Eric N. Heyer is a partner in Thompson Hine LLP’s Washington, D.C. office and leads the firm’s vaping industry practice. Eric was integrally involved in the first federal lawsuit in 2009 that successfully challenged FDA’s categorization of ENDS products as unapproved new drugs or medical devices. Over the years, Eric has counseled and represented both foreign and domestic ENDS device and e-liquid manufacturers, wholesalers, distributors, and retailers on all manner of federal and state regulatory compliance issues, on the preparation of pre-market tobacco applications (PMTAs), in significant transactions, and in litigation, including Proposition 65 litigation, patent and trademark litigation, contractual disputes, product liability claims, a constitutional case that successfully challenged Indiana’s statutory scheme regulating the manufacture of e-liquids, and the case that resulted in an injunction against New York’s emergency flavor ban in 2019.
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