Date: Jan 03, 2021
Keller and Heckman Partner Azim Chowdhury was quoted in the Law360 article, “Product Liability Regulations & Legislation to Watch in 2021.” The article discusses how toxic substances known as "forever" chemicals, hemp-derived CBD, and e-cigarettes are among the topics product liability attorneys will have their eye on in the coming year.
Regarding vaping and flavored tobacco, the FDA is reviewing thousands of premarket tobacco product applications submitted in September 2020. Attorneys who represent vaping and tobacco companies are anticipating the agency's release of the list of new tobacco products it considers to be subject to its review.
Mr. Chowdhury noted that only e-cigarettes that were on the market on August 8, 2016, are allowed to remain on the market if they submitted an acceptable PMTA by the September 9, 2020 deadline. "Our hope is that FDA publishes the list early next year," Chowdhury said.
The agency is still seeking to ban flavors from all tobacco products. Legislation also has been introduced in Congress to ban flavors, such as Protecting American Lungs and Reversing the Youth Tobacco Epidemic Act, but whether that becomes law depends on whether the Republicans keep control of the Senate, Chowdhury said.
To read the full article, please click here.