The Food and Drug Administration (“FDA”) issued on March 30, 2012 a Draft Guidance (attached) which contains requirements for Reporting Harmful and Potentially Harmful Constituents (“HPHC”) in Tobacco Products and Tobacco Smoke.
General Tobacco MSA Challenge Rejected by Appellate Court
Posted in Significant Cases
Last month, the U.S. Court of Appeals for the Sixth Circuit rejected a challenge to the Master Settlement Agreement filed by General Tobacco against sixteen tobacco manufacturers and 52 Attorneys General.
Federal Appeals Court Affirms Tribal Sales Ban
Posted in Significant Cases
In late February, the 10th Circuit Court of Appeals affirmed a trial court’s decision allowing the Oklahoma Attorney General to enforce a new law banning tribal sales of cigarettes that are not included in the state’s directory of approved non-participating manufacturers.
Smokeshop Magazine Article Discusses FDA Marketing Restrictions
Posted in Articles and Publications
A recent Smokeshop Magazine article by the Troutman Sanders Tobacco practice discusses the Tobacco Control Act’s restrictions on brand name sponsorships by tobacco companies.
FDA Gathering Information From E-Cigarette Manufacturers
Posted in FDA
The FDA Center for Tobacco Products has issued letters to e-cigarette manufacturers requesting information regarding the safety of electronic cigarettes.
Free Speech and Tobacco Regulation Go to Court in Rhode Island
Posted in Significant Cases
A number of tobacco trade associations and manufacturers have filed a federal lawsuit in the United States federal District Court in Rhode Island seeking a temporary restraining order and preliminary and permanent injunctions against the enforcement of two tobacco-related ordinances adopted on January 5, 2012, by the Providence, Rhode Island City Council.
Tennessee Bill Would Expand Escrow Enforcement
Posted in Legislation
A bill pending in the Tennessee legislature (SB 3578 / HB 3632) would expand enforcement of escrow obligations.
NAAG Scrutinizes Tribal Sales
Posted in State Regulatory
An article from the National Association of Attorneys General (NAAG) Tobacco Project, entitled Regulating Tribal Cigarette Sales Under the Master Settlement Agreement, evidences NAAG’s recent focus on collecting escrow payments for tribal cigarette sales.
New Mexico Bill Would More than Double Tobacco Products Taxes, and Perhaps Tax E-Cigarettes
Posted in Legislation
A bill has been introduced in the New Mexico legislature that would more than double the tax rate on OTP — tobacco products other than cigarettes, such as smokeless and cigars — from 25% of the product’s value to 57% of the product’s value.
Proliferation of Remote Sales from Abroad — An Unintended Consequence of the PACT Act?
Posted in Legislation, State Regulatory
The 2010 Prevent All Cigarette Trafficking (PACT) Act imposes a functional ban on remote sales of cigarettes. U.S. Mail cigarette deliveries are now prohibited.