12 Days of Regulatory Insights: Day 9 - Trends in the Tobacco Industry — Regulatory Oversight Podcast
2022 Significant Developments in the Tobacco Industry and What to Expect in 2023 (Part Two) - Regulatory Oversight Podcast
On June 20, the Supreme Court concluded that marketing denial orders (MDOs) issued by the Food and Drug Administration (FDA) can be challenged not only by the applicants (typically, the manufacturer or importer of the...more
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
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
On January 21, 2025, the morning after the presidential inauguration, the U.S. Supreme Court will hear oral arguments in FDA v. R.J. Reynolds Vapor Company, an e-cigarette case where the Court will decide whether tobacco...more
Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •New California Law Gives Teeth to Flavored Tobacco Ban - ...more
Billions of dollars are spent each year on tobacco marketing expenditures. With the increasing use of e-cigarette products, businesses may feel tempted to expand their marketing to other audiences, including minors. ...more
In August, a group of tobacco companies filed a petition for certiorari at the U.S. Supreme Court, seeking review of a lower court’s holding that the First Amendment does not prohibit the U.S. Food and Drug Administration...more
In August 2023, Judge Amit P. Mehta of the U.S. District Court for the District of Columbia partially vacated a Food and Drug Administration (FDA) rule that had “deemed” premium cigars subject to the Federal Food, Drug, and...more
We recently reported that several state legislatures are considering bills to establish vapor product directories this year — namely Florida, Indiana, Missouri, and Virginia. Throughout January and early February, similar...more
In early January, the U.S. Court of Appeals for the Fifth Circuit, sitting en banc in Wages & White Lion Investments, L.L.C. v. U.S. Food & Drug Administration, held that the U.S. Food and Drug Administration’s (FDA)...more
This year, several state legislatures will consider bills to establish vapor product directories. Amid heightened scrutiny of illicit vapor products by the U.S. Food and Drug Administration (FDA), these product directory...more
Recent Freedom of Information Act (FOIA) litigation raises an interesting question: When federal agency action requires analyses under a holistic, multi-factor statutory standard, may the agency withhold from disclosure as...more
The U.S. Food and Drug Administration (the FDA) issued marketing denial orders (MDOs) to JUUL Labs for all of its products currently marketed in the United States. As a result of this MDO, JUUL must stop selling and...more
A bipartisan coalition of AGs from 27 states, the District of Columbia, and three territories has called on the FDA to deny marketing authorization for non-tobacco nicotine products (NTNs) which are currently marketed without...more
Some cigarette pack labels may soon feature the phrases “95% less nicotine,” “helps reduce your nicotine consumption,” and “… greatly reduces your nicotine consumption.” On December 23, 2021, the Food and Drug Administration...more
Recently, the Alcohol and Tobacco Tax and Trade Bureau (TTB) issued an update to its existing public guidance on personalized labels. The current update clarifies the process for obtaining an approved COLA for personalized...more
What exactly causes cancer? That may be, recent news reports indicate: - a question that’s heading into the billion-dollar range for a Big Pharma firm; - a painful conundrum for a Major League Baseball...more
Industry Uses Old Strategies on New Products - Electronic cigarettes have boomed into a $5-billion-a-year business expected to expand by nearly 25 percent in 2018. Not surprisingly, Big Tobacco is clamoring to corner the...more
A doctor at his desk takes a drag off a Camel, deliberately deceiving the public about the dangers of the drug. Fred Flintstone fires up a Winston in front of Wilma and rattles off the company’s slogan, “Winston tastes...more
Statistics on smoking released by the Centers for Disease Control and Prevention show Big Tobacco relentlessly pursuing almost every facet of society to get consumers to light up. The cigarette industry targets children,...more
I want “all natural” in everything I consume. Why? Because it is better for you. Right? What does natural mean to us? “Unaffected”, “genuine”, “native” “natural”. All clean feeling words that provide the impression that...more
On March 16, the federal Alcohol and Tobacco Tax and Trade Bureau (TTB) published a list of frequently asked questions expanding further on a ruling issued in February on application of the federal “tied house law” to...more