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3 episodes with tobacco control act
2 episodes with tobacco control act
2 episodes with tobacco control act
3 episodes with tobacco control act
Dr. Brian King — the former director of the FDA's Center for Tobacco Products, who was placed on administrative leave in April 2025 as part of the mass HHS layoffs joins the Chuck Toddcast to explain what happens to public health when the agency charged with protecting it gets deliberately dismantled. King walks through the extraordinary progress America made reducing cigarette smoking over decades, and how quickly that's being unwound: the tobacco industry donated millions to Trump's PAC, executives pressured the White House directly, and the payoff has been regulatory capture and mounting pressure on the FDA to bring flavored products back to market. He's clear-eyed rather than absolutist on the science — combustible products are far and away the most harmful, nicotine itself is highly addictive but isn't what's killing people, though it's genuinely not risk-free for the adolescent brain — and he walks Chuck through the comparison to caffeine, the data on whether vaping serves as a gateway back into smoking, and what's actually known about nicotine pouches, where youth usage isn't high but stubbornly isn't declining either. The industry, meanwhile, is spending roughly a million dollars an hour advertising its products while fighting every government action to reduce smoking. The conversation turns to what actually works and what's being abandoned. King argues the two most effective interventions available are reducing nicotine levels in cigarettes and banning menthol, credits Congress for getting the Tobacco Control Act right, and stresses that Congress — not the FDA acting alone — has to be the one to regulate tobacco, which is precisely why sidelining the agency is so damaging. He and Chuck get into the questions nobody in Washington wants to answer: why are cigarettes legal at all, how are sugary alcoholic beverages not treated in the same category, and where did the money from the 1998 master settlement actually go. King is pointed that the MAHA movement, for all its rhetoric about chronic disease, has done nothing prominent on tobacco, and that the FDA is now actively undermining both the science and the law it was built to enforce. His closing warning is the bleakest note of the episode: America is in a public health apocalypse that will take decades to repair, it will be enormously hard to recruit a next generation into the field, the entire world will be harmed by the collapse of American public health infrastructure — and the impacts are only just beginning to show up. Play ball and swing for the fences on FanDuel, an official partner of the MLB at https://FANDUEL.COM. Protect your family with life insurance from Ethos. Get up to $3 million in coverage in as little as 10 minutes at https://ethos.com/chuck. Application times may vary. Rates may vary. For free and unbiased Medicare help, dial (980) 734-3985 to speak with my trusted partner, Chapter, or go to askchapter.org/chuck /*Paid Partnership Chapter and its affiliates are not connected with or endorsed by any government entity or the federal Medicare program. Chapter Advisory, LLC represents Medicare Advantage HMO, PPO, and PFFS organizations and stand alone prescription drug plans that have a Medicare contract. Enrollment depends on the plan’s contract renewal. While we have a database of every Medicare plan nationwide and can help you to search among all plans, we have contracts with many but not all plans. As a result, we do not offer every plan available in your area. Currently we represent 50 organizations which offer 18,160 products nationwide. We search and recommend all plans, even those we don’t directly offer. You can contact a licensed Chapter agent to find out the number of products available in your specific area. Please contact Medicare.gov, 1-800-Medicare, or your local State Health Insurance Program (SHIP) to get information on all of your options. Timeline: (Timestamps may vary based on advertisements) 00:00 Brian King (FDA center on tobacco) joins the Chuck ToddCast 03:45 We made incredible progress reducing cigarette smoking 04:15 Tobacco companies donated and received regulatory capture 05:00 Flavored vapes appeal more to kids & are problematic 06:30 Trump was pressured by executives from tobacco industry 07:15 There were multimillion dollar donations to Trump’s PAC 08:45 What’s the actual health data on nicotine outside of smoking? 09:15 Combustible products are the most harmful 09:45 Nicotine is highly addictive but isn’t causing the harm and deaths 10:30 Nicotine can harm the adolescent brain, it’s not risk free 11:15 Comparing nicotine vs. caffeine 13:00 Vaping typically isn’t a gateway back into smoking 14:15 There’s been pressure on FDA to bring back flavored products 16:45 $1M dollars an hour is being spent advertising tobacco products 17:30 Industry has been fighting all government action to reduce smoking 19:00 The FDA has been sidelined in the fight against smoking 19:30 Why are cigarettes even legal at all? 21:00 Tobacco farmers have transitioned to other crops in other countries 23:00 Reducing nicotine levels is highly effective 23:30 Outlawing menthol is also highly effective 25:15 Congress got it right with the Tobacco Control Act 27:00 How are sugary alcoholic beverages not in the same category? 28:00 What is age gating technology and how does it work? 30:00 Do we have good data on usage for people under 18? 32:30 Nicotine pouch usage isn’t high amongst kids, but isn’t going down 33:00 What is the data about health impacts from pouches? 34:30 Nicotine has a strong stimulant effect, helps with attention 35:15 Settlement in ‘98 required tobacco companies to pay costs in perpetuity 35:45 States have diverted those funds to other purposes 36:45 Did the tobacco industry actually take a hit from the settlement? 37:30 If still at FDA, what changes would you implement? 38:00 FDA has been undermining the science and the law 39:00 Effectiveness of banning indoor smoking 40:15 Should preventing underage addictions be the north star? 42:30 Congress has to regulate tobacco, FDA can’t do it on its own 43:15 MAHA hasn’t done anything prominent on tobacco 45:30 Is there litigation that could be pursued here? 46:45 We’re in a public health apocalypse, will take decades to repair 47:30 It will be hard to recruit people into public health 49:15 The entire world will be harmed by collapse of American public health 51:00 The impacts are just beginning to show up, will get worseSee omnystudio.com/listener for privacy information.
Chuck Todd opens with the Iran war's arrival on American soil: hackers have hit water systems across multiple states in one of the most serious cyberattacks on U.S. water infrastructure in years and investigators probing an Iranian link. Trump's response tells you everything about the presidency in its current state — he didn't blame the attacker, he blamed the victim, using the hack as an occasion to attack Minnesota Democrats. Chuck’s question hangs over the whole segment: was Trump briefed on the Iranian connection and went after Minnesota anyway? Either way, the first instinct was to find a Democrat to blame, which Chuck calls a kind of polarization disease that leaves a president caring more about his narrative than about American citizens drinking the water. It fits a pattern the episode keeps circling: Jeanine Pirro presented false evidence to a grand jury blaming a former Olympian for damage to the White House reflecting pool, dropped the case when Interior produced documents proving otherwise, and Trump publicly disagreed with dropping it because he still insists it was vandals. Chuck argues negative information never reaches Trump, and people who bring him bad news don't last long — which is how you end up with a president insisting affordability is a Democratic scam Then, Chuck highlights a Wall Street Journal piece that lays out Trump's corruption — roughly $800 million raised through what amounts to an advertised pay-to-play scheme. Anti-corruption is a devastating midterm message sitting right there for Democrats to pick up… then Chuck Schumer rolled out a bill that Chuck calls a piece of garbage: it wouldn't even cover the conduct in the WSJ story, it's likely unconstitutional because it names individuals, and — most absurdly — it creates a new anti-corruption agency inside the executive branch, meaning a corrupt president would appoint its director and seven board members and, per the Supreme Court, could fire them at will. Congress can already do every bit of the oversight the agency would perform and Schumer's answer to executive corruption is to hand the executive more power and write Congress out of its own job. He closes on Michigan and Wisconsin as the clearest signals of where the Democratic Party is headed — Abdul El-Sayed running a movement inside a Senate race with the explicit goal of changing the party, DSA-endorsed Francesca Wong leading in Wisconsin while the establishment fails to coordinate against her — and on the DSA's new call to abolish the Senate, which Senate Democrats pushed back on without ever defending the institution. Chuck defends it himself: the Senate is a feature, not a bug, a brake on political extremism, and the right response to losing an argument is to win it rather than rewrite the rules. Then, Dr. Brian King — the former director of the FDA's Center for Tobacco Products, who was placed on administrative leave in April 2025 as part of the mass HHS layoffs joins the Chuck Toddcast to explain what happens to public health when the agency charged with protecting it gets deliberately dismantled. King walks through the extraordinary progress America made reducing cigarette smoking over decades, and how quickly that's being unwound: the tobacco industry donated millions to Trump's PAC, executives pressured the White House directly, and the payoff has been regulatory capture and mounting pressure on the FDA to bring flavored products back to market. He's clear-eyed rather than absolutist on the science — combustible products are far and away the most harmful, nicotine itself is highly addictive but isn't what's killing people, though it's genuinely not risk-free for the adolescent brain — and he walks Chuck through the comparison to caffeine, the data on whether vaping serves as a gateway back into smoking, and what's actually known about nicotine pouches, where youth usage isn't high but stubbornly isn't declining either. The industry, meanwhile, is spending roughly a million dollars an hour advertising its products while fighting every government action to reduce smoking. The conversation turns to what actually works and what's being