We are excited to be participating in the 2016 Food and Drug Law Institute (“FDLI”) Annual Conference. This two-day conference on May 5-6, 2016 will host experts from the federal government in addition to representatives from the private sector. Bryan Haynes will be speaking on Thursday, May 5th in a
Troutman Pepper Locke Tobacco Practice
Texas Supreme Court Upholds Tax on Non-Settling Tobacco Companies
Posted in Significant Cases, State Regulatory
On April 1, 2016, the Texas Supreme Court ruled that the state could impose a special tax on cigarette manufacturers that were not part of a multibillion-dollar settlement agreement reached with the major tobacco companies in the late 1990s.
Troutman Sanders Tobacco Team Quoted in Article on FDA Deeming Regulations
Posted in Articles and Publications, FDA
The Troutman Sanders Tobacco Team was recently quoted in a Tampa Tribune article discussing the potential impact of the FDA’s deeming regulations on the premium cigar industry in general, and one Tampa-area business (J.C. Newman Cigar Company) in particular.
Troutman Sanders Tobacco Team to Attend NATO Show
Posted in Conferences and Events
We will be attending the National Association of Tobacco Outlets’ trade show in Las Vegas on April 19-21. The show will feature a presentation by FDA Center for Tobacco Products Director Mitch Zeller. Amid speculation that the FDA’s deeming regulations could be issued imminently, Director Zeller is expected to speak…
Hawaii Seeks to Impose Excise Tax on Electronic Smoking Devices & E-liquids
Posted in State Regulatory
The Hawaii Senate has passed a bill that would tax e-liquids and “electronic smoking devices.” The bill now awaits further action in the Hawaii House of Representatives.
Vermont Introduces Bill to Impose Excise Tax on E-Cigarettes
Posted in State Regulatory
A bill introduced March 25, 2016 in the Vermont legislature proposes to impose an excise tax on e-cigarettes by redefining “other tobacco products” to include any product manufactured from, derived from, or containing tobacco that is intended for human consumption, including electronic cigarettes that have not been approved by the…
Georgia Proposes Major Changes to Tobacco Escrow Statute
Posted in State Regulatory
The Georgia House and Senate have both approved a new law that would change nonparticipating manufacturers’ (non-signatories to the 1998 tobacco Master Settlement Agreement) responsibilities for making escrow payments for cigarette sales in the state. The bill awaits the Governor’s signature.
Judge Rules that Vaping is Not Smoking
Posted in Significant Cases, State Regulatory
On February 5, 2016, a New York City Judge ruled that vaping is not the same as smoking under New York State law and that e-cigarette use is not necessarily banned in the same places as smoking.
Does FDA Solicitation Signal Imminent Plan to Regulate Cigars?
Posted in FDA
The Food and Drug Administration recently issued a solicitation for proposals for a 10 port cigar smoking machine that will simulate human cigar smoking under a variety of conditions and collect smoke residue for chemical analysis. The stated purpose of the solicitation is to increase the FDA’s capability to analyze cigar smoke products and support regulatory work for the Center for Tobacco Products. The machine must analyze smoke under a variety of testing regimes, including ISO, CORESTA, Canadian Intense and Massachusetts Intense.
Child-Resistant Packaging Laws for E-Liquids Enacted
Posted in Legislation
On January 28, 2016, President Obama signed the Child Nicotine Poisoning Prevention Act of 2015 (the Act) into law which requires liquid nicotine containers to be packaged in child-resistant packaging. The Act takes effect on July 26, 2016. Liquid nicotine containers are defined as packages containing nicotine in a solution or other form, including soluble nicotine in any concentration, and that are accessible by a consumer; but excludes sealed, pre-filled and disposable containers which are inserted into e-cigarettes, ENDS or similar products, and any product where the nicotine is not accessible by a consumer. The Act also provides effectiveness and testing standards as set forth in the federal Poison Prevention Packaging Act.