Troutman Sanders tobacco team partner Bryan Haynes was quoted in a January 2^nd Law360 article titled “Product Liability Legislation and Regulation to Watch In 2015.”

Among other topics, this article discusses the deeming FDA regulations regarding e-cigarettes and other tobacco products. These regulations are still awaiting their final form, which is anticipated to be revealed sometime during 2015.  However, the changes between the pending regulations and their finalized version are still anyone’s guess.  The rules have received over 130,000 comments so far, and there has been a fervent response from the industry regarding some of the proposed regulations.

Especially of concern to the industry is the premarket review requirement planned for vapor products – a requirement that mimics the one currently existing for cigarettes. The industry argues that this favors “traditional” manufacturers who are more easily able to prove that their product is “substantially equivalent” to one already on the market prior to February 2007 – a requirement many newer companies in the fledgling industry will not be able to meet.

“The final rules will be very impactful on the market” said Haynes, “I expect to see some changes from the proposal, but it’s anyone’s guess what they will be.”

To read the full article, click here.

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