The US Court of Appeals for the District of Columbia today struck down the FDA graphic warning label requirement, which sets up a potential challenge before the US Supreme Court on this subject. This result is opposite to an earlier ruling from another circuit, thus providing an opening for further appeal to the US Supreme Court.
Troutman Pepper Locke Tobacco Practice
Tips for Negotiating Your Website Development Contract
Posted in Intellectual Property
Often, the most significant impression a customer has of a company comes from the company’s website. An attractive, well-organized and easy to use website is crucial in today’s “click and buy” economy. A company’s website also can represent a large investment, especially for a small manufacturer or retailer.
The process of creating a website, however, can be time-consuming and filled with unexpected hurdles.
Federal Court Allows TPSAC Challenge to Proceed
Posted in FDA, Significant Cases
Earlier this month, a federal court in the District of Columbia allowed a lawsuit, filed by Lorillard Tobacco and R.J. Reynolds and challenging the composition of FDA’s Tobacco Products Scientific Advisory Committee (TPSAC), to proceed.
Avoiding Legal Problems Created by Your Company Website (Part II: Gathering Information from Website Visitors)
Posted in Intellectual Property
Part I of this post addressed the content that appears on your company website – both content you create or that was created for you and content generated by users of your website. Today, we will look at the various technologies for collecting information from users – often without their knowledge or explicit consent – and the rules governing the use and protection of that information.
- Does your website track visitors’ activities through “cookies” or “web beacons”?
Takeaways From the IPCPR Trade Show
Posted in Conferences and Events, FDA
We enjoyed seeing many friends and meeting new ones at the IPCPR trade show in Orlando.
Massachusetts Legislature Considers E-Cigarette Excise Tax
Posted in Legislation
The Massachusetts legislature has introduced a measure that would impose tobacco excise taxes on e-cigarettes.
House bill number 4291, introduced by the Joint Committee on Health Care Financing on July 19, 2012, would impose substantial excise tax increases on other tobacco products, such as cigars, smoking tobacco and smokeless tobacco.
Lorillard Pursues FDA Citizen Petition to Obtain Approval of New Tobacco Products
Posted in FDA
Apparently frustrated with FDA’s delays in approving new tobacco products, Lorillard Tobacco Company has filed a citizen petition requesting that FDA exercise enforcement discretion to allow marketing of such products, so long as the manufacturer has submitted a report under Section 905(j) of the Tobacco Control Act at least 90 days before introducing the product.
Big Tobacco Loses Appeal in Racketeering Case
Posted in FDA, Significant Cases
A federal appellate court recently rejected the tobacco industry’s argument that restrictions imposed as part of a 2006 judgment should be set aside because Congress, in 2009, passed a law that imposed other restrictions on the industry and gave the Food & Drug Administration (“FDA”) the primary authority to regulate tobacco products.
Troutman Sanders Tobacco Practice to Attend IPCPR Convention and Trade Show
Posted in Conferences and Events
Members of the Troutman Sanders Tobacco practice will attend the International Premium Cigar and Pipe Retailers Association annual convention and trade show on August 2nd to 6th in Orlando, Florida. We look forward to seeing you there.
For questions and/or comments, please contact Bryan Haynes, at 804.697.1420 or by
FDA Notice Language Supports HPHCs Draft Guidance
Posted in FDA
The US Food and Drug Administration issued a notice in the Federal Register yesterday, July 30, 2012 which seeks comments on proposed collection of Hazardous and Potentially Hazardous Constituents (“HPHCs”) in tobacco products, noting a proposal for data collection was sent to the Office of Management and Budget.