The Troutman Sanders tobacco practice has been quoted in two recent articles regarding the FDA’s recent move to extend regulatory oversight to e-cigarettes, cigars, pipe tobacco and other tobacco products.
In an April 24 Law360 article – “FDA’s Timid E-Cig Proposal Plays Into Industry’s Hands” – Bryan Haynes addressed the significance of the 75-day period for the submission of public comments on the proposed regulations: “The next 75 days will be very important,” said Bryan. “It’s fair to say that to the extent that the final rules involve a significant impact on getting a product approved or marketing it to adults, the industry will consider all its options to fight them, including litigation.”
In an April 24 Richmond Times-Dispatch article – “FDA eases into regulating e-cigarettes” — Bryan is also quoted on concerns about the deeming regulations’ premarket approval requirements. Haynes notes that the FDA would “require companies to submit for approval products that were not on the market prior to Feb. 15, 2007, or that have been changed since then.” “That covers probably every single e-cigarette and most, if not all, premium cigars,” Haynes said, “adding that the requirement would be burdensome for companies.”