abandoned. King argues the two most effective interventions available are reducing nicotine levels in cigarettes and banning menthol, credits Congress for getting the Tobacco Control Act right, and stresses that Congress — not the FDA acting alone — has to be the one to regulate tobacco, which is precisely why sidelining the agency is so damaging. He and Chuck get into the questions nobody in Washington wants to answer: why are cigarettes legal at all, how are sugary alcoholic beverages not treated in the same category, and where did the money from the 1998 master settlement actually go. King is pointed that the MAHA movement, for all its rhetoric about chronic disease, has done nothing prominent on tobacco, and that the FDA is now actively undermining both the science and the law it was built to enforce. His closing warning is the bleakest note of the episode: America is in a public health apocalypse that will take decades to repair, it will be enormously hard to recruit a next generation into the field, the entire world will be harmed by the collapse of American public health infrastructure — and the impacts are only just beginning to show up. Finally, Chuck hops into the ToddCast Time Machine to revisit Watergate and Richard Nixon’s resignation, and answers listeners’ questions in the “Ask Chuck” segment. Play ball and swing for the fences on FanDuel, an official partner of the MLB at https://FANDUEL.COM. Protect your family with life insurance from Ethos. Get up to $3 million in coverage in as little as 10 minutes at https://ethos.com/chuck. Application times may vary. Rates may vary. For free and unbiased Medicare help, dial (980) 734-3985 to speak with my trusted partner, Chapter, or go to askchapter.org/chuck /*Paid Partnership Chapter and its affiliates are not connected with or endorsed by any government entity or the federal Medicare program. Chapter Advisory, LLC represents Medicare Advantage HMO, PPO, and PFFS organizations and stand alone prescription drug plans that have a Medicare contract. Enrollment depends on the plan’s contract renewal. While we have a database of every Medicare plan nationwide and can help you to search among all plans, we have contracts with many but not all plans. As a result, we do not offer every plan available in your area. Currently we represent 50 organizations which offer 18,160 products nationwide. We search and recommend all plans, even those we don’t directly offer. You can contact a licensed Chapter agent to find out the number of products available in your specific area. Please contact Medicare.gov, 1-800-Medicare, or your local State Health Insurance Program (SHIP) to get information on all of your options. Timeline: (Timestamps may vary based on advertisements) 00:00 Chuck Todd’s introduction 06:15 The Iran war has become a global conflict 06:45 Once again Trump issues threats, then walks them back 08:15 War is one of biggest strategic mistakes in decades 09:00 Increased gas prices have cost households additional $560 10:30 CISA warns that Iranian hackers are targeting water infrastructure 11:15 Iran could cause unreliability to the American water supply 13:00 Trump used hacking attacks to blame Minnesota Democrats 13:45 Trump didn’t blame the attacker, he blamed the victim 15:30 Jeanine Pirro blamed former Olympian for damage to reflecting pool 16:00 Dept. of Interior had documents proving otherwise, Pirro dropped case 17:00 Pirro presented false evidence to a grand jury 18:30 Trump publicly disagreed with Pirro dropping case, says it was vandals 19:30 Trump’s staff is shielding him from the truth 21:00 Trump’s lack of understanding reality is terrible for him 21:30 Trump’s low approval is a midterm disaster in the making 23:00 Stephanie Grisham says 85% of negative info is kept from Trump 24:15 People who bring Trump bad news don’t last very long 25:30 Republicans aren’t campaigning like things are going well 26:00 Ken Paxton puts out an affordability agenda, looks like a Dem proposal 27:15 Trump still saying affordability is scam made up by Democrats 28:15 Trump can’t understand the reality of the situation 28:45 Was Trump briefed on Iran hack… then attacked Minnesota anyway? 30:00 Trump’s first instinct was to find a Democrat to blame 30:45 Trump is demented with polarization disease 31:15 Trump cares more about his narrative than American citizens 32:15 Trump is bragging about his grifting an Americans are tired of it 33:15 Anti-Corruption is a massively effective midterm strategy 33:45 Chuck Schumer rolls out a stinker of an anti-corruption bill 34:45 WSJ publishes airtight piece about Trump’s overt corruption 35:45 There’s no buffer or plausible deniability for Trump in the corruption story 36:45 Trump is basically advertising that government is a pay to play scheme 37:45 There’s a list of presidential promises for favors that have been bought 38:15 Trump has raised $800m in pay for play schemes with little accounting 39:00 There is no law outlawing a president from raising unlimited money 39:30 Trump is now the biggest alligator in the swamp 40:15 Schumer’s bill is a piece of garbage, why many senators didn’t sign on 41:45 Jamie Raskin is performing oversight, Schumer wants agency to do it for him 42:30 The bill wouldn’t even cover the corruption outlined by the WSJ story 44:00 The bill is unconstitutional because it names individuals 45:00 Laws can target behavior, not individuals. It’d be thrown out in court 45:45 The agency Schumer proposed would live in the executive branch 46:15 Agency to stop a corrupt president would be staffed by the president?? 47:15 SCOTUS says president can fire the heads of exec branch agencies 48:45 If bill passed, Trump would pick agency head and 7 members of board 49:15 Congress can perform all the oversight the proposed agency would do 50:30 Congress could stop all this corruption if it wanted to 52:00 Schumer’s idea is to hand more power to the executive branch??? 54:30 The plan from congress is to write themselves out of oversight? 57:00 Schumer’s bill will never see the light of day 57:45 Michigan & Wisconsin will show where the Democratic party is headed 59:30 Abdul El-Sayed made clear his goal is to change the Democratic party 1:00:15 His campaign is a movement inside a senate race 1:01:00 Francesca Wong in Wisconsin is frontrunner & endorsed by DSA 1:01:45 Establishment hasn’t coordinated well to stop Wong 1:02:15 Movement politicians are usually right about the future, wrong about present 1:03:30 Sometimes the movement comes first, sometimes the coalition does 1:04:00 DSA has become a force, and is now calling for abolishing the senate 1:05:00 Senate democrats pushed back, but didn’t defend the senate 1:05:45 The senate is a feature, not a bug 1:06:30 The senate is a brake on political extremism 1:07:15 The response is to win the argument, not rewrite the rules 1:08:00 Movement nominees are easier to defeat than governing ones 1:14:15 Brian King (FDA center on tobacco) joins the Chuck ToddCast 1:18:00 We made incredible progress reducing cigarette smoking 1:18:30 Tobacco companies donated and received regulatory capture 1:19:15 Flavored vapes appeal more to kids & are problematic 1:20:45 Trump was pressured by executives from tobacco industry 1:21:30 There were multimillion dollar donations to Trump’s PAC 1:23:00 What’s the actual health data on nicotine outside of smoking? 1:23:30 Combustible products are the most harmful 1:24:00 Nicotine is highly addictive but isn’t causing the harm and deaths 1:24:45 Nicotine can harm the adolescent brain, it’s not risk free 1:25:30 Comparing nicotine vs. caffeine 1:27:15 Vaping typically isn’t a gateway back into smoking 1:28:30 There’s been pressure on FDA to bring back flavored products 1:31:00 $1M dollars an hour is being spent advertising tobacco products 1:31:45 Industry has been fighting all government action to reduce smoking 1:33:15 The FDA has been sidelined in the fight against smoking 1:33:45 Why are cigarettes even legal at all? 1:35:15 Tobacco farmers have transitioned to other crops in other countries 1:37:15 Reducing nicotine levels is highly effective 1:37:45 Outlawing menthol is also highly effective 1:39:30 Congress got it right with the Tobacco Control Act 1:41:15 How are sugary alcoholic beverages not in the same category? 1:42:15 What is age gating technology and how does it work? 1:44:15 Do we have good data on usage for people under 18? 1:46:45 Nicotine pouch usage isn’t high amongst kids, but isn’t going down 1:47:15 What is the data about health impacts from pouches? 1:48:45 Nicotine has a strong stimulant effect, helps with attention 1:49:30 Settlement in ‘98 required tobacco companies to pay costs in perpetuity 1:50:00 States have diverted those funds to other purposes 1:51:00 Did the tobacco industry actually take a hit from the settlement? 1:51:45 If still at FDA, what changes would you implement? 1:52:15 FDA has been undermining the science and the law 1:53:15 Effectiveness of banning indoor smoking 1:54:30 Should preventing underage addictions be the north star? 1:56:45 Congress has to regulate tobacco, FDA can’t do it on its own 1:57:30 MAHA hasn’t done anything prominent on tobacco 1:59:45 Is there litigation that could be pursued here? 2:01:00 We’re in a public health apocalypse, will take decades to repair 2:01:45 It will be hard to recruit people into public health 2:03:30 The entire world will be harmed by collapse of American public health 2:05:15 The impacts are just beginning to show up, will get worse 2:07:00 Toddcast Time Machine - The five days that ended Richard Nixon 2:07:30 Nixon resigned 52 years ago, this week 2:08:15 Why is Nixon the only president that paid a price for his corruption? 2:09:15 We tell the story of Watergate backwards and start with resignation 2:10:30 The June arrests weren’t the beginning of Watergate 2:12:15 We don’t know what Nixon’s operation learned before the arrests 2:14:00 We never got full answer on the missing 18 minutes 2:14:45 Supreme Court stayed in session during summer to oversee Watergate 2:15:15 Smoking gun tape goes public six days after the break-in 2:16:00 Nixon needed 34 votes in the senate to survive, only had 16 2:16:45 Impeachment in the house was a foregone conclusion 2:17:15 Senators didn’t demand he resign, just showed Nixon the numbers 2:20:30 How different would history have looked had Nixon survived? 2:21:15 Ask Chuck 2:21:30 Is presidency becoming more powerful in a way that could outlast Trump 2:24:30 Can the U.S. government create a true unbiased media source? 2:28:15 Would mandatory voting create better political participation? 2:32:45 Would Illinois make for a better early primary state? 2:34:30 Why not hold every primary on the same day? 2:36:45 Personal anecdote about AI job displacement and fearSee omnystudio.com/listener for privacy information.
