Bills are pending in both the Florida and Texas legislatures that would, respectively, impose a 52 cent per pack tax and a 43 cent per pack tax on cigarettes manufactured by companies that have not settled with these states.
Troutman Pepper Locke Tobacco Practice
Last Significant Challenge to Escrow Requirements Rejected
Posted in Significant Cases
We reported last month that the United States Supreme Court was considering a challenge to New York’s escrow statute in the Freedom Holdings case. The Supreme Court recently refused to consider the challenge, thereby dismissing the last major challenge to the escrow statutes enacted under the MSA.
For questions and/or…
Nebraska Legislature Considers Expansive Tobacco Enforcement Measure
Posted in Legislation, State Regulatory
A bill is currently pending before the Nebraska legislature that would impose significant new requirements for nonparticipating manufacturers to the MSA and relating to tribal sales. Legislative Bill 590, which was introduced on January 19, 2011 and reported from the legislature’s revenue committee (as amended) on April 7, 2011, also would impose stringent new requirements regarding the taxation and sale of tobacco products. The bill appears to be spearheaded by the Nebraska Attorney General, who is co-chair of the National Association of Attorneys General Tobacco Committee.
With respect to nonparticipating manufacturers, the Nebraska bill:
Troutman Sanders Tobacco Practice to Attend NATO Show April 13-14
Posted in Conferences and Events
The Troutman Sanders Tobacco practice will attend the National Association of Tobacco Outlets show on April 13-14 in Las Vegas.
New Mexico Governor Vetoes Nonparticipating Manufacturer Escrow Bill
Posted in Legislation, State Regulatory
On April 5, 2011, New Mexico Governor Susana Martinez vetoed a bill that would have imposed additional escrow requirements on nonparticipating manufacturers to the Master Settlement Agreement.
Kentucky Tobacco Farmers File Class Action Lawsuit Against a Leading Tobacco Merchant
Posted in Significant Cases, State Regulatory
On March 22, four Kentucky tobacco farmers filed a state class action lawsuit against Universal Leaf North America, a subsidiary of Universal Corporation, the world’s leading leaf tobacco merchant and processor.
Distributors — Have Your Suppliers Complied with the FDA’s Registration and Filing Requirements?
Posted in FDA
Since the 2009 passage of the Tobacco Control Act, the Troutman Sanders Tobacco Practice has been helping our clients comply with the many new Food & Drug Administration requirements for tobacco companies. These requirements include FDA registration and other filing requirements.
More recently, the Troutman Sanders Tobacco Practice has been working around the clock to help our clients file their “substantial equivalence” reports due on March 22nd. This requires reports to the FDA regarding products that were first sold after February 2007, or products that have changed since then.
PACT Act Reporting Requirements
Posted in Legislation, State Regulatory
The PACT Act, passed by Congress last year, is recognized by many in the tobacco industry as imposing new requirements for Internet sales, including generally prohibiting the use of the U.S. mail to deliver cigarettes and smokeless tobacco and imposing new age-verification requirements to stop remote sales to minors.
New Model NPM Legislation Moving Through Arkansas Legislature
Posted in Legislation, State Regulatory
Arkansas Attorney General Dustin McDaniel, who is co-chair of the National Association of Attorneys General Tobacco Committee, is supporting legislation in that state that would impose significant new requirements for nonparticipating manufacturers to the Master Settlement Agreement. We understand that the legislation may be used as a model in other states.
FDA Considers Ban on Menthol Cigarettes
Posted in FDA
On March 18, the FDA’s Tobacco Products Scientific Advisory Committee (TPSAC) suggested that the FDA consider banning menthol cigarettes. TPSAC argued that menthol makes people more likely to start smoking and less likely to quit.