Connecticut – State Attorneys General Blog

On September 3, 2024, a multistate coalition of 20 attorneys general filed an amicus brief before the U.S. Supreme Court in support of a decision by the U.S. Food and Drug Administration (FDA) to deny companies the ability to market and sell certain flavored e-cigarette products across state lines.

The amicus brief emphasized what the attorneys general described as the “serious health risks” of flavored e-cigarettes (particularly for youth), and argued that the FDA’s statutory authority over the introduction of new tobacco products into interstate commerce is a crucial complement to state and local regulation of flavored e-cigarettes. The attorneys general explained that while states have adopted a variety of measures to restrict sales of flavored e-cigarettes, these products continue to flow through interstate commerce, necessitating continued FDA oversight.

The case is Food and Drug Administration v. Wages and White Lion Investments, LLC, dba Triton Distribution, et al., and arises from a lawsuit filed by companies challenging the FDA’s denial of their applications to market and sell flavored e-cigarette products across state lines. In January 2024, the Fifth Circuit Court of Appeals ruled in favor of the applicants’ challenge. The attorneys general encourage the Supreme Court to reverse that decision.

The amicus brief was filed by the attorneys general for Arizona, California, Colorado, Connecticut, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington. A copy of the brief may be found here.

On June 11, 2024, the attorneys general of New York, California, Colorado, Connecticut, Illinois, Maryland, Minnesota, Oregon, Pennsylvania, and Vermont wrote a letter to Rohit Chopra, the Director of the Consumer Financial Protection Bureau (CFPB), in support of the CFPB’s Nonbank Registration of Orders Rule. The Rule, which becomes effective September 16, 2024, will require nonbank entities that offer consumer financial products and services to register with the CFPB all final orders issued by courts or by federal, state, or local law enforcement agencies finding violations of consumer protection laws. The CFPB will use this information to compile a searchable online registry available to the public. Failure to register will be a violation of federal consumer financial law subject to CFPB enforcement, and remedies include potential civil monetary penaltie

In their letter, the state attorneys general stated that they support the Rule because the registry will enable them to spot emerging problems and engage in early prevention efforts. They also believe that the registry will be useful in prioritizing certain targets of investigations over others, targeting state-level or regional actors that might not draw attention from federal agencies, and negotiating resolutions with entities engaged in similar conduct.

Nonbank entities that offer consumer financial products and services should ensure that they are in compliance with the Rule following its effective date. Such entities should also be aware that the registry could result in increased enforcement from the CFPB and state attorneys general. As the state attorneys general point out in their letter, the registry may also be useful to such entities in identifying instances of specific conduct that courts or agencies have previously determined to be unlawful, deceptive, unfair, or abusive, and to shape their own marketing and compliance efforts accordingly.