In this case, the court considered this issue: Can retailers who would sell a new tobacco product seek judicial review of the FDA's denial of a manufacturer's marketing application under the Tobacco Control Act?The case was decided on June 20, 2025. The Supreme Court held that the Tobacco Control Act's provision that “any person adversely affected” by the FDA's denial of a marketing application may seek judicial review extends to retailers who would sell the new tobacco product, not just the manufacturers who applied for approval. Justice Amy Coney Barrett authored the 7-2 majority opinion of the Court.The phrase “adversely affected” is a term of art in administrative law that the Court has consistently interpreted broadly. When Congress uses variations of this phrase across different statutes, the Court presumes it carries the same meaning as in the Administrative Procedure Act—covering anyone “arguably within the zone of interests to be protected or regulated by the statute.” Congress reinforced this broad interpretation by using “any person” rather than limiting review to “the applicant.” The Court's precedents from other contexts, including employment discrimination and fair housing cases, confirm that “adversely affected” encompasses more than just the direct recipient of agency action. Retailers face a direct, significant impact from denial orders because they lose the opportunity to profit from selling the product and face criminal penalties if they sell it without authorization.The statutory structure confirms Congress intended different scopes for different provisions. While the Act limits challenges to withdrawal of existing approvals to only “the holder of the application,” it uses the broader “any person adversely affected” language for initial denials. This deliberate use of materially different terms creates a presumption that Congress intended different meanings. The FDA's arguments focusing on the application process and confidentiality provisions cannot override the plain language Congress chose for the judicial review provision.Justice Ketanji Brown Jackson authored a dissenting opinion, joined by Justice Sonia Sotomayor, arguing that retailers fall outside the statute's zone of interests because the premarket approval scheme involves only manufacturers and the FDA, with no mechanism for retailer participation.The opinion is presented here in its entirety, but with citations omitted. If you appreciate this episode, please subscribe. Thank you.
Under the Family Smoking Prevention and Tobacco Control Act, the FDA must approve new tobacco products. Wages and White Lion Investments (dba Trion Distribution) and Vapetasia manufacture and sell flavored nicotine-containing liquids for use in refillable e-cigarette systems. They applied for FDA approval in 2020; about ten months later, the FDA announced new requirements for approval and, based on those requirements, denied the applications citing the deficiency. The manufacturers challenged the denial and the Fifth Circuit, sitting en banc, found the FDA's actions were arbitrary and capricious. SCOTUS heard oral argument on Monday, December 2, 2024. On April 2, 2025, the Court issued a decision vacating the Fifth Circuit in a 9-0 opinion written by Justice Alito. Justice Sotomayor wrote a concurring opinion. Join us for a Courthouse Steps Decision panel discussion, where a group of experts will discuss this important case and its potential effects not just for regulated parties but in the broader administrative law space. Featuring: Prof. Jonathan H. Adler, Johan Verheij Memorial Professor of Law and Director, Coleman P. Burke Center for Environmental Law, Case Western Reserve University School of Law Prof. Kristin E. Hickman, Distinguished McKnight University Professor and Harlan Albert Rogers Professor in Law, University of Minnesota Law School Prof. Richard J. Pierce, Jr., Lyle T. Alverson Professor of Law, George Washington University Law School (Moderator) Eli Nachmany, Associate, Covington & Burling LLP
This Day in Legal History: Smith v. AllwrightOn April 3, 1944, the United States Supreme Court delivered a landmark decision in Smith v. Allwright, reshaping the landscape of voting rights in the American South. The case centered on Lonnie E. Smith, a Black voter from Texas who was denied the right to vote in the Democratic Party's primary election due to a party rule that only allowed white voters to participate. At the time, the Democratic primary was the only meaningful election in many Southern states, as the party dominated politics, making exclusion from the primary tantamount to disenfranchisement.The Texas Democratic Party argued that, as a private organization, it had the right to determine its own membership and voting rules. However, the Court, in an 8–1 decision authored by Justice Stanley Reed, held that primaries were an integral part of the electoral process and could not be exempt from constitutional scrutiny. The justices concluded that excluding Black voters from primaries violated the Fifteenth Amendment, which prohibits racial discrimination in voting.This ruling effectively overturned the Court's 1935 decision in Grovey v. Townsend, which had upheld the use of white primaries. The Smith decision marked a critical step toward dismantling the legal architecture of Jim Crow voter suppression. While states continued to use other tactics to limit Black political power, the ruling energized civil rights activists and laid the foundation for future litigation.By reasserting federal authority over state electoral practices, Smith v. Allwright signaled a turning point in the judicial battle against racial segregation and disenfranchisement. It also demonstrated the Court's growing willingness to confront systemic racism in voting, a commitment that would deepen during the civil rights era. This case is remembered as one of the pivotal moments in the long struggle for voting rights in the United States.The U.S. Supreme Court largely upheld the FDA's authority to deny applications for flavored vaping products, supporting actions taken during the Biden administration under the 2009 Tobacco Control Act. The unanimous ruling rejected arguments from companies like Triton Distribution and Vapetasia LLC, which claimed the FDA unfairly imposed new testing requirements and ignored their marketing plans. These companies had applied to sell flavors like “Suicide Bunny Mother's Milk and Cookies” and “Killer Kustard Blueberry.”The Court found the FDA's approach consistent with its earlier guidance, despite claims from the 5th U.S. Circuit Court of Appeals that the agency had pulled a “regulatory switcheroo.” Justice Samuel Alito wrote the opinion, agreeing with most of the FDA's decisions but sending the case back to the appeals court to reassess whether the agency erred in refusing to consider the companies' marketing plans—an element the FDA had previously called “critical” for evaluating youth appeal.Though the ruling solidifies the FDA's regulatory role, its long-term impact is uncertain. President Trump, in furtherance of his undying effort to always be on the wrong side of everything, has promised to “save vaping,” though his campaign never clarified what that means in terms of future regulation. The case, FDA v. Wages and White Lion, leaves the appeals court to decide whether any procedural missteps by the FDA were ultimately harmless.Supreme Court Largely Backs Biden-Era FDA on Flavored Vapes (1)Elon Musk's time in Washington as head of the Department of Government Efficiency (DGE) appears to be nearing its end. Both Musk and President Trump have hinted that his departure is imminent, with Trump noting that DGE itself “will end.” Originally designed as a temporary advisory panel to cut federal costs, DGE has morphed into a more integrated part of the government, staffed with Musk allies tasked with canceling contracts and slashing budgets.However, signs of a wind-down are emerging. DGE staff are being reassigned to federal agencies, layoffs are underway, and the organization's influence seems to be diminishing. Musk, a special government employee limited to 130 working days per year, is approaching that limit, though neither he nor the administration has confirmed when his tenure will end.Musk's recent political involvement also took a hit when his preferred candidate for the Wisconsin Supreme Court lost, despite significant financial backing and a campaign visit. Tesla's 13% drop in quarterly sales adds further pressure. Trump praised Musk's contributions but acknowledged his corporate obligations, suggesting a graceful exit is likely rather than a public fallout.DGE had once shared leadership between Musk and Vivek Ramaswamy, but Ramaswamy left to run for Ohio governor. While Musk boasted about aiming to reduce the deficit by a trillion dollars, critics say the group's progress has been overstated. Despite speculation, Trump hasn't committed to keeping DGE operational post-Musk, indicating the administration may be moving to a new phase of governance.Musk could be headed for a Washington exit after turbulent times at Trump's DOGE | AP NewsPresident Donald Trump announced a new agreement with law firm Milbank, marking another chapter in the growing divide among U.S. law firms over how to handle pressure from his administration. According to Trump's Truth Social post, Milbank initiated the deal, which includes a commitment to provide $100 million in pro bono legal services for causes like veterans' support and combating antisemitism.The agreement comes amid a broader Trump administration effort to punish firms that have opposed or challenged his policies. Several law firms—such as Perkins Coie, WilmerHale, and Jenner & Block—have filed lawsuits seeking to block executive orders they claim were retaliatory and violated constitutional protections of free speech and due process. Federal judges recently issued