Another challenge from the cigar industry has been filed against the FDA’s Deeming Regulations. Among the plaintiffs are a premium cigar retailer/lounge, a premium cigar manufacturer, and a non-profit association comprised of premium cigar manufacturers and retailers. The case is En Fuego Tobacco Shop LLC, et al. v. U.S. Food & Drug Administration, et al., No. 4:18-cv-00028 (E.D. Tex.). Continue Reading Deeming Regulations Litigation Update–New Challenge Filed on Behalf of Premium Cigar Plaintiffs

A series of challenges to the Deeming Regulations has recently been filed by several vapor-product manufacturers, retailers, and a non-profit supporting the industry. These are constitutional challenges, advanced with representation from the Pacific Legal Foundation (“PLF”). The cases are Rave Salon, Inc. v. Gottlieb, et al., No. 3:18-cv-237 (N.D. Tex.); Hoban, et al. v. Food & Drug Administration, et al., No. 0:18-cv-269 (D. Minn.); Moose Jooce, et al. v. Food & Drug Administration, et al., No. 1:18-cv-203 (D.D.C.). Continue Reading Deeming Regulations Litigation Update–New Challenges Filed on Behalf of Vapor Plaintiffs

While the major tobacco companies pursue modified risk tobacco applications with the Food and Drug Administration, a number of bills are pending in state legislatures that would lower or eliminate tobacco product excise taxes for products that receive an FDA modified risk order. Continue Reading Major Tobacco Companies Pursue Legislation to Lower Taxes for Modified Risk Tobacco Products

A case currently pending before the U.S. Court of Appeals for the D.C. Circuit challenges the applicability of the federal Contraband Cigarette Trafficking Act (“CCTA”) to tribal entities.  The case is Ho-Chunk, Inc. v. Sessions. Continue Reading Federal Appellate Court to Consider Applicability of CCTA to Indian Tribes

Pending before the Mississippi Legislature is House Bill 906, which, if enacted, would increase the “tobacco equity tax” applicable to cigarettes manufactured by non-signatories to the State’s 1997 tobacco settlement agreement in Moore ex rel. State v. American Tobacco Co., et al., No. 94-1429 (Miss. Ch. Ct. Jackson Cnty.) (the “tobacco settlement agreement”). On January 11, 2018, the bill was referred to the House Ways and Means Committee, which is chaired by the bill’s principal author, Representative Jeffrey C. Smith (R-Dist. 39). Continue Reading Increase Proposed for Mississippi’s “Tobacco Equity Tax”

Coming under scrutiny in the 2017-18 session of the New York State Legislature, electronic cigarettes and other vapor products have been the subject of various proposed bills. Pending legislation could affect excise taxation, discounts, and warning labels. Some bills would even prohibit certain types of vapor products. Continue Reading E-Cigarette Bills Pending in New York State Legislature

A bill was introduced in the New Hampshire legislature on January 3, 2018 regarding the regulation of e-liquids. The bill, NH18-H.1812, specifically addresses labeling requirements for e-liquid products. Distributors and manufacturers of e-liquid products to be sold in New Hampshire would be required to add a product label which includes a list of ingredients in the product in accordance with the FDA’s food guidelines. Also, e-liquids could not contain diacetyl, acetyl propionyl, or acetoin or “any substance known to be hazardous when inhaled in accordance with federal Food and Drug Administration guidelines.” If passed, this bill would be in effect as of January 1, 2019.

In a nearly 250-page Memorandum Opinion and Order, the Honorable James O. Browning of the U.S. District Court for the District of New Mexico has granted in part and denied in part a Motion to Dismiss filed by Defendants Santa Fe Natural Tobacco Co., Reynolds American, Inc., and R.J. Reynolds Tobacco Co. The case is In re Santa Fe Natural Tobacco Co. Marketing & Sales Practices Litigation, No. 1:16-md-02695 (D.N.M.).

By way of background, this multidistrict litigation involves class actions filed by Plaintiffs across various states and under those various states’ respective laws, all directed toward the use of certain descriptors in Natural American Spirit (“NAS”) cigarettes’ packaging, labeling, and advertising. Continue Reading In Case over Cigarette’s “Natural,” “Organic,” and “Additive-Free” Descriptors, Some Claims Dismissed but Most Will Proceed

Little has transpired on two bills that would expand and increase the excise tax on tobacco products. Pending in Congress are S. 1837, introduced by Senator Richard J. Durbin (D-Ill.), and H.R. 729, introduced by Congresswoman Brenda L. Lawrence (D.-Mich.). Continue Reading Bills that Would Expand and Increase the Tobacco Excise Tax Pending in Congress