In today’s technology-focused age, commercial websites are ever more sophisticated and interactive, allowing customers to do far more than view and purchase a company’s products. More and more businesses use social media outlets such as Facebook and Twitter to reach consumers and build brand loyalty. Many companies also now host blogs in order to better connect with their customers. It is also becoming common for businesses to subsidize the operation of their website by including advertisements for non-competing companies selling related products, and in many cases these advertisements are personalized to the website visitor.
Troutman Pepper Locke Tobacco Practice
Manufacturers and Retailers Challenge Haverstraw, New York’s Ordinance Banning Displays of Tobacco Products and Pricing Information in Retail Outlets
Posted in Significant Cases, State Regulatory
On June 26, 2012, the New York Association of Convenience Stores and major tobacco manufacturers, including Phillip Morris, R.J. Reynolds and Lorillard, filed suit against the Village of Haverstraw, New York in federal district court regarding the Village’s recent ordinance banning the display of tobacco products and pricing information in retail outlets.
Ruyan Patent Litigation as Reason to Consider Patent Protection
Posted in Significant Cases
The concept of electronic cigarettes is not new. Likewise, the idea of obtaining a patent on e-cigarettes is not new – Herbert A. Gilbert obtained a patent on an electronic cigarette in 1963. But the popularity of e-cigarettes has grown significantly over the past decade, as has the importance of obtaining patent protection for a business’s intellectual property.
Dispute Regarding New York Tribal Sales Heats Up
Posted in Significant Cases, State Regulatory
The State of New York is appealing a court order requiring it to return native-made cigarettes seized by the State. In the meantime, the State has declined to return the cigarettes that are the subject of the order.
Court Dismisses Lawsuit Challenging D.C. Cigar Wrapper Ban
Posted in Significant Cases
Last year, we reported that National Tobacco Company (“NTC”), the nation’s fourth-largest producer of roll-your-own tobacco products, had filed a lawsuit against the District of Columbia challenging the constitutionality of the city’s ban on cigar wrappers. In the lawsuit, NTC sought a preliminary injunction to stop enforcement of the law.
TTB Finalizes Regulations on Pipe Tobacco and Processed Tobacco, But Punts on RYO/Pipe Distinction
Posted in Legislation
On June 21, 2012, the Alcohol and Tobacco Tax and Trade Bureau (TTB) of the U.S. Treasury Department issued final regulations, effective immediately, governing permit and related requirements for manufacturers and importers of processed tobacco. TTB also issued new regulations relating to the definition of roll-your-own tobacco. However, TTB deferred issuing regulations on perhaps the most controversial issue — the distinction between pipe tobacco and roll-your-own cigarette tobacco for federal excise tax purposes.
Troutman Sanders Practice Publishes article in May/June Issue of Tobacco Retailer Magazine
Posted in Articles and Publications
An article by the Troutman Sanders Tobacco practice appears in the May/June issue of Tobacco Retailer Magazine.
Bill Exempting Cigars From FDA’s Reach Gains Opposition
Posted in FDA, Legislation
Last year, we reported on a bill that would exempt from FDA’s reach so-called “traditional” cigars — cigars wrapped in leaf tobacco, containing no filter and weighing at least six pounds per 1,000 count.
New York Legislature Considers E-Cigarette Ban
Posted in FDA, Legislation
Pending before the New York legislature is a bill that would impose an outright ban on electronic cigarettes. Opponents of the bill note that FDA is on the verge of regulating e-cigarettes, and that a ban on the products is therefore unwarranted.
FDA Issues Guidance for Meetings
Posted in FDA
On May 24, FDA issued guidance for industry and investigators, Meetings with Industry and Investigators on the Research and Development of Tobacco Products, which aims to assist tobacco manufacturers, importers, researchers and investigators who would like to meet with the staff of FDA’s Center for Tobacco Products (“CTP”) to discuss their research and development plans related to tobacco products.