Two bills recently introduced in the New York State Assembly would regulate vapor products.

One bill, A 635, would ban the sale of e-liquid refill bottles.  Another bill, A 296, would tax vapor product cartridges at 75% of the wholesale price.  The products would therefore need to be sold through

Bryan Haynes and Nancyellen Keane of the Troutman Sanders tobacco team will be attending the Tobacco Plus Convenience Expo in Las Vegas on January 28-29, 2015.  We look forward to seeing our clients and friends at the show.  Please come visit with us at the Smokeshop Magazine booth.

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On December 19, Representative Henry Waxman, Senator Dick Durbin, and Representative Frank Pallone, Jr. sent letters to the twenty-nine State Attorneys General who were signatories of the August 8, 2014 letter to the FDA regarding regulation of e-cigarettes.  The December 19th letters lauded the continuing efforts of the State Attorneys General to encourage the regulation of e-cigarettes and called on them to classify e-cigarettes as “cigarettes” under the Master Settlement Agreement (“MSA”). Such classification would, among other things, impose cigarette advertising restrictions on vapor products.

On December 16, the FDA issued warning letters to six online retailers for selling “across state lines a tobacco product subject to a Not Substantially Equivalent (NSE) Order.”  Once an NSE order has been issued for a particular tobacco product by the FDA’s Center for Tobacco Products, the products are considered “misbranded and adulterated” and therefore cannot be sold, marketed, or distributed. 

An article by the Troutman Sanders Tobacco practice appears in the October issue of Smokeshop Magazine. The article, titled “Premium Cigars Face Regulations Strangulation under FDA”, discusses the anticipated impact of FDA’s pre-market review requirements on the premium cigar market.

An article by the Troutman Sanders Tobacco practice appears in the December issue of Smokeshop Magazine. The article, titled “Hey Legislators: Vaping Products Don’t Belong in the MSA!” discusses the “longshot” bid by congressmen to have e-cigarettes included in the Master Settlement Agreement (“MSA”).