Renewable Energy Insights > Troutman Sanders LLP

Category — FDA

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

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

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

Tobacco Practice Partner Quoted in Law360 Article

Troutman Sanders tobacco team partner Bryan Haynes was quoted in a January 2nd Law360 article titled “Product Liability Legislation and Regulation to Watch In 2015.” [Read more →]

January 22, 2015   Comments Off on Tobacco Practice Partner Quoted in Law360 Article

Troutman Sanders Tobacco Practice Publishes Article on Vapor Product Regulatory Predictions in Vapor Digest Magazine

An article by Bryan Haynes of the Troutman Sanders Tobacco practice appears in the January issue of Vapor Digest Magazine. The article, titled “Vapor Industry Regulation – Predications for 2015” discusses the regulatory landscape that could be facing the vapor industry during the upcoming year.  Aside from the FDA’s deeming regulations, which may become finalized during the coming year, Bryan speculates on the likelihood of additional regulations, primarily on a state level. [Read more →]

January 21, 2015   Comments Off on Troutman Sanders Tobacco Practice Publishes Article on Vapor Product Regulatory Predictions in Vapor Digest Magazine

The Tricky World of Online Tobacco Sales – the FDA Issues Warning Letters to Retailers for Sales of NSE-Products

On December 16, the FDA issued warning letters to six online retailers for selling “across state lines a tobacco product subject to a Not Substantially Equivalent (NSE) Order.”  Once an NSE order has been issued for a particular tobacco product by the FDA’s Center for Tobacco Products, the products are considered “misbranded and adulterated” and therefore cannot be sold, marketed, or distributed.  [Read more →]

December 19, 2014   Comments Off on The Tricky World of Online Tobacco Sales – the FDA Issues Warning Letters to Retailers for Sales of NSE-Products

Troutman Sanders Tobacco Practice Publishes Article on Premium Cigars in Smokeshop Magazine

An article by the Troutman Sanders Tobacco practice appears in the October issue of Smokeshop Magazine. The article, titled “Premium Cigars Face Regulations Strangulation under FDA”, discusses the anticipated impact of FDA’s pre-market review requirements on the premium cigar market. [Read more →]

December 5, 2014   Comments Off on Troutman Sanders Tobacco Practice Publishes Article on Premium Cigars in Smokeshop Magazine