Renewable Energy Insights > Troutman Sanders LLP

Category — Legal Issues & Updates

Allocable Share Bill Again Defeated in Missouri

We reported earlier this year on the reintroduction of the allocable share legislation in Missouri, which would prevent non-signatories to the 1998 tobacco Master Settlement Agreement (MSA) from obtaining refunds of their escrow payments.  The bill has been defeated. [Read more →]

June 20, 2014   Comments Off

TMA Hosts Conference on Deeming Regulations

Earlier this week, the Tobacco Merchants Association hosted a conference on the FDA’s proposed tobacco product deeming regulations, which would subject a host of new products — including e-cigarettes, cigars and pipe tobacco — to the FDA’s regulatory authority.  The Troutman Sanders tobacco team participated in the discussion regarding how the industry can best contribute to the ongoing debate as to how these products should be regulated, if at all. [Read more →]

June 19, 2014   Comments Off

Federal Government and Major Tobacco Companies Agree on Corrective Statements

On June 2, 2014, the United States District Court for the District of Columbia approved an agreement (the “Revised Consent Order”) between the federal government and Philip Morris, R.J. Reynolds and Lorillard Tobacco, which resolved a dispute that has been ongoing for over a decade.  The federal government sued the three tobacco companies, alleging, among other things, that the tobacco companies had engaged in deceptive marketing and advertising practices.  In 2006, after finding that the tobacco companies had made false and deceptive statements, the District Court entered a Final Judgment and Remedial Order #1015 (“Remedial Order”).  The Remedial Order required the tobacco companies to publish corrective statements covering five topics where court determined that the tobacco companies had made deceptive statements.  [Read more →]

June 19, 2014   Comments Off

Oklahoma Supreme Court Upholds $47 Million Judgment Against Tobacco Distributor

In a case that has been ongoing since May 2008, on June 10, 2014, the Oklahoma Supreme Court upheld the trial court’s award of $47.7 million in favor of the State of Oklahoma for alleged violations of the Oklahoma Master Settlement Agreement Complementary Act.  The sole question on appeal was whether the State was entitled to summary judgment as a matter of law.  That means, the Oklahoma high court decided whether the trial court erred in finding for the State by not sending the case to a jury for a trial. [Read more →]

June 19, 2014   Comments Off

E-Cigarette Tax Bill Clears North Carolina House

A bill that would tax e-cigarettes as “vapor products” has cleared the North Carolina House of Representatives.  The bill is now pending in the Senate. [Read more →]

May 27, 2014   Comments Off

Maryland Attorney General Questions E-Cigarette Companies

Last week, Maryland Attorney General Douglas Gansler wrote to ten e-cigarette companies raising issues regarding potential nicotine poisoning and purported marketing to minors. [Read more →]

May 10, 2014   Comments Off

Testing E-Cigarettes

The FDA’s proposed deeming regulations call for testing of harmful and potentially harmful constituents in electronic cigarettes.  Those requirements would not be triggered until three years after the regulations become effective, and in the meantime the FDA presumably would need to establish protocols for e-cigarette testing and a list of constituents to be reported. [Read more →]

May 10, 2014   Comments Off

Troutman Sanders Tobacco Practice Quoted on FDA Deeming Regulations

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.  [Read more →]

April 25, 2014   Comments Off

The FDA’s New Deeming Regulations — Get Your Comments In!

The FDA issued proposed regulations yesterday that would extend the FDA’s regulatory authority under the Tobacco Control Act to all tobacco products, including e-cigarettes, cigars and pipe tobacco.  It is important to note that this is a proposal only, and the regulations could become more reasonable or more onerous after a public comment period. [Read more →]

April 25, 2014   Comments Off

The FDA’s New Deeming Regulations– Preliminary Observations — Electronic Cigarettes

FDA’s proposed deeming regulation issued earlier today would cover a variety of products that meet the statutory definition of a “tobacco product,” including electronic cigarettes, cigars and pipe tobacco.  This blog entry discusses three provisions that would apply to the tobacco products “deemed” to be subject to FDA regulation.  [Read more →]

April 24, 2014   Comments Off