Vaping Law Federal and State Regulations: Compliance for Companies, Retail and Online Sales, and Strategies to Reduce Legal Risks (2025 Edition)

Azim Chowdhury
Azim Chowdhury | Keller and Heckman

Azim Chowdhury advises domestic and international corporations on regulatory compliance with the U.S. Food and Drug Administration (FDA) and its global counterparts, particularly focusing on vapor, nicotine, tobacco product and cannabis/cannabidiol (CBD) regulation, as well as food contact materials.

On-Demand: April 10, 2025

2 hour CLE

Tuition: $195.00
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Program Summary

Navigating the complex regulatory landscape for vape companies requires a deep understanding of evolving federal and state compliance obligations.

This program will explore critical legal requirements, including the distinctions between federal and state regulations, the FDA’s marketing authorization process, and recent enforcement actions shaping the industry. Attendees will gain insights into key labeling, advertising, and packaging rules, along with state laws impacting flavored products and PMTA directory requirements.

The session will also cover essential compliance strategies for retail and online sales, addressing age verification, state-specific tax and licensing mandates, and measures to prevent illegal transactions.

Corporate counsel will learn how to mitigate legal risks by developing robust internal compliance programs, effectively responding to regulatory audits and warning letters, and managing legal crises to safeguard their organizations.

Key topics to be discussed:

  • Compliance obligations for vape companies
  • Retail and online sales compliance
  • Strategies for corporate counsel to reduce legal risks

Closed-captioning available

Speakers

Speaker_Azim ChowdhuryAzim Chowdhury | Keller and Heckman

Azim Chowdhury advises domestic and international corporations on regulatory compliance with the U.S. Food and Drug Administration (FDA) and its global counterparts, particularly focusing on vapor, nicotine, tobacco product and cannabis/cannabidiol (CBD) regulation, as well as food contact materials.

He counsels tobacco, e-cigarette, e-liquid and CBD manufacturers, distributors, retailers, suppliers, and trade associations on matters relating to regulatory compliance, as well as public policy initiatives.

Azim is acknowledged nationwide for his in-depth knowledge of the Family Smoking Prevention and Tobacco Control Act, which amended the Food, Drug, and Cosmetic Act to give FDA authority over tobacco products, as well the Agency’s “Deeming Rule” which extended those authorities to previously unregulated products such as electronic nicotine delivery systems (ENDS), e-liquids, cigars, hookah/shisha, and heat-not-burn tobacco products.

Azim also advises companies and trade associations on state and global law compliance, including in Canada, the United Kingdom, the European Union (EU), and China. In addition to helping vapor, nicotine, and tobacco clients navigate federal and state regulatory complexities, Azim advises food and drug packaging companies in establishing food-contact regulatory clearances for their products in the United States (U.S.), Canada, and the EU.

Azim is nationally recognized as a thought leader and frequently writes articles and speaks at industry conferences and public health events. He is the editor and primary contributing author to The Continuum of Risk, a law blog hosted by Keller and Heckman for vapor, tobacco, CBD, and reduced-harm product companies.

He also spearheads the firm’s E-Vapor and Tobacco Law Symposium, an annual conference focusing on the regulatory and business issues relevant to e-vapor, e-liquid, and tobacco product manufacturers, distributors, and retailers.

Agenda

I. Compliance obligations for vape companies | 1:00pm – 1:40pm

  • Federal vs. state regulations: Key distinctions
  • FDA marketing authorization and the PMTA process-flavored vs tobacco-flavored products
  • FDA proposed rulemaking
  • FDA enforcement and PMTA litigation update
  • Labeling, advertising, and packaging and other Tobacco Control Act Requirements and Deeming Rule
  • State laws including flavors bans and PMTA directory laws

II. Retail and online sales compliance | 1:40pm – 2:00pm

  • Age verification and restrictions for online sales
  • State-specific sales tax and licensing requirements
  • Best practices to avoid illegal sales and enforcement actions

Break | 2:00pm – 2:10pm

III. Strategies for corporate counsel to reduce legal risks | 2:10pm – 3:10pm

  • Creating internal compliance programs
  • Responding to warning letters, regulatory audits and inspections
  • Crisis management in the face of legal scrutiny

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for Self-Study Credits
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2.4 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for Self-Study Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Approved for Self-Study Credits
2 General

Texas

Pending CLE Approval
2 General

Utah

Approved for Self-Study Credits
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved for Self-Study Credits
2 Law & Legal Hours

Receive CLE credit in Washignton via attorney submission.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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