In the first half of 2024, the U.S. Food and Drug Administration (FDA) continued ramping up efforts to limit sales of unauthorized electronic nicotine delivery systems (ENDS). We previously reported on FDA’s heightened enforcement against sellers of unauthorized ENDS in 2023 and predicted that this pattern of enforcement would continue. A year-to-date review of 2024 shows that FDA is placing a high priority on action against unauthorized ENDS. 

We have previously reported on the proliferation of tobacco product flavor bans imposed by localities and subsequent legal challenges throughout the U.S. See Oregon Court Upholds Local Tobacco Product Flavor Ban; Troutman Pepper Tobacco Team Featured in Vapor Voice Post on Ninth Circuit’s Holding that L.A. County’s Flavor Ban…

Agustin Rodriguez and Cole White of the Troutman Pepper Cannabis Team will be attending the 2024 CANNRA External Stakeholders Meeting. This in-person event will be held in Minneapolis, MN from June 3-6, 2024, and presents a great opportunity for government and industry members to share perspectives on issues related to…

The landscape of tobacco product and cannabis flavor bans or restrictions varies significantly across the country. In both industries, some states restrict all or some flavors in all types of products, while other states restrict all or some flavors in some, but not all, products. Below, we provide a high-level overview of the flavor ban and restriction landscape in both industries. As we will discuss, there is a wide disparity between cannabis and tobacco product flavor bans or restrictions and, where they exist, there appears to be more flexibility among cannabis flavor restrictions than for tobacco product flavor bans or restrictions.

The Food and Drug Law Institute’s 2024 Annual Conference is happening May 15-16, 2024! Agustin Rodriguez of the Troutman Pepper Tobacco + Nicotine team will be participating in a panel discussion on “State Regulation of Nicotine Products: Evaluating Flavor Bans and Registration Lists.” Agustin’s panel will discuss actions being taken…

In August 2023, Judge Amit P. Mehta of the U.S. District Court for the District of Columbia partially vacated a Food and Drug Administration (FDA) rule that had “deemed” premium cigars subject to the Federal Food, Drug, and Cosmetic Act (FDCA), known as the “Deeming Rule.” This decision exempted premium cigars from FDA’s tobacco product authorities. In September 2023, however, FDA appealed, and the U.S. Circuit Court of Appeals for the D.C. Circuit is currently weighing the matter. So, what would it take for FDA to succeed on appeal, and what is at stake for the premium cigar industry?

FDA recently announced the launch of a new searchable database containing almost 17,000 tobacco products that may be legally marketed in the U.S. The database provides information on each tobacco product including product names, company names, categories (e.g., cigarette, roll-your-own, e-cigarette, cigar, heated tobacco product), sub-categories (e.g., e- components, filler, leaf wrap), source of U.S. marketing authority (e.g., marketing granted order, substantially equivalent order, found exempt order), and the date of FDA’s action on the tobacco products. FDA indicates that it plans to update the database on a monthly basis. This database is helpful to industry members seeking more transparency from FDA about which products are authorized for sale in the U.S. The database is not, however, without limitations.

Mark your calendars for the TMA 2024 Annual Meeting and Conference! The Troutman Pepper Tobacco + Nicotine team will be in attendance, with our very own Bryan Haynes participating in a panel discussion, “Taking Stock: Discussions on Legal Challenges and What Comes Next.” Bryan will discuss court actions challenging the…

On April 2, three advocacy organizations filed a complaint in the U.S. District Court for the Northern District of California seeking an order directing the U.S. Food and Drug Administration (“FDA”) to promulgate its already-proposed rule banning menthol as a characterizing flavor in combustible cigarettes. The case comes as FDA has missed several internal deadlines for promulgating a final rule on the topic.