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Category — Legislation

Troutman Sanders Tobacco Practice Partner to Moderate Panel at ABA Fall Council Meeting

Bryan Haynes, Troutman Sanders tobacco practice partner, will be attending the 2014 American Bar Association Section of State & Local Government Fall Council Meeting from October 9-12 in Denver, Colorado. Bryan will act as moderator during the October 9th afternoon panel entitled “The Regulation (or not!) of E-Cigarettes.” [Read more →]

September 30, 2014   Comments Off

DC Increases Tobacco Tax But Exempts E-Cigarettes

The District of Columbia Mayor recently approved a proposal to increase the tobacco products tax, although the new law exempts e-cigarettes from the tax. [Read more →]

September 24, 2014   Comments Off

Utah Regulators Take Enforcement Action Against Three E-Cigarette Companies

The Utah Department of Commerce recently announced enforcement action against three e-cigarette companies for alleged violations of state consumer protection laws.  A copy of the Department’s press release is attached here:  14-08-27_dcp-e-cigarette [Read more →]

September 15, 2014   Comments Off

Missouri Bill Vetoed that Would Prohibit the Sale of E-Cigarettes to Minors

Missouri Senate Bill 841, which would prohibit the sale of “alternative nicotine products” and “vapor products” to minors, was introduced in February 2014.  In April 2014, the bill passed by an overwhelming majority in both the Missouri House and Senate.  On July 14, 2014, Governor Nixon vetoed the bill.  Over the last few days, various organizations have called upon the Missouri legislature to override the Governor’s veto. [Read more →]

July 16, 2014   Comments Off

E-Cigarette Bill Would Regulate Product Packaging and Content

The promotion and use of electronic nicotine delivery systems will be subject to higher regulation if H.R. 5010, currently pending in the U.S. House of Representatives, is enacted. On June 26, 2014, Representative Speier and four other co-sponsors introduced the Stop Selling and Marketing to Our Kids E-Cigarettes Act (the “SMOKE Act”). The SMOKE Act has been referred to the House Committee on Energy and Commerce. [Read more →]

July 14, 2014   Comments Off

Federal Government and Major Tobacco Companies Agree on Corrective Statements

On June 2, 2014, the United States District Court for the District of Columbia approved an agreement (the “Revised Consent Order”) between the federal government and Philip Morris, R.J. Reynolds and Lorillard Tobacco, which resolved a dispute that has been ongoing for over a decade.  The federal government sued the three tobacco companies, alleging, among other things, that the tobacco companies had engaged in deceptive marketing and advertising practices.  In 2006, after finding that the tobacco companies had made false and deceptive statements, the District Court entered a Final Judgment and Remedial Order #1015 (“Remedial Order”).  The Remedial Order required the tobacco companies to publish corrective statements covering five topics where court determined that the tobacco companies had made deceptive statements.  [Read more →]

June 19, 2014   Comments Off

E-Cigarette Tax Bill Clears North Carolina House

A bill that would tax e-cigarettes as “vapor products” has cleared the North Carolina House of Representatives.  The bill is now pending in the Senate. [Read more →]

May 27, 2014   Comments Off

Oklahoma Bill Would Impose Greater Obligations upon Nonparticipating Manufacturers, Wholesalers and Distributors

Nonparticipating manufacturers, wholesalers, and distributors that do business in Oklahoma will be subject to substantial additional requirements if House Bill 2363 currently pending in the Oklahoma State Legislature is enacted.   The bill has passed both houses of the Legislature and appears to be headed toward approval. [Read more →]

April 24, 2014   Comments Off

Troutman Sanders Tobacco Partner Featured in News Report on E-Cigarettes

The television arm of the Washington Post, Post TV, recently ran a news report on electronic cigarettes titled “E-cigs: The battle happening on nicotine’s next front”. The report discusses the recent popularity of e-cigarettes, and speaks of concerns regarding both the impending regulation of the product by the FDA as well as the restrictions that are already beginning to be imposed by major cities on the product.  [Read more →]

April 23, 2014   Comments Off

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