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Tobacco Law Blog

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By: Troutman Pepper Hamilton Sanders LLP

Blog Authors

Troutman Pepper Tobacco Practice
Lindsay J. Austin
Christopher W. Baxter
Chris Carlson
Robert Claiborne
Molly DiRago
Matt Fay
Paige Fitzgerald
Bryan Haynes
Michael Jordan
Rachel Miklaszewski
Dascher Pasco
Stephen C. Piepgrass
Nick Ramos
Agustin Rodriguez
Christina Sava
Thomas C. Tilton

Latest from Tobacco Law Blog

Tobacco Law Blog

State Taxation of Remote Sellers: US Supreme Court Declines Review of First Post-Wayfair Decision from a State Supreme Court

By Bryan Haynes, Agustin Rodriguez, Robert Claiborne & Nick Ramos
August 15, 2022

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…

Tobacco Law Blog

Minnesota Department of Revenue Revokes and Replaces Guidance on Remote Sellers’ Tobacco Tax Responsibilities

By Troutman Pepper Tobacco Practice, Robert Claiborne, Nick Ramos, Bryan Haynes & Agustin Rodriguez
August 10, 2022

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,…

Tobacco Law Blog

Iowa Attorney General Brings Suit Against Participating Manufacturers to the Master Settlement Agreement

By Troutman Pepper Tobacco Practice, Christina Sava, Agustin Rodriguez & Chris Carlson
August 9, 2022

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…

Tobacco Law Blog

Deeming Regulations Litigation Update – FDA Files Second Status Report on Pending Vapor Products PMTAs

By Troutman Pepper Tobacco Practice, Robert Claiborne, Bryan Haynes & Agustin Rodriguez
July 29, 2022

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…

Tobacco Law Blog

Industry Comments Loom Large in DC Court, Finding FDA Regulation of Premium Cigars “Arbitrary and Capricious”

By Troutman Pepper Tobacco Practice, Michael Jordan & Bryan Haynes
July 12, 2022

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…

Tobacco Law Blog

Troutman Pepper Tobacco Team Quoted in Bloomberg Law Article Regarding FDA Proposals to Ban Menthol in Cigarettes and Flavors in Cigars

By Troutman Pepper Tobacco Practice & Bryan Haynes
July 5, 2022

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…

Tobacco Law Blog

Troutman Pepper Tobacco Team Quoted in Law360 Article Regarding FDA’s Proposal to Mandate Lower Nicotine in Cigarettes

By Troutman Pepper Tobacco Practice & Bryan Haynes
July 5, 2022

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…

Tobacco Law Blog

FDA Set to Propose Maximum Nicotine Level in Cigarettes

By Troutman Pepper Tobacco Practice, Nick Ramos, Agustin Rodriguez & Bryan Haynes
June 24, 2022

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…

Tobacco Law Blog

Bipartisan Coalition of 31 State AGs Urge FDA to Deny Marketing Authorization for Non-Tobacco Nicotine Products

By Troutman Pepper Tobacco Practice, Michael Jordan, Chris Carlson, Agustin Rodriguez & Bryan Haynes
June 16, 2022

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…

Tobacco Law Blog

Deeming Regulations Litigation Update – FDA Files Status Report on Pending PMTAs for Popular Vapor Products

By Troutman Pepper Tobacco Practice, Robert Claiborne, Bryan Haynes & Agustin Rodriguez
June 13, 2022

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…

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