Over the past two years, at least 15 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...more
7/25/2025
/ Appeals ,
E-Cigarettes ,
Enforcement Actions ,
Equal Protection ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Litigation Strategies ,
Penalties ,
Preemption ,
Public Health ,
Regulatory Requirements ,
Retail Market ,
Retailers ,
State Legislatures ,
Tobacco Regulations
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...more
7/22/2025
/ Appeals ,
Common Carriers ,
Department of Justice (DOJ) ,
E-Cigarettes ,
Enforcement Actions ,
Enforcement Authority ,
Interstate Commerce ,
Judicial Review ,
Native American Issues ,
PACT Act ,
Regulatory Authority ,
Retail Market ,
Shipping ,
Sovereign Immunity ,
State and Local Government ,
Tobacco Regulations ,
Tribal Governments
In the first major enforcement action involving the importation of illegal tobacco products by the new administration, and on the heels of the appointment of the new acting director of the U.S. Food and Drug Administration...more
5/30/2025
/ China ,
Customs and Border Protection ,
E-Cigarettes ,
Enforcement Actions ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Government Agencies ,
Imports ,
Intellectual Property Protection ,
Regulatory Requirements ,
Tobacco ,
Tobacco Regulations ,
Trademarks
Our colleagues recently wrote about 14 memoranda from the new U.S. Attorney General (AG) Pam Bondi to Department of Justice (DOJ) employees framing the DOJ’s current policies and enforcement priorities. In a memorandum...more
2/27/2025
/ ATF ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Enforcement Priorities ,
Executive Orders ,
PACT Act ,
Public Health ,
Regulatory Agenda ,
Regulatory Requirements ,
Tobacco ,
Tobacco Regulations
In what appear to be the first restrictions of their kind, the state of California and the city and county of Denver have adopted bans on flavored tobacco products that cover not only products containing tobacco and nicotine,...more
2/13/2025
/ California ,
Consumer Protection Laws ,
Enforcement Actions ,
Food and Drug Administration (FDA) ,
Local Ordinance ,
New Legislation ,
Public Health ,
Regulation ,
Regulatory Requirements ,
State and Local Government ,
Tobacco ,
Tobacco Regulations ,
Vaping
On January 21, the Supreme Court heard arguments in a case addressing who may challenge Food and Drug Administration (FDA) marketing denial orders for new tobacco products....more
2/4/2025
/ Administrative Procedure Act ,
Appeals ,
Arbitrary and Capricious ,
Constitutional Challenges ,
Enforcement Actions ,
Food and Drug Administration (FDA) ,
Judicial Authority ,
Marketing ,
Popular ,
Regulatory Requirements ,
Retail Sales ,
RJ Reynolds ,
SCOTUS ,
Tobacco ,
Tobacco Control Act (TCA) ,
Tobacco Regulations ,
Vaping ,
Venue
Yet again, the premium cigar industry has prevailed in federal court against the U.S. Food and Drug Administration (FDA). FDA appealed a federal district court decision vacating its rule (the Deeming Rule) subjecting premium...more
1/30/2025
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Department of Health and Human Services (HHS) ,
Enforcement Actions ,
Final Rules ,
Food and Drug Administration (FDA) ,
Public Health ,
Regulatory Requirements ,
Rulemaking Process ,
Tobacco ,
Tobacco Litigation ,
Tobacco Regulations
On January 15, the U.S. Food and Drug Administration (FDA) issued a proposed rule that would set a maximum nicotine level in combusted cigarettes and certain other combusted tobacco products....more
Bryan Haynes, a partner in Troutman Pepper Locke’s Tobacco + Nicotine Practice Group, was quoted in the January 10, 2025 Convenience Store News article, “Retailers Tap Into Pricing & Data to Boost Cigar Sales.”...more
1/14/2025
/ Data Collection ,
Enforcement Actions ,
Food and Drug Administration (FDA) ,
Marketing ,
Pricing ,
Regulatory Agenda ,
Retail Market ,
Retail Sales ,
Retailers ,
Tobacco ,
Tobacco Regulations
A consumer class action lawsuit has been filed in the U.S. District Court for the Southern District of New York against EVO Brands, LLC and PVG2, LLC, both doing business as Puff Bar. The lawsuit alleges that Puff Bar...more
10/18/2024
/ Antitrust Provisions ,
Class Action ,
E-Cigarettes ,
Enforcement Actions ,
Minor Children ,
New York ,
Product Labels ,
Public Health ,
Retail Market ,
Statutory Violations ,
Tobacco Regulations ,
Unfair or Deceptive Trade Practices
In August, North Carolina-based cigarette importer, King Maker Marketing Inc., challenged a decision by U.S. Customs and Border Protection (Customs) that rejected its claims for more than $11 million in drawback duties as...more
We have previously reported on the proliferation of tobacco product flavor bans imposed by localities and subsequent legal challenges throughout the U.S. See Oregon Court Upholds Local Tobacco Product Flavor Ban; Troutman...more
The Food and Drug Administration’s Center for Tobacco Products (“CTP”) has released a strategic plan intended to guide the Center’s activity for the next five years. While the strategic plan highlights the laudable goals of...more
In September, the U.S. Food and Drug Administration (FDA) issued two new rounds of warning letters to online retailers, manufacturers, and distributors for reportedly selling or distributing unauthorized e-cigarette products....more
10/2/2023
/ Distributors ,
E-Cigarettes ,
Enforcement Actions ,
Food and Drug Administration (FDA) ,
Manufacturers ,
Public Health ,
Regulatory Agenda ,
Retail Market ,
Retailers ,
Tobacco Regulations ,
Warning Letters