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Bryan Haynes of the Troutman Pepper Tobacco Team was quoted in a recent Vapor Voice article on a proposed new nicotine tax that has been proposed in Congress.

Currently proposed as part of the so-called “Build Back Better” legislation, the bill would impose a new federal excise tax on “taxable nicotine.”  The bill would primarily impact the vaping industry and its consumers by taxing nicotine used in e-liquids on par with cigarettes and at higher rates than other tobacco products, such as cigars and pipe tobacco.  A prior version of the bill would have also raised federal excise tax rates for all tobacco products, but that proposal seems to have been abandoned, at least for now.…
Continue Reading Troutman Pepper Tobacco Team Quoted in Vapor Voice Article on Proposed Nicotine Tax

Bryan Haynes of the Troutman Pepper Tobacco Team was recently interviewed for CSP’s Tobacco Regulatory Update.  The article discusses six regulatory issues at the federal, state and local levels that could impact tobacco retailers:

  • The impact of the Biden administration on tobacco laws and regulations
  • FDA’s progress in reviewing requests for marketing authorization for new tobacco products
  • The potential that tobacco retailers may be required to post in their stores “corrective statements” regarding the consequences of smoking
  • The ongoing litigation regarding FDA’s new graphic health warnings for cigarettes.
  • Potential flavor bans.
  • Potential excise tax increases.

…
Continue Reading Troutman Pepper Tobacco Team Interviewed for CSP Tobacco Regulatory Update

By Troutman Pepper Tobacco Practice, Bryan Haynes, Agustin Rodriguez, & Nicholas Ramos on October 22, 2020

Online businesses selling electronic nicotine delivery systems (ENDS) to consumers must contend with a “patchwork quilt” of state laws. This patchwork of laws creates significant regulatory uncertainty and risk for businesses selling online in this space. There are many …

In a May 21, 2020 Vapor Voice article, the Troutman Sanders Tobacco Team discuss the FDA’s enforcement actions against manufacturers and retailers whose electronic nicotine delivery system (ENDS) products and “other components” allegedly target youth. Having targeted flavored e-liquid products, ENDS items that resemble food and ENDS products that resemble devices such as gaming…

In a recent article in Bloomberg Tax, Troutman Sanders attorneys Robert Claiborne and Agustin Rodriguez discuss a House subcommittee hearing on the effect of the U.S. Supreme Court’s Wayfair decision on small businesses and whether Congress might try to mitigate the effects of state and local taxation on interstate commerce in the wake of…

In the August 2019 edition of SMOKESHOP Magazine, Troutman Sanders attorneys Robert Claiborne and Bryan Haynes discuss the tobacco regulatory implications of President Trump’s 2017 Executive Order 13771 reducing regulation and adding cost controls. The Office of Management and Budget (OMB) issued guidance surrounding the Order which prompted a lawsuit to be filed in…

TMA and Vapor Voice recently held their “Finding Direction: Navigating PMTAs” seminar and virtual workshop, which was hosted by Troutman Sanders at its Richmond, Virginia office on August 22, 2019. The seminar was moderated by Jim Solyst, the Vice President of Federal Government Affairs at Swedish Match North America. Speakers included Troutman Sanders Partner Bryan Haynes, Kevin Burd, CEO North America Nicotine, Josh Church, Chief Regulatory & Compliance officer at JWEI Group, Mike Ogden, Sr. Vice President of Scientific & Regulatory Affairs at Reynolds American Inc., Dr. Samina Qureshi, Vice President at PSI International Inc., Dr. Lorraine Rusch, President at High Point Clinical Trials, and Steve Sibley, Vice President at Synchrogenix. The seminar was provided to give companies insight on navigating the FDA’s Guidance regarding Premarket Tobacco Product Applications (PMTAs) for Electronic Nicotine Delivery Systems (ENDS), published in June 2019, which dictates the standards for PMTA submission process as companies prepare their submissions for the May 2020 deadline.
Continue Reading Troutman Sanders Hosts TMA and Vapor Voice Conference on the PMTA Process

In a Vapor Voice article entitled “All Hands On Deck”, Timothy Donahue sifts through the information regarding the premarket tobacco review process as it pertains to the vapor industry. Donahue’s article condenses the key factors of what could be an overwhelming process for many vapor companies. As Donahue notes, “the clock just started ticking a lot faster” for vapor companies who plan to submit PMTAs, due to a court-ruling by a U.S. District Court in Maryland that bumped the original PMTA deadline from August 2022 to May 2020. …
Continue Reading Troutman Sanders Attorneys Discuss FDA Premarket Review Process in Vapor Voice Article

The Washington Post placed renewed media attention on child labor in the supply chains of several multinational consumer packaged goods companies that sell chocolate and other products containing cocoa. While some strides have been made in the 18 years since the issue was first brought to a head, the industry continues to face issues in traceability and certification of cocoa produced free of child labor. The question for tobacco, as well as other industries reliant on agricultural commodities, is whether this media attention will expand beyond cocoa.
Continue Reading Washington Post Article Places Renewed Attention on Child Labor in Agricultural Supply Chains