Renewable Energy Insights > Troutman Sanders LLP

Category — Legal Issues & Updates

Troutman Sanders Tobacco Practice Partner to Moderate Panel at ABA Fall Council Meeting

Bryan Haynes, Troutman Sanders tobacco practice partner, will be attending the 2014 American Bar Association Section of State & Local Government Fall Council Meeting from October 9-12 in Denver, Colorado. Bryan will act as moderator during the October 9th afternoon panel entitled “The Regulation (or not!) of E-Cigarettes.” [Read more →]

September 30, 2014   Comments Off

Class Action Suit Filed Against E-Cigarette Importer

A California consumer has filed a class action lawsuit against Fumizer, LLC alleging the company made false claims that their e-cigarettes can aid smokers in quitting cigarettes, while neglecting to inform consumers of other alleged health risks. [Read more →]

September 26, 2014   Comments Off

DC Increases Tobacco Tax But Exempts E-Cigarettes

The District of Columbia Mayor recently approved a proposal to increase the tobacco products tax, although the new law exempts e-cigarettes from the tax. [Read more →]

September 24, 2014   Comments Off

FDA Announces E-Cigarette Workshop

In a notice to be published September 17th in the Federal Register, the FDA Center for Tobacco Products announced that it will conduct a public workshop to discuss e-cigarettes, including product science, packaging and labeling, risks and benefits of product characteristics, strategies to mitigate consumer risks, and methods for evaluating product performance.  The notice further indicates that the FDA intends to conduct future workshops addressing both individual- and population-level health impacts of e-cigarettes.  The workshops will be held on December 10 and 11, 2014 in Silver Spring, Maryland. [Read more →]

September 16, 2014   Comments Off

Utah Regulators Take Enforcement Action Against Three E-Cigarette Companies

The Utah Department of Commerce recently announced enforcement action against three e-cigarette companies for alleged violations of state consumer protection laws.  A copy of the Department’s press release is attached here:  14-08-27_dcp-e-cigarette [Read more →]

September 15, 2014   Comments Off

The Vapor IP Wars: Beyond Patents

While patent litigation in the e-cigarette industry has garnered significant attention, the growing number of companies and brands competing in this market raises a host of issues with other types of intellectual property—issues that have already swept across industries that similarly involve a reusable base product and high-margin refill supplies, such as coffee machines and pods, razors and blades, and printers and ink cartridges.  [Read more →]

September 9, 2014   Comments Off

Lawsuit Challenges USDA’s Failure to Collect Tobacco Buy-Out Assessments from Tribal Manufacturers

On August 14, 2014, R.J. Reynolds Tobacco Company (“RJR”) and Santa Fe Natural Tobacco Company, Inc. (“Santa Fe”) sued the United States Department of Agriculture (the “USDA”), among others, in the United States District Court for the District of Columbia.  In their two-count complaint, RJR and Santa Fe allege violations of the Fair and Equitable Tobacco Reform Act (the “FETRA”) and the Administrative Procedure Act (the “APA”). [Read more →]

August 21, 2014   Comments Off

Big Win for Small Tobacco in Texas

In 2013, the Texas legislature introduced and approved House Bill 3525, which imposed a 55-cent-per-pack fee on cigarettes manufactured by companies that did not participate in the Texas tobacco Settlement Agreement.  The Texas Small Tobacco Coalition and Global Tobacco, Inc. filed a lawsuit challenging the fee against the Texas Attorney General and Comptroller.  [Read more →]

August 20, 2014   Comments Off

E-Cigarette Patent Litigation Continues

The saga of plaintiff Timothy Sheridan, named inventor of U.S. Patent No. 7,415,982 for a “Smokeless Pipe,” continues.  In the latest chapter, Sheridan filed a pro se complaint for patent infringement against the United States government in the Court of Federal Claims on August 4, 2014, alleging that the government somehow prevented Sheridan from enforcing the ‘982 patent.  Underlying that allegation is Sheridan’s contention that all currently marketed e-cigarettes and vaporizers infringe the ‘982 patent. [Read more →]

August 18, 2014   Comments Off

Altria Argues Against Applicability of Modified Risk Descriptor Ban to Cigars

The Food and Drug Administration’s (“FDA”) proposed deeming regulations raise concerns for cigar manufacturers with product labels that include descriptors such as “light,” “mild,” “medium” or “low.”  In 2009, the Tobacco Control Act banned these descriptors for cigarettes.  The stated rationale for the ban was the assertion that many consumers believed that descriptors such as “light” or “mild” meant that certain cigarettes were less harmful than other cigarettes. [Read more →]

August 14, 2014   Comments Off