On occasion, a  manufacturer of tobacco products may decide to use its permitted facility for another purpose, one that may exceed the permit or be altogether unrelated to the permitted use.  For example, a manufacturer of tobacco products may decide to manufacture cigarette papers and tubes, or to process tobacco for third parties, or even to make a product similar to a cigarette that has no tobacco in the product. Some manufacturers have assumed that a tobacco producer permit will automatically cover its activity to also make these products, but it does not.    Continue Reading Ramifications of Using the Permitted Area for Another Purpose

On September 2, 2016, California’s Office of Environmental Health Hazard Assessment (OEHHA) finalized its rule amending Article 6 of the regulations implementing Proposition 65 (i.e., California’s Safe Drinking Water and Toxic Environment Act of 1986).  As a result of the new regulation, tobacco and electronic cigarette manufacturers may be required to update their Proposition 65 warnings. Continue Reading California Finalizes New Prop. 65 Warning Label Rule

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. Continue Reading Deeming Regulations: Important Deadlines in 2016

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.”

Continue Reading Deeming Regulations — Initial Impressions — Warnings

This will be the first part in our continuing series of posts discussing certain aspects of the FDA’s proposed deeming regulations, which were issued today.

This part focuses on the premarket review process that will be applicable to the newly deemed products — principally e-cigarettes, cigars, and pipe tobacco.  The FDA contemplates that the premarket review process applicable to currently regulated tobacco products (cigarettes, smokeless tobacco and cigarette tobacco) will be equally applicable to the newly deemed products.  Significantly, the statutory grandfather date of February 15, 2007 applies to the newly deemed products.  This means that any product that has been introduced or changed in any way since that date will be subject to the premarket review process.  This means that all or almost all e-cigarettes will be subject to premarket review. Continue Reading Deeming Regulations — Initial Impressions — Premarket Review

On January 28, 2016, President Obama signed the Child Nicotine Poisoning Prevention Act of 2015 (the Act) into law which requires liquid nicotine containers to be packaged in child-resistant packaging.   The Act takes effect on July 26, 2016.  Liquid nicotine containers are defined as packages containing nicotine in a solution or other form, including soluble nicotine in any concentration, and that are accessible by a consumer; but excludes sealed, pre-filled and disposable containers which are inserted into e-cigarettes, ENDS or similar products, and any product where the nicotine is not accessible by a consumer.  The Act also provides effectiveness and testing standards as set forth in the federal Poison Prevention Packaging Act.  Continue Reading Child-Resistant Packaging Laws for E-Liquids Enacted

An article by the Troutman Sanders Tobacco practice appears in the February issue of Smokeshop Magazine. The article, titled “Pennsylvania’s Legal Battle Over MSA Payments Keeps Twisting” discusses the ongoing battle between Pennsylvania and major tobacco manufacturers regarding disputed 2003 Master Settlement Agreement (“MSA”) escrow payments.

Continue Reading Troutman Sanders Tobacco Practice Publishes Article on Pennsylvania’s Ongoing MSA Payment Battle in Smokeshop 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. Continue Reading Troutman Sanders Tobacco Practice Publishes Article on Vapor Product Regulatory Predictions in Vapor Digest Magazine

Two bills recently introduced in the New York State Assembly would regulate vapor products.

One bill, A 635, would ban the sale of e-liquid refill bottles.  Another bill, A 296, would tax vapor product cartridges at 75% of the wholesale price.  The products would therefore need to be sold through licensed tobacco distributors.

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