On October 7, 2019, Illinois Congressman Raja Krishnamoorthi introduced the “Ending Nicotine Dependence from Electronic Nicotine Delivery Systems Act of 2019” (or “END ENDS Act”), which was referred to the House Committee on Energy and Commerce. According to the bill, the Act would “amend the Federal Food, Drug, and Cosmetic Act to establish a tobacco product standard prohibiting any e-liquid with a concentration of nicotine higher than 20 milligrams per milliliter” in an attempt…

On October 23, 2019, the Appeals Court of Massachusetts upheld the decision (which was the subject of a previous blogpost) of the Superior Court of Massachusetts requiring the lifting of the State’s vapor products ban on October 28th.  The State had filed a motion for stay pending appeal of the Superior Court’s order entered on 10/21/19  concerning the plaintiffs’ motion for a preliminary injunction. The industry plaintiffs opposed that motion and also challenged the…

On October 21, 2019, the Massachusetts Superior Court for Suffolk County preliminarily enjoined the State – from and after October 28, 2019 – from implementing and enforcing the ban as to “nicotine-vaping products” unless and until the executive branch promulgated the regulation in accordance with Massachusetts due process requirements.  The court allowed the ban to continue with respect to “products containing tetrahydrocannabinol (THC) and any other cannabinoid or to black market products.” …

The Troutman Sanders Tobacco Team will attend a meeting at the Food and Drug Administration Center for Tobacco Products on “Deemed Tobacco Product Applications” October 28-29, 2019. The meeting is intended to provide information on the agency’s expectations for tobacco product applications, with a particular focus on deemed tobacco products, including electronic nicotine delivery systems, cigars, pipe and waterpipe. …

The Troutman Sanders Tobacco Team will attend the Food and Drug Law Institute Tobacco and Nicotine Products Regulation and Policy Conference in Washington, D.C. October 24-25, 2019. A diverse group of stakeholders, including manufacturers, governmental agencies, researchers and public health advocates, will meet to discuss effective regulation of the broad spectrum of tobacco and nicotine products.  FDA’s Center for Tobacco Products Director Mitch Zeller will provide an update on regulations, guidance documents and other initiatives. …

Flavored vapor product bans in two States were temporarily stayed this week.  On Tuesday, October 15, 2019, a Michigan state judge temporarily blocked the State’s emergency ban on flavored vapor products, which went into effect earlier this month.  The plaintiffs were two vapor product retailers and an individual owner.  In addition to presenting evidence that the ban had significantly hurt their businesses (resulting in the complete shutdown of one of the companies’ business), the plaintiffs…

TMA and Vapor Voice recently held their “Finding Direction: Navigating PMTAs” seminar and virtual workshop, which was hosted by Troutman Sanders at its Richmond, Virginia office on August 22, 2019. The seminar was moderated by Jim Solyst, the Vice President of Federal Government Affairs at Swedish Match North America. Speakers included Troutman Sanders Partner Bryan Haynes, Kevin Burd, CEO North America Nicotine, Josh Church, Chief Regulatory & Compliance officer at JWEI Group, Mike Ogden, Sr.…