Several delays have come in a cigar industry challenge to the FDA’s Deeming Regulations. The case is Cigar Association of America, et al. v. U.S. Food & Drug Administration, et al., No. 1:16-cv-01460 (D.D.C.).

During the spring of 2017, there were several extensions of pending deadlines to “allow new leadership personnel at the Department of Health and Human Services to more fully consider the issues raised in this case and determine how best to proceed.” Another delay has come after the FDA’s most recent announcement of July 28, 2017, declaring a new comprehensive plan for focusing the FDA’s regulatory efforts regarding nicotine. Continue Reading Delays in Cigar Industry Challenge to Deeming Regulations After the FDA’s July 28 Announcement

Tobacco team members Bryan Haynes and Paige Fitzgerald attended this year’s Annual Conference hosted by the Food and Drug Law Institute (FDLI) in Washington, DC, on May 4-5, 2017.  Bryan and Paige covered each of the tobacco-related sessions, and wrote an article for the organization’s Update magazine, which covers current regulatory issues of importance to the industry.  Continue Reading Troutman Tobacco Team’s Article Featured in FDLI’s Update Magazine

The FDA’s July 28, 2017, announcement has spurred the parties and would-be intervenors to address the issue to the Court in Cyclops Vapor 2, LLC, et al. v. FDA, et al., No. 2:16-cv-556 (M.D. Ala.). A hearing will be held in the morning of August 10, 2017, in this case challenging the FDA’s Deeming Regulations.

On July 28, the FDA specially announced a new comprehensive plan for focusing its regulatory efforts regarding nicotine, including extending the deadline for premarket review of electronic nicotine delivery systems. Continue Reading FDA’s July 28 Announcement Among Subjects of August 10 Hearing in Deeming Regulations Challenge

Troutman Sanders partner Bryan Haynes was interviewed for a Law 360 article regarding the FDA’s July 27th announcement it is considering a rule regarding nicotine levels in cigarettes. While such a rule would likely be years away, people involved in the industry are already speculating on the consequences of such a policy. This may include the potential for illicit trade, which is one factor the FDA must consider when evaluating such a rule. Bryan was quoted as saying, “The potential for black markets [of higher nicotine cigarettes] is a very real issue.”

View the entire article here.

For questions and/or comments, please contact Bryan Haynes, Troutman Sanders tobacco practice partner, at 804.697.1420 or by email.

The FDA made a special announcement this morning regarding a new comprehensive plan to focus regulatory efforts on nicotine, specifically to lower nicotine levels in combustible cigarettes through product standards and to examine the role of non-combustible tobacco products to reduce addiction to nicotine.  Continue Reading FDA to Extend Premarket Review Application Deadlines for Newly Deemed Products and Announces Nicotine-Reduction Plan for Combustible Cigarettes

Pending a Pennsylvania state court’s determination of claims under state law, a federal court has put on hold a federal challenge to the Pennsylvania Department of Revenue’s expansive reading of Pennsylvania’s new tax on vapor products. The suit began in the Commonwealth Court of Pennsylvania and challenges the Department’s reading as a matter of statutory interpretation, the Pennsylvania Constitution and the U.S. Constitution. Continue Reading Pennsylvania State Court to Get First Say in Vapor Products Tax Case

For agreeing not to challenge Natural American Spirit’s use of the word “Natural” in its product packaging and labeling, the U.S. Food and Drug Administration (“the FDA”) has been sued in the U.S. District Court for the Southern District of Florida. The case is Sproule v. U.S. Food & Drug Administration, et al., No. 9:17‑cv‑80709 (S.D. Fla.). Continue Reading Plaintiff Doubles Down, Sues FDA Over “Natural” Descriptor…

Troutman Sanders attorneys Bryan Haynes and Robert Claiborne, Jr. were featured in the April 2017 issue of SMOKESHOP magazine. The article, titled “UPS Untaxed Cigarette Trafficking Liability: Increased Scrutiny on Tobacco Companies”, discusses a recent court decision finding United Parcel Service liable to New York City and New York State for claims related to alleged cigarette trafficking.

Read the article here.


Troutman attorney Bryan Haynes will attend this year’s 85th annual IPCPR trade show held July 10-14, 2017 in Las Vegas, NV. You can meet Bryan at the Smokeshop Magazine booth.

Click here to learn more about the IPCPR and the Trade Show.

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