Did you know that there are special environmental requirements for businesses manufacturing, distributing and selling electronic nicotine delivery systems (ENDS)?  Late last year, the Environmental Protection Agency added e-cigarettes, vape pens and certain e-liquids as hazardous waste pharmaceuticals under a final rule entitled “Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine.” The rule requires companies to provide certain training, complete reporting, and maintain recordkeeping, among other obligations. Failure to comply can result in enforcement and penalties.

If you manufacture or distribute ENDS products, please let us know how we can help you comply with these regulations.


Agustin Rodriguez

Agustin is Counsel in the firm’s Government Investigations, Compliance and Enforcement practice. He leverages his extensive background to assist clients in navigating federal, state and local regulation of tobacco, alcohol and other consumer products. He has unique experience advising on global supply chain risk management issues, specifically in Asia and Latin America. Continue Reading Troutman Sanders Welcomes Agustin Rodriguez

The federal government is attempting to intervene in a lawsuit between a tribal tobacco manufacturer and the State of Nebraska.

HCI Distribution Inc. (“HCI”) and Rock River Manufacturing (“Rock River”) filed a lawsuit against the State of Nebraska alleging that Nebraska was attempting to regulate the companies’ tobacco production in violation of the U.S. Constitution. HCI and Rock River are subsidiaries of Ho-Chunk Incorporated (“Ho-Chunk”), which is the economic development arm of the Winnebago Tribe. Continue Reading Federal Government Seeks to Intervene in Tribal Lawsuit Against the State of Nebraska

Nicotine: The deeming regulations promulgated by the Food and Drug Administration contain new warning requirements for certain tobacco products, including cigars, pipe tobacco, e-cigarettes, vapor products, hookah tobacco, dissolvables, and nicotine gel.  Effective August 8, 2018, a nicotine health warning is required on packaging and advertisements.  The language is:

“WARNING: This product contains nicotine. Nicotine is an addictive chemical.”

Continue Reading Deeming Regulations — Initial Impressions — Warnings

On September 24-25, the Troutman Sanders tobacco team attended the ECIG USA industry conference in Las Vegas.  Bryan Haynes spoke on a panel entitled, “The Deeming Regulations — Expectations vs. Reality.”  Panelists also included Cynthia Cabrera of SFATA, Bill Bartkowski of VapAria, and Jim Swauger of Reynolds. Continue Reading ECIG USA – Industry Conference Takeaways

FDA issued the long-awaited deeming regulation this morning.  With respect to cigars, FDA proposed two options for the scope of the rule.  FDA is requesting comments on the two options, and comments must be submitted within 75 days of the issuance of the proposed rule. Continue Reading The FDA’s New Deeming Regulations — Preliminary Observations — Potential Exemption for Premium Cigars