Tobacco and E-Vapor
The Tobacco and E-Vapor industries have evolved rapidly over the last decade with changes in regulation of traditional products and the advent of many new products. The industry produces some of the most scrutinized products in the world – and that scrutiny has only increased as companies have introduced alternatives to traditional products. Whether they produce tobacco, nicotine, e-cigarettes, or related products such as cannabis, hemp, or CBD, or are engaged in the vaping supply chain, Keller and Heckman is the premier global law firm serving the industry’s regulatory and litigation needs.
Keller and Heckman’s industry clients encompass some of the world’s largest tobacco companies, but also include entrepreneurs and the trade associations and coalitions that represent them. Our clients include manufacturers of components and additives and manufacturers of finished products, including consumables and hardware. Most of our clients operate globally with supply chains that cross borders including North America, Europe, the Middle East, and Asia. A common thread among our clients is their innovative approach to creating safer products for adult consumers.
We help our clients navigate the complex array of regulations they are subject to in virtually every market in which they participate. We bring decades of experience with U.S. and international agencies that regulate the industry including the Food and Drug Administration (FDA), the Consumer Product Safety Commission (CSPC), the Environmental Protection Agency (EPA), the Federal Trade Commission (FTC), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Occupational Safety and Health Administration (OSHA), and their international counterparts We have played a significant role in guiding the E-Vapor industry since its inception. Our clients also benefit from our multidisciplinary approach, combining experienced attorneys along with chemists and toxicologists who understand the science under one roof.
Our work for the Tobacco and E-Vapor industries include:
- Assisting manufacturers and importers of tobacco products in navigating complicated FDA requirements including premarket review procedures, manufacturing establishment registration, product and ingredient listing, labeling, advertising and warning requirements, retailer and distributor compliance, and product testing and toxicity analysis
- Helping companies resolve Warning Letters and implement corrective actions to ensure youth access is prevented and that marketing is targeted to adult consumers
- Assisting companies and trade associations in drafting and submitting comments to FDA proposed rules and draft guidance, as well as filing Citizens Petitions
- Guiding manufacturers on environmental compliance, including with state and federal hazardous waste disposal requirements, and regularly prepare Environmental Assessments to be included in tobacco product premarket applications
- Ensuring that our clients comply with safety and disclosure requirements as their products are shipped and distributed
- Advising on state and local laws, including sales restrictions, age-limits, flavor bans, and licensing and PACT Act reporting requirements
- Tracking tobacco legislative and regulatory developments around the world, including in North America, Europe, the Middle East, and Asia
- Helping to deal with government and non-governmental scrutiny and handling enforcement and litigations proceedings when they arise
Keller and Heckman’s Tobacco and E-Vapor practice hosts the highly regarded annual E-Vapor and Tobacco Law Symposium. The practice also oversees The Continuum of Risk, a blog that provides legal and regulatory updates for vapor, tobacco, and reduced harm companies selling products around the world. Our attorneys and scientists provide a wide range of client communications and events and participate in regular tobacco industry meetings. We are at the center of the industry which means we are unparalleled in our ability to help our clients meet their business objectives while ensuring the health and safety of consumers.