Just last year, Pennsylvania passed a draconian new tax on electronic cigarettes. Imposed at the rate of 40% of the retailer’s purchase price, the tax applies to all “electronic cigarettes,” which is defined to mean an “electronic oral device, such as one composed of a heating element and battery or electronic circuit, or both, which provides a vapor of nicotine or any other substance and the use or inhalation of which simulates smoking.” This term is defined to include both (1) a device, as described in the definition above, and irrespective how it is marketed, and (2) any liquid or other substance placed or sold for use in such a device.
How much must a common carrier do to police its shipments? The U.S. Court of Appeals for the Second Circuit will have the opportunity to weigh in on a $246,975,614 judgment against the United Parcel Service, Inc., (“UPS”) now that the firm has filed a Notice of Appeal. The Notice was filed on June 23, 2017, in the U.S. District Court for the Southern District of New York.
Troutman Sanders attorney Bryan Haynes was featured in a June 2016 SMOKESHOP article regarding the FDA regulations on deeming tobacco products. The article discusses the FDA’s stringent requirements for premarket tobacco submissions.
Read the full article here
Troutman attorneys Bryan M. Haynes and Robert S. Claiborne, Jr. were featured in the February 2017 issue of SMOKESHOP, a tobacco industry magazine, in an article discussing the Indiana Vapor Act. This article discusses the federal appeals court’s decision that Indiana’s Vapor Pens and E-Liquid Act is unconstitutional to the …
Are blunt wraps taxable “tobacco products”? Are they “suitable . . . for smoking in a pipe or otherwise”? On May 15, 2017, the Supreme Court of Colorado answered both questions in the affirmative, handing down its decision in Colorado Department of Revenue, et al. v. Creager Mercantile Co., No. 15SC226.
Troutman Sanders Partner, Bryan M. Haynes, to attend the 102nd annual Tobacco Manufacturers Association conference held in Chantilly, VA from May 10-12, 2017. Noteworthy sessions to include Navigating Premarket Authorization & Harm Reduction… and Testing Methodologies for Deemed Products.
The FDA has extended their upcoming deeming regulations deadlines. This includes the May 10, 2017 deadline, or later, including deadlines for cigar warning label plans, registration and listing, ingredient submissions, health documents, and others. The extension gives the FDA and Department of Health and Human Services’ new leadership time to …
On Thursday, May 4, 2017, Bryan M. Haynes, Partner, Troutman Sanders LLP, will moderate a session on the FDA Center for Tobacco Products’ Evaluation of Premarket and Modified Risk Tobacco Product Applications at the 2017 Food and Drug Law Institute Annual Conference, which will be held in Washington, DC. This …
On March 24, 2017, the Third Court of Appeals of Texas decided Hegar, et al. v. Texas Small Tobacco Coalition, et al., No. 03-13-00753-CV. The court held that a tax on nonparticipating or non-settling manufacturers (“NPMs”) did not violate either the Equal Protection or the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution. The law at issue, Subchapter V to Chapter 161 of the Texas Health & Safety Code (“Subchapter V”), taxed NPMs remaining outside of the Master Settlement Agreement (“MSA”) at approximately $0.55 per cigarette pack and companies subsequently joining the MSA at approximately $0.15 per pack. The case was of particular interest because Texas is not a party to the MSA, yet the MSA’s distinctions were the bases for Subchapter V’s.
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