In late December, the European Union’s Parliament approved anti-tobacco legislation, and the legislation included regulations governing electronic cigarettes.  Although the European Union has been considering regulating electronic cigarettes for quite some time, the recently-approved legislation is the first rule covering electronic cigarettes at the EU-level.  Prior to the approval of this legislation, electronic cigarettes, if at all, were regulated by each individual government within the European Union.

An article by the Troutman Sanders tobacco practice appears in the December issue of Smokeshop Magazine. The article, titled “Disputed 2003 MSA Payments Resolved,” discusses the recent rulings of the arbitration panel regarding the “diligent enforcement” dispute that erupted between Participating Manufacturers and governments of MSA settling states. The full text of the article can be found here.

The Electronic Cigarette Industry Group (ECIG) announced Wednesday that they would be opening a new office in D.C.  Bryan Haynes, a partner in Troutman Sanders’ tobacco practice, supports the group’s government affairs department.  ECIG has been expanding rapidly in the face of the looming deeming regulations expected from the FDA, and the muddy waters of state government regulation.

Come and meet us at TPC 2014! Members of the Troutman Sanders Tobacco practice will attend the 2014 Tobacco Plus Convenience Expo from January 29-30th in Las Vegas, Nevada. Bryan Haynes and Nancyellen Keane will be the keynote speakers of the General Session on Thursday morning, January 30th. They will be speaking on the “Past, Present and Future of FDA Regulation of Tobacco Products”, which focuses on the regulatory actions of the FDA from the enactment of the Tobacco Control Act in 2009 to the present. We value the unique opportunity to attend the TPC 2014 show, and look forward to seeing old friends as well as making new ones.

Another shameless plug for a Troutman Sanders tobacco team publication — we recently published an article in the Food and Drug Law Journal entitled “Compelled Commercial Speech:  the Food and Drug Administration’s Effort to Smoke Out the Tobacco Industry through Graphic Warning Labels.”  The article discusses the court decisions addressing

Bryan Haynes of the Troutman Sanders tobacco team recently authored the chapter “Understanding the Tobacco Control Act and FDA Investigative Process,” which discusses the FDA’s enforcement of the Family Smoking Prevention and Tobacco Control Act, in the recent book, Inside the Minds –Recent Developments in Food and Drug Law.

In a recent letter to the National Association of Attorneys General (“NAAG”) and in the latest iteration of the Obama Administration’s Unified Regulatory Agenda, the FDA shed some light on the likely content of its “deeming” regulations that will subject additional tobaccco products to regulation under the Family Smoking Prevention and Tobacco Control Act.  The deeming regulations have been drafted, but are not yet public, pending review by the White House Office of Management and Budget under Executive Order 12866.