Troutman Pepper Locke Tobacco Practice

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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.

Bryan Haynes of the Troutman Pepper Tobacco + Nicotine Team will attend the InterTabac trade show in Dortmund, Germany on September 20-21. 

InterTabac is known as the world’s largest trade fair for tobacco products and smoking accessories, with hundreds of exhibitors from more than fifty countries around the world.  InterTabac…

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…

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…

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.

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.

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…

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.

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.