Troutman Pepper offers a unique and holistic legal approach to businesses in the tobacco industry. Our tobacco practice consists of partners, of counsel, associates, paralegals, and professional staff. Most of our tobacco lawyers have experience working in state Attorneys General offices, including a former state Attorney General, former Deputy Attorney General, and several former state Assistant Attorneys General. Our attorneys provide the government experience, legal skills, and business savvy to best service our clients.
As one of the most scrutinized industries in the world, tobacco companies face constant legal challenges in a variety of ways. While our firm has the capability to handle virtually all areas of the law, our tobacco lawyers work closely with clients to develop business strategies, maneuver through the complicated regulatory process, provide guidance and proactive decision-making regarding enforcement matters, and handle transactional and litigation matters. Below are the areas of practice’s expertise including examples of types of matters we handle for our clients.
REGULATORY COMPLIANCE – FDA LAW
Given the strict authority by the FDA to regulate tobacco products, we handle the following types of matters for our clients:
- Formulate plans to meet FDA requirements
- Prepare FDA submissions
- Advise on FDA marketing requirements
- Advise on FDA registrations and inspections
- Assist with FDA new product filings
REGULATORY COMPLIANCE – STATE LAW
Tobacco businesses face a host of regulatory issues under state law. With that, we provide our clients with legal support in the way of:
- Advising state regulations governing licenses and permits, escrow payments and establishment of qualified escrow agreements
- Assist in determining methodologies to remain compliant with state laws and regulations
When litigation arises, it is a distraction for corporate management and an interruption of the company’s true business. Our tobacco litigators are skilled and equipped to successfully handle a variety of matters, such as:
- Representing tobacco product manufacturers in matters ranging from multi-district litigation to commercial disputes in state and federal trial courts
- Handling civil and criminal disputes with federal and state agencies concerning:
- Payment of excise taxes
- State business, wholesale dealer and other licenses
- Listings to sell product on state tobacco directories
Like all other major businesses that deal with consumers, companies in the tobacco industry equally face close scrutiny from state Attorneys General and other regulatory authorities. This is especially true today because state Attorneys General are increasingly working together in “multi-state” investigations involving selected “target” industries, such as tobacco.
Our tobacco enforcement lawyers provide the following service and assistance to our clients:
- Effectively and efficiently resolve any issues that may arise, before they become major issues for businesses
- Handle legal issues with state Attorneys General through specialized relationships and support that is “more than lobbyists and more than lawyers”
While the federal and state governments generate billions of dollars from tobacco product taxation, both consumers and the industry are paying the price. Our tobacco lawyers have expertise and valuable relationships with government regulators to serve as advocates to our clients in this area.
Our experience working with clients in such matters includes:
- Obtaining permits with the Tobacco Tax and Trade Bureau of the U.S. Treasury Department and with state revenue departments
- Successfully resolving excise tax disputes with state revenue departments
- Advocating with state and federal policymakers regarding tobacco taxation