temporary blocks on parts of those orders.In contrast, other firms including Paul Weiss, Skadden Arps, and Willkie Farr have opted for settlement-style deals with the administration to avoid similar sanctions. Milbank's chairman, Scott Edelman, reportedly described the agreement as aligned with the firm's values and praised the productive talks with the administration.This situation underscores a growing rift in the legal community: some firms are resisting what they see as political coercion, while others are choosing cooperation to preserve their standing with the federal government.Trump reaches agreement with Milbank law firm | ReutersPresident Trump announced a sweeping new tariff policy during a Rose Garden press conference, unveiling a "reciprocal" trade strategy aimed at countering what he described as decades of unfair treatment by U.S. trading partners. Holding a copy of a government report titled Foreign Trade Barriers, Trump declared that the U.S. will now impose tariffs that are approximately half the rate other countries charge American exports—but with a minimum baseline tariff of 10%, and many rates going significantly higher.Countries hit with new tariffs include:* China: 34%* European Union: 20%* Japan: 24%* South Korea: 25%* Switzerland: 31%* United Kingdom: 10%* Taiwan: 32%* Malaysia: 24%* India: 26%* Brazil: 10%* Indonesia: 32%* Vietnam: 46%* Singapore: 10%Trump also confirmed a 25% tariff on all foreign-made automobiles, stacking on the above-referenced rates, effective at midnight, and pointed to motorcycle tariffs as a key example of longstanding trade imbalances. He argued that U.S. manufacturers face rates as high as 75% abroad, while the U.S. imposes just 2.4%.The president justified the move as necessary to protect American jobs and industry, singling out countries like Canada and Mexico for benefiting from U.S. subsidies and defense spending. Detroit autoworker Brian Pannebecker spoke in support, calling Trump's actions a hopeful step toward revitalizing shuttered factories.While Trump emphasized that the tariffs fall short of full reciprocity to avoid overwhelming allies, he made clear the era of what he called “economic surrender” was over. The announcement included plans to sign an executive order formalizing the new tariff regime, which boosted U.S. stock futures as markets reacted positively to the aggressive trade stance. Oh no I'm sorry, I got that wrong: stock futures tanked. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe
In this episode of the Snubie.com Snus Podcast, we talk about snus and nicotine pouches, UPS, the FDA, and the appointment of RFK, Jr. to HHS, and what his impact on the FDA could be. 0:00:47 - Snubie's move to Rumble0:02:57 - Tobacco Control Act & PACT Act Background0:17:00 - FDA “Red Lists”0:21:27 - Stores still shipping to the US0:24:31 - RFK, Jr and the FDA0:48:35 - Submitted Questions1:09:10 - Wrap-UpRelated Articles:FDA Red List & Background / Allowed Stores: http://chadizzy1.blogspot.com/2024/12/fda-red-list-updated-22-december-2024.htmlLarry's Articles on Tobacco Control Act and the PACT Act:https://www.snuscentral.org/snus-news/mr-unz-reports/the-tobacco-act-wasted-taxpayer-dollars-and-the-new-tobacco-black-market/https://www.snuscentral.org/snus-news/mr-unz-reports/the-pact-act-the-calm-before-the-storm/https://www.snuscentral.org/snus-news/mr-unz-reports/obama-the-pact-act-and-the-swedish-seneca-nation/https://www.snuscentral.org/snus-news/mr-unz-reports/pact-act-passes-house-hypocrisy-marches-on/https://www.snuscentral.org/snus-news/mr-unz-reports/s1147-the-pact-act-a-date-which-will-live-in-infamy/For all the breaking snus news, newest reviews, and extensive information - http://www.Snubie.comHelp Support Snubie.com - http://www.Snubie.com/Support.html.Snubie Videos: http://www.SnubieTV.comSocial Media:Facebook - http://www.Facebook.com/SnubieInstagram - http://www.Instagram.com/SnubieDotComTwitter - http://www.Twitter.com/SnubieDotComReddit - http://www.reddit.com/r/SnubieDotComBlueSky - https://bsky.app/profile/snubiedotcom.bsky.social
Under the Family Smoking Prevention and Tobacco Control Act, the FDA must approve new tobacco products. Wages and White Lion Investments (dba Trion Distribution) and Vapetasia manufacture and sell flavored nicotine-containing liquids for use in refillable e-cigarette systems. They applied for FDA approval in 2020; about ten months later the FDA announced new requirements for […]
Under the Family Smoking Prevention and Tobacco Control Act, the FDA must approve new tobacco products. Wages and White Lion Investments (dba Trion Distribution) and Vapetasia manufacture and sell flavored nicotine-containing liquids for use in refillable e-cigarette systems. They applied for FDA approval in 2020; about ten months later the FDA announced new requirements for approval and, based on those requirements, denied the applications citing the deficiency. The manufacturers challenged the denial and the Fifth Circuit, sitting en banc, found the FDA's actions were arbitrary and capricious. SCOTUS granted the FDA's cert petition and the court heard oral argument on Monday, December 2. Join us in discussing the argument and considering which way the Court might take this.Featuring:Misha Tseytlin, Partner, Troutman Pepper Hamilton Sanders LLPModerator: Hon. Jennifer Perkins, Arizona Court of Appeals, Division One--To register, click the link above.
This Day in Legal History: John Brown HangedOn December 2, 1859, John Brown, a fervent abolitionist, was executed by hanging after being convicted of treason, murder, and inciting an insurrection. Brown's actions culminated in the October 1859 raid on the federal armory at Harper's Ferry, Virginia (now West Virginia), where he and his small band of followers aimed to spark a widespread slave uprising. The raid ultimately failed, with local militia and federal troops, led by then-Colonel Robert E. Lee, quelling the assault. Brown and several of his men were captured, while others were killed in the attack or shortly thereafter. At his trial, Brown delivered a defiant and eloquent speech, asserting his moral righteousness and condemning the institution of slavery. He proclaimed that he acted on divine principles to aid the oppressed, famously stating, “If it is deemed necessary that I should forfeit my life for the furtherance of the ends of justice... I submit; so let it be done.” These words cemented Brown's place as a martyr in the eyes of abolitionists and a villain to many in the pro-slavery South. Brown's execution deepened the sectional divide in the United States. His death was celebrated in much of the South as justice served but mourned in the North as the loss of a man willing to sacrifice everything for the cause of ending slavery. The incident inflamed tensions, contributing to the accelerating march toward the Civil War. To many, John Brown remains a complex figure—part radical, part visionary, whose unwavering commitment to justice continues to spark debate about the means and ends of social change.President Joe Biden issued a full pardon for his son Hunter Biden, reversing his previous stance against using executive power in the case. The pardon covers all offenses committed by Hunter between 2014 and 2024, including gun and tax charges for which he was recently convicted. Biden justified the decision, calling the charges politically motivated attacks by his opponents aimed at undermining him and his family. Hunter, in his statement, expressed gratitude and vowed to use his second chance to help others struggling with addiction. The timing of the pardon, just weeks before Biden's departure from office, drew sharp criticism from Republicans, who have long accused Hunter Biden of unethical business practices and leveraging his father's influence. GOP lawmakers, including Representative James Comer, denounced the move as an attempt to shield the Biden family from accountability, despite a lack of evidence connecting President Biden to any misconduct. Former President Donald Trump criticized the pardon on social media, framing it as part of a broader misuse of the justice system, a claim his team frequently makes about their own legal battles. Hunter Biden's legal team confirmed they have filed to dismiss pending cases in multiple courts based on the pardon. The decision reignited debate over executive clemency and its role in politically charged cases, highlighting the partisan tensions surrounding both Hunter and President Biden.Biden Pardons Son Hunter in Reversal With Weeks Left in Term (2)The U.S. Supreme Court will hear arguments regarding the FDA's denial of flavored e-cigarette products, focusing on whether the agency followed proper legal procedures under the Administrative Procedure Act. The FDA rejected applications from Triton Distribution and Vapetasia, among others, citing health risks to youth, as flavors like “pink lemonade” and “Suicide Bunny Mother's Milk and Cookies” were seen as appealing to minors. The FDA's review process requires e-cigarette makers to demonstrate that their products benefit public health more than they pose risks, a standard critics argue is stringent. The 5th U.S. Circuit Court of Appeals ruled earlier this year that the FDA's decision was "arbitrary and capricious," as it failed to consider measures proposed by the companies to restrict underage use. This ruling conflicts with decisions from seven other federal appellate courts that upheld the FDA's actions, prompting the agency's Supreme Court appeal. The FDA has authorized only 34 flavored e-cigarette products, all tobacco or menthol flavored, while rejecting over a million others due to concerns about youth usage. The agency found that flavored e-cigarettes are the most popular tobacco product among teens, with flavor cited as a key motivator. The Supreme Court, with its conservative majority, has increasingly limited federal regulatory