Deeming regulations vs state law: who wins? July 2015


This report explains how and when federal law – such as the Food and Drug Administration’s deeming regulations for e-cigarettes – trump state law. The report examines which areas of interest to the e-cigarette sector will stay with state legislators and which parts will fall under federal jurisdiction. The report then examines what this transfer will mean – with an in-depth look at specific examples.

Photo: Raymond Bryson



The deeming regulations: express pre-emption of state laws • Where pre-emption does not apply • Pre-emption in practice: California’s Prop 65 • How pre-emption can prevent state-level litigation • Appendix: the doctrine of pre-emption • Appendix: Tobacco Control Act provisions

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