Bryan Haynes of the Troutman Sanders Tobacco practice was recently quoted in a Law 360 article regarding FDA’s expected regulation of additional tobacco products in 2013.
The article discusses product regulation to watch in 2013, and specifically FDA’s expected regulations. The article notes that FDA is expected to regulate additional tobacco products, including possibly cigars, in 2013. At the same time, Congress will be considering a bill that would strip FDA of authority to regulate premium cigars.
Haynes notes that “FDA regulation could present a challenge for those industries, given that the Tobacco Control Act’s original provisions were really geared toward cigarettes.” He also notes that application of the Tobacco Control Act’s requirements for so-called “new tobacco products” could have a profound impact on other tobacco products, such as cigars, pipe tobacco and electronic cigaretes. “My question would be, if I introduced a new product since 2007, whether I’d have to get an order from the FDA allowing me to continue marketing the product,” Haynes said.