist on the Challenge to FDA’s Marketing Denial Order,” Update, May 25, 2023.
- Co-author, “Stakeholders’ Input Welcome: Virginia ABC to Assess Options for Regulating Liquid Nicotine in the Commonwealth,” Regulatory Oversight and Tobacco Law Blog, May 19, 2023.
- Co-author, “Inside FDA’s Response to Reagan-Udall Foundation Report: Spotlight on the Cross-Cutting and Regulation and Guidance Task Forces,” Tobacco Law Blog, April 20, 2023.
- Co-author, “Inside FDA’s Response to Reagan-Udall Foundation Report: Spotlight on the Science and Application Review Task Force,” Regulatory Oversight and Tobacco Law Blog, March 22, 2023.
- Co-author, “Taxation Situation,” Vapor Voice, February 22, 2023.
- Podcast, “2022 Significant Developments in the Tobacco Industry and What to Expect in 2023 (Part One),” Regulatory Oversight Podcast, February 16, 2023.
- Co-author, “Oregon Bill Proposes to Replace Escrow Deposit System With “Equity Assessment” for Certain Tobacco Product Manufacturers,” Regulatory Oversight and Tobacco Law Blog, January 30, 2023.
- Co-author, “FDA Implements More Aggressive Approach to Enforcement of ENDS Premarket Requirements,” Regulatory Oversight and Tobacco Law Blog, December 15, 2022.
- Co-author, “FTC Releases Second Report on E-Cigarette Sales and Advertising in the US,” Regulatory Oversight, September 23, 2022.
- Co-author, “FDA Cigarette Graphic Warning Rule Delayed … Again,” Regulatory Oversight, August 23, 2022.
- Co-author, “State Taxation of Remote Sellers: US Supreme Court Declines Review of First Post-Wayfair Decision from a State Supreme Court,” Regulatory Oversight, August 15, 2022.
- Co-author, “Troutman Lawyers Share Updates on MDO Lawsuits,” Vapor Voice, April 22, 2022.
- Co-author, “Vermont Continues Its Crackdown on Online ENDS Sellers,” Tobacco Law Blog, April 19, 2022.
- Co-author, “State Licensing and Excise Tax Considerations for Tobacco Companies,” Tobacco Law Blog, January 12, 2022.
- Co-author, “Delta-8’s 2018 Farm Bill Honeymoon May Be Slowly Coming to an End,” Tobacco Law Blog, September 29, 2021.
- Co-author, “FDA Withdraws Notice of Proposed Rulemaking for Premium Cigars,” Tobacco Law Blog, June 14, 2021.
- Co-author, “THC, CBD and Other Non-tobacco Vaping Product Sellers Should Take Note of New PACT Act Provisions,” Tobacco Law Blog, January 6, 2021.
- Co-author, “DC Circuit Decides Deeming Rule Doesn’t Violate Appointments Clause or First Amendment,” Tobacco Law Blog, December 8, 2020.
- Co-author, “California Attorney General Continues Fight to Ban Flavored Tobacco Products,” Tobacco Law Blog, November 24, 2020.
- Co-author, “California Attorney General Continues Fight to Ban Flavored Tobacco Products,” Troutman Pepper State Attorneys General Monitor, November 2020.
- Co-author, “Navigating the Regulatory Wave,” Tobacco Reporter, October 29, 2020.
- Co-author, “Retailers Must Focus on Online Sales Rules,” Vapor Voice, October 22, 2020.
- Co-author, “FDA’s Hand Can’t Be Forced on ‘Natural’ Tobacco Labeling,” Law360, May 10, 2018.
- Co-author, “Challenging the FDA on ‘Natural’ Cigarettes,” Law360, Aug. 22, 2017.
- Author, “New Rules Wrong to Equate E-Cigs With the Real Deal,” Daily Journal, May 26, 2016.
- Author, “Design Patents Build Strong, Valuable Brands,” Smokeshop, December 2015.
- Author, “Descriptor Under Scrutiny: Modified Risk Snag,” Smokeshop, October 2015.