authority, making this case a critical test of the FDA's powers under the Tobacco Control Act.US Supreme Court to scrutinize FDA denial of flavored vape products | ReutersJPMorgan Chase and Tesla have agreed to settle their long-running legal dispute over stock warrants, dropping their claims against each other. The lawsuit, filed by JPMorgan in 2021, sought $162.2 million, alleging that Tesla breached a 2014 agreement related to the warrants. These financial instruments allowed JPMorgan to buy Tesla shares at a set price and date, but the bank argued that Elon Musk's 2018 tweet about potentially taking Tesla private at $420 per share significantly affected the stock's value and required repricing of the warrants. Tesla countersued in 2023, accusing JPMorgan of exploiting the repricing to seek an undue financial advantage. Despite the acrimony, the companies resolved their differences in a Manhattan court filing, and settlement terms were not disclosed. JPMorgan described the outcome as a positive resolution and indicated plans to develop a new commercial relationship with Tesla. Musk's controversial 2018 tweet, which led to market volatility, also prompted regulatory scrutiny, including a deal with the SEC requiring pre-approval for certain of his tweets. The settlement ends years of legal battles and clears the way for the two firms to move forward collaboratively.JPMorgan agrees to drop lawsuit against Tesla over stock warrants | ReutersDonald Trump's decision to nominate Kash Patel as FBI director has sparked bipartisan criticism and raised concerns over Patel's qualifications and polarizing rhetoric. A staunch Trump loyalist, Patel has frequently attacked the FBI, labeling it a core part of the so-called “deep state,” and has vowed to shut down its Washington, D.C., headquarters, calling for it to be repurposed as a “museum of the deep state.” His nomination, dependent on the removal of current FBI director Christopher Wray, faces strong opposition in the Senate, even among some Republicans. Senator Mike Rounds (R-SD) praised Wray's leadership and hinted at resistance to Patel's confirmation, emphasizing the Senate's constitutional role in vetting nominees. Other Republicans, like Senators Ted Cruz and Bill Hagerty, support Patel, citing his commitment to dismantling perceived FBI corruption. However, Democrats and some moderates view Patel's nomination as a politicized attack on the agency. Representative Jamie Raskin (D-MD) challenged claims of FBI partisanship under President Biden, pointing to high-profile prosecutions of Democratic politicians as evidence of impartiality. Critics are alarmed by Patel's inflammatory statements, including threats to use federal power against perceived political enemies and his accusations against individuals like Biden's national security adviser, Jake Sullivan. Patel's loyalty to Trump, coupled with his lack of traditional law enforcement experience, has further fueled concerns about his fitness to lead the nation's premier investigative agency. Patel's nomination is part of a series of controversial picks by Trump for his potential administration, including appointing convicted felon Charles Kushner as ambassador to France and other contentious figures to key roles. These decisions highlight Trump's intent to reshape federal agencies according to his political vision, drawing sharp criticism from opponents and skepticism even from within his party.Conspiracy theorist Kash Patel, Trump's pick to lead FBI, faces Senate blowback | FBI | The Guardian This is a public episode. 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The James Center for Tobacco Research “is truly one of the largest, if not the largest centers in the country and we clearly have the greatest breadth and depth of tobacco research in the country,” said Ted Wagener, PhD, director of the Center. Since the adoption of the 2009 Tobacco Control Act, the U.S. Food and Drug Administration has regulated the tobacco industry. Wagener compared this to “whack-a-mole,” explaining that “the tobacco industry is always looking for loopholes.” These loopholes include the use of menthol, synthetic cooling agents, electronic cigarettes and flavored products for electronic cigarette use that are more attractive to teenagers. The tobacco industry is also developing a synthetic nicotine product that might not be considered a tobacco product in order to avoid regulation by the FDA. “We can, as researchers, affect legislation through our research … and we're trying to stay one step ahead of the [tobacco-producing companies],” Wagener said. “And that's tough to do because they're the ones creating the products.” For example, Wagener explained, tobacco companies use menthol to make their products less harsh and more palatable. “Menthol has a cooling sensation that makes it easier for young people to inhale.” He adds that research has shown that the tobacco industry targets younger users through these types of “starter programs,” hoping to create lifelong users. Initial research indicates electronic cigarettes are a nicotine delivery system that “delivers less carcinogens and toxicants than cigarettes,” Wagener said. “But still there are some carcinogens and toxicants and so, it seems to me, the cigarette companies are trying to come up with ways to negate the bad effects and still deliver nicotine. So far they haven't been able to. In the meantime, they're going to sell whatever they can and try to get away with whatever they can.” For example, while flavors for electronic cigarettes are banned, they are still readily available. While the number of smokers in the United States is dropping “we still have 500,000 people a year dying of tobacco-related diseases,” Wagener said.
This Day in Legal History: Kent State Shooting SettlementOn January 4, 1979, a significant chapter in American legal and civil rights history was marked by the state of Ohio's out-of-court settlement with victims and families affected by the tragic events at Kent State University. Nearly a decade earlier, on May 4, 1970, the country was shaken by an incident where National Guardsmen opened fire during a student protest at the university, leading to the loss of lives and numerous injuries.This day symbolizes a pivotal moment of acknowledgment and reparation by the state, as the settlement recognized the suffering and trauma endured by those involved. It served not just as a financial resolution but also as a public statement on the gravity of the events that transpired.The Kent State shooting had been a watershed moment in the history of civil protests and government response in the United States. Students had gathered to protest against the Vietnam War, embodying the widespread sentiment and unrest of the era. The response of the National Guard, which escalated to gunfire, became a subject of intense scrutiny and debate, highlighting the complex dynamics between civil rights, governmental authority, and public safety.The settlement of January 4, 1979, while not undoing the past, represented a form of closure for many involved. It was a reminder of the legal system's role in providing recourse and recognition to victims of such incidents. This event continues to be remembered as an essential reminder of the delicate balance between state authority and citizens' right to peaceful protest, a balance that remains ever-relevant in today's civic discourse.Former President Donald Trump's appeal of a Colorado ruling, which barred him from the 2024 presidential ballot, may compel the U.S. Supreme Court to make a significant decision regarding his election prospects. This situation arises from Colorado and Maine's unique legal decisions, based on Trump's actions preceding the January 6, 2021, Capitol attack, to disqualify him under a constitutional clause related to insurrection or rebellion. Legal experts anticipate that the Supreme Court, with its conservative majority, including three Trump appointees, faces a critical and potentially divisive decision. The court's ruling could significantly impact U.S. democracy, as states currently hold varying standards for office eligibility.The case hinges on the interpretation of Section 3 of the Fourteenth Amendment's disqualification clause, previously unused to deem a presidential candidate ineligible. This clause prohibits anyone who engaged in insurrection or rebellion, after taking an oath to support the U.S. Constitution, from holding office. Trump's legal team argues that this clause does not apply to U.S. presidents and that the question of presidential eligibility is for Congress to decide.The Supreme Court's involvement in Trump's legal battles is not new. Despite his influence in appointing three justices, Trump has expressed dissatisfaction with the court for not supporting his claims, particularly regarding the 2020 election results. The court has previously sidestepped cases related to Trump's eligibility and allegations of election fraud.This situation draws parallels with the Bush v. Gore case in 2000, though the current context is marked by greater public polarization and perceived fragility of democracy. Legal experts suggest that a unanimous or near-unanimous ruling from the court could help preserve its legitimacy, signaling that the decision transcends partisan lines. The outcome of this case is set to have profound implications on the upcoming election and the public's perception of the judiciary's role in politics.Trump's Colorado appeal may force US Supreme Court to rule on his future | ReutersMichael Cohen's attorney, David Schwartz, has requested a Manhattan federal judge to forgo sanctions against him for including fake case citations in court papers. These citations, mistakenly generated by the AI program Google Bard, were provided to Schwartz by Cohen, Donald Trump's former lawyer and fixer. Cohen, who is set to be a key witness against Trump in a criminal