Although the PACT Act imposes a functional ban on online sales of cigarettes, roll-your-own tobacco and smokeless tobacco, the PACT Act’s remote sales restrictions are inapplicable to e-cigarettes. The Internet is perhaps the most popular venue for consumers to purchase e-cigarettes.
Troutman Pepper Locke Tobacco Practice
Orange Bowl Scraps Cigar Sponsorship
Posted in Legislation
Apparently bowing to political pressure from public health groups and three U.S. Senators, officials for the Orange Bowl announced yesterday that they have abandoned plans to have Camacho Cigars promote its products at game-day events over a three-year period.
Boston Public Health Commission Approves E-Cigarette Restrictions
Posted in State Regulatory
Following a period of public comment, earlier this month the Boston Public Health Commission approved rules that immediately treat electronic cigarettes as tobacco products.
New York City Ordinance Banning Sale of Flavored Smokeless Tobacco Upheld
Posted in Legislation, Significant Cases
Last month, a New York federal district judge upheld a New York City local ordinance that prohibits the sale of flavored smokeless tobacco anywhere in the city other than at existing “tobacco bars.”
Washington Bill Would Ban Flavored Tobacco
Posted in Legislation, State Regulatory
Potentially expanding the Tobacco Control Act’s prohibition on flavored cigarettes, and perhaps signaling the beginning of a nationwide trend, the Washington Senate has introduced a bill that would ban any type of flavored tobacco products.
Federal Judge Enjoins Tax Provisions of the PACT Act
Posted in Significant Cases
On December 5, 2011, the U.S. District Court for the District of Columbia issued a preliminary injunction blocking enforcement of the Prevent All Cigarette Trafficking Act’s (“PACT Act”) provisions which prohibit remote sales of cigarettes and smokeless tobacco unless the applicable state and local taxes are paid in advance.
Food and Drug Administration Solicits Comments on Brand Name Restriction
Posted in FDA
On November 10, FDA solicited comments on proposed amended regulations addressing the use of tobacco brand names that are also nontobacco brand names.
Troutman Sanders Tobacco Practice to Attend Food and Drug Law Institute Conference
Posted in Conferences and Events
The Troutman Sanders Tobacco practice will attend the Food and Drug Law Institute’s Tobacco Regulation and Litigation Conference in Washington, DC on December 5, 2011.
Supreme Court Will Not Review Ruling in Arkansas MSA Dispute
Posted in Significant Cases
Last week, the U.S. Supreme Court declined a request by Vibo Corporation, Inc. d/b/a General Tobacco (“General Tobacco”) to review the Supreme Court of Arkansas’ decision upholding a lower’s court’s order that, among other things, directed General Tobacco to pay almost $300 million to satisfy an MSA backpayment obligation and refused to stay the proceedings pending arbitration ( the “Backpayment Decision”).
New York Federal Court Upholds Government’s Imposition of Tobacco Buy-Out Assessments Against Native American Importer
Posted in Legislation, State Regulatory
Last month, a New York federal court upheld the Department of Agriculture’s (“USDA”) computation of delinquent tobacco buy-out assessments against Native Wholesale Supply (“NWS”) under the Fair and Equitable Tobacco Reform Act of 2004 (“FERTA”).