- Author, “FDA’s Deeming Regulations: Hope for the Best, Prepare for the Worst,” Smokeshop, August 2015.
- Author, “New York Sues Delivery Services,” Smokeshop, April 2015.
- Author, “Pennsylvania’s Legal Battle Over MSA Payments Keeps Twisting,” Smokeshop, February 2015.
- Author, “A Regulatory Lawyer Predicts the 2015 US Regulatory Landscape,” Vapor Digest, January 2015.
- Co-author, “Hey Legislators: Vaping Products Don’t Belong in the MSA!” Smokeshop, December 2014.
- Co-author, “Premium Cigars Face Regulation Strangulation Under FDA,” Smokeshop, October 2014.
- Co-author, “Decision Time at FDA: Deciding Premium Cigars’ Fate,” Smokeshop, June 2014.
- Co-author, “E-Cigs at the Forefront,” Smokeshop, February 2014.
- Co-author, “Disputed 2003 MSA Payments Resolved,” Smokeshop, December 2013.
- Author, “Understanding the Tobacco Control Act and FDA Investigative Process,” Inside the Minds: Recent Developments in Food and Drug Law – Leading Lawyers on Dealing With Increased Enforcement, Keeping Up-to-Date With FDA Requirements, and Developing Compliance Practices, Thomson Reuters, 2014.
- Co-author, “Compelled Commercial Speech: the Food and Drug Administration’s Effort to Smoke Out the Tobacco Industry Through Graphic Warning Labels,” Food and Drug Law Journal, 2013.
- Author, “Regulating Cigars,” Smokeshop, June 2013.
- Author, Lexis Internal Revenue Code Explanations – Tobacco Tax Provisions.
- Author, “The Big Chill,” Smokeshop, April 2013.
- Author, “The Split on FDA Requirement of Graphic Smoking Warnings,” Law360, January 10, 2013.
- Author, “The PACT Act: The Latest Federal Tobacco Regulations Introduce Sweeping New Requirements for Tobacco Product Shipments,” Smokeshop Magazine, June 2010.
- Author, “Classifying Electronic Cigarettes: Are They Drugs/Medical Devices, Tobacco Products, Both or Neither? The Industry’s Future Weighs in the Balance as Regulators – and Courts – Decide the Answer,” Smokeshop, February 2010.
- Author, “Congress Again Considers FDA Regulation: An Inside Look at the Newest Tobacco Legislation Being Considered by Congress,” Smokeshop, April 2007.
- Author, “Pre-Filing Injunctions: A Practical Solution to the Problem of Harassing Pro Se Litigants,” B.A. News Journal, August/September 2006.
- Author, “Cases Involving Government Agencies Present Unique Discovery Issues,” Atlantic Coast In-House Counsel, July 2005.
- Quoted, “Retailers Tap Into Pricing & Data to Boost Cigar Sales,” Convenience Store News, January 10, 2025.
- Quoted, “Convenience Stores See Cigar Sales Moderate Following Pandemic Swings,” Convenience Store News, January 5, 2024.
- Quoted, “Giving C-store Operators the Lowdown on the FDA Crackdown,” Convenience Store News, November 13, 2023.
- Quoted, “Oral Nicotine Gains Traction as a Promising Alternative,” Convenience Store News, January 10, 2023.
- Quoted, “What’s Next for Vapor & Harm Reduction Products?,” Convenience Store News, September 29, 2022.
- Quoted, “FDA Flexes Muscle on Juul and Nicotine, but at What Cost?,” Law360, July 1, 2022.
- Quoted, “What’s Next for Four Key Legislative Issues,” CSP Magazine, June 16, 2022.
- Quoted, “Menthol Ban Opens Door for FDA to Flex Power Over Big Tobacco,” Bloomberg Law, May 11, 2022.
- Quoted, “FDA Gets Authority Over Synthetic Nicotine,” Tobacco Reporter, March 16, 2022.
- Quoted, “Confusion Continues to Cloud Proposed Nicotine Tax,” Vapor Voice, November 15, 2021.
- Quoted, “All Hands On Deck,” Vapor Voice, Issue 4, 2019.
