Tag Archives: Family Smoking Prevention and Tobacco Control Act

Split Fifth Circuit Panel Holds That A Vape Manufacture Had a Seventh Amendment Right to a Jury Trial in an HHS Action to Collect Civil Penalties

In Texas Tobacco Barn v. HHS, No. 25-60200 (5th Cir. June 30, 2026), a 2-1 panel holds that a manufacturer of vape products was entitled to a jury trial in an Article III court when the U.S. Department of Health and Human Services (HHS) pursued civil penalties against it for alleged violations of the Food,Continue reading “Split Fifth Circuit Panel Holds That A Vape Manufacture Had a Seventh Amendment Right to a Jury Trial in an HHS Action to Collect Civil Penalties”