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.
State Regulatory
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.
Indiana AG Works with State Legislature to Increase Restrictions on E-Cigarettes
Posted in Legislation, State Regulatory
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.
New York State Bills Would Ban E-Cigarette Refills and Tax Cartridges
Posted in Legislation, State Regulatory
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…
New York State Bill Would Ban Most Flavored Tobacco Products
Posted in Legislation, State Regulatory
Parallel bills pending in the New York State Assembly and Senate (A 128 and S 1825) would ban characterizing flavors in most tobacco products.
Texas Bills Would Regulate Vapor Products in the Same Manner as Tobacco Products
Posted in Legislation, State Regulatory
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.
Virginia Legislation Would Restrict E-Cigarette Sales
Posted in Legislation, State Regulatory
A number of bills have been introduced in the Virginia legislature that would restrict sales and marketing of vapor products.
Democratic Congressional Representatives Push For Classification of E-Cigarettes Under the MSA
Posted in Legislation, State Regulatory
On December 19, Representative Henry Waxman, Senator Dick Durbin, and Representative Frank Pallone, Jr. sent letters to the twenty-nine State Attorneys General who were signatories of the August 8, 2014 letter to the FDA regarding regulation of e-cigarettes. The December 19th letters lauded the continuing efforts of the State Attorneys General to encourage the regulation of e-cigarettes and called on them to classify e-cigarettes as “cigarettes” under the Master Settlement Agreement (“MSA”). Such classification would, among other things, impose cigarette advertising restrictions on vapor products.
Troutman Sanders Tobacco Practice Publishes Article on E-Cigarettes in Smokeshop Magazine
An article by the Troutman Sanders Tobacco practice appears in the December issue of Smokeshop Magazine. The article, titled “Hey Legislators: Vaping Products Don’t Belong in the MSA!” discusses the “longshot” bid by congressmen to have e-cigarettes included in the Master Settlement Agreement (“MSA”).
California Legislature Seeks to Extend STAKE Act to E-Cigarettes
Posted in Legislation, State Regulatory
On December 1, Senator Jerry Hill of the California legislature introduced a bill that would extend the Stop Tobacco Access to Kids Enforcement Act (“STAKE Act”) to ban sales of electronic cigarettes to minors.