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Last year we reported that Vermont Attorney General T.J. Donovan’s office settled with several online sellers over alleged violations of the state’s delivery sales ban of electronic nicotine delivery systems (ENDS) (the Delivery Sale Ban) and that we expected Vermont’s scrutiny to continue. As predicted, Attorney General Donovan’s office recently announced two more settlements with online sellers, resulting in a total of 23 settlements with online ENDS sellers for a total of $833,750 in civil penalties dating back to December 2020.
Continue Reading Vermont Continues Its Crackdown on Online ENDS Sellers

Under Judge Grimm’s Revised Remedial Order, FDA must submit quarterly status reports regarding its review of pending PMTAs for certain popular vapor products.

On April 15, 2022, Judge Paul W. Grimm of the U.S. District Court for the District of Maryland ordered  FDA to submit status reports to the Court and to the Plaintiffs in the case every ninety days, beginning on April 29th.
Continue Reading Deeming Regulations Litigation Update—Federal Court Exercises Even More Oversight over FDA’s PMTA Review

In a 2-1 decision, a panel of the U.S. Court of Appeals for the Ninth Circuit held that the Family Smoking Prevention and Tobacco Control Act neither expressly nor impliedly preempts Los Angeles County’s ban on the sale of flavored tobacco products.

In a Vapor Voice posting on April 2, 2022, the Troutman Pepper Tobacco…

On February 15, the Senate confirmed cardiologist Robert M. Califf, M.D., to lead the U.S. Food and Drug Administration (FDA). He’s no stranger to the agency. Dr. Califf served a brief stint as FDA’s commissioner of food and drugs from February 2016 to January 2017, and before that, he was deputy commissioner for medical products and tobacco from February 2015 until February 2016. So what might his appointment mean for the tobacco industry? We have five takeaways.
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Continue Reading Dr. Califf Takes the Reins at FDA: Five Takeaways for the Tobacco Industry

Bryan Haynes, Agustin Rodriguez and Nick Ramos of the Troutman Pepper Tobacco Team will attend TMA 2022:  Policy & Practice in Leesburg, Virginia on March 28-30, 2022.  This is TMA’s first in-person conference since 2019 and comes as the tobacco and nicotine industry is at another crossroads as we confront issues ranging from menthol and…

The U.S. District Court for the Eastern District of Pennsylvania entered a permanent injunction against Philadelphia’s enforcement of an ordinance banning the sale of certain flavored tobacco products, after the U.S. Court of Appeals for the Third Circuit upheld a preliminary injunction against the same.

Litigation over a local flavor ban came to a close on March 8, 2022, with Judge Gene E.K. Pratter of the U.S. District Court for the Eastern District of Pennsylvania entering a permanent injunction:

  • prohibiting the City of Philadelphia from enforcing City Ordinance No. 180457 (the “Ordinance”); and
  • requiring the City to void and withdraw any and all regulations regarding the Ordinance.

The case is Cigar Association of America, et al. v. City of Philadelphia, et al., No. 2:20-cv-03220 (E.D. Pa.).…

Continue Reading Philadelphia Flavor Ban Case Results in Permanent Injunction Against the City

In August 2021, Swisher International Inc. filed a lawsuit against the Food and Drug Administration (FDA) seeking to have the FDA’s Deeming Rule declared invalid. Swisher followed its lawsuit with a petition for injunction to prevent FDA from taking enforcement action against Swisher while Swisher’s lawsuit against the FDA’s implementation of the Deeming Rule is under consideration and while the FDA processes Swisher’s pending 173 premarket applications. On February 3, 2022, the Eleventh Circuit Court of Appeals upheld a lower court’s denial of a motion for a preliminary injunction finding that Swisher was not likely to suffer “irreparable harm.”…
Continue Reading Eleventh Circuit Denies Swisher International’s Request For An Injunction of Further Enforcement by FDA

Bryan Haynes of the Troutman Pepper Tobacco Team will present at CSP’s Convenience Retailing University (CRU) on February 24 in Orlando, Florida.  CRU is a conference dedicated to category manager education.  This event gathers leading convenience store buyers and sellers to connect and build meaningful relationships while offering designated category education (including tobacco and e-vapor), …

Bryan Haynes and Agustin Rodriguez of the Troutman Pepper tobacco team will be attending the Tobacco Plus Expo in Las Vegas on January 26-28, 2022.  We look forward to seeing our clients and friends at the show.

For questions and/or comments, please contact Bryan Haynes, at 804.697.1420 – bryan.haynes@troutman.com or Agustin Rodriguez, at 804.697.1381 – …