Troutman Sanders tobacco team partner Bryan Haynes was quoted in a July 22nd New York television station WETM18 report titled “Sen. Schumer and FDA on E-Cigarettes.” The report deals with Senator Schumer’s call for child proof caps and warning labels for e-cigarettes, as well other proposals to regulate these products.

The Senate Finance Committee this week held a hearing entitled Tobacco:  Taxes Owed, Avoided, and Evaded.  The purpose of the meeting was to address alleged tax evasion in three principal areas:  (1) evading higher cigar taxes by increasing the weight of products to qualify for the lower rate imposed on large cigars; (2) evading higher roll-your-own tobacco taxes by marketing cigarette tobacco as pipe tobacco, and (3) trafficking in contraband tobacco products, such as counterfeit or illegally manufactured products.  The head of the Alcohol and Tobacco Tax and Trade Bureau, John Manfreda, as well as industry representatives and tobacco control advocates, testified.

On July 21, 2014, Judge Richard Leon of the United States District Court for the District of Columbia ruled that the Food and Drug Administration (“FDA”) was barred from considering a 2011 report that recommended the removal of menthol cigarettes from the marketplace (the “Menthol Report”), because the advisory committee that prepared the report was tainted by conflicts of interest. 

Earlier this week, the Troutman Sanders tobacco team attended the 82nd International Premium Cigar and Pipe Retailers Association trade show (“IPCPR”) in Las Vegas, Nevada. We were fortunate that Smokeshop Magazine generously agreed to share their booth with us – thanks again!  We enjoyed visiting with all of our…

On July 10, 2014, Senator Nelson of Florida, along with several co-sponsors, introduced a bill in Congress that calls for “special packaging” requirements for e-liquid.  Commonly known as the Child Nicotine Poisoning Act of 2014, Senate Bill 2581 (“S. 2581”) calls on the Consumer Product Safety Commission (the “Commission”) to require childproof packaging, or “special packaging” for any e-liquid container, referred to in the bill as a “liquid nicotine container.”  S. 2581 has been referred to the House Committee on Commerce, Science, and Transportation.

Missouri Senate Bill 841, which would prohibit the sale of “alternative nicotine products” and “vapor products” to minors, was introduced in February 2014.  In April 2014, the bill passed by an overwhelming majority in both the Missouri House and Senate.  On July 14, 2014, Governor Nixon vetoed the bill.  Over the last few days, various organizations have called upon the Missouri legislature to override the Governor’s veto.

The promotion and use of electronic nicotine delivery systems will be subject to higher regulation if H.R. 5010, currently pending in the U.S. House of Representatives, is enacted. On June 26, 2014, Representative Speier and four other co-sponsors introduced the Stop Selling and Marketing to Our Kids E-Cigarettes Act (the “SMOKE Act”). The SMOKE Act has been referred to the House Committee on Energy and Commerce.

On June 18, 2014, the United States District Court for the Southern District of New York upheld a New York City ordinance that effectively prohibits all promotional marketing and discounts for cigarettes and tobacco products.  The District Court found that there was no First Amendment violation and that the newly enacted city code, which bans any sale of cigarettes or tobacco products below the “listed” or “advertised” price, was not preempted by federal or state law.

Members of the Troutman Sanders tobacco practice will attend the 82nd International Premium Cigar and Pipe Retailers Association Annual Convention & International Trade Show from July 19-23 in Las Vegas, Nevada. We will be at the Smokeshop Magazine booth, and look forward to seeing those of you attending the show…