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Category — News & Updates

Lawsuit Challenges USDA’s Failure to Collect Tobacco Buy-Out Assessments from Tribal Manufacturers

On August 14, 2014, R.J. Reynolds Tobacco Company (“RJR”) and Santa Fe Natural Tobacco Company, Inc. (“Santa Fe”) sued the United States Department of Agriculture (the “USDA”), among others, in the United States District Court for the District of Columbia.  In their two-count complaint, RJR and Santa Fe allege violations of the Fair and Equitable Tobacco Reform Act (the “FETRA”) and the Administrative Procedure Act (the “APA”). [Read more →]

August 21, 2014   Comments Off

Big Win for Small Tobacco in Texas

In 2013, the Texas legislature introduced and approved House Bill 3525, which imposed a 55-cent-per-pack fee on cigarettes manufactured by companies that did not participate in the Texas tobacco Settlement Agreement.  The Texas Small Tobacco Coalition and Global Tobacco, Inc. filed a lawsuit challenging the fee against the Texas Attorney General and Comptroller.  [Read more →]

August 20, 2014   Comments Off

E-Cigarette Patent Litigation Continues

The saga of plaintiff Timothy Sheridan, named inventor of U.S. Patent No. 7,415,982 for a “Smokeless Pipe,” continues.  In the latest chapter, Sheridan filed a pro se complaint for patent infringement against the United States government in the Court of Federal Claims on August 4, 2014, alleging that the government somehow prevented Sheridan from enforcing the ‘982 patent.  Underlying that allegation is Sheridan’s contention that all currently marketed e-cigarettes and vaporizers infringe the ‘982 patent. [Read more →]

August 18, 2014   Comments Off

Altria Argues Against Applicability of Modified Risk Descriptor Ban to Cigars

The Food and Drug Administration’s (“FDA”) proposed deeming regulations raise concerns for cigar manufacturers with product labels that include descriptors such as “light,” “mild,” “medium” or “low.”  In 2009, the Tobacco Control Act banned these descriptors for cigarettes.  The stated rationale for the ban was the assertion that many consumers believed that descriptors such as “light” or “mild” meant that certain cigarettes were less harmful than other cigarettes. [Read more →]

August 14, 2014   Comments Off

Congressional Letter Condemns E-Cigarette Marketing and Calls for Regulations

On August 4, 2014, thirteen Members of Congress signed a letter calling on the Food and Drug Administration (“FDA”) to expand the regulations on e-cigarettes to include more stringent rules regarding alleged youth exposure to the products.  The signatories state: “While FDA’s proposed rule sets the stage for future regulations, strong regulatory actions on marketing to children, e-cigarette flavors, and online sales cannot wait. FDA has an existing mechanism to protect children now—without waiting years to implement new regulations to accomplish these goals.” [Read more →]

August 12, 2014   Comments Off

Twenty-Nine State Attorneys General Call for Tougher Regulations of Electronic Cigarettes

On August 8, 2014, a group of Attorneys General from 29 states submitted comments in response to the Food and Drug Administration’s (“FDA”) Notice of Proposed Rule deeming certain tobacco products subject to the Food, Drug, and Cosmetic Act.  In their letter, the group of Attorneys General stated that “[w]hile the Proposed Rule addresses some of our concerns, it fails to address matters of particular concern, such as characterizing flavors, the marketing of e-cigarettes, and the sale of tobacco products over the Internet.”  As a result, the group of Attorneys General advocates, among other things, that the FDA should do the following: [Read more →]

August 12, 2014   Comments Off

Save the Date – Upcoming TMA Centennial Annual Conference

Mark your calendars! In May 2015, the Tobacco Merchants Association will celebrate 100 years of working with the tobacco industry, providing “expertise and networking for success.” This is one conference you won’t want to miss! [Read more →]

August 6, 2014   Comments Off

Tobacco Practice Partner Quoted in E-Cigarette News Report

Troutman Sanders tobacco team partner Bryan Haynes was quoted in a July 22nd New York television station WETM18 report titled “Sen. Schumer and FDA on E-Cigarettes.” The report deals with Senator Schumer’s call for child proof caps and warning labels for e-cigarettes, as well other proposals to regulate these products. [Read more →]

August 6, 2014   Comments Off

Takeaways from the 82nd Annual International Premium Cigar and Pipe Retailers Association Trade Show

Earlier this week, the Troutman Sanders tobacco team attended the 82nd International Premium Cigar and Pipe Retailers Association trade show (“IPCPR”) in Las Vegas, Nevada. We were fortunate that Smokeshop Magazine generously agreed to share their booth with us – thanks again!  We enjoyed visiting with all of our clients and friends at the show.

In light of the newly-released draft regulations for cigars, pipe tobacco and other tobacco products, many manufacturers are taking steps and planning for the future. All companies should take the time to consider the potential impact of the proposed FDA regulations on their businesses.  We encourage you to contact us with your questions – in addition to collectively having decades of experience in the industry, we have been advising clients specifically regarding FDA tobacco requirements since before the enactment of the Tobacco Control Act in 2009.

We hope it was a productive trade show for all involved. We are looking forward to seeing you all at next year’s show in New Orleans.

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

July 24, 2014   Comments Off

Troutman Sanders Tobacco Practice to Attend IPCPR Annual Convention & International Trade Show

Members of the Troutman Sanders tobacco practice will attend the 82nd International Premium Cigar and Pipe Retailers Association Annual Convention & International Trade Show from July 19-23 in Las Vegas, Nevada. We will be at the Smokeshop Magazine booth, and look forward to seeing those of you attending the show there.

If you are unable to attend, we will post a takeaway blog entry following the convention on our Tobacco Law Blog.

Click here for more information on IPCPR.

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

July 8, 2014   Comments Off