For agreeing not to challenge Natural American Spirit’s use of the word “Natural” in its product packaging and labeling, the U.S. Food and Drug Administration (“the FDA”) has been sued in the U.S. District Court for the Southern District of Florida. The case is Sproule v. U.S. Food & Drug Administration, et al., No. 9:17‑cv‑80709 (S.D. Fla.). Continue Reading Plaintiff Doubles Down, Sues FDA Over “Natural” Descriptor…
Bryan Haynes, an attorney at Troutman Sanders, is featured in the June 2017 issue of SMOKESHOP discussing being compliant with the FDA’s deeming regulations requirements. Proper planning is the key.
Read the article here.
Troutman Sanders attorney Bryan Haynes was featured in a June 2016 SMOKESHOP article regarding the FDA regulations on deeming tobacco products. The article discusses the FDA’s stringent requirements for premarket tobacco submissions.
Read the full article here
The FDA has extended their upcoming deeming regulations deadlines. This includes the May 10, 2017 deadline, or later, including deadlines for cigar warning label plans, registration and listing, ingredient submissions, health documents, and others. The extension gives the FDA and Department of Health and Human Services’ new leadership time to work through issues triggered by the final rule on deeming regulations.
In May through July several groups have filed lawsuits against the US Food and Drug Administration alleging that the deeming regulations that expand the regulation by FDA of additional tobacco products violate the law.
Currently there are eight lawsuits pending, of which 5 pertain to the vapor industry. Two of these five have been consolidated because they address similar claims. Continue Reading Lawsuits Being Filed Against the FDA Regarding Deeming Regulations
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. Continue Reading Tobacco Practice Partner Quoted in Vapor Voice Magazine
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. Continue Reading Deeming Regulations: Effects of Different Definitions of Tobacco Products
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. Continue Reading Deeming Regulations: Important Deadlines in 2016
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. Continue Reading Tobacco Practice Partner Quoted at Tobacco Merchants Association’s Annual Conference and Meeting
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. Continue Reading Altria Files Suit Against FDA regarding “Black & Mild” Brand Name