- Quoted, “Will FDA Cigarette Warnings Pass Constitutional Scrutiny?” Law360, August 15, 2019.
- Mentioned, “Circuit Split Not ‘Minor’ in $58M Tax Row, Tobacco Co. Says,” Law360, May 21, 2019.
- Quoted, “FDA ‘Heatstick’ OK Clouds Agency’s Youth Vaping Campaign,” Law360, May 8, 2019.
- Quoted, “Walgreens Changes Minimum Age to Buy Tobacco Products While States Pass Related Laws,” Corporate Counsel, April 25, 2019.
- Quoted, “FDA Asks 12 Companies to Mitigate Sale of Tobacco to Underage Users,” Corporate Counsel, April 15, 2019.
- Quoted, “FDA Releases Guidelines for Tobacco Retailers After Trump Administration Seeks User Fees on E-Cigarettes,” Corporate Counsel, March 13, 2019.
- Quoted, “FDA Commissioner’s Departure Sparks Hope, Uncertainty for Tobacco Industry,” Corporate Counsel, March 7, 2019.
- Mentioned, “Supreme Court Asked to Burn Tobacco Co.’s $58M Tax Tab,” Law360, January 29, 2019.
- Quoted, “S. Fans of Cuban Cigars Still Have Long Wait Before They Can Be Sold Here,” Tampa Bay Times, May 22, 2016.
- Quoted, “Cig Label Fight Shows Growing Pains in New FDA Oversight,” Law360, June 3, 2015.
- Quoted, “Tobacco Deal Ruling Could Boost Other States in Pa.’s Boat,” Law360, April 13, 2015.
- Mentioned, “Starbuzz Tobacco Fights TTB on $3.5M Excise Tax, Levy,” Law360, April 2, 2015.
- Quoted, “Product Liability Legislation and Regulation to Watch in 2015,” Law360, January 2, 2015.
- Quoted, “U.S. Tobacco Giants Want Lion’s Share of E-Cigarette Business,” France 24, September 1, 2014.
- Quoted, “Schumer and FDA on E-Cigarettes,” WETM 18, July 22, 2014.
- Quoted, “Quality Issues Push E-Cigarette Production to U.S. from China,” Reuters, July 7, 2014.
- Quoted, “FDA Eases Into Regulating E-cigarettes,” Richmond Times-Dispatch, April 24, 2014.
- Quoted, “FDA’s Timid E-Cig Proposal Plays Into Industry’s Hands,” Law360, April 24, 2014.
- Quoted, “E-cigs: The Battle Happening on Nicotine’s Next Front,” The Washington Post, April 7, 2014.
- Quoted, “FDA Cigarette Regulations Protect Big Tobacco, Not Public Health,” reason.com, February 27, 2014.
- Quoted, “Lobbyists Amp Up Efforts to Sell Washington on E-Cigarettes,” It’s All Politics, NPR Blog, February 26, 2014.
- Quoted, “States Acting Hastily in Pushing E-Cigarette Taxes,” Law360, February 24, 2014.
- Quoted, “Awaiting FDA, States Pursue Their Own E-Cigarette Rules,” The Washington Post, October 29, 2013.
- Quoted, “Already Messy, E-Cigarette Regs Likely to Grow More Chaotic,” Law360, August 13, 2013.
- Quoted, “FDA Backs Low-Nicotine Cigarette Research as It Weighs New Regulatory Power,” Washington Post, July 30, 2013.
- Quoted, “UK Stalling on Plain Packaging Jeopardizes Global Adoption,” Law360, July 15, 2013.
- Quoted, “Regulators Eye Crackdown on Rising Use of Tobacco Discounts,” Law360, May 22, 2013.
- Quoted, “Zeller Takes Reins at FDA’s Center for Tobacco Products,” The Washington Post, March 3, 2013.
- Interviewed, “Fox 5 Investigates – E-Cigarettes,” Fox 5 DC, February 8, 2013.
- Quoted, “Tobacco Dispute Threatens Funding of Children’s Programs,” Kansas Health Institute News Service, September 17, 2012.