Troutman Sanders tobacco team partner Bryan Haynes was quoted in a May 25th Reuters article titled “Quality issues push e-cigarette production to U.S. from China.”
E-Cigarette Tax Bill Clears North Carolina House
A bill that would tax e-cigarettes as “vapor products” has cleared the North Carolina House of Representatives. The bill is now pending in the Senate.
Should Vapers be Subject to Higher Insurance Premiums Applicable to “Smokers” and “Tobacco Users”?
Under the Patient Protection and Affordable Care Act (the “Affordable Care Act”) (also known as “ObamaCare”), which became law in 2010, health insurance companies may charge smokers and tobacco users more than those who do not smoke or use tobacco. Specifically, smokers and tobacco users may be charged up to 50 percent more.
Maryland Attorney General Questions E-Cigarette Companies
Last week, Maryland Attorney General Douglas Gansler wrote to ten e-cigarette companies raising issues regarding potential nicotine poisoning and purported marketing to minors.
Takeaways from the Vapor World Expo
Earlier this week, the Troutman Sanders tobacco team attended the Vapor World Expo, a trade show for e-cigarettes and vapor products. Along with Bonnie Herzog of Wells Fargo Securities, Bryan Haynes presented on the topic of “Vapors, Myths and Reality.”
Testing E-Cigarettes
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.
Troutman Sanders Tobacco Practice Publishes Article in Smokeshop Magazine on Litigation Over E-Cigarette Marketing
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.
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Report from the Food & Drug Law Institute Conference
We attended the two-day Food & Drug Law Institute Conference this week. Three panels focused on FDA regulation of tobacco products, including a deeming regulations panel at which Bryan Haynes presented.
Troutman Sanders Tobacco Practice Quoted on FDA Deeming Regulations
The Troutman Sanders tobacco practice has been quoted in two recent articles regarding the FDA’s recent move to extend regulatory oversight to e-cigarettes, cigars, pipe tobacco and other tobacco products.
The FDA’s New Deeming Regulations — Get Your Comments In!
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.