trial, admitted to inadvertently creating these fictitious citations.Schwartz acknowledged his error and responsibility, stating he had relied too much on Cohen instead of directly communicating with another lawyer on the case, E. Dayna Perry. He believed that Perry, not Cohen, had been responsible for researching the cases. The cited cases were part of Cohen's effort to conclude his supervised release after imprisonment for campaign finance violations.Perry, in a separate filing, countered Schwartz's claims, suggesting he had no basis to believe she was the source of the cases and criticized his attention to detail. Schwartz, who is represented by retired judges Barry Kamins and John Leventhal, refrained from responding to Perry's personal remarks. This incident comes amid a broader context where Cohen is a witness in New York Attorney General Letitia James' civil fraud case against Trump and is expected to testify in a criminal case related to Trump's alleged falsification of business records.Michael Cohen's lawyer asks court to spare sanctions over made-up cases | ReutersThe U.S. Food and Drug Administration (FDA) has been ordered by a federal appeals court to reassess its decision to prohibit two e-cigarette liquid manufacturers from marketing their products. This ruling, a 9-5 decision from the 5th U.S. Circuit Court of Appeals in New Orleans, reverses a July 2022 verdict by a three-judge panel of the same court. The majority opinion, penned by Circuit Judge Andrew Oldham, criticized the FDA for not considering the companies' detailed marketing plans aimed at preventing youth abuse, despite previously stating the importance of such plans.Eric Heyer, the lawyer for Triton Distribution and Vapetasia LLC, expressed satisfaction with the court's decision and urged the FDA to clarify the requirements for product approval. The FDA, which categorized e-cigarettes as tobacco products under the Tobacco Control Act in 2016, initially recognized e-cigarettes as potential aids for adult smokers transitioning from traditional cigarettes. However, it faced pressure to limit flavored e-cigarettes due to a surge in youth vaping.Triton and Vapetasia had sought approval for products with flavors like sour grape and pink lemonade, and names such as "Jimmy The Juice Man Strawberry Astronaut" and "Suicide Bunny Bunny Season." The FDA, which had rejected over a million applications since 2021 including those from Triton and Vapetasia, found no evidence of these products benefiting adult smokers. As of November, the agency had approved only 23 e-cigarette products, all tobacco-flavored. Circuit Judge Catharina Haynes, dissenting, argued that the FDA's decision was reasonable, as the products lacked proven benefits for adults.FDA ordered to reconsider denial of approval for vape products | Reuters Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe
Join Frank T. Leone, MD, MS, FCCP, Chair of CHEST's Tobacco/Vaping Work Group, for an interview with Brian King, PhD, MPH, the recently appointed Director of the Center for Tobacco Products (CTP). The CTP is the Food and Drug Administration arm responsible for carrying out the law commonly known as the Tobacco Control Act, which gave the agency broad authority to regulate the manufacturing, distribution, and marketing of tobacco products. Their conversation touches on key priorities for CTP, the enforcement capacity of the agency, updates on the evaluation of electronic cigarettes, and the goals of reducing nicotine content in cigarettes. Finally, Dr. King shares advice on how you—a member of the chest medicine community—can become more engaged in these types of issues. CHEST's advocacy mission CHEST supports the development of policies and regulatory or legislative actions that improve access to health, particularly around tobacco and vaping, oxygen access, pulmonary rehabilitation, and noninvasive ventilation. Read about our advocacy priorities and statements. LEARN MORE ABOUT CHEST ADVOCACY »
Congress has given FDA Tobacco authority to regulate synthetic nicotine under the auspices of the Tobacco Control Act. Here's their guidance document.https://www.fda.gov/.../requirements-products-made-non...Jerry wants everyone to think he is relevant. But he really is just showing why he still isn't SG.https://twitter.com/nachtnoir/status/1514784370258690048Mice should not #vapehttps://www.salon.com/.../study-suggests-e-cigarettes.../...Some people are concerned over Adults making Adult Choiceshttps://theprairienews.com/.../the-epidemic-of-vaping/...Vape shop owners upset that they got in troublehttps://news.yahoo.com/vape-shop-owners-want-store...Don't vape in your colonhttps://playcrazygame.com/.../vape-can-cause-brain.../...What's in your vape?https://www.wtrf.com/.../urine-and-heroin-found-in.../...Vitamin E Acetate? Who knew?https://insideucr.ucr.edu/.../study-identifies-toxic...JUUL pays $87 million in fineshttps://www.bloomberg.com/.../juul-to-pay-22-5-mln-to...https://www.newsweek.com/juul-pay-87-million-states-over...The wheels on the bus go round and roundhttps://www.kait8.com/.../concerns-after-bus-driver.../...
June of last year RegWatch brought you the story of a longshot legal challenge against the U.S. Food and Drug Administration by Big Time Vapes, a Mississippi vape shop and e-liquid manufacturer, and the United States Vaping Association (USVA). The lawsuit argues Congress ceded too much authority to the executive branch when it passed the Tobacco Control Act of 2009, an authority used by the FDA to deem vaping products to be a tobacco product. The original complaint was dismissed in U.S. District Court in 2019, and since our last coverage, the suit failed on appeal. However, it's not over until it's over and that leaves the U.S. Supreme Court. Joining us today on RegWatch is Jared Najvar the lawyer behind the Supreme Court challenge and legal advocate Greg Troutman who filed an amicus brief on behalf of 19 vaping associations in support of Big Time Vape's petition to the highest court in the land. Could SCOTUS rule in vaping's favor? Find out! Only on RegWatch by RegulatorWatch.com Released: February 11, 2021 Produced by Brent Stafford https://youtu.be/iTkxr7QbrBs This episode is supported by DEMAND VAPE Make RegWatch happen, go to https://support.regulatorwatch.com
The crew is back with season two of Stick the Script!We kick off the journey with the gentlemen at the Premium Cigar Association (PCA). Scott Pearce, Executive director, and Joshua Habursky, Head of Government Affairs, graciously sat down with us to explain how the organization fights for the rights of cigar and pipe smokers while helping to keep political powers fair in the treatment of the tobacco industry. Scott and Josh, the wolf of K St, explains how they lobby to influence US Federal and State legislative regulations that affect retail, consumer, and the manufacturing aspects of the premium tobacco industry. Learn about the Tobacco Control Act overseen by Congress and the FDA. With 30,000 direct jobs in the retail sector and 20,000 in secondary and tertiary businesses. These folks are our first line of defense.There are forces at work to eliminate cigar and pipe smoking. The guys break down how important it is to educate consumers as well as policymakers about the facts and myths. Most importantly, they detail how the over 3 million cigar smokers can get involved and assist in stopping the threat to this wonderful lifestyle of premium tobacco enjoyment.Remember... Stick to the Script!
The fight to save vaping has always been a David versus Goliath struggle. Facing countless regulatory hurdles, the U.S. vaping industry mostly comes up short when seeking relief from the courts for what it believes to be arbitrary and capricious rulemaking by the U.S. Food and Drug Administration. With FDA poised (yet again) to deliver a death blow to the U.S. vaping industry via its Pre-market Tobacco Application process, a lawsuit championed by Big Time Vapes Inc. and the United States Vaping Association Inc. could stave off disaster if the plaintiffs successfully argue, before the Fifth Circuit Court of Appeals, that Congress ceded too much authority to the executive branch when it passed the Tobacco Control Act of 2009. An authority used by the FDA to deem vaping products subject to FDA regulation. In this episode of RegWatch we are joined by USVA's lawyer Jerad Najvar to discuss the intricacies of the case, including whether the “deeming” authority is so extreme that it's unconstitutional, and if Congress failed in its duty when it delegated power to legislate to the FDA with little guidance and no restraint. Live Streamed: June 10, 2020 Sr. Producer: Cindy Schmidt Exec. Producer: Brent Stafford Make RegWatch happen, go to: support(dot)regulatorwatch(dot)com https://youtu.be/c9GG1VwIk4s
Margaret Hamburg, Foreign Secretary, National Academy of Medicine; Former Commissioner, U.S. Food and Drug Administration “I always said it was a question of when, not if, we would have to combat a global pandemic. But I never really thought I'd be watching it play out in real time.” Margaret “Peggy” Hamburg has devoted her life to elevating the best in public health while anticipating the worst. As New York City Health Commissioner, she curtailed the spread of tuberculosis. She served as senior scientist for the Nuclear Threat Initiative. After the attacks on the World Trade Center, she redoubled her efforts to help create a world safe from chemical and biological weapons. And, as one of the longest-serving FDA commissioners, she modernized food safety regulations and implemented the Tobacco Control Act. Forbes magazine named her one of the world's most powerful women. Despite the current crisis, she remains optimistic, noting how quickly scientists were able to sequence the genome of the virus and share it with the world. “We have to realize that with a global pandemic, we are truly all in it together.”
