R.J. Reynolds recently filed a federal lawsuit accusing an e-cigarette merchant of trademark infringement. R.J. Reynolds accused the company of unfair competition and dilution under the Lanham Act based on the company’s alleged use of the Camel and Winston cigarette brand names to describe the company’s e-cigarettes. R.J. Reynolds claimed that the competitor advertised “Winston” and “Camell” flavors on its website.
Troutman Pepper Locke Tobacco Practice
Troutman Sanders Tobacco Practice Publishes Article in Smokeshop Magazine
Posted in Articles and Publications
An article by the Troutman Sanders Tobacco practice appears in the October issue of Smokeshop Magazine.
Credit Card Issuers Scrutinizing Internet Sales of Cigars
Posted in Legislation, State Regulatory
Word on the street is that one or more of the major credit card issuers are scrutinizing transactions in which their cards are used for remote sales of cigars and other tobacco products.
FDA Responds to Court Ruling on Graphic Warning Labels
Posted in FDA
In an apparent response to a recent court ruling that disapproved of FDA’s requirements for graphic warning labels on cigarette packages, FDA recently announced that it will be collecting data geared toward ascertaining the effectiveness of the warning labels, particularly on smoking cessation.
New Mexico Attorney General Attempts to Redefine Cigars as Cigarettes
Posted in State Regulatory
In a recent “Notice to Cigarette Distributors Selling in New Mexico,” the New Mexico Attorney General announced that “effective immediately” all distributors must stop selling any product marked as a “small” or “little” cigar unless the product listed is in the state cigarette directory. Since no little cigars are currently listed in the Attorney General’s directory, the notice is an immediate, de facto ban on the product. The notice also purports to require that all little cigars must bear state excise stamps in the same manner as cigarettes.
Missouri Tobacco Initiative Defeated
Posted in State Regulatory
In the recent election, Missouri voters narrowly defeated (by a margin of 50.8% to 49.2%) a ballot initiative that would have raised state excise taxes on all tobacco products, would have regulated cigarette rolling machines and would have increased the amount of money that nonparticipating manufacturers are required to place into escrow accounts.
Troutman Sanders Tobacco Practice Quoted on Election Outcome
Posted in Articles and Publications, FDA
Troutman Sanders Tobacco practice partner Bryan Haynes was recently quoted in a Law360 article regarding the impact of the recent presidential election on federal regulation of consumer goods.
Cigarette Warning Label Dispute Headed to High Court?
Posted in FDA
Several tobacco product manufacturers and a retailer recently requested that the United States Supreme Court consider their challenge to FDA’s requirement for graphic warning labels on cigarette packages. The tobacco companies are requesting that the Supreme Court reverse the Sixth Circuit Court of Appeals’ decision finding that the warning label requirement does not violate the First Amendment of the United States Constitution.
Massachusetts Bill Would Ban Tobacco Products
Posted in Legislation, State Regulatory
The Massachusetts legislature is considering a bill (House Bill 1512) that would ban all tobacco products in the state.
Cigar Manufacturer Responds to Representative Waxman’s Call for Immediate FDA Regulation of Cigars
Posted in FDA
Cigar manufacturer Prime Time International has responded to U.S. Representative Henry Waxman’s request that FDA immediately regulate cigars and other tobacco products. (We previously reported on Representative Waxman’s August 27, 2012 request here.) Prime Time International’s response, a copy of which can be found here, makes a compelling case for delaying FDA regulation of cigars pending further study.