In December 2013, the New York City Council approved and Mayor Bloomberg signed into law a bill to ban the use of electronic cigarettes in public places. The ban was added to the City’s 2002 Smoke-Free Air Act (the “SFAA”). The SFAA was initially enacted to ban the use of cigarettes in public places, and various sources indicate that the purpose of the SFAA is to protect the public from involuntary exposure to second-hand smoke.
Employers Consider E-Cigarette Restrictions
Posted in State Regulatory
As federal and state regulators consider whether and how to regulate electronic cigarettes, some private employers are considering their own restrictions. A recent NPR article explores this trend.
Troutman Sanders Smokeshop Magazine Article Regarding State Regulation of E-Cigarettes
An article by the Troutman Sanders tobacco practice appears in the February issue of Smokeshop Magazine. The article, titled “E-Cigs at the Forefront,” discusses the growing momentum for state-level regulation of tobacco product alternatives, with e-cigarettes attracting the most attention. The full text of the article can be found here.
FDA Reports Action on Tobacco Product Premarket Approval Applications
Posted in FDA
Since the start of 2014, the FDA Center for Tobacco Products (CTP) has issued four Not Substantially Equivalent (NSE) Orders, 13 Refusals to Accept Exemptions from Substantial Equivalence (SE), four Refusals to File (RTF) submissions for Premarket Tobacco Applications (PMTAs), and 43 Withdrawals of SE Reports.
European Union Tobacco Products Directive Cracks Down on Electronic Cigarettes
Posted in Legislation
On February 26, 2014, the European Parliament approved the revised Tobacco Products Directive (the “Revised Directive”), which governs the manufacture, presentation and sale of tobacco and related products in the European Union. This Revised Directive was passed by the European Parliament more than ten years after approval of the Tobacco Products Directive (the “Directive”). Prior to approval by the European Parliament, the Revised Directive was recommended by the European Union Member States. The Revised Directive will now be reviewed by the European Council, and is scheduled to take effect in 2016.
New Federal Legislation Would Regulate E-Cigarette Advertising and Marketing
Posted in Legislation
On February 26, 2014, legislators from California, Connecticut, Illinois, Iowa and Massachusetts introduced the federal “Protecting Children from Electronic Cigarette Advertising Act.” The legislation would prohibit marketing electronic cigarettes to children.
The FDA’s Regulatory Quagmire – and What it Could Mean for E-Cigarettes and Cigars
Posted in FDA
Troutman Sanders tobacco practice partner Bryan Haynes was quoted in a February 27th Reason article titled “FDA Cigarette Regulations Protect Big Tobacco, Not Public Health.”
Missouri Reintroduces the Allocable Share Bill After the Arbitration Panel’s Decision on MSA “Diligent Enforcement” Disputes
Posted in Legislation, State Regulatory
Missouri, the last remaining state in which nonparticipating manufacturers (“NPMs”) can obtain allocable share releases from their escrow payments, has again introduced legislation to repeal the release mechanism. The bill, House Bill 1242, was introduced on January 8, 2014 and has been referred to and is pending before the House Budget Committee.
Pending FDA Regulation, Lobbyists Push for E-Cigarette Clarity in Washington
Troutman Sanders tobacco team partner Bryan Haynes was quoted in a February 26th NPR article titled “Lobbyists Amp Up Efforts To Sell Washington On E-Cigarettes.”
States Seek to Increase Tobacco Tax Revenue by Taxing E-Cigarettes
Troutman Sanders tobacco team partner Bryan Haynes was quoted in a February 24th Law360 article titled “States Acting Hastily In Pushing E-Cigarette Taxes.”