From: JDSupra Business Advisor
by Jonathan Havens, Anthony “Tony” Pavel | Morgan Lewis
Ahead of finalizing FDA’s tobacco products “deeming” rule, the FTC considers taking enforcement action against e-cigarette firms for violative advertising, marketing, and sales practices.
Background
It has been nearly a year since the US Food and Drug Administration (FDA or the Agency) published a proposed rule establishing, for the first time, federal regulatory authority over electronic cigarettes (e-cigarettes), cigars, pipe tobacco, dissolvable tobacco products, and nicotine gels (deemed tobacco products).[1]