Troutman Sanders tobacco team partner Bryan Haynes was quoted in a January 1st Law360 article titled “Product Liability Regulation to Watch In 2014.”
Among the list of up-and-coming regulations for 2014 is one that had been previously expected in 2013 – that of e-cigarettes, cigars, and pipe tobacco by the FDA. The agency is at last ready to release the rules, which now need the approval of the U.S. Office of Management and Budget but could be revealed as early as January.
These regulations are set to be especially troublesome for e-cigarette manufacturers. Due to the lack of federal action in 2013, some local governments took it upon themselves to regulate the products, imposing rules that included restrictions on the age of purchase and locations where the products can be used. Once in force, the FDA’s regulations are expected to be similar to those currently imposed by the agency on cigarette manufacturers and importers, and may require companies to register with the FDA, as well as requiring manufacturers to conform to testing regulations, and that new products must obtain FDA approval before sales can occur.
Regardless of the direction from the FDA, Haynes believes that state governments will continue regulation e-cigarettes independently. “There may be some states taking a wait-and-see approach, to see what the FDA does,” Haynes said.
To read the full article, click here.