AG Paxton Joins Letter to FDA Urging Stronger Protections Against Flavored E-Cigarettes

AUSTIN – Texas Attorney General Ken Paxton today joined a bipartisan coalition of 26 attorneys general urging the Food and Drug Administration (FDA) to strengthen its enforcement guidance on e-cigarettes. As it stands, the current guidance will not decrease e-cigarette use among underage citizens and creates loopholes that manufacturers can exploit.  

“The FDA has set forth guidelines that, while helpful, do not go far enough to protect our children from the heavily marketed allure of flavored electronic cigarettes,” said Attorney General Paxton. “It’s no secret that e-cigarette use amongst Texas youth has grown exponentially in the past few years. Our children need protections in place that prevent companies from luring them into tough-to-break nicotine addiction with disposable, often sweet-flavored alternatives to cigarettes that have not proved to be any safer than other tobacco products.”   

The FDA released guidance in January describing how the agency will prioritize e-cigarette enforcement resources, particularly against flavored, cartridge-based e-cigarettes, with the exception of tobacco or menthol flavored products. However, the guidance does not prioritize disposable products or refillable cartridge systems that are popular among youth. The bipartisan coalition also states that the FDA’s decision to permit menthol products is problematic, as manufacturers may mislabel their e-cigarette flavors, and flavored nicotine delivery systems continue to grow in popularity with the underage population.

Settlement Agreement Against Tobacco Companies Must Be Enforced

AUSTIN – Attorney General Ken Paxton applauded a ruling from the U.S District Court for the Eastern District of Texas, holding that a 1998 comprehensive settlement agreement with R.J. Reynolds Tobacco Company and other tobacco companies stands and the agreed payments to the state for smoking-related healthcare costs must be enforced. The court rejected Reynolds’s argument that selling acquired brands included in the settlement nullified its obligation to Texas taxpayers, declaring that “Reynolds remains as liable today as it was when it entered into the Texas Settlement in 1998.”  

In 2015, ITG Brands LLC acquired three cigarette brands from Reynolds and one cigarette brand from Lorillard Tobacco Company—Kool, Maverick, Salem, and Winston. Both Reynolds and Lorillard signed the comprehensive settlement agreement with Texas over smoking-related healthcare costs. Since this sale, the required payments to Texas under the settlement agreement for those brands have not been made. This ruling prevents the tobacco companies from depriving Texas of hundreds of millions of dollars in past and future amounts owed under the settlement. Reynolds is obligated to pay Texas for sales of these cigarettes in perpetuity and for significant amounts that are already past due. 

“I applaud the court for holding tobacco companies accountable to the terms of the settlement to which they agreed. Texas taxpayers are owed substantial back payments and we will not allow any company to shirk their obligations to the people of this state,” said Attorney General Paxton. “ No matter how large the company or how long the fight, my office will continue to fight for the compensation that taxpayers are owed.” 

AG Paxton Co-Leads Letter Opposing Exorbitant Attorneys’ Fees Request by Plaintiffs’ Lawyers in Opioid Litigation

AUSTIN – Attorney General Ken Paxton today co-led a bipartisan coalition of 36 states in filing an amicus letter, arguing that the U.S. District Court for the Northern District of Ohio should reject a request by a few plaintiffs’ lawyers to get paid a disproportionate amount of attorneys’ fees in the opioid litigation that will result in a reduction of funds available to provide treatment and relief to victims of the opioid crisis.

In addition to raising federalism and jurisdictional concerns, the letter from attorneys general states that it would be unconscionable and inequitable for the district court to approve a common benefit fund that only increased attorneys’ fees. The letter goes on to argue that this type of proposed tax on the entire settlement would result in less relief for suffering communities and disrupt the substantial progress states have made in negotiating a large national settlement.   

“Attorneys General across the country have worked collaboratively to secure maximum relief for the individuals and families devastated by the opioid crisis. The abatement fund we developed would provide much needed services to victims of this epidemic. These resources are needed now—not at the end of a lengthy litigation process,” said Attorney General Paxton. “Texas filed suit in a Texas court, and a federal judge in Cleveland should not be holding back the money we intend to use to treat our citizens. Imposing a fee on all proceeds put into this fund solely for the benefit of a few attorneys would undermine federalism and dismantle the careful framework we created to ensure that victims of this epidemic receive the help they need and deserve.”  

The recent proposal from the plaintiffs’ lawyers would impose a seven percent fee on recoveries that were made possible by the States’ lawsuits and the strength of States’ legal claims, which are not within the jurisdiction of the court. The order could also prevent cash-poor companies from producing and providing free addiction treatment medication to victims of the opioid crisis. 

AG Paxton Applauds $1.6 Billion Global Settlement with Opioid Manufacturer

AUSTIN
– Attorney General Ken Paxton today announced a global settlement
framework agreement between state attorneys general, local subdivisions,
and Mallinckrodt (MNK), its subsidiaries, and certain other affiliates.
MNK is currently the largest generic opioid manufacturer in the United
States. In the agreement, MNK agrees to pay $1.6 billion in cash to a
trust that will cover the costs of opioid addiction treatment and
related efforts, with the potential for increased payment to the trust.
MNK also agrees that its future generics opioid business will be subject
to stringent injunctive relief that, among other things, will prevent
marketing and ensure systems are in place to prevent diversion.

Opioids
are a family of drugs including prescription painkillers and illegal
drugs like heroin. Nationwide, prescription and illegal opioids are the
main cause of drug overdose deaths. According to the Centers for Disease Control and Prevention,
opioids were involved in more than 47,600 overdose deaths in 2017. From
1999 to 2017, more than 702,000 people have died from a drug
overdose.     

“This
agreement with MNK is just one example of the timely solutions needed
in our fight against the opioid epidemic. My office has been
aggressively working to hold opioid manufacturers accountable for their
deceptive marketing of highly-addictive pain pills, which spurred an
epidemic and left victims and families with unimaginable consequences,”
said Attorney General Paxton. “My focus is on not only accountability,
but also obtaining the resources we need to get victims of this epidemic
the help they deserve. This agreement is a significant step in the
right direction, and my office will continue to do everything it can to
protect Texans and help our state heal from this life-destroying
crisis.”   

In
2017, Attorney General Paxton and a bipartisan coalition of 40 states
served investigative subpoenas on eight companies that manufacture or
distribute highly addictive painkillers. Since then, Attorney General
Paxton also initiated lawsuits against both Purdue Pharma and Johnson
& Johnson for misleading marketing and sale of opioids.  

School districts hold the responsibility of equipping students to participate in the democratic process... As we enter another election year...educators must promote unbiased information on our civic responsibilities with integrity and honesty.

AUSTIN – Attorney General Ken Paxton today mailed educational materials to Texas school districts detailing the importance of educators’ role in the civic process and providing guidelines for legally and effectively leading both employees and students through the 2020 election.   

“School districts hold the responsibility of equipping students to participate in the democratic process, but they, like all state agencies, must refrain from spending public funds to advocate for or against political candidates,” said Attorney General Paxton. “Pushing faculty or students to vote for or against a particular person is a direct violation of the Texas Election and Education Codes. As we enter another election year and many students register to vote for the first time, educators must promote unbiased information on our civic responsibilities with integrity and honesty.”   

The letters include a booklet of frequently asked questions and guidelines, available by clicking here.