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.
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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FDA Issues Draft Guidance on Demonstrating Substantial Equivalence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Earlier this month, FDA issued draft guidance addressing substantial equivalence of new tobacco products.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 Comments on the draft guidance are due by November 8, 2011.
Second Warnings Suit Filed Against FDA by Big Tobacco
Posted in FDA, Significant Cases
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.
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.