In August, the U.S. Food and Drug Administration (FDA) issued a new proposed rule that would require importers of electronic nicotine delivery system (ENDS) products to provide an FDA-issued submission tracking number (STN) to U.S. Customs and Border Protection (CBP) for imports of such products. This rule could result in the denial of entry for ENDS imports for which the manufacturer has not submitted a premarket tobacco product application (PMTA) to FDA.Continue Reading FDA Proposes Submission Tracking Number Requirement for ENDS Imports
Agustin Rodriguez to Speak at the Third Annual New Approaches Summit
Agustin Rodriguez is attending the Third Annual New Approaches Summit on September 23 during UN week in New York City, which will focus on how policy, innovation, and technological advancements can collectively prevent 1 billion tobacco-related deaths this century.
Agustin will be participating on a panel discussion titled “Chevron, Triton, Registry Bills – An Evolving
Tobacco Team to Attend the Tobacco Science Research Conference
Agustin Rodriguez and Bryan Haynes will be attending the upcoming Tobacco Science Research Conference in Atlanta, GA, from September 8 to 11.
This year’s conference is focused on “Tobacco Harm Reduction: What Have We Learned and How Do We Move Forward?”
Agustin will be participating in a panel discussion on Monday, September 9, titled “Weight
New Jersey Issues Notice of Violations and Fines to Retailers Allegedly in Violation of the State’s Flavor Ban
On August 27, the New Jersey Attorney General (AG) and the Division of Consumer Affairs announced that the state had issued notices of violation and $4,500 civil penalty demands to 19 retailers across New Jersey for allegedly selling banned flavored vapor products. This is New Jersey’s first public enforcement of the state’s 2020 flavor ban, and New Jersey joins a number of other state AGs taking similar action across the U.S.Continue Reading New Jersey Issues Notice of Violations and Fines to Retailers Allegedly in Violation of the State’s Flavor Ban
Key Takeaways from the 2024 Federation of Tax Administrators (FTA) Tobacco Tax Annual Conference
We recently had the opportunity to attend, and present at, the industry portion of the 2024 Federation of Tax Administrators Tobacco Tax Annual Conference in Mobile, Alabama.
Presentations at the conference included topics of interest to state tobacco tax administrators and industry (the agenda is located here). The conference was well attended by both industry members and state and federal agencies responsible for enforcing tobacco and nicotine laws. Our team has attended this conference for several years and it always provides a great opportunity for collaboration between government and industry, and this year was no different.Continue Reading Key Takeaways from the 2024 Federation of Tax Administrators (FTA) Tobacco Tax Annual Conference
Industry Urges SCOTUS to Consider FDA Graphic Cigarette Warnings
In August, a group of tobacco companies filed a petition for certiorari at the U.S. Supreme Court, seeking review of a lower court’s holding that the First Amendment does not prohibit the U.S. Food and Drug Administration (FDA) from requiring graphic warnings on cigarette packs. As we noted in prior coverage, the March 2020 FDA rule at issue would require new textual, health warning statements alongside color, photorealistic images displayed on the top 50% of the front and rear panels of cigarette packs and the top 20% of cigarette advertisements.Continue Reading Industry Urges SCOTUS to Consider FDA Graphic Cigarette Warnings
Troutman Pepper Team to Attend the 2024 FTA Tobacco Section Annual Conference
Agustin Rodriguez and Nicholas Ramos of the Troutman Pepper Tobacco Team will be attending the 2024 Federation of Tax Administration (FTA) Tobacco Section Annual Conference. This in-person event will be held in Mobile, Alabama from August 18-21, 2024, and presents a great opportunity for government and industry members to collaborate on issues related to regulatory
ATF Rift With California Tribe Could Expand State Authority Over Tribal Tobacco Sales
In June, the Bureau of Alcohol, Tobacco and Firearms (ATF) argued in federal court that the federal Prevent All Cigarette Trafficking (PACT) Act requires tribal retailers to obtain state licenses to sell cigarettes on their own reservations. If accepted, ATF’s position would greatly expand the scope of state authority over tribal tobacco sales.Continue Reading ATF Rift With California Tribe Could Expand State Authority Over Tribal Tobacco Sales
Federal Court Rules Montana AG Preempted from De-Listing Cigarette Manufacturer
In late June, the U.S. District Court for the District of Montana held that federal law preempts the Montana Attorney General (AG) from removing the cigarette brands of Grand River Enterprises Six Nations, Ltd. (Grand River) from the state tobacco directory based on Grand River’s alleged violations of the Federal Food, Drug, and Cosmetics Act (FDCA). The FDCA preempts state law actions based solely on FDCA violations if the U.S. Food and Drug Administration (FDA) has not already found that such violations exist, the court explained.Continue Reading Federal Court Rules Montana AG Preempted from De-Listing Cigarette Manufacturer
State Licensing Considerations for Tobacco and Nicotine Product Manufacturers, Importers, Distributors, and Retailers
In this post, we take a closer look at state tobacco and nicotine product licensing considerations. When approaching state licensing issues, it may be helpful to establish a checklist to help manufacturers, importers, distributors, and retailers determine the impact of these laws on their products and distribution models. State licensing requirements can be complicated but, with a basic understanding of the key issues described below and good practices, manufacturers, importers, distributors, and retailers can ensure they remain compliant. Continue Reading State Licensing Considerations for Tobacco and Nicotine Product Manufacturers, Importers, Distributors, and Retailers