Philip Morris Argues to Allow Imports of Heated Tobacco Sticks

A three-judge panel at the Federal Circuit probed the meaning of “consult” in a statute requiring the International Trade Commission to engage with other agencies before barring certain products, such as Philip Morris Products SA‘s IQOS heated tobacco sticks.

Philip Morris’ attorney, Gregory G. Garre of Latham & Watkins LLP, drew heated questions from judges at the US Court of Appeals for the Federal Circuit as he argued that a Federal Register notice wasn’t enough to satisfy a statutory requirement that the commission “consult” with the Health and Human Services Department before banning the import of Philip Morris’ IQOS ...