Category — Legislation
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
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 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
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
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.
December 17, 2013 Comments Off
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
On August 2, 2013, the Smuggled Tobacco Prevention Act (“STOP Act”) was reintroduced in the 113th Congress in the form of H.R. 2990 by United States Congressman Lloyd Doggett of Texas. H.R. 2990 has been referred to and currently awaiting review by the House Committee on Ways and Means.
The STOP Act has been introduced in various forms since 2004, and the legislation is designed to enhance law enforcement’s ability to combat illegal tobacco trafficking. The most recent previous version of the STOP Act, H.R. 3186, was introduced in 2011 during the 112th Congress. Referred to the House Committee on Ways and Means, neither chamber of Congress took action on the 2011 version of the bill after it was introduced. [Read more →]
August 29, 2013 Comments Off
A bill that would tax and impose additional regulations on electronic cigarettes is moving through the Oklahoma legislature. Senate Bill 802 has already cleared the Oklahoma Senate and is pending in the Oklahoma House. [Read more →]
April 7, 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
We reported last month on a bill in Mississippi that would have nearly doubled the fee applicable to non-signatories to the state’s tobacco settlement agreement. We can now report that the bill has died in committee, and it therefore appears that the fee will remain at its current rate of 27 cents per pack [Read more →]
March 9, 2013 Comments Off