October 26, 2021
11:00 – 11:05 AM
FDLI Welcome and Announcements
11:05 AM – 12:05 PM
I. The Family Smoking Prevention and Tobacco Control Act (TCA) and the Deeming Regulation
- Brief history of tobacco and nicotine product regulation in the United States
- Overview of Family Smoking Prevention and Tobacco Control Act (TCA)
- Terms and Definitions
- Section-by-Section Overview
- Overview of the Deeming Regulation
- Products to which it applies
- Distinction between components and accessories
- Requirements for covered products
Nathan A. Beaton, Associate, Latham & Watkins LLP
12:10 – 1:00 PM
II. Pathways to Market
- Grandfathered products
- Substantial Equivalence
- Substantial Equivalence exemption
- Premarket Tobacco Applications (PMTAs)
- Modified Risk Tobacco Product (MRTP) applications
Benjamin K. Wolf, Senior Associate, Alston & Bird LLP
1:00 – 1:30 PM
Break
1:30 – 1:55 PM
III. The Public Heath Standard
- Research on health consequences of tobacco and nicotine product use
- Data on tobacco and nicotine product use in the US
- Why regulation of these products is/remains important
- Overview of public health standard
- What is the public health standard?
- Definitions
- Data needed in applying public health standard
Stacey Gagosian, Managing Director of Public Policy, Truth Initiative
2:00 – 2:50 PM
IV. Product Compliance
- Labeling and warning requirements
- Product registration and ingredient submission
- User Fees and Tobacco Taxation
- Marketing and advertising limitations and requirements
- Retailer requirements
- Product standards
Kathryn C. Skaggs, Partner, Keller and Heckman LLC
2:50 – 3:10 PM
Break
3:10 – 4:00 PM
V. Food and Drug Administration (FDA) Inspections and Enforcement
- Overview of Food, Drug, and Cosmetic Act (FDCA) Inspection Power
- FDA Inspections of Manufacturing Facilities
- FDA Inspections of Retail Establishments
- FDA Warning letters and other enforcement tools
Seth Gitner, Associate, Saul Ewing Arnstein & Lehr LLP
4:05 – 4:50 PM
VI. Panel Discussion and Q&A: Hot Topics and Current Issues
- PMTA orders and pending applications
- MRTP orders and pending applications
- Proposed Menthol and Characterizing Flavor Bans
- Pending Litigation
- Q & A
Azim Chowdhury, Partner, Keller and Heckman LLP
Stacey Gagosian, Managing Director of Public Policy, Truth Initiative
Moderated by Steven Leslie, Deputy Director, Educational Programs, FDLI
4:50 PM
Adjournment