On April 23, 2026, Maine became the first U.S. state to enact an extended producer responsibility (EPR) law that targets “electronic smoking devices” used to consume nicotine and cannabis. The Act to Create a Stewardship Program for Electronic Smoking Devices
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New FDA Guidance Clarifies Enforcement Discretion Policy for Certain ENDS and Nicotine Pouch Products
On May 8, the U.S. Food and Drug Administration (FDA) issued guidance that clarifies how the agency enforces premarket review requirements for certain electronic nicotine delivery system (ENDS) products and nicotine pouches with pending premarket tobacco applications (PMTAs).
Federal Court Finalizes Definition of FDA-Exempt Premium Cigars
State AGs Turn Up the Heat on Payment Processors Over Unauthorized E‑Cigarette Sales
On April 14, Iowa Attorney General (AG) Brenna Bird, leading a coalition of 13 state AGs, sent a pointed letter to Visa, Mastercard, American Express, and Discover. Their message was clear: payment networks are expected to help shut down the
FDA Issues Draft Guidance on Flavored ENDS PMTAs
On March 9, the U.S. Food and Drug Administration (FDA) released a draft guidance document describing the agency’s perspective on premarket tobacco product applications (PMTAs) for flavored electronic nicotine delivery systems (ENDS).
The document, titled “Flavored Electronic Nicotine Delivery Systems
Troutman Pepper Locke Tobacco + Nicotine Team to Attend Total Product Expo
Bryan Haynes and Agustin Rodriguez of Troutman Pepper Locke Tobacco + Nicotine team will attend the Total Product Expo show in Las Vegas, March 31 to April 2.
This show is a great opportunity for manufacturers, importers, distributors, retailers and
North Carolina Court Affirms Sealed Container Defense in Vape Battery Malfunction Case
The North Carolina Court of Appeals recently issued a decision strengthening the “sealed container” defense available to non‑manufacturing sellers in products liability cases. In Weaver v. AMV Holdings LLC, the court found in favor of a vape retailer and
Changes to California’s Prop 65 Warnings: Four Things Nicotine Product Sellers Should Know
California recently finalized changes to its Proposition 65 (Prop 65) warning rules that included significant changes to short-form warning statements for product labels. These changes directly affect nicotine‑containing products — including e‑cigarettes, e‑liquids, oral nicotine products, and other consumer goods
Cause for Optimism
Bryan Haynes and Agustin Rodriguez, partners in Troutman Pepper Locke’s Tobacco + Nicotine industry group, were quoted in the February 19, 2026 Convenience Store News article, “Cause for Optimism.”