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In a recent letter to the National Association of Attorneys General (“NAAG”) and in the latest iteration of the Obama Administration’s Unified Regulatory Agenda, the FDA shed some light on the likely content of its “deeming” regulations that will subject additional tobaccco products to regulation under the Family Smoking Prevention and Tobacco Control Act.  The deeming regulations have been drafted, but are not yet public, pending review by the White House Office of Management and Budget under Executive Order 12866.

The Troutman Sanders Tobacco practice is proud to be participating in the Food and Drug Law Institute’s (“FDLI”) FDA Regulation of Tobacco Products Conference. This one-day conference will focus on latest developments in FDA tobacco product regulation, both in review for 2013 and in the future. The program will host government, industry and public interest experts in order to provide updates on various issues, such as changing product standards and current and future research efforts, in addition to a discussion of the regulation of modified-risk tobacco products, especially in reference to electronic cigarettes.

The Troutman Sanders Tobacco practice will be presenting at the Tobacco Merchants Association Annual Meeting and All-Industry Conference in Williamsburg, Virginia on May 16th.

Ashley Taylor will present on “Promotions in Rhode Island & New York.”  Bryan Haynes will participate in a panel entitled “Deeming Regulations — A Conversation,” which…

On April 22, 2013, the United States Supreme Court denied a petition for writ of certiorari in a First Amendment challenge to the 2009 Family Smoking Prevention and Tobacco Control Act’s graphic warning label requirement.  The law requires that cigarette packages display graphic warning labels covering 20 to 50 percent of the product packaging.

The Troutman Sanders Tobacco practice is proud to be participating in the Food and Drug Law Institute’s (FDLI) 2013 Annual Conference, the largest and longest-running legal conference for regulated industry. This year’s conference will cover legal, regulatory, policy and economic issues spanning the gamut of the Food and Drug Administration’s (FDA) authority, by bringing together experts from industry, Congress, and federal agencies. FDLI’s Annual Conference provides a valuable educational opportunity to discuss and debate emerging issues.

The new head of FDA’s Center for Tobacco Products, Mitchell Zeller, started work this week.

Zeller (who is a trained lawyer) has a long record in tobacco control, having led FDA’s failed effort in the mid-1990s to regulate tobacco products.  The U.S. Supreme Court rejected that effort, finding that FDA lacked congressional authority to regulate tobacco products.  Now that FDA has been given congressional authority, Zeller takes over as head of those efforts, assuming the position held by Dr. Lawrence Deyton since the inception of FDA’s tobacco authority.

Bryan Haynes of the Troutman Sanders Tobacco practice was recently quoted in The Atlantic article, “The FDA is Keeping New Cigarettes Off the Market“.

Haynes explains why tobacco companies believe this violates the obvious intent of the law. “Why would you have a 180-day review for a presumably

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The Tobacco Control Act requires specific health warnings for smokeless tobacco products.  The packaging and advertising of smokeless tobacco products must contain one of the following four specified warning statements:

  • WARNING: This product can cause mouth cancer.
  • WARNING: This product can cause gum disease and tooth loss.
  • WARNING: This product is not a safe alternative to cigarettes.
  • WARNING: Smokeless tobacco is addictive.