EMA Legal Update: VISA/MasterCard Settlement Administrator Holding Free Webinar on January 8th at 2pm EST

The Co-Lead Counsels and Settlement Administrator in the Visa/Mastercard interchange class action settlement are hosting a free webinar on January 8^th at 2pm EST for retailers to learn how to claim their share of the $5.5 billion settlement.

US Supreme Court Rejects Tobacco Companies Appeal over Graphic Warning Labels

On Monday, the U.S. Supreme Court declined to consider an appeal by RJ Reynolds and other tobacco companies of a lower court’s ruling that found a set of graphic warning labels required by the U.S. Food and Drug Administration did not violate the rights of the companies under the U.S. Constitution's First Amendment. In other words, the action by the US Supreme Court means the lower court's ruling stands and graphic warning labels on cigarette packages and advertisements will be required.

In related news, the Energy Marketers of America (EMA) filed comments on FDA’s guidance document issued on September 13, 2024, regarding enforcement of the rule requiring graphic warnings for cigarette packages and advertisements. The guidance states that FDA intends to exercise enforcement discretion and generally not enforce requirements of the graphic warnings rule for 15 months after the date of the guidance—i.e., until December 12, 2025—and for an additional 30 days (until January 12, 2026) for products manufactured before December 12, 2025.

EMA urged the FDA to issue regulatory guidance that the FDA make clear that retailers and distributors may sell cigarettes without graphic warnings so long as the cigarettes were validly manufactured by December 12, 2025, and introduced into commerce by January 12, 2026.

Click here to read EMA’s comments.

Urge Congress to Extend the Biodiesel Blender’s Tax Credit

Recently, Representatives Mike Carey (R-OH), Claudia Tenney (R-NY), Annie Kuster (D-NH) and Mariannette Miller-Meeks (R-IA) introduced the “Biodiesel Tax Credit Extension Act of 2024,” (H.R. 9060), which aims to extend the $1 per gallon biodiesel blender’s tax credit through 2025. Extending the biodiesel blender’s tax credit is important to energy marketers in order to sell a growing portfolio of affordable, efficient, and environmentally friendly liquid fuels that are helping to reduce emissions while propelling Americans forward and lowering heating fuel costs.

Unfortunately, the Inflation Reduction Act (IRA), which was signed into law in 2022, replaced the biodiesel blender’s tax credit with a new 45Z Clean Fuel Production Credit (CFPC) based on carbon intensity scores. Ethanol, biodiesel, renewable diesel and sustainable aviation fuel (SAF) will all be eligible for the new production tax credit, however, the Department of the Treasury has yet to publish CFPC guidance. Therefore, it is important that Congress acts soon to extend the biodiesel blender’s tax credit to give impacted industries market certainty for at least another year.

• Heating fuels marketers -- click here to write Congress to extend the Biodiesel Blender’s Tax Credit.
• Motor fuels marketers -- click here to write Congress to extend the Biodiesel Blender’s Tax Credit.

Avoid $591/Day in Fines by Meeting Compliance Deadline of January 1, 2025

By January 1, 2025, over 32 million small businesses are required to file a Beneficial Ownership Information report with FinCEN (the Financial Crimes Enforcement Network) under the Corporate Transparency Act. To date, FinCEN has received ~6M filings. You have approximately 50 days left to file.

EMA has partnered with Wolters Kluwer to help our small business members remain compliant and recommend taking the following steps immediately to avoid last-minute issues:

1. Determine Qualification: Confirm whether your entity/entities need to file
   1. Qualifying Entities: Corporations, LLCs, and similar entities registered with the Secretary of State or equivalent office.
   2. Exempt Entities: Exempt entities include publicly traded companies, public utility companies, and entities that employ more than 20 employees, operate at a physical office in the United States, and filed federal tax returns demonstrating more than $5 million in gross receipts or sales.
2. File BOI Reports Promptly: Use EMA’s endorsed BizFilings BOI reporting solution to file your reports.
3. Click here to access the BizFilings platform and file now. Enter EMA12 at checkout for 12% off your filing.

Member Services Benefit with RINAlliance
Are you taking advantage of the Renewable Fuel Standard?

Earlier this year, the Energy Marketers of America announced an exclusive member service agreement with RINAlliance, so that every fuel marketer has an opportunity to leverage the Renewable Fuel Standard (RFS).

Whether a fuel marketer is determining whether to blend and take renewable fuel with RINs, or whether they are a current RFS participant looking to improve RIN management, RINAlliance can help with strategies, tools and expert support.

Schedule your consultation today to learn more by visiting www.rinalliance.com/contact. Be sure to tell them you heard about RINAlliance through EMA or one of its Federation members.

Weekend Reads

Musk Says He Wants to Save the Planet. Tesla’s Factories Are Making It Dirtier

NYT Claims Automakers Want Trump To Keep EV Mandates. One of Them Tells the Free Beacon That's Bogus

New York truck dealer sounds the alarm on Advanced Clean Trucks

AFPM: Trump-Vance Administration Must End EV Mandates

How Trump Could Upend Electric Car Sales

Senator Ernst on DOGE Caucus: “My Promise Was to ‘Make ‘Em Squeal’”

Federated Insurance: Risk Management Corner
The Power of Planning: Changing Driving Behaviors

A recent study estimates that 29% of all traffic-related deaths are due to distractions. Distracted driving is a choice — one that can have serious consequences for everyone sharing the road. Ultimately, you and your employees need to make choices that impact everyone’s safety and well-being while driving.

One way to do this is to remind your employees to plan ahead before driving by using the following tactics:

• Silence Phone Notifications: Before hitting the road, silence your phone to avoid the temptation to check it during your drive.
• Prepare Your GPS in Advance: Set up your GPS and review your route before starting your journey to help prevent last-minute distractions.
• Check Conditions: Look for detours, traffic updates, and weather forecasts to better plan your route and avoid sudden changes.
• Communicate Plans: Inform others when you leave and your expected arrival time to keep them updated without needing to check your phone.
• Pull Over for Calls: If you need to make a call or send an update, find a safe place to pull over first.
• Use a Driving Telematics Program: Utilize in-cab technology or driving telematics programs to enhance your accountability and safety on the road.

By encouraging these responsible habits, you can reinforce safer driving behaviors for your employees. For additional information or to discuss this in further detail, please feel free to contact your Federated regional marketing representative or EMA’s National Account Executive Patrick Cunningham at 507.455.8935 to learn more about how planning ahead to prevent distracted driving, along with telematics programs like Federated DriveSAFE^SM, can help your drivers stay safe. Federated is a Partner in EMA’s Board of Directors Council.

1. U.S. Department of Transportation. 2024 Progress Report on the National Roadway Safety Strategy.

The Power of Planning: Changing Driving Behaviors PDF

At Federated Insurance, It’s Our Business to Protect Yours®

This article is for general information and risk prevention only and should not be considered legal or other expert advice. The recommendations herein may help reduce, but are not guaranteed to eliminate, any or all risk of loss. Examples shown are for illustrative purposes only. The information herein may be subject to, and is not a substitute for, any laws or regulations that may apply. Qualified counsel should be sought with questions specific to your circumstances. ©2024 Federated Mutual Insurance Company.