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TOBACCO REGULATION

Upon the passage of the Family Smoking Prevention and Tobacco Control Act, the FDA was given jurisdiction to regulate tobacco products. The Center for Tobacco was created and subsequently new regulations were promulgated subjecting an already high-profile industry to more regulations by a mostly unfamiliar agency. This new regulatory scheme posed additional challenges to an already regulatory-pressured industry.

Thompson Coburn has long had a much respected tobacco industry practice. We have represented tobacco industry members for more than 20 years in virtually every type of tobacco-related lawsuit that has gone to trial. With the addition of the firm’s life science practice, the firm has now extended its representational experience to FDA compliance. The firm’s life science practitioners have counseled tobacco companies on manufacturing issues, packaging issues and marketing and advertising issues all arising from this regulatory scheme to which the industry is now subject.

Specifically our regulatory counseling to tobacco companies has included:

  • Advising on the “Deeming” of other tobacco products coming under the jurisdiction of the FDA
  • Advising on predicate products, substantial equivalence and premarket tobacco applications as well as the exemptions under 21 C.F.R. 1107.1
  • Advising on packaging, marketing and advertising requirements and restrictions
  • Advising on the applicability of certain regulations concerning e-cigarettes and other tobacco products

Publications

Illinois legislature makes substantial limiting changes to state law on non-compete and non-solicitation agreements

EEOC issues new guidance on COVID-19 vaccinations in the workplace

Litigation fees may be tax-deductible, confirms new Tax Court ruling

Participate in standard-setting bodies? The enforceability of your patents could be affected

Criminal antitrust prosecutions still loom for employers with ‘no-poaching,’ ‘wage-fixing’ agreements

Supreme Court overturns the Federal Circuit, granting more flexibility to biosimilar makers

What to do when the government comes calling: A checklist for handling facility inspections

USPTO launches new proof of use audit program

The shifting standard for IPR estoppel: Where are we now?

5 tips for environmental due diligence in business transactions

D.C. appellate court strikes another nail in the coffin for the Frye test

What U.S. companies need to know about their IP rights post-Brexit

New OSHA reporting and anti-retaliation rules

USPTO publishes new (and largely improved) guidance for subject matter eligibility

Federal Circuit rules objective prong of willful infringement best decided by judge

TCLE

Better Together? Competition, Price Gouging and Other Antitrust Issues Raised by the COVID-19 Pandemic

Blog Posts

Clearview AI class-action may further test CCPA’s private right of action

‘Aggrieved Persons’ can bring suit under Biometric Information Privacy Act

DOJ continues to investigate, seek recoveries over compounding pharmacy fraud

Fate of legalized cannabis hinges on key vote

FDA to step up enforcement of homeopathic medicine

Recreational marijuana shake-up: Sessions revokes Cole Memorandum

Clinical trials Part I: The upcoming clinical trials reporting rule

The FDA's new Digital Health Plan

FDA’s Health Software PreCert Program to fast-track innovation

FSVP compliance dates arrive, challenges to food industry increase

News

ACI Drug and Medical Device Litigation Conference

Suzanne Galvin Quoted in Bloomberg Law Regarding Revised PFAS Settlement

World Trademark Review names Tom Polcyn to WTR 1000 list

Thompson Coburn releases 2021 Ag Innovation Survey on the impact of COVID, future of the ag industry

Jennifer Post talks to Business Insider about startup considerations before going public

Thompson Coburn releases first Ag Innovation Survey on the impact of COVID, future of the ag industry

Thompson Coburn supports agricultural growth through the Center for Soybean Innovation

Gain Executive Insights on trade developments with Thompson Coburn, Hispanic Chamber of Commerce

New Jersey jury awards $11 million to Thompson Coburn client in pet invention dispute

Agribusiness professionals enjoy hands-on farm simulation at Thompson Coburn

Thompson Coburn leads Missouri Soybean Merchandising Council to $600,000 jury verdict

Thompson Coburn earns corporate counsel recommendations five years running in national report

UMSL Research & Innovation Week to feature Tom Schlafly presentation

Steve Ritchey publishes article on patent basics for American Ceramic Society

Jeff Masson named ‘Influential Appellate Advocate’ for Monsanto Supreme Court win

Three partners named 2013 Up & Coming attorneys

Monsanto wins unanimous ruling from U.S. Supreme Court

19 Thompson Coburn partners named 2013 St. Louis Lawyers of the Year

Jeff Masson featured in AgProfessional magazine

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David strategically advises clients in a variety of intellectual property disputes including patent prosecution, IP litigation, brand protection, counterfeiting, Post-Gra...

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David Jinkins
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