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.

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.

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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.