Renewable Energy Insights > Troutman Sanders LLP

Category — Legal Issues & Updates

TTB to Propose Rules Distinguishing Pipe Tobacco from Cigarette Tobacco

The Senate Finance Committee this week held a hearing entitled Tobacco:  Taxes Owed, Avoided, and Evaded.  The purpose of the meeting was to address alleged tax evasion in three principal areas:  (1) evading higher cigar taxes by increasing the weight of products to qualify for the lower rate imposed on large cigars; (2) evading higher roll-your-own tobacco taxes by marketing cigarette tobacco as pipe tobacco, and (3) trafficking in contraband tobacco products, such as counterfeit or illegally manufactured products.  The head of the Alcohol and Tobacco Tax and Trade Bureau, John Manfreda, as well as industry representatives and tobacco control advocates, testified. [Read more →]

August 2, 2014   Comments Off

Court Finds Conflicts of Interest on TPSAC Panel, Bars Use of Menthol Report

On July 21, 2014, Judge Richard Leon of the United States District Court for the District of Columbia ruled that the Food and Drug Administration (“FDA”) was barred from considering a 2011 report that recommended the removal of menthol cigarettes from the marketplace (the “Menthol Report”), because the advisory committee that prepared the report was tainted by conflicts of interest.  [Read more →]

July 27, 2014   Comments Off

Senate Introduces Bill Calling for “Special Packaging” Requirements for E-Liquid

On July 10, 2014, Senator Nelson of Florida, along with several co-sponsors, introduced a bill in Congress that calls for “special packaging” requirements for e-liquid.  Commonly known as the Child Nicotine Poisoning Act of 2014, Senate Bill 2581 (“S. 2581”) calls on the Consumer Product Safety Commission (the “Commission”) to require childproof packaging, or “special packaging” for any e-liquid container, referred to in the bill as a “liquid nicotine container.”  S. 2581 has been referred to the House Committee on Commerce, Science, and Transportation. [Read more →]

July 18, 2014   Comments Off

Missouri Bill Vetoed that Would Prohibit the Sale of E-Cigarettes to Minors

Missouri Senate Bill 841, which would prohibit the sale of “alternative nicotine products” and “vapor products” to minors, was introduced in February 2014.  In April 2014, the bill passed by an overwhelming majority in both the Missouri House and Senate.  On July 14, 2014, Governor Nixon vetoed the bill.  Over the last few days, various organizations have called upon the Missouri legislature to override the Governor’s veto. [Read more →]

July 16, 2014   Comments Off

E-Cigarette Bill Would Regulate Product Packaging and Content

The promotion and use of electronic nicotine delivery systems will be subject to higher regulation if H.R. 5010, currently pending in the U.S. House of Representatives, is enacted. On June 26, 2014, Representative Speier and four other co-sponsors introduced the Stop Selling and Marketing to Our Kids E-Cigarettes Act (the “SMOKE Act”). The SMOKE Act has been referred to the House Committee on Energy and Commerce. [Read more →]

July 14, 2014   Comments Off

Federal Court Upholds New York City Ban on Tobacco Discounting

On June 18, 2014, the United States District Court for the Southern District of New York upheld a New York City ordinance that effectively prohibits all promotional marketing and discounts for cigarettes and tobacco products.  The District Court found that there was no First Amendment violation and that the newly enacted city code, which bans any sale of cigarettes or tobacco products below the “listed” or “advertised” price, was not preempted by federal or state law. [Read more →]

July 8, 2014   Comments Off

FDA-Backed Research is Too Little, Too Late

Troutman Sanders tobacco team partner Bryan Haynes was quoted in a July 7th Reuters article titled “INSIGHT – As millions vape, e-cigarette researchers count puffs, scour Facebook.” [Read more →]

July 8, 2014   Comments Off

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