Following a period of public comment, earlier this month the Boston Public Health Commission approved rules that immediately treat electronic cigarettes as tobacco products.
New York City Ordinance Banning Sale of Flavored Smokeless Tobacco Upheld
Posted in Legislation, Significant Cases
Last month, a New York federal district judge upheld a New York City local ordinance that prohibits the sale of flavored smokeless tobacco anywhere in the city other than at existing “tobacco bars.”
Washington Bill Would Ban Flavored Tobacco
Posted in Legislation, State Regulatory
Potentially expanding the Tobacco Control Act’s prohibition on flavored cigarettes, and perhaps signaling the beginning of a nationwide trend, the Washington Senate has introduced a bill that would ban any type of flavored tobacco products.
Federal Judge Enjoins Tax Provisions of the PACT Act
Posted in Significant Cases
On December 5, 2011, the U.S. District Court for the District of Columbia issued a preliminary injunction blocking enforcement of the Prevent All Cigarette Trafficking Act’s (“PACT Act”) provisions which prohibit remote sales of cigarettes and smokeless tobacco unless the applicable state and local taxes are paid in advance.
Food and Drug Administration Solicits Comments on Brand Name Restriction
Posted in FDA
On November 10, FDA solicited comments on proposed amended regulations addressing the use of tobacco brand names that are also nontobacco brand names.
Troutman Sanders Tobacco Practice to Attend Food and Drug Law Institute Conference
Posted in Conferences and Events
The Troutman Sanders Tobacco practice will attend the Food and Drug Law Institute’s Tobacco Regulation and Litigation Conference in Washington, DC on December 5, 2011.
Supreme Court Will Not Review Ruling in Arkansas MSA Dispute
Posted in Significant Cases
Last week, the U.S. Supreme Court declined a request by Vibo Corporation, Inc. d/b/a General Tobacco (“General Tobacco”) to review the Supreme Court of Arkansas’ decision upholding a lower’s court’s order that, among other things, directed General Tobacco to pay almost $300 million to satisfy an MSA backpayment obligation and refused to stay the proceedings pending arbitration ( the “Backpayment Decision”).
New York Federal Court Upholds Government’s Imposition of Tobacco Buy-Out Assessments Against Native American Importer
Posted in Legislation, State Regulatory
Last month, a New York federal court upheld the Department of Agriculture’s (“USDA”) computation of delinquent tobacco buy-out assessments against Native Wholesale Supply (“NWS”) under the Fair and Equitable Tobacco Reform Act of 2004 (“FERTA”).
New York to Begin Enforcing Cigarette Tax Requirements on Reservations?
Posted in State Regulatory
After years of political wrangling, in 2010 New York state taxing authorities instituted a regime to tax cigarette sales on Native American reservations. After courts rejected various challenges to the new regime, taxing authorities appeared poised to enforce the new requirements. But they didn’t.
Tennessee Issues Guidance Regarding Cigarette/Cigar Distinction
Posted in State Regulatory
What is and is not a cigarette has become increasingly difficult as states attempt to subject more and more cigars to their generally higher cigarette tax rate. To clarify these issues, in November, the Tennessee Department of Revenue has recently issued a guidance document (“Notice #11-15”)[1] to assist wholesalers and manufacturers in ensuring that tobacco products, particularly little cigars, are taxed correctly.