Emerging Growth & Technology Practice

Recently, we have seen an explosion in the number of different digital tokens/cryptocurrency/personal digital money. Investor interest is at an all-time high in what some call digital currency and others, including the SEC, call securities.

In the recent course of my practice, it has come to my attention that there are small to midsized co-packers and online retailers of e-liquid vaping products in the U.S. that are still unaware that a co-packer/retailer could be treated as a “manufacturer” under the Family Smoking Prevention and Tobacco Control Act (the “Tobacco Control Act”).

The cannabis industry has traditionally relied on handshake agreements in favor of written agreements. The reason for this is that the advice from criminal defense attorneys, prior to legalization, was to avoid paperwork which could assist law enforcement in prosecutions.

On April 19, 2021, the U.S. Postal Service released guidance for the e-cigarette and vaping industry that offers a glimpse of some of the current and future logistical challenges. The release is titled “Treatment of E-Cigarettes in the Mail.”

On March 29, 2021, the U.S. Tax Court issued a ruling in favor of the IRS that should serve as a potent reminder of the importance of record-keeping for the...