In early July, we reported that the four leading tobacco companies were threatening legal action against the Food and Drug Administration (FDA) over the nine new graphic cigarette health warnings that must appear on each cigarette package beginning in September 2012.
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What is an Unacceptable Tobacco Brand Name Sponsorship Under FDA’s Regulations?
Posted in FDA
Effective June 2010, FDA issued advertising and marketing restrictions under the Tobacco Control Act. Among those requirements is a provision prohibiting tobacco manufacturers, distributors and retailers from “sponsoring” any “athletic, musical, artistic, or other social or cultural event, or any entry or team in any event” in the brand name, logo or selling message of any cigarette or smokeless tobacco brand.”
Illinois Law Mandates Medical Insurers to Cover Smoking-Cessation Programs
Posted in Legislation
Illinois Governor Pat Quinn recently signed a new law requiring insurance companies to offer coverage for services meant to help smokers to kick the habit.
FDA Offers Two New Opportunities for Public Comment
Posted in FDA
The Food and Drug Administration (FDA) has recently opened a new docket for public comment on Harmful and Potentially Harmful Constituents (HPHCs) in Tobacco Products and Tobacco Smoke.
TTB Reopens Comment Period for Distinguishing Between Pipe Tobacco and RYO
Posted in Legislation
On August 24, 2011, the Alcohol Tobacco Tax and Trade Bureau (“TTB”) reopened the comment period for proposed regulations that would draw additional distinctions between pipe tobacco and roll-your-own cigarette tobacco.
“I Want My MTV” … and E-Cigarettes as a Communications Device?
Posted in Intellectual Property
The celebrity gift bags distributed at the 2011 MTV Video Music Awards, which took place on Friday, August 26, contained electronic cigarettes (“e-cigarettes”) manufactured by blu Cigs brand.
Lawsuit Challenges Constitutionality of PACT Act
Posted in Significant Cases
In August of last year, Musser’s Inc. t/d/b/a Genuine Tobacco Co. (“Genuine Tobacco”) filed a lawsuit in the Eastern District of Pennsylvania challenging the constitutionality of certain provisions of the Prevent all Cigarette Trafficking Act (the “PACT Act”). Genuine Tobacco operates two “brick and mortar stores” in Pennsylvania, as well as an online retail store that sells tobacco products through the Internet and telephone to consumers throughout the country.
General Tobacco Seeks Supreme Court Review
Posted in Significant Cases
Earlier this month, General Tobacco requested that the United States Supreme Court review a decision from the Arkansas Supreme Court that General Tobacco must pay Arkansas $2.45 million under the Master Settlement Agreement. The State’s response to General Tobacco’s request for review is due early next month.
Local Governments Consider Including E-Cigarettes in Public Smoking Bans
Posted in State Regulatory
A unit of local government in West Virginia, the Wheeling-Ohio County Health Board, is currently holding hearings on whether to ban the use of electronic cigarettes (“e-cigarettes”) in certain areas. The proposed Wheeling-Ohio County Clean Air Regulation would change the definition of “smoking” to “include[] the use of an e‐cigarette which creates a vapor, in any manner or in any form, or the use of any oral smoking device.”
FDA to Begin Inspecting Tobacco Product Manufacturers in October
Posted in FDA
In a letter to the industry dated August 16, 2011, the FDA announced that it will begin inspecting every factory engaged in the manufacture or processing of cigarettes, cigarette tobacco, roll-your-own tobacco and smokeless tobacco. The inspections will begin in October 2011, and pursuant to the Tobacco Control Act, inspections will be conducted at least once every two years.