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Category — News & Updates

Texas Supreme Court Upholds Tax on Non-Settling Tobacco Companies

On April 1, 2016, the Texas Supreme Court ruled that the state could impose a special tax on cigarette manufacturers that were not part of a multibillion-dollar settlement agreement reached with the major tobacco companies in the late 1990s. [Read more →]

April 24, 2016   Comments Off on Texas Supreme Court Upholds Tax on Non-Settling Tobacco Companies

Troutman Sanders Tobacco Team Quoted in Article on FDA Deeming Regulations

The Troutman Sanders Tobacco Team was recently quoted in a Tampa Tribune article discussing the potential impact of the FDA’s deeming regulations on the premium cigar industry in general, and one Tampa-area business (J.C. Newman Cigar Company) in particular.  [Read more →]

April 17, 2016   Comments Off on Troutman Sanders Tobacco Team Quoted in Article on FDA Deeming Regulations

Troutman Sanders Tobacco Team to Attend NATO Show

We will be attending the National Association of Tobacco Outlets’ trade show in Las Vegas on April 19-21.  The show will feature a presentation by FDA Center for Tobacco Products Director Mitch Zeller.  Amid speculation that the FDA’s deeming regulations could be issued imminently, Director Zeller is expected to speak on current FDA regulations and research on tobacco products that could form the basis for future regulations.

We look forward to seeing our clients and friends at the show.

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

April 17, 2016   Comments Off on Troutman Sanders Tobacco Team to Attend NATO Show

Hawaii Seeks to Impose Excise Tax on Electronic Smoking Devices & E-liquids

The Hawaii Senate has passed a bill that would tax e-liquids and “electronic smoking devices.” The bill now awaits further action in the Hawaii House of Representatives. [Read more →]

April 1, 2016   Comments Off on Hawaii Seeks to Impose Excise Tax on Electronic Smoking Devices & E-liquids

Vermont Introduces Bill to Impose Excise Tax on E-Cigarettes

A bill introduced March 25, 2016 in the Vermont legislature proposes to impose an excise tax on e-cigarettes by redefining “other tobacco products” to include any product manufactured from, derived from, or containing tobacco that is intended for human consumption, including electronic cigarettes that have not been approved by the FDA for tobacco cessation or other medical purposes, any liquids whether nicotine based or not, or delivery devices sold separately for use with electronic cigarettes.  Other tobacco products are currently taxed at 92% of the wholesale price.  The law, if passed, will take effect on July 1, 2016.

 

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

April 1, 2016   Comments Off on Vermont Introduces Bill to Impose Excise Tax on E-Cigarettes

Georgia Proposes Major Changes to Tobacco Escrow Statute

The Georgia House and Senate have both approved a new law that would change nonparticipating manufacturers’ (non-signatories to the 1998 tobacco Master Settlement Agreement) responsibilities for making escrow payments for cigarette sales in the state.  The bill awaits the Governor’s signature. [Read more →]

March 26, 2016   Comments Off on Georgia Proposes Major Changes to Tobacco Escrow Statute

Judge Rules that Vaping is Not Smoking

On February 5, 2016, a New York City Judge ruled that vaping is not the same as smoking under New York State law and that e-cigarette use is not necessarily banned in the same places as smoking.  [Read more →]

March 25, 2016   Comments Off on Judge Rules that Vaping is Not Smoking

Does FDA Solicitation Signal Imminent Plan to Regulate Cigars?

The Food and Drug Administration recently issued a solicitation for proposals for a 10 port cigar smoking machine that will simulate human cigar smoking under a variety of conditions and collect smoke residue for chemical analysis.  The stated purpose of the solicitation is to increase the FDA’s capability to analyze cigar smoke products and support regulatory work for the Center for Tobacco Products.  The machine must analyze smoke under a variety of testing regimes, including ISO, CORESTA, Canadian Intense and Massachusetts Intense. [Read more →]

March 13, 2016   Comments Off on Does FDA Solicitation Signal Imminent Plan to Regulate Cigars?

FDA Eyes Regulation of Hookah Tobacco

Much attention has been given to the impact of the FDA’s proposed deeming regulations on the e-cigarette and cigar industries.  But the deeming regulations almost certainly will give the FDA the authority to regulate much more — any product that is made or derived from tobacco and intended for human consumption.  This includes tobacco used in a waterpipe (known as a hookah).  The tobacco, known as shisha (which is usually flavored), is vaporized through the hookah pipe. [Read more →]

February 28, 2016   Comments Off on FDA Eyes Regulation of Hookah Tobacco

Troutman Sanders Tobacco Team Publishes Article in Smokeshop Magazine Regarding Tobacco and Vapor Product Design Patents

The Tobacco Team recently published an article in Smokeshop Magazine entitled “Design Patents Build Strong, Valuable Brands.”  The article discusses the strategic use of intellectual property rights as a competitive advantage in the marketplace, and particularly the previously-overlooked design patent.  A design patent protects the look and feel of an invention, and will therefore have increasing importance in the burgeoning e-cigarette and vaporizer industries.  Design patents can allow the owner to prevent others from making, using or selling a product with the same or substantially similar design.

The article is linked below.

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

February 12, 2016   Comments Off on Troutman Sanders Tobacco Team Publishes Article in Smokeshop Magazine Regarding Tobacco and Vapor Product Design Patents