Last Thursday, July 18, 2019, Mark Herring, Virginia’s Attorney General, called again for marijuana regulatory reform in light of new data showing arrests rose in the Commonwealth last year. The Attorney General noted that in 2018 marijuana arrests accounted for 59 percent of all drug arrests in Virginia. Herring favors the decriminalization of possession of small amounts of marijuana, action to address past convictions for simple possession and a move towards legal and regulated adult use in Virginia. The Attorney General’s press release was followed the next day by a tweet from Virginia Governor Ralph Northam also urging the decriminalization of marijuana.
Court Ruling Advances FDA Premarket Review Deadline for Deemed Tobacco Products
On July 11, a federal judge issued an important ruling that dramatically advances submission deadlines for premarket review of tobacco products. As a function of that ruling, the deadline for applications for FDA premarket review of “deemed” tobacco products (including cigars, pipe tobacco and electronic nicotine delivery systems (ENDS)) is now May 11, 2020.
Troutman Sanders Tobacco Team Featured in June 2019 SMOKESHOP Magazine Article Regarding FDA Tobacco Product Premarket Review Enforcement
In the June 2019 edition of SMOKESHOP Magazine, Troutman Sanders attorney Bryan Haynes discusses “The FDA’s New Catch-22.” Haynes outlines the FDA’s threat to step up enforcement of premarket review requirements for “new tobacco products” while stalling on long-awaited guidance and regulations establishing the boundaries for industry submissions.
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Warn or Be Warned
The Federal Trade Commission (FTC) and the U.S. Food and Drug Administration (FDA) recently sent warning letters to four firms that manufacture and market flavored e-liquid products [Letters 1, 2, 3, 4]. According to the letters, the companies used social media “influencers” (individuals who promote a company’s product on social media websites in exchange for compensation) to promote their products. Those promotional tweets and other postings on sites including Facebook, Instagram, and Twitter failed to include the requisite FDA warnings, prompting the FDA to declare the promoted products misbranded.
Troutman Sanders Welcomes Agustin Rodriguez
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.
Washington Post Article Places Renewed Attention on Child Labor in Agricultural Supply Chains
The Washington Post placed renewed media attention on child labor in the supply chains of several multinational consumer packaged goods companies that sell chocolate and other products containing cocoa. While some strides have been made in the 18 years since the issue was first brought to a head, the industry continues to face issues in traceability and certification of cocoa produced free of child labor. The question for tobacco, as well as other industries reliant on agricultural commodities, is whether this media attention will expand beyond cocoa.
FDA Finalizes ENDS PMTA Guidance
On June 11, the FDA finalized its guidance for manufacturers submitting new tobacco product applications through the premarket tobacco application (PMTA) process for electronic nicotine systems (ENDS), including e-cigarettes, vaping devices and nicotine-containing e-liquids. By way of background, when the FDA issued the Deeming Regulations asserting jurisdiction over ENDS in May 2016, it also issued a draft guidance for ENDS PMTAs. The Agency had been promising to finalize that guidance as it proposes to move forward the deadline for these submissions.
Troutman Sanders Tobacco Team to Attend IPCPR Conference
The Troutman Sanders Tobacco Team will attend the International Premium Cigar and Pipe Retailers Annual Convention and International Trade Show in Las Vegas, June 28 to July 2, 2019.
Bill Introduced to Raise the Nationwide Minimum Legal Age for Tobacco Product Sales
Senate Majority Leader Mitch McConnell (R-KY) recently announced that he, along with Senator Tim Kaine (D-VA), have filed a new, bipartisan bill in Congress to raise the nationwide legal age to purchase tobacco and vaping products from 18 to 21. The bill, currently titled the “Tobacco-Free Youth Act,” would require all states to pass laws raising the minimum age to purchase cigarettes, electronic nicotine delivery systems (ENDS) and other tobacco products to 21. The bill would compel each state to pass individual laws or risk losing substance abuse prevention and treatment funding.
“Reversing the Youth Tobacco Epidemic Act of 2019” Introduced in Congress
House Energy and Commerce Chair Rep. Frank Pallone, Jr. (D-NJ) and Rep. Donna Shalala (D-FL) recently introduced H.R. 2339, a comprehensive bill seeking to amend the Federal Food, Drug, and Cosmetic Act with respect to the sale and marketing of tobacco products. The legislation, currently titled the Reversing the Youth Tobacco Epidemic Act of 2019, is a broad bill that covers many of the legislative movements and trends seen in recent years concerning the sale and marketing of tobacco products. This bill reflects an attempt to combine the various issues into one comprehensive piece of legislation ostensibly intended to limit youth tobacco access.