Since the 2009 passage of the Tobacco Control Act, the Troutman Sanders Tobacco Practice has been helping our clients comply with the many new Food & Drug Administration requirements for tobacco companies.  These requirements include FDA registration and other filing requirements.

More recently, the Troutman Sanders Tobacco Practice has been working around the clock to help our clients file their “substantial equivalence” reports due on March 22nd.  This requires reports to the FDA regarding products that were first sold after February 2007, or products that have changed since then.

The PACT Act, passed by Congress last year, is recognized by many in the tobacco industry as imposing new requirements for Internet sales, including generally prohibiting the use of the U.S. mail to deliver cigarettes and smokeless tobacco and imposing new age-verification requirements to stop remote sales to minors.

Arkansas Attorney General Dustin McDaniel, who is co-chair of the National Association of Attorneys General Tobacco Committee, is supporting legislation in that state that would impose significant new requirements for nonparticipating manufacturers to the Master Settlement Agreement.  We understand that the legislation may be used as a model in other states.

On Friday, two of the nation’s three largest tobacco companies filed a lawsuit in the U.S. District Court for the District of Columbia against the Food and Drug Administration and its commissioner, the Department of Health and Human Services and its secretary, and the director of the federal Center for Tobacco Products.