It's a huge win for the vaping industry. A Superior Court judge invalidates key provisions of Quebec's Tobacco Control Act, which promulgated harsh new regulations and fines, seemingly intended to eviscerate the vaping industry. The ruling comes after a three-year legal challenge spearheaded by the Canadian Vaping Association, which argued the vaping restrictions infringe on the “right to security of the person” and “freedom of expression” under both the Canadian and Quebec charters of rights and freedoms. In this episode of RegWatch hear about the ground-breaking ruling directly from Audrey Boctor the lawyer who led the fight and learn exclusive details about the court trial, expert witnesses and what happens next. Also, Daniel Marien president of the 35-store La Vape Shop retail chain joins the show to discuss the draconian rules and hear his reaction to the ruling. Only on RegWatch by RegulatorWatch.com. Produced by: Brent Stafford Released: May 22, 2019
Invoking the Tobacco Control Act, the FDA issued an omnibus regulation of cigars, pipe tobacco, and vaping products in 2016. That Rule required all of these products to go through an FDA review process similar to that for prescription drugs and medical devices and to bear large warnings covering 30 percent of two panels of each package and 20 percent of all advertisements—even though some vaping products contain no tobacco or nicotine. The Rule also prohibits truthful statements about the products, including whether they contain tobacco or not, without costly FDA pre-approval, and the speakers bear the burden to prove the net value of their speech to consumers as a whole, whatever that means. Although the Trump Administration delayed some aspects of the Rule, current and delayed mandates threaten the vitality of major industry sectors, including the large health warnings and prior approval of truthful speech.In addition to the usual regulatory questions, our speakers raise fundamental constitutional challenges to the Rule. Mr. Gaziano and Pacific Legal Foundation are representing nine vaping retailers and harm reduction advocates who filed three lawsuits arguing that the Rule is invalid because it was issued by an FDA employee who is not constitutionally authorized to issue regulations pursuant to the Appointments Clause. Those suits raise key questions of democratic accountability and Executive Power: Who has the authority to impose a massive web of regulations on an entire industry? Mr. Edney represents several cigar and pipe tobacco trade associations and other individual cigar manufacturers and retailers challenging the Rule. Even with the postponement of some compliance deadlines, the Appointments Clause and First Amendment challenges in both sets of cases are ripe. If the FDA’s arguments prevail, the government could require large warnings blanketing any package or advertisements for virtually any product and ban truthful statements about those products without bureaucratic pre-approval.Featuring:- Todd F. Gaziano, Director, Center for the Separation of Powers, Pacific Legal Foundation- Michael J. Edney, Chairman and Partner, Norton Rose Fulbright's White Collar Criminal Defense Practice GroupVisit our website – RegProject.org – to learn more, view all of our content, and connect with us on social media.
Invoking the Tobacco Control Act, the FDA issued an omnibus regulation of cigars, pipe tobacco, and vaping products in 2016. That Rule required all of these products to go through an FDA review process similar to that for prescription drugs and medical devices and to bear large warnings covering 30 percent of two panels of each package and 20 percent of all advertisements—even though some vaping products contain no tobacco or nicotine. The Rule also prohibits truthful statements about the products, including whether they contain tobacco or not, without costly FDA pre-approval, and the speakers bear the burden to prove the net value of their speech to consumers as a whole, whatever that means. Although the Trump Administration delayed some aspects of the Rule, current and delayed mandates threaten the vitality of major industry sectors, including the large health warnings and prior approval of truthful speech.In addition to the usual regulatory questions, our speakers raise fundamental constitutional challenges to the Rule. Mr. Gaziano and Pacific Legal Foundation are representing nine vaping retailers and harm reduction advocates who filed three lawsuits arguing that the Rule is invalid because it was issued by an FDA employee who is not constitutionally authorized to issue regulations pursuant to the Appointments Clause. Those suits raise key questions of democratic accountability and Executive Power: Who has the authority to impose a massive web of regulations on an entire industry? Mr. Edney represents several cigar and pipe tobacco trade associations and other individual cigar manufacturers and retailers challenging the Rule. Even with the postponement of some compliance deadlines, the Appointments Clause and First Amendment challenges in both sets of cases are ripe. If the FDA’s arguments prevail, the government could require large warnings blanketing any package or advertisements for virtually any product and ban truthful statements about those products without bureaucratic pre-approval.Featuring:- Todd F. Gaziano, Director, Center for the Separation of Powers, Pacific Legal Foundation- Michael J. Edney, Chairman and Partner, Norton Rose Fulbright's White Collar Criminal Defense Practice GroupVisit our website – RegProject.org – to learn more, view all of our content, and connect with us on social media.
Tobacco advertising and smoking in federal buildings slapped with severe restrictions. Canadians’ addiction to cigarettes has been well documented for generations. However, tobacco companies’ money, influence and smarts always enabled them to entice minors to smoke, and thwart government officials who supported non-smoking workplaces. As more and more people began calling the situation a human rights issue, Brian Mulroney’s Progressive Conservative government made a move. With Health Minister Jake Epp, it passed the Tobacco Products Control Act, which specified a future date – January 1, 1989 – by which no tobacco advertising could appear in or on television, radio, magazines and newspapers. The act also paved the way to phase out billboard ads and severely restrict tobacco sponsorships of cultural and sporting events. The same day, the House of Commons passed the Nonsmoker’s Health Act. This Bill, introduced by the New Democratic Party’s MP Lynn McDonald, severely restricted smoking in workplaces under federal jurisdiction, and created smoke-free locations for passengers on planes, trains, buses and ships. Although the government succeeded in eliminating smoking in workplaces, in 1995 the Supreme Court of Canada ruled five to four that advertising restrictions violated the constitution’s freedom of expression provisions. It would be many years before the government managed to bring in the advertising and sponsorship restrictions first envisioned in 1988. See acast.com/privacy for privacy and opt-out information.
Attorney Azim Chowdhury has developed expertise in tobacco and e-vapor product regulation relating to the implementation of the Family Smoking Prevention and Tobacco Control Act, and spearheaded the FDA Tobacco and Electronic Cigarette practice at Keller and Heckman http://www.khlaw.com/Azim-Chowdhury Also joined by VISTA president Kevin Skipper discussing state legislation and my media wtf moment of zen
Listen NowIn 2009 the Congress overwhelmingly passed landmark legislation (commontly termed the "Tobacco Control Act") that included banning flavored cigarettes - except menthol. Instead, the Congress called upon the FDA to first study the use of menthol before taking action. In 2011 the FDA released an initial report, the conclusions of which were widely interpreted. Two weeks ago the FDA released a subsequent report again finding the menthol/mint flavor helps people acquire the tobacco/nicotine addiction but did not increase the risk of disease compared to smoking non-menthol cigarettes. Neither report recommended banning or restricting the use of menthol. During this 24-minute podcast Andrea Villanti and Diane Canova discuss why menthol was exempted in the 2009 legislation, the findings of the 2011 Tobacco Products Scientific Advisory Committee, why the FDA chose to follow up with a report of their own (released July 23rd) and what it found, various confounding factors including an international trade dispute concerning the importation of clove cigarettes and ultimately their take on whether and when the FDA will either ban or regulate menthol's use. Dr. Andrea Villanti is an Associate Director for Regulatory Science and Policy at the Schroeder Institute for Tobacco Research and Policy Studies at Legacy Foundation and holds an adjunct faculty appointment in the Department of Health, Behavior and Society at the Johns Hopkins Bloomberg School of Public Health. Her work concerns translational research to improve tobacco control policy and program decision-making with a specific focus on young adult cessation. Since the passage of the 2009 Family Smoking Prevention and Tobacco Control Act, she has been actively engaged in research on the impact of menthol cigarettes on tobacco use behaviors. Dr. Villanti received her doctorate in Social and Behavioral Sciences the Johns Hopkins Bloomberg School of Public Health and she received both her Master's in Public Health and BA in Medical Ethics from Columbia University.Ms. Diane Canova is currently Vice President of Government Affairs at the Legacy Foundation. Previously, Diane served as Vice President of Policy and Programs with the Partnership for Prevention. Prior still she served as Vice President of Advocacy for the American Heart Association and as Director of Government Relations for the American Red Cross. Ms. Canova is a founding board member and immediate past chair of the Center for Lobbying in the Public Interest (CLPI) and frequent lecturer on nonprofit leadership and advocacy. She received her JD from the Brandeis School of Law at the University of Louisville and her BS in Education from Kent State. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.thehealthcarepolicypodcast.com
This lecture continues the previous class's discussion of tobacco law. In this class, Professor Wargo highlights the unique issues of freedom of choice and freedom of speech that tobacco regulation create, as tobacco regulation restricts individual choice and corporate freedom of speech via advertising restrictions. Tobacco law also illustrates the difficulties of managing environmental hazards in the face of an industry with the resources to fund its own research and to fight regulation at every step of the process. The passing of the Family Smoking Prevention and Tobacco Control Act in 2009 is held up as a success story in tobacco regulation, as it places stricter standards on tobacco corporations.
