Renewable Energy Insights > Troutman Sanders LLP

Category — Legal Issues & Updates

Troutman Sanders Tobacco Partner Featured in News Report on E-Cigarettes

The television arm of the Washington Post, Post TV, recently ran a news report on electronic cigarettes titled “E-cigs: The battle happening on nicotine’s next front”. The report discusses the recent popularity of e-cigarettes, and speaks of concerns regarding both the impending regulation of the product by the FDA as well as the restrictions that are already beginning to be imposed by major cities on the product.  [Read more →]

April 23, 2014   Comments Off

Potential Testing Requirements for Little Cigars

Many observers assume the FDA will deem little cigars to be within its jurisdictional purview once the so-called “deeming regulations” are issued.  Given the physical similarity to cigarettes, one would also assume that the FDA will require reporting of harmful and potentially harmful constituents (HPHCs) on the products.  [Read more →]

April 23, 2014   Comments Off

Legislators Pressure the FTC and FDA to Regulate E-Cigarette Advertising and Marketing

On April 7, 2014, legislators from California, Connecticut, Illinois, Iowa and Massachusetts wrote joint letters to the head of the Federal Trade Commission (the “FTC”) and the Food and Drug Administration (the “FDA”).  The legislators’ letters urged the FTC and FDA to take action against manufacturers of electronic cigarettes that purportedly make false or unsubstantiated claims in their advertising and marketing. [Read more →]

April 8, 2014   Comments Off

New York City’s Electronic Cigarette Ban Faces Challenge

In December 2013, the New York City Council approved and Mayor Bloomberg signed into law a bill to ban the use of electronic cigarettes in public places.  The ban was added to the City’s 2002 Smoke-Free Air Act (the “SFAA”).  The SFAA was initially enacted to ban the use of cigarettes in public places, and various sources indicate that the purpose of the SFAA is to protect the public from involuntary exposure to second-hand smoke.  [Read more →]

March 28, 2014   Comments Off

Troutman Sanders Smokeshop Magazine Article Regarding State Regulation of E-Cigarettes

An article by the Troutman Sanders tobacco practice appears in the February issue of Smokeshop Magazine.  The article, titled “E-Cigs at the Forefront,” discusses the growing momentum for state-level regulation of tobacco product alternatives, with e-cigarettes attracting the most attention. The full text of the article can be found here. [Read more →]

March 21, 2014   Comments Off

FDA Reports Action on Tobacco Product Premarket Approval Applications

Since the start of 2014, the FDA Center for Tobacco Products (CTP) has issued four Not Substantially Equivalent (NSE) Orders, 13 Refusals to Accept Exemptions from Substantial Equivalence (SE), four Refusals to File (RTF) submissions for Premarket Tobacco Applications (PMTAs), and 43 Withdrawals of SE Reports.  [Read more →]

March 20, 2014   Comments Off

European Union Tobacco Products Directive Cracks Down on Electronic Cigarettes

On February 26, 2014, the European Parliament approved the revised Tobacco Products Directive (the “Revised Directive”), which governs the manufacture, presentation and sale of tobacco and related products in the European Union.  This Revised Directive was passed by the European Parliament more than ten years after approval of the Tobacco Products Directive (the “Directive”).  Prior to approval by the European Parliament, the Revised Directive was recommended by the European Union Member States.  The Revised Directive will now be reviewed by the European Council, and is scheduled to take effect in 2016. [Read more →]

March 18, 2014   Comments Off

New Federal Legislation Would Regulate E-Cigarette Advertising and Marketing

On February 26, 2014, legislators from California, Connecticut, Illinois, Iowa and Massachusetts introduced the federal “Protecting Children from Electronic Cigarette Advertising Act.”  The legislation would prohibit marketing electronic cigarettes to children. [Read more →]

March 3, 2014   Comments Off

The FDA’s Regulatory Quagmire – and What it Could Mean for E-Cigarettes and Cigars

Troutman Sanders tobacco practice partner Bryan Haynes was quoted in a February 27th Reason article titled “FDA Cigarette Regulations Protect Big Tobacco, Not Public Health.” [Read more →]

March 1, 2014   Comments Off

Missouri Reintroduces the Allocable Share Bill After the Arbitration Panel’s Decision on MSA “Diligent Enforcement” Disputes

Missouri, the last remaining state in which nonparticipating manufacturers (“NPMs”) can obtain allocable share releases from their escrow payments, has again introduced legislation to repeal the release mechanism. The bill, House Bill 1242, was introduced on January 8, 2014 and has been referred to and is pending before the House Budget Committee. [Read more →]

March 1, 2014   Comments Off