A bill introduced March 25, 2016 in the Vermont legislature proposes to impose an excise tax on e-cigarettes by redefining “other tobacco products” to include any product manufactured from, derived from, or containing tobacco that is intended for human consumption, including electronic cigarettes that have not been approved by the FDA for tobacco cessation or
State Regulatory
Georgia Proposes Major Changes to Tobacco Escrow Statute
The Georgia House and Senate have both approved a new law that would change nonparticipating manufacturers’ (non-signatories to the 1998 tobacco Master Settlement Agreement) responsibilities for making escrow payments for cigarette sales in the state. The bill awaits the Governor’s signature.
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Judge Rules that Vaping is Not Smoking
On February 5, 2016, a New York City Judge ruled that vaping is not the same as smoking under New York State law and that e-cigarette use is not necessarily banned in the same places as smoking. …
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Tobacco Companies to Pay $125 Million Reinstatement of Escrow Funds to Pennsylvania
On December 23, 2015, the Pennsylvania Supreme Court denied several tobacco companies’ petition for appeal of a Commonwealth Court ruling that Pennsylvania is entitled to reinstatement of more than $125 million in funds under the 1998 Master Settlement Agreement (MSA) with the tobacco industry.
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FDA Eyes Regulation of Hookah Tobacco
Much attention has been given to the impact of the FDA’s proposed deeming regulations on the e-cigarette and cigar industries. But the deeming regulations almost certainly will give the FDA the authority to regulate much more — any product that is made or derived from tobacco and intended for human consumption. This includes tobacco used in a waterpipe (known as a hookah). The tobacco, known as shisha (which is usually flavored), is vaporized through the hookah pipe.
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Troutman Sanders Tobacco Practice Publishes Article on Pennsylvania’s Ongoing MSA Payment Battle in Smokeshop Magazine
An article by the Troutman Sanders Tobacco practice appears in the February issue of Smokeshop Magazine. The article, titled “Pennsylvania’s Legal Battle Over MSA Payments Keeps Twisting” discusses the ongoing battle between Pennsylvania and major tobacco manufacturers regarding disputed 2003 Master Settlement Agreement (“MSA”) escrow payments.
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Continue Reading Troutman Sanders Tobacco Practice Publishes Article on Pennsylvania’s Ongoing MSA Payment Battle in Smokeshop Magazine
Indiana AG Works with State Legislature to Increase Restrictions on E-Cigarettes
Indiana Attorney General Greg Zoeller and the Indiana legislature are working closely to pass legislation that would increase state regulation of electronic cigarettes and vaping products.
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New York State Bills Would Ban E-Cigarette Refills and Tax Cartridges
Two bills recently introduced in the New York State Assembly would regulate vapor products.
One bill, A 635, would ban the sale of e-liquid refill bottles. Another bill, A 296, would tax vapor product cartridges at 75% of the wholesale price. The products would therefore need to be sold through licensed tobacco distributors.
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New York State Bill Would Ban Most Flavored Tobacco Products
Parallel bills pending in the New York State Assembly and Senate (A 128 and S 1825) would ban characterizing flavors in most tobacco products.
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Texas Bills Would Regulate Vapor Products in the Same Manner as Tobacco Products
Parallel bills (H 646 and SB 97) in the Texas legislature would regulate vapor products in the same manner as tobacco products by including vapor products within the same restrictions applicable to tobacco products.
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