Published: September 18, 2019

On Wednesday, September 11, 2019, in response to a number of highly-publicized vaping-related deaths and illnesses, the Trump Administration (the Administration) announced its intention to ban most flavored e-cigarette products.  While the Administration’s proposal would target nicotine-containing e-cigarettes, regulated by the U.S. Food and Drug Administration (FDA or the Agency) as tobacco products, it is not yet clear that these are the products that have been causing vaping-related deaths and illnesses across the country.  Although federal and state regulators continue to investigate what is behind these health-related issues, initial results suggest that many, if not all events have been caused by tetrahydrocannabinol (THC)-containing products purchased illegally (i.e., not at state-regulated cannabis dispensaries).  While FDA has not yet identified the source of the illnesses, all samples tested by New York State have reportedly contained vitamin E acetate, an oil-based preparation of vitamin E.

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Published: August 16, 2019

On August 15, 2019, the U.S. Food and Drug Administration (FDA or the Agency) published a court-ordered proposed rule that, if finalized, would mandate graphic health warnings for cigarette packaging and advertisements to "promote greater public understanding of the negative health consequences of smoking." 

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Published: August 13, 2019

On August 9, 2019, New Jersey Governor Phil Murphy signed A5322 into law, making the Garden State the latest to establish a permanent program for the cultivation, handling, processing, transport, and sale of hemp and hemp-derived products.

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Published: May 6, 2019

Although hemp is now federally legal, as a result of the enactment of the Agriculture Improvement Act of 2018 (the 2018 Farm Bill) late last year, the Alcohol and Tobacco Tax and Trade Bureau (TTB) recently declared that adding hemp-derived cannabidiol (CBD) to alcohol beverages is impermissible.

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Published: April 4, 2019

On April 2, 2019, outgoing U.S. Food and Drug Administration (FDA or the Agency) Commissioner Scott Gottlieb, M.D., further addressed FDA’s approach to cannabis-containing and cannabis-derived products (e.g., cannabidiol (CBD)-containing products).

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