On November 8, 2017, Congresswoman Diana DeGette (D-Colo.) introduced H.R. 4273. The next day, Senator Brian Schatz (D-Hawaii) introduced S. 2100. If passed, either bill would enact the “Tobacco to 21 Act.” The bills have been referred, respectively, to the House Committee on Energy and Commerce and the Senate Committee on Commerce, Science, and Transportation. Continue Reading Renewed Effort to Push “Tobacco to 21” Bills Through Congress
Troutman Sanders Partner Bryan Haynes will attend the Food and Drug Law Institute Conference on Enforcement, Litigation, and Compliance held December 6-7, 2017 in Washington, DC. Bryan will moderate a session on the FDA’s enforcement of age verification and other requirements for tobacco products.
Click here to learn more about the conference.
In the cross-appeals of a $246,975,614 judgment won by New York State and New York City, amici curiae have filed briefs in support of the United Parcel Service, Inc., (“UPS”). The case is New York v. UPS, Nos. 17-1993, -2107, -2111 (2d Cir.). Continue Reading Amici Curiae Come to UPS’s Aid in Appeals over Cigarette Deliveries
Further briefing and deliberation are expected on a Motion to Intervene filed by several anti-tobacco advocacy and health groups in Nicopure Labs, LLC, v. FDA, No. 17-5196 (D.C. Cir.). The would-be intervenors include the American Academy of Pediatrics, the American Cancer Society Cancer Action Network, the American Heart Association, the American Lung Association, the Campaign for Tobacco-Free Kids, and the Truth Initiative. Continue Reading Deeming Regulations Litigation Update — Merits Panel to Take Up Intervention Question in D.C. Circuit Appeal, Further Briefing Expected
In the cigar industry’s challenge to the FDA’s Deeming Regulations, there has been a flurry of activity in anticipation of oral argument on the parties’ cross- motions. The case is Cigar Association of America, et al. v. FDA, et al., No. 1:16-cv-01460 (D.D.C.). Continue Reading Deeming Regulations Litigation Update — Recent Filings in Run-Up to December 14 Oral Argument on Cigar Industry’s Challenge
On October 16, 2017, New York City Mayor Bill de Blasio signed into law three measures targeting non-tobacco shisha. According to one of the co-sponsors, these laws were passed in “an effort to bust the misperception that non-tobacco shisha is healthier than cigarettes when, in fact, they are not.” Continue Reading On Heels of Anti-Tobacco Overhaul, New York City Targets Non-Tobacco Shisha
Recent filings in the cigar industry’s challenge to the FDA’s Deeming Regulations involve outside support and opposition. The case is Cigar Association of America v. FDA, No. 1:16-cv-01460 (D.D.C.).
After Plaintiffs in the cigar-industry challenge to the Deeming Regulations filed a Motion for Preliminary Injunction and a Motion for Partial Summary Judgment on October 3, 2017, filings of amici curiae have come on their side. Meanwhile, the Court has denied a Motion to Intervene filed by several anti-tobacco advocacy and public-health groups. Continue Reading Deeming Regulations Litigation Update — State and Nonprofit Amici Support Cigar Challenge, Anti-Tobacco Intervention Disallowed
The U.S. Food and Drug Administration recently finalized is industry guidance on the prohibition of distributing free tobacco product samples. This guidance is intended to assist tobacco product retailers, manufacturers, and distributors in interpreting the requirements related to the distribution of tobacco products through non-monetary exchanges, membership and rewards programs, contests and games of chance, and business-to-business exchanges, among others. Continue Reading FDA Finalizes Guidance on the Prohibition of Free Tobacco Product Samples
Activity on Motions for Summary Judgment seems to suggest different paths ahead for remaining trial litigation in Deeming Regulations challenges. This activity comes after delays owing to the need for new leadership in the Department of Health and Human Services to review the cases and, more recently, for the existing plaintiffs and defendants to reconsider the claims in light of the FDA’s July 28, 2017, announcement of a new comprehensive plan for focusing its regulatory efforts regarding nicotine. The cases are Cigar Association of America v. FDA, No. 1:16-cv-01460 (D.D.C.), and Cyclops Vapor 2, LLC v. FDA, No. 2:16-cv-00556 (M.D. Ala.). Continue Reading Deeming Regulations Litigation Update — Activity on Motions for Summary Judgment
Expect about a year’s worth of new anti-tobacco messaging on television and in the newspaper as the result of a recent Consent Motion in United States v. Philip Morris USA Inc., et al., No. 1:99-cv-02496 (D.D.C.).
Over eighteen years ago, on September 22, 1999, the federal government filed this case under the Racketeer Influenced and Corrupt Organizations (“RICO”) Act. The trial court eventually found for the federal government in 2006, ordering (among other remedies) that Defendants issue “Corrective Statements” regarding previous representations as to their products. Continue Reading Anti-Tobacco Messaging Could Hit Airwaves and Print Soon, Depending on Court’s Entry of Order