J. Andrew Salemme

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Andrew Salemme Prevails in Constitutional Challenge to Vaping Licensing Requirements

We are pleased to announce a significant victory achieved by Andrew Salemme, who successfully prevailed in an appeal to the Commonwealth Court regarding a facial constitutional challenge to manufacturing licensing requirements under the Other Tobacco Products Tax Act. In a published en banc opinion, the court struck down provisions that granted the Department of Revenue broad discretion in requiring licensing applicants to submit unnecessary and intrusive information, including a consent form allowing warrantless searches of financial records.

The court ruled that these licensing provisions violated the separation of powers doctrine and declared them unconstitutional. This ruling is a pivotal moment in ensuring a more balanced and fair regulatory environment for the vaping industry.

To watch the full argument from October 9, 2024, on PCN TV, click here.

January 10, 2025

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