On November 24, the Speaker of the House John Boehner, House Majority Leader Kevin McCarthy, and Fred Upton, the Chairman of the Energy and Commerce Committee, wrote to the Secretary of the Department of Health and Human Services challenging the proposed “grandfather” date for premarket review of the newly “deemed” tobacco products. According to the proposed regulation, the grandfather date for purposes of premarket review of e-cigarettes, cigars and pipe tobacco would remain at February 15, 2007 – which is the date for other currently regulated tobacco products such as cigarettes, smokeless, and roll-your-own tobacco. These products have been regulated since the Tobacco Control Act was enacted in 2009.
California Legislature Seeks to Extend STAKE Act to E-Cigarettes
Posted in Legislation, State Regulatory
On December 1, Senator Jerry Hill of the California legislature introduced a bill that would extend the Stop Tobacco Access to Kids Enforcement Act (“STAKE Act”) to ban sales of electronic cigarettes to minors.
Retailers Challenge Chicago Flavor Ordinance
Posted in State Regulatory
A group of tobacco retailers has challenged a Chicago ordinance that generally bans the sale of flavored tobacco products within 500 feet of a school. The ordinance does not apply to tobacco stores that derive more than 80% of their revenue from tobacco sales.
New York City Proposes to Include E-Cigarettes in Flavor Ban
Posted in State Regulatory
The New York City Council has recently proposed a measure that would prohibit so-called “characterizing flavors” in e-cigarettes. The move would subject vapor products to the existing ban on “characterizing flavors” in all tobacco products, which only allows flavored tobacco products to be sold in tobacco bars that derive a certain percentage of their revenue from tobacco sales.
Troutman Sanders Tobacco Practice Partner to Speak at FDLI Tobacco Regulation Conference
Posted in Conferences and Events
Bryan Haynes, Troutman Sanders tobacco practice partner, will be attending the Food and Drug Law Institute Tobacco Conference on October 21 in Washington, D.C. Bryan will be a panelist during the morning panel entitled “Post Market Considerations: Advertising and Promotion of Tobacco Products.”
ECIG USA – Industry Conference Takeaways
Posted in Conferences and Events
On September 24-25, the Troutman Sanders tobacco team attended the ECIG USA industry conference in Las Vegas. Bryan Haynes spoke on a panel entitled, “The Deeming Regulations — Expectations vs. Reality.” Panelists also included Cynthia Cabrera of SFATA, Bill Bartkowski of VapAria, and Jim Swauger of Reynolds.
Troutman Sanders Tobacco Practice Partner to Moderate Panel at ABA Fall Council Meeting
Bryan Haynes, Troutman Sanders tobacco practice partner, will be attending the 2014 American Bar Association Section of State & Local Government Fall Council Meeting from October 9-12 in Denver, Colorado. Bryan will act as moderator during the October 9th afternoon panel entitled “The Regulation (or not!) of E-Cigarettes.”
Class Action Suit Filed Against E-Cigarette Importer
Posted in Significant Cases
A California consumer has filed a class action lawsuit against Fumizer, LLC alleging the company made false claims that their e-cigarettes can aid smokers in quitting cigarettes, while neglecting to inform consumers of other alleged health risks.
DC Increases Tobacco Tax But Exempts E-Cigarettes
Posted in Legislation
The District of Columbia Mayor recently approved a proposal to increase the tobacco products tax, although the new law exempts e-cigarettes from the tax.
FDA Announces E-Cigarette Workshop
Posted in Conferences and Events, FDA
In a notice to be published September 17th in the Federal Register, the FDA Center for Tobacco Products announced that it will conduct a public workshop to discuss e-cigarettes, including product science, packaging and labeling, risks and benefits of product characteristics, strategies to mitigate consumer risks, and methods for evaluating product performance. The notice further indicates that the FDA intends to conduct future workshops addressing both individual- and population-level health impacts of e-cigarettes. The workshops will be held on December 10 and 11, 2014 in Silver Spring, Maryland.