Missouri, the last remaining state in which nonparticipating manufacturers can obtain allocable share releases from their escrow payments, has again introduced legislation to repeal the release mechanism. The bill, Senate Bill 629, was introduced earlier this month.
The Focus on Cigar Regulation Continues: Hawaii Offers its Own Regulation of “Characterizing Flavors”
Widespread attention continues to be focused on the FDA’s announced plan to regulate additional tobacco products, possibly including cigars. With state legislatures beginning their 2013 sessions, many are signaling how they are planning to take matters into their own hands. In Hawaii, a bill designed to “curtail tobacco use among adolescents and young adults by raising tobacco taxes, while not placing the local premium cigar industry at a competitive disadvantage,” and regulating “characterizing flavors,” is in the pipeline.
Tobacco Companies Appeal Unsuccessful Challenge to Local Ordinances
Several tobacco companies have recently appealed a federal trial court’s decision to uphold two local ordinances that ban certain promotional discounts and severely restrict flavored tobacco products.
Idaho Supreme Court Considers Tribal Tobacco Dispute
A case currently pending before the Idaho Supreme Court could establish new precedent regarding a State’s authority to regulate tribal tobacco sales.
Smokeshop Magazine’s Tobacco Industry 2013 Calendar of Events
Smokeshop magazine provides a comprehensive calendar of industry events, including the upcoming TPE show this month and the IPCPR show in July. Click here for a PDF version of the calendar. We look forward to seeing you at various events throughout the year.
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Troutman Sanders Tobacco Practice Quoted in Law 360 Article Regarding FDA Tobacco Regulation
Bryan Haynes of the Troutman Sanders Tobacco practice was recently quoted in a Law 360 article regarding FDA’s expected regulation of additional tobacco products in 2013.
Obama Administration Includes New Tobacco Regulations in Regulatory Agenda
Twas four nights before Christmas, when all through the house, not a creature was stirring, except staffers at the White House. That’s right, at 3 p.m. on Friday, December 21, 2012, the last business day before Christmas, the White House finally released its Unified Agenda and Regulatory Plan, which included coal in the stocking in the form of more regulations for tobacco companies.
Tobacco Companies and States Announce MSA “Diligent Enforcement” Settlement
On December 18th, 17 states and the manufacturer-signatories to the Master Settlement Agreement announced a settlement of the manufacturers’ claims that the states failed to satisfy their obligations to “diligently enforce” non-signatories’ escrow requirements.
Comparing Your Product to Recognized Brands
R.J. Reynolds recently filed a federal lawsuit accusing an e-cigarette merchant of trademark infringement. R.J. Reynolds accused the company of unfair competition and dilution under the Lanham Act based on the company’s alleged use of the Camel and Winston cigarette brand names to describe the company’s e-cigarettes. R.J. Reynolds claimed that the competitor advertised “Winston” and “Camell” flavors on its website.
Troutman Sanders Tobacco Practice Publishes Article in Smokeshop Magazine
An article by the Troutman Sanders Tobacco practice appears in the October issue of Smokeshop Magazine.