The FDA, through the new Family Smoking Prevention and Tobacco Control Act, is considering banning outdoor tobacco product advertising at various distances from schools and playgrounds. The tobacco industry is challenging these rules on First Amendment grounds, arguing that they would lead to a near complete ban on tobacco advertising in dense urban areas. A new study by the Center for Tobacco Policy Research (CTPR) at Washington University in St. Louis found that a 1000-foot buffer would still allow for tobacco ads. Smaller buffer zones of 350 feet may result in almost no reduction of outdoor tobacco advertising. Doug Luke, PhD, CTPR director, discusses the study.
The Great American Smokeout – November 18th, 2010 Integrating the discussion into your classroom The month of November brings us one of the most proactive topics of the year. The third Thursday of November (the week before Thanksgiving) marks an annual event called the Great American Smokeout. The American Cancer Society (ACS) challenges Americans to stop smoking for 24 hours to kick off what they hope will be a change in lifestyle that will last forever. It all began in the mid 70’s when Massachusetts, Minnesota and California presented public challenges for smokers to give up their cigarettes. In 1976, the California division of the ACS successfully encouraged nearly one million smokers to quit for the day. The annual event has flourished, and each year smokers choose this day to mark the beginning of the end of their smoking. We encourage you to integrate this topic into your classroom discussions. We have provided several ways to do this below. Here is our new favorite website. The California Youth Advocacy Network is designed for colleges, but we recommend that you scroll down to the bottom of the page where they show 2010 Sample Advertisements and Flyers. http://www.cyanonline.org/College/Events/GreatAmericanSmokeout2010/tabid/1185/Default.aspx Integrate the discussion: Create your own school advertising campaign to help others learn. Integrate this topic for the week in art, homeroom, health, advisors, technology/media class etc. Here are some tips from the American Cancer Society (ACS) website: In 2009 "The Family Smoking Prevention and Tobacco Control Act" was signed into law and gives the FDA the authority to regulate the sale, manufacturing, and marketing of tobacco products and protects children from tobacco industry’s marketing practices. On the ACS website they have a fantastic calculator that can tell a smoker how many cigarettes they smoke per day, month or year and how much it costs them to smoke. http://www.cancer.org/Healthy/toolsandcalculators/calculators/app/smoking-cost-calculator.aspx Integrate the discussion as a classroom project for math, health, homeroom etc. One of our schools made a spinning wheel of death using cigarette smoking as a basis for mathematical calculations. How To Quit http://www.cancer.org/Healthy/StayAwayfromTobacco/GuidetoQuittingSmoking/index http://www.californiasmokershelpline.org/ § Make the decision to quit § Set a quit date and choose a help plan § Learn how to handle withdrawal § Staying quit (maintenance) Research shows that smokers are most successful in kicking the habit when they have some means of support, such as: õ nicotine replacement products õ counseling õ stop-smoking groups õ telephone smoking cessation hotlines õ prescription medicine to lessen cravings õ guide books õ encouragement and support from friends and family members How To Help A Friend – Many People say “It Is One Of The Hardest Drugs To Quit!” As a friend or family member of a smoker, you are in an uncomfortable situation. Tobacco smoking damages nearly every organ in the human body, is linked to at least 15 different cancers including: lung, larynx (voice box), oral cavity (mouth, tongue, and lips), pharynx (throat), esophagus, stomach, pancreas, cervix, kidney, bladder, acute myeloid leukemia. You should know that it may take several attempts to quit and relapse is part of the process for some people. Each time they quit they will feel bad about failing. Encourage them to set another date to quit. The sooner they try again and the longer they remain smoke-free each time will ensure their confidence and success. Integrate the discussion Have a classroom discussion about how difficult it is to help someone to quit. Practice how to use “I” statements and research available methods of quitting in your community. Does your library, counseling or health/nurse office have available information? Secondhand smoke – “A known human carcinogen (cancer causing agent)” If the smoker claims they aren’t concerned about their own health, they should consider here is what family members are up against as a consequence of living with a smoker. Secondhand smoke comes from sidestream smoke (smoke that comes from the end of the lit cigarette, pipe or cigar) and mainstream smoke (smoke that is exhaled by a smoker). In the United States alone, each year it is responsible for: An estimated 46,000 deaths from heart disease in non-smokers who live with smokers. About 3,400 lung cancer deaths in non-smoking adults. Other breathing problems in non-smokers, including coughing, mucus, chest discomfort, and reduced lung function. Up to 300,000 lung infections (such as pneumonia and bronchitis) in children younger than 18 months of age, which result in 7,500 to 15,000 hospitalizations. Increases in the number and severity of asthma attacks in about 200,000 to 1 million children who have asthma. More than 750,000 middle ear infections in children. Secondhand smoke may be related to breast cancer. Integrate the discussion: Make a list of all the ways that people can accidentally be around secondhand smoke and a list of all the ways to avoid it. Work as a group to find polite ways to excuse yourself from a smoking person, room or area without insulting the smoker or hurting their feelings. Pets and cigarette smoke It’s not just the humans that smokers should worry about; their pets are inhaling the smoke as well. (http://www.tobaccofreeutah.org/smokingpets.htm) has a page explaining the toxins that our pets are exposed to. Cats are known to get cancer from licking the tar off of their fur when cleaning themselves. http://www.sciencedaily.com/releases/2002/07/020730075305.htm Californians Unite California proudly has the second lowest smoking rate (12.9% of adults smoke – CDC 2009) in the country. With positive and gentle encouragement we could be the leaders of the nation in smoke free communities. If you have a loved one who is not ready to quit, plant the seed and put it on the calendar to quit the next time the Great American Smokeout or World No Tobacco Day comes around. If you have a loved one who is ready to quit smoking, they don’t have to wait another year to quit. In an attempt to reduce the 5.4 million yearly deaths from tobacco-related health problems, World No Tobacco Day (sponsored by the World Health Organization since 1987) is observed around the world on May 31st. http://www.who.int/tobacco/en/ Other references for help: American Heart Association - Telephone: 1-800-AHA-USA-1 (1-800-242-8721) Internet Address: www.americanheart.org American Lung Association - Telephone: 1-800-LUNG-USA (1-800-586-4872) Internet Address: Environmental Protection Agency (EPA) -Internet Address: Centers for Disease Control and Prevention (CDC) - Office on Smoking and Health Internet Address: www.cdc.gov/tobacco/ http://www.cdc.gov/media/pressrel/2010/r101104.html?s_cid=tw_cdc216 National Cancer Institute -Telephone: 1-800-4-CANCER (1-800-422-6237) Internet Address: www.cancer.gov Smokefree.gov -(Info on state phone-based quitting programs) Telephone: 1-800-QUITNOW (1-800-784-8669) - Internet Address: www.smokefree.gov
Tobacco litigation continues to pop up across the states and is growing internationally. On this edition of Ringler Radio, host Larry Cohen welcomes legendary tobacco industry insider and founder of the non-profit organization, Smoke-Free Kids, Inc., Dr. Jeffrey Wigand, to discuss the latest in tobacco litigation. Larry and Dr. Wigand will talk about the Family Smoking Prevention and Tobacco Control Act, concerns about smokeless tobacco products and how to protect our children from the dangers of smoking.
The Cigar of the Week was the San Cristobal Guajiro. Colin Ganley co-hosts the show while Bob is on vacation, and he smokes the San Cristobal Monumento. We dive deep into a discussion about Colin's experience at the 11th Festival de los Habanos in Havana. A short review of the new cigar releases - Montecristo Open, Trinada Robusto T and the Cohiba Siglo VI Gran Reserva! Colin describes what it's like to attend the Festival. We discuss vitolas that are being discontinued and speculate on the direction of Habanos S.A. A U.S. House Committee has passed their first version of the Family Smoking Revention and Tobacco Control Act, preparing to give the FDA control over the tobacco industry. Colin gives us a preview of the cigar reviews, interview with Padron and collecting cigar accessories articles in the latest ECCJ. Jeffery Busse wins this week's yearly subscription to the European Cigar Cult Journal! Opening theme music provided by : 25 Smokin' Figurados from their album Divine Spirits, Holy Smoke Closing theme All or Nothing provided by Immortal Alice
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