The Boston Public Health Commission has approved proposed rules that would restrict the sale and use of e-cigarettes.
Troutman Pepper Locke Tobacco Practice
FDA Issues Draft Guidance on Submission of Warning Plans for Cigarettes and Smokeless Tobacco Products
Posted in FDA
Last month, FDA issued draft guidance addressing the submission of warning plans for cigarettes and smokeless tobacco products. As we previously reported, beginning on September 22, 2012, all cigarette packages and advertisements must bear one of the nine new federally mandated textual warnings with an accompanying color graphic (subject to certain manufacturers’ constitutional challenge to this requirement).
Department of Transportation Rule Would Prohibit Use of E-Cigarettes on Airlines
Posted in Legislation
The U.S. Department of Transportation has issued a proposed rule to amend its existing airline smoking rule to explicitly ban the use of electronic cigarettes (“e-cigarettes”) on all aircraft in scheduled passenger interstate, intrastate and foreign air transportation.
FDA Inspections and Product Liability Audits
Posted in FDA
In August, we reported that the FDA will begin in October inspecting the facilities of all U.S.-based tobacco product manufacturers subject to the FDA’s authority.
Trial Court Denies PACT Act Challenge
Posted in Significant Cases
In August, we reported on a different lawsuit, brought by Genuine Tobacco, challenging the constitutionality of the PACT Act. Unlike the New York lawsuit brought by merchants on the Seneca Nation of Indians, in which the trial court enjoined the PACT Act provision requiring out-of-state sellers to collect taxes for remote sales, the Pennsylvania-based federal court denied all of Genuine Tobacco’s challenges to the Act. The court issued its decision on September 26, 2011.
Court of Appeals Maintains Injunction Against PACT Act
Posted in Significant Cases
On September 20, 2011, the U.S. Court of Appeals for the Second Circuit affirmed a New York federal court’s order enjoining portions of the Prevent All Cigarette Trafficking Act.
E-Cigarettes Go Mainstream
Posted in Articles and Publications
In the August issue of Smokeshop Magazine, the Troutman Sanders Tobacco Team published an article discussing the path of e-cigarettes to market success and the regulatory challenges currently facing the industry and those challenges likely to be encountered by the industry as the product gains more ground in the marketplace and attracts the attention of competitors and state and federal regulators.
FDA Issues Advance Notice of Proposed Rulemaking Regarding Non-Face-to-Face Sale of Tobacco Products
Posted in FDA
Earlier this month, FDA issued advance notice of proposed rulemaking (ANPRM) to obtain information related to the regulation of non-face-to-face sale and distribution of tobacco products and the advertising, promotion, and marketing of tobacco products.
Lawsuit Challenging D.C.’s Cigar Wrappers Ban Lives to See Another Day
Posted in Significant Cases
In June, we reported that National Tobacco Company (“NTC”), the nation’s fourth largest producer of roll-your-own tobacco products, including the popular Zig-Zag brand, had filed a lawsuit against the District of Columbia challenging the constitutionality of the city’s statutory ban on cigar wrappers.
FDA Issues Draft Guidance on Demonstrating Substantial Equivalence
Posted in FDA
Earlier this month, FDA issued draft guidance addressing substantial equivalence of new tobacco products. In doing so, FDA provided tobacco manufacturers with much needed guidance on FDA’s “current thinking” on this subject. Comments on the draft guidance are due by November 8, 2011.