A bill was introduced in the New Hampshire legislature on January 3, 2018 regarding the regulation of e-liquids. The bill, NH18-H.1812, specifically addresses labeling requirements for e-liquid products. Distributors and manufacturers of e-liquid products to be sold in New Hampshire would be required to add a product label which…

In a nearly 250-page Memorandum Opinion and Order, the Honorable James O. Browning of the U.S. District Court for the District of New Mexico has granted in part and denied in part a Motion to Dismiss filed by Defendants Santa Fe Natural Tobacco Co., Reynolds American, Inc., and R.J. Reynolds Tobacco Co. The case is In re Santa Fe Natural Tobacco Co. Marketing & Sales Practices Litigation, No. 1:16-md-02695 (D.N.M.).

By way of background, this multidistrict litigation involves class actions filed by Plaintiffs across various states and under those various states’ respective laws, all directed toward the use of certain descriptors in Natural American Spirit (“NAS”) cigarettes’ packaging, labeling, and advertising.

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.

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.

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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.

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.).

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.”

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.