Renewable Energy Insights > Troutman Sanders LLP

Category — Legislation

Legislators Pressure the FTC and FDA to Regulate E-Cigarette Advertising and Marketing

On April 7, 2014, legislators from California, Connecticut, Illinois, Iowa and Massachusetts wrote joint letters to the head of the Federal Trade Commission (the “FTC”) and the Food and Drug Administration (the “FDA”).  The legislators’ letters urged the FTC and FDA to take action against manufacturers of electronic cigarettes that purportedly make false or unsubstantiated claims in their advertising and marketing. [Read more →]

April 8, 2014   Comments Off

New York City’s Electronic Cigarette Ban Faces Challenge

In December 2013, the New York City Council approved and Mayor Bloomberg signed into law a bill to ban the use of electronic cigarettes in public places.  The ban was added to the City’s 2002 Smoke-Free Air Act (the “SFAA”).  The SFAA was initially enacted to ban the use of cigarettes in public places, and various sources indicate that the purpose of the SFAA is to protect the public from involuntary exposure to second-hand smoke.  [Read more →]

March 28, 2014   Comments Off

Troutman Sanders Smokeshop Magazine Article Regarding State Regulation of E-Cigarettes

An article by the Troutman Sanders tobacco practice appears in the February issue of Smokeshop Magazine.  The article, titled “E-Cigs at the Forefront,” discusses the growing momentum for state-level regulation of tobacco product alternatives, with e-cigarettes attracting the most attention. The full text of the article can be found here. [Read more →]

March 21, 2014   Comments Off

European Union Tobacco Products Directive Cracks Down on Electronic Cigarettes

On February 26, 2014, the European Parliament approved the revised Tobacco Products Directive (the “Revised Directive”), which governs the manufacture, presentation and sale of tobacco and related products in the European Union.  This Revised Directive was passed by the European Parliament more than ten years after approval of the Tobacco Products Directive (the “Directive”).  Prior to approval by the European Parliament, the Revised Directive was recommended by the European Union Member States.  The Revised Directive will now be reviewed by the European Council, and is scheduled to take effect in 2016. [Read more →]

March 18, 2014   Comments Off

States Seek to Increase Tobacco Tax Revenue by Taxing E-Cigarettes

Troutman Sanders tobacco team partner Bryan Haynes was quoted in a February 24th Law360 article titled “States Acting Hastily In Pushing E-Cigarette Taxes.” [Read more →]

February 25, 2014   Comments Off

Lawmakers Attempt to Force Electronic Cigarettes into the MSA

On February 12, 2014, congressmen from California, Iowa and Vermont sent a joint letter to the Attorneys General in those states, urging them to classify electronic cigarettes as cigarettes under the Master Settlement Agreement (“MSA”).  The MSA was adopted in 1998 and applies to cigarette and roll-your-own tobacco manufacturers.  In the letter, the lawmakers stated that classifying electronic cigarettes as cigarettes would be a “bold step” in the battle against tobacco use.  [Read more →]

February 20, 2014   Comments Off

The New Year Brings E-Cigarette Legislation at the State and Local Levels

The beginning of 2014 has seen a variety of legislation at the state and local levels that would regulate and/or tax electronic cigarettes. [Read more →]

January 25, 2014   Comments Off

European Union Pursues E-Cigarette Regulation

In late December, the European Union’s Parliament approved anti-tobacco legislation, and the legislation included regulations governing electronic cigarettes.  Although the European Union has been considering regulating electronic cigarettes for quite some time, the recently-approved legislation is the first rule covering electronic cigarettes at the EU-level.  Prior to the approval of this legislation, electronic cigarettes, if at all, were regulated by each individual government within the European Union. [Read more →]

January 24, 2014   Comments Off

Graphic Warning Labels are Unconstitutional

Another shameless plug for a Troutman Sanders tobacco team publication — we recently published an article in the Food and Drug Law Journal entitled “Compelled Commercial Speech:  the Food and Drug Administrationi’s Effort to Smoke Out the Tobacco Industry through Graphic Warning Labels.”  The article discusses the court decisions addressing the FDA’s mandate for cigarette packages to bear graphics depicting the health consequences of smoking, as well as possible approaches to future litigation involving the warning labels.

For questions and/or comments, please contact Bryan Haynes, at 804.697.1420 or by email.

December 17, 2013   Comments Off

FDA Offers Clues Regarding Content of “Deeming” Regulations

In a recent letter to the National Association of Attorneys General (“NAAG”) and in the latest iteration of the Obama Administration’s Unified Regulatory Agenda, the FDA shed some light on the likely content of its “deeming” regulations that will subject additional tobaccco products to regulation under the Family Smoking Prevention and Tobacco Control Act.  The deeming regulations have been drafted, but are not yet public, pending review by the White House Office of Management and Budget under Executive Order 12866. [Read more →]

November 30, 2013   Comments Off