The Troutman Sanders Tobacco Team was recently quoted in a Tampa Tribune article discussing the potential impact of the FDA’s deeming regulations on the premium cigar industry in general, and one Tampa-area business (J.C. Newman Cigar Company) in particular.
Troutman Sanders Tobacco Team to Attend NATO Show
Posted in Conferences and Events
We will be attending the National Association of Tobacco Outlets’ trade show in Las Vegas on April 19-21. The show will feature a presentation by FDA Center for Tobacco Products Director Mitch Zeller. Amid speculation that the FDA’s deeming regulations could be issued imminently, Director Zeller is expected to speak…
Hawaii Seeks to Impose Excise Tax on Electronic Smoking Devices & E-liquids
Posted in State Regulatory
The Hawaii Senate has passed a bill that would tax e-liquids and “electronic smoking devices.” The bill now awaits further action in the Hawaii House of Representatives.
Vermont Introduces Bill to Impose Excise Tax on E-Cigarettes
Posted in State Regulatory
A bill introduced March 25, 2016 in the Vermont legislature proposes to impose an excise tax on e-cigarettes by redefining “other tobacco products” to include any product manufactured from, derived from, or containing tobacco that is intended for human consumption, including electronic cigarettes that have not been approved by the…
Georgia Proposes Major Changes to Tobacco Escrow Statute
Posted in State Regulatory
The Georgia House and Senate have both approved a new law that would change nonparticipating manufacturers’ (non-signatories to the 1998 tobacco Master Settlement Agreement) responsibilities for making escrow payments for cigarette sales in the state. The bill awaits the Governor’s signature.
Judge Rules that Vaping is Not Smoking
Posted in Significant Cases, State Regulatory
On February 5, 2016, a New York City Judge ruled that vaping is not the same as smoking under New York State law and that e-cigarette use is not necessarily banned in the same places as smoking.
Does FDA Solicitation Signal Imminent Plan to Regulate Cigars?
Posted in FDA
The Food and Drug Administration recently issued a solicitation for proposals for a 10 port cigar smoking machine that will simulate human cigar smoking under a variety of conditions and collect smoke residue for chemical analysis. The stated purpose of the solicitation is to increase the FDA’s capability to analyze cigar smoke products and support regulatory work for the Center for Tobacco Products. The machine must analyze smoke under a variety of testing regimes, including ISO, CORESTA, Canadian Intense and Massachusetts Intense.
Child-Resistant Packaging Laws for E-Liquids Enacted
Posted in Legislation
On January 28, 2016, President Obama signed the Child Nicotine Poisoning Prevention Act of 2015 (the Act) into law which requires liquid nicotine containers to be packaged in child-resistant packaging. The Act takes effect on July 26, 2016. Liquid nicotine containers are defined as packages containing nicotine in a solution or other form, including soluble nicotine in any concentration, and that are accessible by a consumer; but excludes sealed, pre-filled and disposable containers which are inserted into e-cigarettes, ENDS or similar products, and any product where the nicotine is not accessible by a consumer. The Act also provides effectiveness and testing standards as set forth in the federal Poison Prevention Packaging Act.
Tobacco Companies to Pay $125 Million Reinstatement of Escrow Funds to Pennsylvania
Posted in Significant Cases, State Regulatory
On December 23, 2015, the Pennsylvania Supreme Court denied several tobacco companies’ petition for appeal of a Commonwealth Court ruling that Pennsylvania is entitled to reinstatement of more than $125 million in funds under the 1998 Master Settlement Agreement (MSA) with the tobacco industry.
FDA Eyes Regulation of Hookah Tobacco
Posted in FDA, State Regulatory
Much attention has been given to the impact of the FDA’s proposed deeming regulations on the e-cigarette and cigar industries. But the deeming regulations almost certainly will give the FDA the authority to regulate much more — any product that is made or derived from tobacco and intended for human consumption. This includes tobacco used in a waterpipe (known as a hookah). The tobacco, known as shisha (which is usually flavored), is vaporized through the hookah pipe.