Bryan Haynes of Troutman Pepper’s Tobacco Team was quoted in a recent article by Emily Field of Law360 discussing FDA’s recently-announced proposal that would limit nicotine levels in combusted tobacco products.

Haynes noted that this proposal, along with FDA’s other recent proposals to ban menthol in cigarettes and flavors in cigars can be summed up in one word – Prohibitionist.  Haynes noted that the proposed rule could be subject to challenge, including based on whether the rule would promote contraband trade, whether the rule is appropriate for the protection of public health and whether the costs outweigh the benefits.