Bryan Haynes, head of Troutman Pepper Locke’s Tobacco + Nicotine practice, was quoted in the September 24, 2025 Bloomberg Law article, “Tobacco Industry Fights Biden’s Proposed Cigarette Nicotine Cut.”
Latest from Tobacco Law Blog - Page 3
California Finalizes Unflavored Tobacco List Regulations
In August, the California Department of Justice (DOJ) finalized regulations to implement California’s unflavored tobacco list (UTL) law, which the state enacted in 2024. The new regulations include detailed filing requirements for manufacturers and importers to have their tobacco products
Feds Seize Illegal E-Cigarettes Worth Millions
In May, we wrote about the Trump administration’s first major enforcement action involving the importation of unauthorized e-cigarettes, in which the U.S. Food and Drug Administration (FDA) and U.S. Customs and Border Protection (CBP) seized products valued at nearly $34
Drawback Claims Are Increasingly a Boon for Cigarette Importers
Importers of smoking tobacco products, particularly cigarettes, are increasingly saving millions in federal excise taxes by employing a refund mechanism known as the “drawback.”
High Court E-Cig Ruling Opens Door For FDA Challenges
This article was originally published on August 29, 2025 on Law360 and is republished here with permission.
On June 20, in U.S. Food and Drug Administration v. R.J. Reynolds Vapor Co., the U.S. Supreme Court concluded that marketing denial orders
FDA Sued Over Years-Long Internal Review of Flavored ENDS MDO
On August 21, 2025, NJOY, LLC (NJOY), a subsidiary of Altria Group, Inc., sued the U.S. Food and Drug Administration (FDA), alleging that the agency has unlawfully delayed rendering a decision on supervisory review of its June 2022 marketing denial
Court Denies Indian Tribe’s Injunction Request Pending Appeal in PACT Act Case
FDA Tobacco Civil Money Penalty Provisions Ruled Unconstitutional, But Not Enjoined Nationwide
In early August, the U.S. District Court for the Northern District of Texas ruled that the civil money penalty (CMP) provision in the Food, Drug, and Cosmetic Act (FDCA) for tobacco products, 21 U.S.C. § 333(f)(9), is unconstitutional. Specifically, the
Are State ENDS Directories Preempted? Federal Courts Are Split
Over the past two years, at least 14 states have enacted laws requiring manufacturers of electronic nicotine delivery systems (ENDS) to certify the status of their federal premarket tobacco product applications (PMTAs) in order to be sold in the state.
Indian Tribe Fights With ATF Over Applicability of PACT Act to Its Cigarette Sales
In 2023, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) placed Twenty-Nine Palms Band of Mission Indians (Twenty-Nine Palms), a federally recognized Indian tribe that sells cigarettes on sovereign reservations in California, on the Prevent All Cigarette Trafficking Act’s