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.
FDA Takes Cigarette Graphic Health Warnings Fight to Eleventh Circuit
On October 27, FDA appealed a decision of the U.S. District Court for the Southern District of Georgia that vacated the agency’s 2020 rule requiring graphic health warnings on cigarette packaging and advertisements. This appeal to the U.S. Court of Appeals to the Eleventh Circuit, along with a separate challenge pending before the Fifth Circuit, may determine whether FDA’s second attempt to impose graphic health warnings on cigarettes will be successful.[1]
28 State AGs Defend State ENDS Directory Laws in Amicus Brief to Fourth Circuit
On September 22, a group of 28 state AGs led by Iowa filed an amicus brief in Vapor Technology Association v. Wooten in support of North Carolina’s state directory law that prohibits the sale of electronic nicotine delivery system (ENDS) products or e-cigarettes that lack Food and Drug Administration (FDA) marketing authorization. According to the brief, 15 states have already enacted laws similar to North Carolina’s ENDS directory law, and another 25 states are considering such legislation.
FDLI Tobacco and Nicotine Law and Regulation Course
Michael Jordan joined the “Product Compliance” panel at the Food & Drug Law Institute’s (FDLI) Introduction to Tobacco and Nicotine Law and Regulation course on October 8. The panel covered topics such as labeling and warning requirements, product registration and ingredient submission, user fees and tobacco taxation, marketing and advertising
Drawback Claims Are Increasingly a Boon for Cigarette Importers
Importers of smoking tobacco products, particularly cigarettes, are increasingly saving millions in federal excise taxes by employing a refund mechanism known as the “drawback.”
High Court E-Cig Ruling Opens Door For FDA Challenges
This article was originally published on August 29, 2025 on Law360 and is republished here with permission.
On June 20, in U.S. Food and Drug Administration v. R.J. Reynolds Vapor Co., the U.S. Supreme Court concluded that marketing denial orders issued by the FDA regarding new tobacco products can be challenged not only by the applicants — typically, the manufacturer or importer of the products — but also by retailers of such products.[1]
Are State ENDS Directories Preempted? Federal Courts Are Split
Over the past two years, at least 14 states have enacted laws requiring manufacturers of electronic nicotine delivery systems (ENDS) to certify the status of their federal premarket tobacco product applications (PMTAs) in order to be sold in the state. This year, several of these laws have been challenged, and a clear split is beginning to emerge among state courts regarding whether the state laws are enforceable.
Supreme Court Says Affected Retailers May Challenge ENDS Manufacturer’s Marketing Denial Orders
On June 20, the Supreme Court concluded that marketing denial orders (MDOs) issued by the Food and Drug Administration (FDA) can be challenged not only by the applicants (typically, the manufacturer or importer of the products), but also by retailers who would sell such products. As a result, more challenges to MDOs are likely to be brought before the U.S. Court of Appeals for the Fifth Circuit, where litigants have generally had greater success to date in challenging MDOs relative to other appellate courts.
New Mississippi Cigarette and ENDS Directory Laws Take Effect in July
Effective July 1, Mississippi will require all cigarette and ENDS manufacturers to provide annual certifications and have their products listed on a state directory in order for their products to be sold in the state. The law, enacted through HB 916, creates separate directories for cigarettes, including roll-your-own (RYO) tobacco, and Electronic Nicotine Delivery Systems (ENDS) products, such as e-cigarettes and vapes.
Troutman Pepper Locke Tobacco + Nicotine Team to Attend the Next Generation Nicotine Delivery Conference
Bryan Haynes, Agustin Rodriguez and Michael Jordan of the Troutman Pepper Locke Tobacco + Nicotine team will attend the Next Generation Nicotine Delivery Conference in Miami, Florida next week.
This conference will address ongoing changes at the Food and Drug Administration Center for Tobacco Products, legal updates, tax issues, product