The FDA’s proposed deeming regulations call for testing of harmful and potentially harmful constituents in electronic cigarettes.  Those requirements would not be triggered until three years after the regulations become effective, and in the meantime the FDA presumably would need to establish protocols for e-cigarette testing and a list of constituents to be reported.

An article by the Troutman Sanders tobacco practice appears in the April issue of Smokeshop Magazine. The article, titled “E-Cigarette Marketing: Misleading or Puffery?,” discusses lawsuits filed by plaintiff’s attorneys against e-cigarette companies regarding their marketing practices.  The full text of the article can be found here.

For questions …

The FDA issued proposed regulations yesterday that would extend the FDA’s regulatory authority under the Tobacco Control Act to all tobacco products, including e-cigarettes, cigars and pipe tobacco.  It is important to note that this is a proposal only, and the regulations could become more reasonable or more onerous after a public comment period.

FDA’s proposed deeming regulation issued earlier today would cover a variety of products that meet the statutory definition of a “tobacco product,” including electronic cigarettes, cigars and pipe tobacco.  This blog entry discusses three provisions that would apply to the tobacco products “deemed” to be subject to FDA regulation. 

The FDA’s proposed deeming regulations issued earlier today purport to contain a number of relatively modest proposals for regulation of the newly “deemed” products — generally e-cigarettes, cigars and pipe tobacco.  However, lost in the shuffle of the media commentary thus far is the proposal’s impact on tobacco companies’ ability to market new products, or even to continue to market products that are currently being sold.

FDA issued the long-awaited deeming regulation this morning.  With respect to cigars, FDA proposed two options for the scope of the rule.  FDA is requesting comments on the two options, and comments must be submitted within 75 days of the issuance of the proposed rule.

Nonparticipating manufacturers, wholesalers, and distributors that do business in Oklahoma will be subject to substantial additional requirements if House Bill 2363 currently pending in the Oklahoma State Legislature is enacted.   The bill has passed both houses of the Legislature and appears to be headed toward approval.

The television arm of the Washington Post, Post TV, recently ran a news report on electronic cigarettes titled “E-cigs: The battle happening on nicotine’s next front”. The report discusses the recent popularity of e-cigarettes, and speaks of concerns regarding both the impending regulation of the product by the FDA as well as the restrictions that are already beginning to be imposed by major cities on the product.