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Category — Tobacco Products

Tobacco Practice Partner Quoted in Vapor Voice Magazine

Troutman Sanders tobacco team partner Bryan Haynes was interviewed for a June 21 Vapor Voice Magazine article titled “Dark Vapor.” The article deals with the huge propensity for black-market growth in the vapor industry as the FDA’s deeming regulations force many companies to cease their innovative efforts – or even shut their doors. [Read more →]

June 23, 2016   Comments Off on Tobacco Practice Partner Quoted in Vapor Voice Magazine

Deeming Regulations: Effects of Different Definitions of Tobacco Products

The U.S. Food and Drug Administration (“FDA”) draws its authority from the Food Drug & Cosmetic Act (“FD&C Act”), whereas the Alcohol Tobacco Tax and Trade Bureau (“TTB”) is authorized under the Internal Revenue Code (“IRC”).  Each of these laws has different definitions of “tobacco products” for different purposes.  FDA’s Deeming Rule has no effect on TTB’s jurisdiction over tobacco products, and vice versa.  While the FDA has deemed certain products to be “tobacco products” under the FD&C Act, some deemed products do not meet the definition of “tobacco products” under the IRC.  [Read more →]

June 17, 2016   Comments Off on Deeming Regulations: Effects of Different Definitions of Tobacco Products

Lawsuit Against DOT Ban on Vapor Products in Airplanes

The U.S. Department of Transportation (“DOT”) promulgated a regulation in May 2016 prohibiting passengers from packing e-cigarettes in stowed luggage or using them on airline flights.  As a result, two non-profit organizations, the Competitive Enterprise Institute (“CEI”) and the Consumer Advocates for Smoke-free Alternatives Association (“CASAA”) filed a lawsuit against DOT alleging that DOT exceeded its authority when it promulgated the regulation.  [Read more →]

June 17, 2016   Comments Off on Lawsuit Against DOT Ban on Vapor Products in Airplanes

Troutman Sanders Tobacco Practice Partner to Speak at Vapor Expo 2016

Bryan Haynes, Troutman Sanders tobacco practice partner, will be attending the Vapor Expo International June 15-16 in Rosemont, Illinois. Bryan will be speaking the morning of June 15, giving an overview of the current e-cigarette regulatory environment in light of the recently-released deeming regulations. This session will also deal with state regulatory initiatives in addition to the new federal requirements. [Read more →]

June 13, 2016   Comments Off on Troutman Sanders Tobacco Practice Partner to Speak at Vapor Expo 2016

Deeming Regulations: Important Deadlines in 2016

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. [Read more →]

June 13, 2016   Comments Off on Deeming Regulations: Important Deadlines in 2016

Altria Files Suit Against FDA regarding “Black & Mild” Brand Name

On May 26, 2016, Altria Group, Inc. filed suit against the Food & Drug Administration (FDA) in a bid to keep using the Black & Mild brand name for its popular cigars. [Read more →]

May 31, 2016   Comments Off on Altria Files Suit Against FDA regarding “Black & Mild” Brand Name

Tobacco Practice Partner Quoted in Cuban Cigars Article

Troutman Sanders tobacco team partner Bryan Haynes was interviewed for a May 22nd Tampa Bay Times article titled “U.S. fans of Cuban cigars still have long wait before they can be sold here.” The report describes trials and tribulations facing Cuban manufacturers of premium cigars in light of the new deeming regulations published by the FDA on May 10, 2016. [Read more →]

May 24, 2016   Comments Off on Tobacco Practice Partner Quoted in Cuban Cigars Article

Deeming Regulations — Initial Impressions — Warnings

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.”

[Read more →]

May 11, 2016   Comments Off on Deeming Regulations — Initial Impressions — Warnings

Bryan Haynes to Moderate Panel at 2015 FDA Regulation of Tobacco Products Conference

We are pleased to announce that Bryan Haynes, Partner at Troutman Sanders LLP, will moderate a panel entitled, “E-cigarettes post deeming—an outlook for ENDS products,” on Wednesday, October 21, 2015 from 12:10-12:40 p.m., at the 2015 FDA Regulation of Tobacco Products conference put on by The Food and Drug Law Institute.  The panelists will discuss the potential impact of the finalized deeming regulations on the spectrum of products on the market, and the public health. [Read more →]

October 14, 2015   Comments Off on Bryan Haynes to Moderate Panel at 2015 FDA Regulation of Tobacco Products Conference

Troutman Sanders Tobacco Practice Publishes Article on Pennsylvania’s Ongoing MSA Payment Battle in Smokeshop Magazine

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.

[Read more →]

January 23, 2015   Comments Off on Troutman Sanders Tobacco Practice Publishes Article on Pennsylvania’s Ongoing MSA Payment Battle in Smokeshop Magazine