In determining whether the commerce clause of the U.S. Constitution prohibits a state’s taxation of a remote seller, the U.S. Supreme Court for decades has upheld a tax if (1) there is a substantial nexus between the taxing state and
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Minnesota Department of Revenue Revokes and Replaces Guidance on Remote Sellers’ Tobacco Tax Responsibilities
The Department has issued updated guidance addressing remote sellers’ cigarette and tobacco tax responsibilities after the Minnesota Legislature’s mid-2021 amendments to the State’s cigarette and tobacco tax and tobacco product delivery sales statutes, Congress’ late-2020 amendment of the Jenkins Act,…
Iowa Attorney General Brings Suit Against Participating Manufacturers to the Master Settlement Agreement
On July 28, the Iowa attorney general’s office filed suit against Philip Morris, USA, R.J. Reynolds Tobacco Co., and 16 other tobacco companies, accusing them of defrauding Iowa of over $133 million by allegedly engaging in bad faith disputes over…
Deeming Regulations Litigation Update – FDA Files Second Status Report on Pending Vapor Products PMTAs
FDA reports that the progress of its review of popular vapor products’ pending PMTAs remains in line with its first report.
On July 28, 2022, FDA filed a status report in American Academy of Pediatrics, et al. v. FDA, et…
Industry Comments Loom Large in DC Court, Finding FDA Regulation of Premium Cigars “Arbitrary and Capricious”
On July 5, the U.S. District Court for the District of Columbia ruled that the decision of the Food and Drug Administration (FDA) to “deem” premium cigars subject to the same federal law as other tobacco products like cigarettes was…
Troutman Pepper Tobacco Team Quoted in Bloomberg Law Article Regarding FDA Proposals to Ban Menthol in Cigarettes and Flavors in Cigars
Bryan Haynes of Troutman Pepper’s Tobacco Team was quoted in a recent article in Bloomberg Law discussing FDA’s recent proposals to ban menthol in cigarettes and “characterizing flavors” in cigars.
Haynes noted that FDA “has authority to implement tobacco product…
Troutman Pepper Tobacco Team Quoted in Law360 Article Regarding FDA’s Proposal to Mandate Lower Nicotine in Cigarettes
Bryan Haynes of Troutman Pepper’s Tobacco Team was quoted in a recent article by Emily Field of Law360 discussing FDA’s recently-announced proposal that would limit nicotine levels in combusted tobacco products.
Haynes noted that this proposal, along with FDA’s other…
FDA Set to Propose Maximum Nicotine Level in Cigarettes
The US Food and Drug Administration (FDA) recently announced plans to publish a proposed rule that would establish a maximum nicotine level in cigarettes and certain “other combusted tobacco products.” At the moment, it is not clear what “other combusted…
Bipartisan Coalition of 31 State AGs Urge FDA to Deny Marketing Authorization for Non-Tobacco Nicotine Products
On June 10, a bipartisan coalition of 31 state attorneys general, led by Idaho, Illinois, Nebraska, and Pennsylvania, sent a letter to Food and Drug Administration (FDA) Commissioner Dr. Robert M. Califf, asking the agency to reject premarket tobacco product…
Deeming Regulations Litigation Update – FDA Files Status Report on Pending PMTAs for Popular Vapor Products
Status report concerns FDA’s review of 240 PMTAs submitted on or before September 9, 2020, for vapor products with larger market shares. FDA estimates that it will resolve most of these in the periods before July 2022 and from April…