Tobacco

Tobacco

The challenges facing today’s companies in the tobacco sector abound. We understand the industry’s need for pragmatic and strategic advice in an environment of increased social and political pressures and sensitivities. Our decades of comprehensive and extensive experience handling the regulation of food, supplements, pharmaceuticals, medical devices, and biologics before regulatory agencies such as the U.S. Food and Drug Administration (FDA) uniquely position us to guide companies through the myriad of federal and state requirements for tobacco and related products. 

Kendall PC’s tobacco team comprises leading litigation, regulatory, and corporate attorneys who advise on the regulation, licensing, distribution, labeling, current Good Manufacturing Practices, e-commerce, advertising, false claims, and marketing of tobacco products as well as their related inputs. Additionally, our team of attorneys counsels clients on commercial transactions, negotiations and drafting, and the formation, acquisitions, merger, and sale of corporate entities. We advise businesses on all levels of the tobacco, e-vapor, and vaping supply chain, including ingredient and component suppliers, finished product manufacturers, distributors, wholesalers, and retailers.

Contact Kendall PC today online or at (484) 414-4093. We serve new, emerging, and established companies in the tobacco space throughout the United States and across the globe.

Litigation

Clients look to Kendall PC to resolve disputes in the smartest, most cost-effective, and expeditious manner. Kendall PC’s litigation team combines business practicality with creative litigation strategies. We work to preserve our clients’ interests, assets, and reputations quickly and efficiently. As seasoned trial attorneys, we have vast experience advising and representing highly regulated businesses in the navigation of the extraordinary challenges, complexities, and financial risks of such litigation. Kendall PC has a depth of experience and mastery of the scientific and technical issues. Our cross-practice litigation team combines subject-matter expertise to provide comprehensive guidance in the most complex and high-stakes disputes including: 

  • RICO actions
  • Individual smoking and health cases
  • Medical monitoring actions 
  • Asbestos/synergy actions 
  • Breach of commercial contracts
  • Fraud and misrepresentation 
  • Partnership and shareholder disputes 
  • Licensing disputes 
  • Consumer class action and other consumer-related litigation
  • Development, production, sale, and distribution disputes

Mass Tort and Toxic Tort Defense 

The mass tort and toxic tort defense team of attorneys at Kendall PC has significant experience managing mass tort litigation for tobacco companies. We have served as national coordinating counsel in state and federal courts throughout the country. Our team of attorneys has a demonstrated track record including successful exclusions of general causation experts via Daubert hearings and trials, defending petitions to create Multidistrict Litigation (MDL) in nationwide products liability actions, conducting expert discovery, and mapping strategies to obtain important early substantive motion victories for our clients.

Regulatory Counsel 

Kendall PC’s regulatory practice delivers complete, refined assistance to clients in all areas of tobacco and vapor product regulation. Our team of regulatory attorneys supports nearly every aspect of our tobacco clients’ regulated business activities, including directives under the U.S. Family Smoking Prevention and Tobacco Control Act (TCA) and FDA Deeming Regulation of electronic nicotine delivery systems (ENDS) and other products that contain tobacco-derived materials.

Kendall PC has extensive experience analyzing the continuously developing matrix of federal and state regulations related to tobacco and vapor businesses. Our team of attorneys helps clients navigate these complexities to reach practical and strategic solutions. 

We regularly advise clients on regulatory and compliance matters, including: 

  • Premarket applications 
  • Product labeling, packaging, and warnings 
  • Retailer and distributor compliance 
  • Corporate compliance matters 
  • Environmental compliance
  • U.S. FDA compliance matters
  • Facility registration 
  • Healthcare law matters 
  • Warning Letters 
  • Recall, correction, removal, and supply chain issues
  • Export and import matters
  • Manufacturing processes

Commercial Contracting 

Kendall PC’s commercial contracting practice combines legal knowledge with deep sector experience to cover the full spectrum of commercial and business law issues companies must address on a daily basis with a myriad of relationships and contracts that bind them to their suppliers, customers, licensors, distributors, and other strategic partners. These complexities are intensified by the regulatory obligations that impact every facet of operations within the tobacco sector. Kendall PC understands the complex legal and business issues impacting companies operating in the tobacco sector and we have a depth of experience to help clients meet their business objectives. 

We provide support to business entities in their commercial contracting needs, including: 

  • Licensing and permits 
  • Supply and manufacturing 
  • Commercial transactions 
  • Real estate transactions 
  • Manufacturing and supply transactions 
  • Logistics and warehousing transactions
  • Master service 
  • Intellectual property agreements
  • Software as a service (SaaS)
  • Product development transactions

Business Startup, Formation, and Corporate Governance

Kendall PC conducts due diligence reviews for tobacco and vapor companies engaging in acquisitions, mergers, licensing deals, and investments. Our business startup, formation, and corporate governance and regulatory teams work together to identify and evaluate the myriad of issues, including those specific to proposed FDA-regulated entities and/or products, that may affect the proposed transactions. We are also able to provide business startup and formation and corporate governance services to emerging entities in the tobacco space.

Contact Kendall PC Today

To learn more about how our team of experienced attorneys can help your tobacco-related company, contact Kendall PC today online or at (484) 414-4093. We serve companies of all sizes and stages of development throughout the United States and across the globe.

News & Articles

Stay connected and informed on the issues that matter most to your business. Our News & Articles section covers numerous legal topics related to commercialization, litigation, compliance, privacy, and more.