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Category — Legal Issues & Updates

Tobacco Practice Partner Quoted in Vapor Voice Magazine

Troutman Sanders tobacco team partner Bryan Haynes was interviewed for a June 21 Vapor Voice Magazine article titled “Dark Vapor.” The article deals with the huge propensity for black-market growth in the vapor industry as the FDA’s deeming regulations force many companies to cease their innovative efforts – or even shut their doors. [Read more →]

June 23, 2016   Comments Off on Tobacco Practice Partner Quoted in Vapor Voice Magazine

Deeming Regulations: Effects of Different Definitions of Tobacco Products

The U.S. Food and Drug Administration (“FDA”) draws its authority from the Food Drug & Cosmetic Act (“FD&C Act”), whereas the Alcohol Tobacco Tax and Trade Bureau (“TTB”) is authorized under the Internal Revenue Code (“IRC”).  Each of these laws has different definitions of “tobacco products” for different purposes.  FDA’s Deeming Rule has no effect on TTB’s jurisdiction over tobacco products, and vice versa.  While the FDA has deemed certain products to be “tobacco products” under the FD&C Act, some deemed products do not meet the definition of “tobacco products” under the IRC.  [Read more →]

June 17, 2016   Comments Off on Deeming Regulations: Effects of Different Definitions of Tobacco Products

Lawsuit Against DOT Ban on Vapor Products in Airplanes

The U.S. Department of Transportation (“DOT”) promulgated a regulation in May 2016 prohibiting passengers from packing e-cigarettes in stowed luggage or using them on airline flights.  As a result, two non-profit organizations, the Competitive Enterprise Institute (“CEI”) and the Consumer Advocates for Smoke-free Alternatives Association (“CASAA”) filed a lawsuit against DOT alleging that DOT exceeded its authority when it promulgated the regulation.  [Read more →]

June 17, 2016   Comments Off on Lawsuit Against DOT Ban on Vapor Products in Airplanes

Deeming Regulations: Important Deadlines in 2016

The FDA’s proposed deeming regulations extend the FDA’s regulatory authority to additional tobacco products including e-cigarettes, e-liquids, cigars, hookah tobacco, pipe tobacco and dissolvables, referred to as “covered tobacco products.”  The FDA currently regulates cigarette tobacco, roll-your own, cigarettes, and smokeless tobacco. [Read more →]

June 13, 2016   Comments Off on Deeming Regulations: Important Deadlines in 2016

Tobacco Practice Partner Quoted at Tobacco Merchants Association’s Annual Conference and Meeting

Troutman Sanders tobacco team partner Bryan Haynes was quoted in a May 13 Convenience Store News article that recapped “tidbits” gleaned from this year’s TMA’s Annual Conference and Meeting, which was held in Williamsburg, Virginia. [Read more →]

June 10, 2016   Comments Off on Tobacco Practice Partner Quoted at Tobacco Merchants Association’s Annual Conference and Meeting

Altria Files Suit Against FDA regarding “Black & Mild” Brand Name

On May 26, 2016, Altria Group, Inc. filed suit against the Food & Drug Administration (FDA) in a bid to keep using the Black & Mild brand name for its popular cigars. [Read more →]

May 31, 2016   Comments Off on Altria Files Suit Against FDA regarding “Black & Mild” Brand Name

Tobacco Practice Partner Quoted in Cuban Cigars Article

Troutman Sanders tobacco team partner Bryan Haynes was interviewed for a May 22nd Tampa Bay Times article titled “U.S. fans of Cuban cigars still have long wait before they can be sold here.” The report describes trials and tribulations facing Cuban manufacturers of premium cigars in light of the new deeming regulations published by the FDA on May 10, 2016. [Read more →]

May 24, 2016   Comments Off on Tobacco Practice Partner Quoted in Cuban Cigars Article

Deeming Regulations — Initial Impressions — Warnings

Nicotine: The deeming regulations promulgated by the Food and Drug Administration contain new warning requirements for certain tobacco products, including cigars, pipe tobacco, e-cigarettes, vapor products, hookah tobacco, dissolvables, and nicotine gel.  Effective August 8, 2018, a nicotine health warning is required on packaging and advertisements.  The language is:

“WARNING: This product contains nicotine. Nicotine is an addictive chemical.”

[Read more →]

May 11, 2016   Comments Off on Deeming Regulations — Initial Impressions — Warnings

Child-Resistant Packaging Laws for E-Liquids Enacted

On January 28, 2016, President Obama signed the Child Nicotine Poisoning Prevention Act of 2015 (the Act) into law which requires liquid nicotine containers to be packaged in child-resistant packaging.   The Act takes effect on July 26, 2016.  Liquid nicotine containers are defined as packages containing nicotine in a solution or other form, including soluble nicotine in any concentration, and that are accessible by a consumer; but excludes sealed, pre-filled and disposable containers which are inserted into e-cigarettes, ENDS or similar products, and any product where the nicotine is not accessible by a consumer.  The Act also provides effectiveness and testing standards as set forth in the federal Poison Prevention Packaging Act.  [Read more →]

March 1, 2016   Comments Off on Child-Resistant Packaging Laws for E-Liquids Enacted

Tobacco Companies to Pay $125 Million Reinstatement of Escrow Funds to Pennsylvania

On December 23, 2015, the Pennsylvania Supreme Court denied several tobacco companies’ petition for appeal of a Commonwealth Court ruling that Pennsylvania is entitled to reinstatement of more than $125 million in funds under the 1998 Master Settlement Agreement (MSA) with the tobacco industry. [Read more →]

February 29, 2016   Comments Off on Tobacco Companies to Pay $125 Million Reinstatement of Escrow Funds to Pennsylvania