On June 29, 2026, the U.S. Food and Drug Administration (FDA) published a notice of proposed rulemaking (NPRM) titled “Establishment Registration and Product Listing for Tobacco Products,” which would, for the first time, require foreign tobacco product manufacturers to register their manufacturing establishments and list their products with the agency. Domestic manufacturers are already subject to these registration and listing requirements; foreign manufacturers are not. This regulation, if finalized, would close that gap.
Nicotine Pouches Taxable as “Tobacco Products” in Texas, State Supreme Court Rules
The Texas Supreme Court (the Court) recently issued an important tax decision for modern oral nicotine products, such as nicotine pouches. In Hancock v. RJR Vapor Co., LLC, the Court held in favor of Acting Comptroller Hancock, finding that RJR Vapor Co., LLC’s (RJR) VELO oral nicotine pouches are taxable as “tobacco products” under the Texas tobacco products tax, and reversed a lower court decision holding that they were not taxable “tobacco products.”
Ninth Circuit Upholds ATF’s PACT Act Authority Over Tribal Cigarette Sales
Over the last couple of years, we have written about a federal case brought by the Twenty-Nine Palms Band of Mission Indians (the Tribe) (here, here, and here) involving key issues related to the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) authority to enforce the Prevent All Cigarette Trafficking Act (PACT Act) against federally recognized Indian tribes and ATF’s interpretation of key sections of the PACT Act. The Ninth Circuit Court of Appeals recently upheld a federal district court’s decision ruling against the Tribe.
New FDA Guidance Clarifies Enforcement Discretion Policy for Certain ENDS and Nicotine Pouch Products
On May 8, the U.S. Food and Drug Administration (FDA) issued guidance that clarifies how the agency enforces premarket review requirements for certain electronic nicotine delivery system (ENDS) products and nicotine pouches with pending premarket tobacco applications (PMTAs).
State AGs Turn Up the Heat on Payment Processors Over Unauthorized E‑Cigarette Sales
On April 14, Iowa Attorney General (AG) Brenna Bird, leading a coalition of 13 state AGs, sent a pointed letter to Visa, Mastercard, American Express, and Discover. Their message was clear: payment networks are expected to help shut down the U.S. market for unauthorized e‑cigarette products.
For financial services institutions that support e-cigarette merchants — card networks, sponsor banks, acquirers, independent sales organizations (ISOs), payment service providers (PSPs), and platforms — this letter is the latest signal of increased regulatory and enforcement risk for financial services companies that provide services to sellers of unauthorized e-cigarette products.
FDA Issues Draft Guidance on Flavored ENDS PMTAs
On March 9, the U.S. Food and Drug Administration (FDA) released a draft guidance document describing the agency’s perspective on premarket tobacco product applications (PMTAs) for flavored electronic nicotine delivery systems (ENDS).
The document, titled “Flavored Electronic Nicotine Delivery Systems (ENDS) Premarket Applications – Considerations Related to Youth Risk: Draft Guidance for Industry,” available here (Draft Guidance), reflects FDA doubling down on its heightened expectations for flavored ENDS PMTAs.
Troutman Pepper Locke Tobacco + Nicotine Team to Attend Total Product Expo
Bryan Haynes and Agustin Rodriguez of Troutman Pepper Locke Tobacco + Nicotine team will attend the Total Product Expo show in Las Vegas, March 31 to April 2.
This show is a great opportunity for manufacturers, importers, distributors, retailers and other stakeholders in the nicotine and tobacco industry to connect
Cause for Optimism
Bryan Haynes and Agustin Rodriguez, partners in Troutman Pepper Locke’s Tobacco + Nicotine industry group, were quoted in the February 19, 2026 Convenience Store News article, “Cause for Optimism.”
Florida AG Sues Retailers for Alleged Violations of Nicotine Product and Consumer Protection Laws
The Florida attorney general (AG) recently initiated legal proceedings against several Florida smoke shops, alleging violations of state law related to the sale and marketing of illegal nicotine products, particularly vapor products, to minors. The action targets multiple businesses, including 27 Smoke Shop Inc., A&A Smoke Shop LLC, Alami 9 LLC, Alami 10 LLC, Epic Novelty LLC, and Fuego Smoke Shop LLC. The complaint, filed in the Fifth Judicial Circuit, accuses these retailers of selling, shipping, or failing to remove from their inventory nicotine products that are classified as illegal contraband under Florida law, with a particular focus on products marketed to children.
Three Troutman Attorneys to Serve on FDLI Committees for 2026
Troutman Pepper Locke is once again well represented on the Food and Drug Law Institute’s (FDLI) committees for 2026, underscoring the firm’s continued leadership on issues affecting FDA‑regulated industries, including tobacco and nicotine.