Renewable Energy Insights > Troutman Sanders LLP

Texas Supreme Court Upholds Tax on Non-Settling Tobacco Companies

On April 1, 2016, the Texas Supreme Court ruled that the state could impose a special tax on cigarette manufacturers that were not part of a multibillion-dollar settlement agreement reached with the major tobacco companies in the late 1990s. [Read more →]

April 24, 2016  

Troutman Sanders Tobacco Team Quoted in Article on FDA Deeming Regulations

The Troutman Sanders Tobacco Team was recently quoted in a Tampa Tribune article discussing the potential impact of the FDA’s deeming regulations on the premium cigar industry in general, and one Tampa-area business (J.C. Newman Cigar Company) in particular.  [Read more →]

April 17, 2016  

Troutman Sanders Tobacco Team to Attend NATO Show

We will be attending the National Association of Tobacco Outlets’ trade show in Las Vegas on April 19-21.  The show will feature a presentation by FDA Center for Tobacco Products Director Mitch Zeller.  Amid speculation that the FDA’s deeming regulations could be issued imminently, Director Zeller is expected to speak on current FDA regulations and research on tobacco products that could form the basis for future regulations.

We look forward to seeing our clients and friends at the show.

For questions and/or comments, please contact Bryan Haynes, at 804.697.1420 or by email.

April 17, 2016  

Hawaii Seeks to Impose Excise Tax on Electronic Smoking Devices & E-liquids

The Hawaii Senate has passed a bill that would tax e-liquids and “electronic smoking devices.” The bill now awaits further action in the Hawaii House of Representatives. [Read more →]

April 1, 2016  

Vermont Introduces Bill to Impose Excise Tax on E-Cigarettes

A bill introduced March 25, 2016 in the Vermont legislature proposes to impose an excise tax on e-cigarettes by redefining “other tobacco products” to include any product manufactured from, derived from, or containing tobacco that is intended for human consumption, including electronic cigarettes that have not been approved by the FDA for tobacco cessation or other medical purposes, any liquids whether nicotine based or not, or delivery devices sold separately for use with electronic cigarettes.  Other tobacco products are currently taxed at 92% of the wholesale price.  The law, if passed, will take effect on July 1, 2016.


For questions and/or comments, please contact Bryan Haynes, at 804.697.1420 or by email.

April 1, 2016  

Georgia Proposes Major Changes to Tobacco Escrow Statute

The Georgia House and Senate have both approved a new law that would change nonparticipating manufacturers’ (non-signatories to the 1998 tobacco Master Settlement Agreement) responsibilities for making escrow payments for cigarette sales in the state.  The bill awaits the Governor’s signature. [Read more →]

March 26, 2016  

Judge Rules that Vaping is Not Smoking

On February 5, 2016, a New York City Judge ruled that vaping is not the same as smoking under New York State law and that e-cigarette use is not necessarily banned in the same places as smoking.  [Read more →]

March 25, 2016  

Does FDA Solicitation Signal Imminent Plan to Regulate Cigars?

The Food and Drug Administration recently issued a solicitation for proposals for a 10 port cigar smoking machine that will simulate human cigar smoking under a variety of conditions and collect smoke residue for chemical analysis.  The stated purpose of the solicitation is to increase the FDA’s capability to analyze cigar smoke products and support regulatory work for the Center for Tobacco Products.  The machine must analyze smoke under a variety of testing regimes, including ISO, CORESTA, Canadian Intense and Massachusetts Intense. [Read more →]

March 13, 2016  

Child-Resistant Packaging Laws for E-Liquids Enacted

On January 28, 2016, President Obama signed the Child Nicotine Poisoning Prevention Act of 2015 (the Act) into law which requires liquid nicotine containers to be packaged in child-resistant packaging.   The Act takes effect on July 26, 2016.  Liquid nicotine containers are defined as packages containing nicotine in a solution or other form, including soluble nicotine in any concentration, and that are accessible by a consumer; but excludes sealed, pre-filled and disposable containers which are inserted into e-cigarettes, ENDS or similar products, and any product where the nicotine is not accessible by a consumer.  The Act also provides effectiveness and testing standards as set forth in the federal Poison Prevention Packaging Act.  [Read more →]

March 1, 2016  

Tobacco Companies to Pay $125 Million Reinstatement of Escrow Funds to Pennsylvania

On December 23, 2015, the Pennsylvania Supreme Court denied several tobacco companies’ petition for appeal of a Commonwealth Court ruling that Pennsylvania is entitled to reinstatement of more than $125 million in funds under the 1998 Master Settlement Agreement (MSA) with the tobacco industry. [Read more →]

February 29, 2016