12/10 Town Hall: U.S. Supreme Court to Decide on Future of the Vape Industry

Join our firm for a virtual Town Hall as we dive into the U.S. Supreme Court’s (SCOTUS) review of the landmark FDA v. Wages and White Lion Investments, L.L.C., dba Triton Distribution, et al. case (Triton Case).* This case could be pivotal for the vape industry, potentially reshaping how FDA approaches regulation of vape and tobacco products. With SCOTUS examining whether FDA exceeded its authority by issuing marketing denial orders (MDOs) and possibly enforcing a hidden flavor ban, this event provides an opportunity to understand the broader regulatory and legal implications for your business.

We’ll cover the Fifth Circuit’s significant decision to challenge FDA’s Premarket Tobacco Product Application (PMTA) review process and explore both sides of the arguments, shedding light on how this case might establish a new precedent for FDA’s authority under the Tobacco Control Act (TCA). Additionally, we’ll share insights from the justices' reactions during oral arguments, which could offer clues about their potential leanings and the future regulatory landscape.

If you’re in the vape or tobacco industry, this case could significantly impact your compliance obligations, business operations, and product strategies. In just 30 minutes, gain essential insights that may help you anticipate and prepare for the potential ripple effects this ruling could create across the industry.

In this presentation you will learn:

1. The key issues involved in FDA's challenge to the Fifth Circuit’s ruling on Triton’s marketing denial orders,

2. How this case could lead to changes for FDA's PMTA review process and what that means for your business,

3. The main arguments from both Triton and FDA, plus insights into the justices' potential leanings, and

4. When to expect a decision on the Triton case.

Bonus

As a bonus for those who attend our Town Hall, we’re pleased to offer a “10 Essential Tips for Legal Compliance in the Vapor Industry” document. This comprehensive guide provides actionable steps to help businesses navigate complex regulatory landscapes with confidence, focusing on key areas essential for staying compliant in this rapidly evolving market.

In addition, we invite you to email us at contact@clarkespositolaw.com to receive our exclusive Legal Alert on the Triton Case. Normally these are reserved for our clients, but given the circumstances, we are inviting the public to obtain this upon request.

Get to know our presenter...

Jacob Lundy is a Legal Research Analyst at the Clark-Esposito Law Firm, P.C. His journey within the firm has been marked by notable advancement through two previous positions, reflecting his dedication and expertise in the legal field. Jacob's role involves conducting complex legal research, analysis, and document drafting, focusing on proactively guiding clients through legal complexities and potential business impacts across a variety of US regulatory agencies and foreign jurisdictions.

In addition, having joined the firm from a background in compliance, Jacob performs significant work on our client compliance projects, including preparing full suites of internal compliance programs with integrated workflows and decision trees in highly regulated sectors, which creates significant efficiencies for clients navigating otherwise complex compliance processes. Perhaps Jacob’s greatest skill in this arena is an innate appreciation for how clients actually use compliance products in daily business life and matching compliance requirements with workflow.

Jacob keeps abreast of frequent developments in the laws, regulations, and judicial decisions affecting our clients in a range of sectors, providing real-time updates with practical action plans for tackling changes in ways that minimize disruption to day-to-day operations. Jacob's unique ability to understand how clients actually use compliance products in their daily business operations and to tailor compliance requirements to fit those workflows stands out as one of his greatest skills. His progression from a legal administrative assistant to a key player in legal research and compliance underscores his value to our firm and our clients.

Have questions? Give our office a call today at (917) 546-6997, we would be happy to speak with you.

*FDA v. Wages and White Lion Investments, L.L.C., dba Triton Distribution, et al. (U.S. Supreme Court Case No. 23-1038)

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