The U.S. Department of Transportation has issued a proposed rule to amend its existing airline smoking rule to explicitly ban the use of electronic cigarettes (“e-cigarettes”) on all aircraft in scheduled passenger interstate, intrastate and foreign air transportation. 

In August, we reported on a different lawsuit, brought by Genuine Tobacco, challenging the constitutionality of the PACT Act.  Unlike the New York lawsuit brought by merchants on the Seneca Nation of Indians, in which the trial court enjoined the PACT Act provision requiring out-of-state sellers to collect taxes for remote sales, the Pennsylvania-based federal court denied all of Genuine Tobacco’s challenges to the Act.  The court issued its decision on September 26, 2011.

In the August issue of Smokeshop Magazine, the Troutman Sanders Tobacco Team published an article discussing the path of e-cigarettes to market success and the regulatory challenges currently facing the industry and those challenges likely to be encountered by the industry as the product gains more ground in the marketplace and attracts the attention of competitors and state and federal regulators.

Earlier this month, FDA issued advance notice of proposed rulemaking (ANPRM) to obtain information related to the regulation of non-face-to-face sale and distribution of tobacco products and the advertising, promotion, and marketing of tobacco products.

In June, we reported that National Tobacco Company (“NTC”), the nation’s fourth largest producer of roll-your-own tobacco products, including the popular Zig-Zag brand, had filed a lawsuit against the District of Columbia challenging the constitutionality of the city’s statutory ban on cigar wrappers.

Earlier this month, FDA issued draft guidance addressing substantial equivalence of new tobacco products.  In doing so, FDA provided tobacco manufacturers with much needed guidance on FDA’s “current thinking” on this subject.  Comments on the draft guidance are due by November 8, 2011.

Effective June 2010, FDA issued advertising and marketing restrictions under the Tobacco Control Act.  Among those requirements is a provision prohibiting tobacco manufacturers, distributors and retailers from “sponsoring” any “athletic, musical, artistic, or other social or cultural event, or any entry or team in any event” in the brand name, logo or selling message of any cigarette or smokeless tobacco brand.”