Tobacco Civil Money Penalty Provisions Violate Seventh Amendment

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Court: FD&C Act’s Civil Money Penalty Provisions for Tobacco Products Violate Seventh Amendment

Dennis Tosh

August 6, 2025 at 05:24 PM EST

For the first time, a federal district court has held that the civil money penalty (CMP) provisions of the Federal Food, Drug, and Cosmetic Act (FD&C Act) applicable to tobacco products violate the Seventh Amendment right to trial by a jury (Wulferic, L.L.C. v. U.S. Food and Drug Administration, No. 4:24-cv-01183-O, 2025 U.S. Dist. LEXIS 148024 (N.D. Tex. Aug. 1, 2025)). ... Read More

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Court: FD&C Act’s Civil Money Penalty Provisions for Tobacco Products Violate Seventh Amendment

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