Category — FDA
Members of the Troutman Sanders Tobacco practice will attend the 81st International Premium Cigar and Pipe Retailers Association Annual Convention & International Trade from July 13-17 in Las Vegas, NV. Our Troutman Sanders’ Tobacco practice believes it is vital, as tobacco lawyers, to stay connected with the companies and experts of the industry as well as to stay up-to-date on the issues and concerns coming directly from the people in the tobacco industry. With that said, we value the unique opportunity to attend the IPCPR show in an effort to provide your business with the best legal advice possible.
If you plan to attend the show, we will be present at the Smokeshop Magazine booth and we look forward to seeing you there.
If you are unable to attend, we will provide a takeaway blog entry next week on our Tobacco Law Blog.
Click here for more information on IPCPR.
Meet the members of our Troutman Sanders Tobacco Practice.
July 11, 2013 Comments Off
The Troutman Sanders Tobacco practice will be presenting at the Tobacco Merchants Association Annual Meeting and All-Industry Conference in Williamsburg, Virginia on May 16th.
Ashley Taylor will present on “Promotions in Rhode Island & New York.” Bryan Haynes will participate in a panel entitled “Deeming Regulations — A Conversation,” which pertains to the Food and Drug Administration’s anticipated regulation that would deem additional tobacco products (such as cigars, e-cigarettes and pipe tobacco) subject to FDA’s authority under the Tobacco Control Act.
We look forward to seeing our friends at the conference.
May 16, 2013 Comments Off
On April 22, 2013, the United States Supreme Court denied a petition for writ of certiorari in a First Amendment challenge to the 2009 Family Smoking Prevention and Tobacco Control Act’s graphic warning label requirement. The law requires that cigarette packages display graphic warning labels covering 20 to 50 percent of the product packaging. [Read more →]
May 5, 2013 Comments Off
The Troutman Sanders Tobacco practice is proud to be participating in the Food and Drug Law Institute’s (FDLI) 2013 Annual Conference, the largest and longest-running legal conference for regulated industry. This year’s conference will cover legal, regulatory, policy and economic issues spanning the gamut of the Food and Drug Administration’s (FDA) authority, by bringing together experts from industry, Congress, and federal agencies. FDLI’s Annual Conference provides a valuable educational opportunity to discuss and debate emerging issues. [Read more →]
April 22, 2013 Comments Off
The new head of FDA’s Center for Tobacco Products, Mitchell Zeller, started work this week.
Zeller (who is a trained lawyer) has a long record in tobacco control, having led FDA’s failed effort in the mid-1990s to regulate tobacco products. The U.S. Supreme Court rejected that effort, finding that FDA lacked congressional authority to regulate tobacco products. Now that FDA has been given congressional authority, Zeller takes over as head of those efforts, assuming the position held by Dr. Lawrence Deyton since the inception of FDA’s tobacco authority.
Between his stints at FDA, Zeller worked with the American Legacy Foundation, which was created in the aftermath of the Master Settlement Agreement and is known for the “Truth” television advertisements designed to curb tobacco use. Zeller then worked for a pharmaceutical consulting firm, which represents clients that sell nicotine replacement products.
March 9, 2013 Comments Off
A bill pending in the Utah legislature, House Bill 372, would tax and regulate electronic cigarettes as tobacco products under Utah law.
If enacted, the bill would redefine the term “tobacco product” to include e-cigarettes and cartridges. This would impose the tobacco products tax on e-cigarettes, which is 86% of the manufacturer’s price. The bill would also functionally prohibit remote sales of e-cigarettes. The bill also would ban self-service displays of e-cigarettes, and ban free samples of e-cigarettes.
The bill does not apply to an e-cigarette that has been approved by the FDA as a smoking cessation device, nor does it apply to e-cigarettes that do not contain nicotine.
On March 6, the Utah House Health and Human Services Committee voted to pass the bill out of committee with minor amendments.
March 9, 2013 Comments Off
Troutman Sanders Tobacco Practice Quoted in The Atlantic Article, “The FDA is Keeping New Cigarettes Off the Market”
Bryan Haynes of the Troutman Sanders Tobacco practice was recently quoted in The Atlantic article, “The FDA is Keeping New Cigarettes Off the Market“.
Haynes explains why tobacco companies believe this violates the obvious intent of the law. “Why would you have a 180-day review for a presumably more complex process, and not for a presumably streamlined process?” It’s a question the cigarette maker Lorillard has posed in a public petition to the FDA, requesting that the agency return to the practice of provisionally allowing new products onto the market until it can expedite its reviews. Haynes suggests the issue may be decided in court.
March 8, 2013 Comments Off
The Tobacco Control Act requires specific health warnings for smokeless tobacco products. The packaging and advertising of smokeless tobacco products must contain one of the following four specified warning statements:
- WARNING: This product can cause mouth cancer.
- WARNING: This product can cause gum disease and tooth loss.
- WARNING: This product is not a safe alternative to cigarettes.
- WARNING: Smokeless tobacco is addictive. [Read more →]
March 3, 2013 Comments Off
Fox’s Washington, D.C. affiliate WTTG recently did a report on electronic cigarettes. The report discusses the recent popularity of e-cigarettes, and cites an FDA statement that “FDA intends to propose regulation that would extend the agency’s ‘tobacco product’ authorities … further research is needed to assess the potential public health benefits and risks of electronic cigarettes.”
Troutman Sanders Tobacco practice partner Bryan Haynes is quoted in the article as saying the e-cigarette companies must be careful not to make health claims. “”The FDA has said e-cigarette companies cannot market their product as more healthful than regular cigarettes,” said Haynes.
February 17, 2013 Comments Off
We enjoyed seeing our friends and meeting new ones at the Tobacco Plus Expo show in Las Vegas on January 30-31. We also attended a meeting of electronic cigarette companies just before the show. [Read more →]
February 9, 2013 Comments Off