Another challenge from the cigar industry has been filed against the FDA’s Deeming Regulations. Among the plaintiffs are a premium cigar retailer/lounge, a premium cigar manufacturer, and a non-profit association comprised of premium cigar manufacturers and retailers. The case is En Fuego Tobacco Shop LLC, et al. v. U.S. Food & Drug Administration, et al., No. 4:18-cv-00028 (E.D. Tex.).
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Deeming Regulations Litigation Update–New Challenges Filed on Behalf of Vapor Plaintiffs
Posted in FDA, Significant Cases
A series of challenges to the Deeming Regulations has recently been filed by several vapor-product manufacturers, retailers, and a non-profit supporting the industry. These are constitutional challenges, advanced with representation from the Pacific Legal Foundation (“PLF”). The cases are Rave Salon, Inc. v. Gottlieb, et al., No. 3:18-cv-237 (N.D. Tex.); Hoban, et al. v. Food & Drug Administration, et al., No. 0:18-cv-269 (D. Minn.); Moose Jooce, et al. v. Food & Drug Administration, et al., No. 1:18-cv-203 (D.D.C.).
Major Tobacco Companies Pursue Legislation to Lower Taxes for Modified Risk Tobacco Products
Posted in Legislation
While the major tobacco companies pursue modified risk tobacco applications with the Food and Drug Administration, a number of bills are pending in state legislatures that would lower or eliminate tobacco product excise taxes for products that receive an FDA modified risk order.
Federal Appellate Court to Consider Applicability of CCTA to Indian Tribes
Posted in Significant Cases
A case currently pending before the U.S. Court of Appeals for the D.C. Circuit challenges the applicability of the federal Contraband Cigarette Trafficking Act (“CCTA”) to tribal entities. The case is Ho-Chunk, Inc. v. Sessions.
Increase Proposed for Mississippi’s “Tobacco Equity Tax”
Posted in Legislation
Pending before the Mississippi Legislature is House Bill 906, which, if enacted, would increase the “tobacco equity tax” applicable to cigarettes manufactured by non-signatories to the State’s 1997 tobacco settlement agreement in Moore ex rel. State v. American Tobacco Co., et al., No. 94-1429 (Miss. Ch. Ct. Jackson Cnty.) (the “tobacco settlement agreement”). On January 11, 2018, the bill was referred to the House Ways and Means Committee, which is chaired by the bill’s principal author, Representative Jeffrey C. Smith (R-Dist. 39).
Troutman Sanders Tobacco Team to Attend TPE Show
Posted in Conferences and Events
Troutman Sanders Tobacco Team leader Bryan Haynes will be in attendance at the 2018 Tobacco Plus Expo in Las Vegas. The trade show is January 31 to February 1, and brings together many of the top brands in the tobacco and vapor products industries. We look forward to seeing our …
E-Cigarette Bills Pending in New York State Legislature
Posted in FDA, Legislation
Coming under scrutiny in the 2017-18 session of the New York State Legislature, electronic cigarettes and other vapor products have been the subject of various proposed bills. Pending legislation could affect excise taxation, discounts, and warning labels. Some bills would even prohibit certain types of vapor products.
New Hampshire Bill Would Requires Ingredient Labels and Ban Certain Ingredients for E-Liquids
Posted in FDA, Legislation
A bill was introduced in the New Hampshire legislature on January 3, 2018 regarding the regulation of e-liquids. The bill, NH18-H.1812, specifically addresses labeling requirements for e-liquid products. Distributors and manufacturers of e-liquid products to be sold in New Hampshire would be required to add a product label which…
In Case over Cigarette’s “Natural,” “Organic,” and “Additive-Free” Descriptors, Some Claims Dismissed but Most Will Proceed
Posted in Significant Cases
In a nearly 250-page Memorandum Opinion and Order, the Honorable James O. Browning of the U.S. District Court for the District of New Mexico has granted in part and denied in part a Motion to Dismiss filed by Defendants Santa Fe Natural Tobacco Co., Reynolds American, Inc., and R.J. Reynolds Tobacco Co. The case is In re Santa Fe Natural Tobacco Co. Marketing & Sales Practices Litigation, No. 1:16-md-02695 (D.N.M.).
By way of background, this multidistrict litigation involves class actions filed by Plaintiffs across various states and under those various states’ respective laws, all directed toward the use of certain descriptors in Natural American Spirit (“NAS”) cigarettes’ packaging, labeling, and advertising.
Bills that Would Expand and Increase the Tobacco Excise Tax Pending in Congress
Posted in Legislation