The concept of electronic cigarettes is not new.  Likewise, the idea of obtaining a patent on e-cigarettes is not new – Herbert A. Gilbert obtained a patent on an electronic cigarette in 1963.  But the popularity of e-cigarettes has grown significantly over the past decade, as has the importance of obtaining patent protection for a business’s intellectual property. 

Last year, we reported that National Tobacco Company (“NTC”), the nation’s fourth-largest producer of roll-your-own tobacco products, had filed a lawsuit against the District of Columbia challenging the constitutionality of the city’s ban on cigar wrappers. In the lawsuit, NTC sought a preliminary injunction to stop enforcement of the law.

On June 21, 2012, the Alcohol and Tobacco Tax and Trade Bureau (TTB) of the U.S. Treasury Department issued final regulations, effective immediately, governing permit and related requirements for manufacturers and importers of processed tobacco.  TTB also issued new regulations relating to the definition of roll-your-own tobacco.  However, TTB deferred issuing regulations on perhaps the most controversial issue — the distinction between pipe tobacco and roll-your-own cigarette tobacco for federal excise tax purposes.

On May 24, FDA issued guidance for industry and investigators, Meetings with Industry and Investigators on the Research and Development of Tobacco Products, which aims to assist tobacco manufacturers, importers, researchers and investigators who would like to meet with the staff of FDA’s Center for Tobacco Products (“CTP”) to discuss their research and development plans related to tobacco products.

For some time, Vermont law has prohibited anyone, other than licensed dealers, distributors, and retailers from purchasing cigarettes, roll-your-own tobacco, little cigars, and snuff through the mail or other electronic networks, such as the Internet or by telephone.