Eric N. Heyer

Eric, a partner in the firm’s Washington D.C. office, is a member of the Business Litigation group and co-leads the Cannabis practice. He has extensive experience in the cannabis, e-cigarette and vaping industries, advising clients on FDA and state regulatory compliance and enforcement issues, contractual and transactional matters and intellectual property issues. Eric was part of a landmark litigation team that established the legal framework for the vaping industry as it exists today. On behalf of an e-cigarette distributor, he argued that the product was the functional equivalent of traditional cigarettes and not unapproved drugs or medical devices, as the FDA contended. This resulted in the FDA amending its scope of authority to regulate e-cigarette use under the FD&C Act and the 2009 Family Smoking Prevention and Tobacco Control Act. Eric also successfully led the team for the Vapor Technology Association suit against New York state’s emergency ban on the possession and sale of flavored vaping products. Eric is advising more than 30 clients on navigating the PACT Act.