News & Analysis as of

Tobacco Regulations

FDA Announces Major Tobacco Regulatory Policy Shift; Will Address Lowering Nicotine to Non-Addictive Levels, Delay Marketing...

On July 28, 2017, the U.S. Food and Drug Administration (FDA or the Agency) announced a new, comprehensive plan for tobacco and nicotine regulation that will place nicotine, and the issue of addiction, at the center of the...more

Under the Dome: Inside the Maine State House

by Pierce Atwood LLP on

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Legislature Met on July 20 to Consider Bond Bills, Items from Special Appropriations Table - After...more

Tobacco companies sue state for cigarette fee

by GableGotwals on

The tobacco fee’s critics warned that the state might get sued because of the measure, and they were right. Tobacco companies filed a lawsuit Wednesday to argue the measure is unconstitutional. Tobacco giant Phillip Morris...more

FDA Begins Reorganization that Will Affect How it Regulates Medical Technology

by Hogan Lovells on

What impact will the U.S. Food and Drug Administration’s significant reorganization efforts have on how the agency regulates medical technology? The agency is reorganizing the Office of Regulatory Affairs (ORA) and combining...more

2017 Vermont Legislative Session | The Year in Review - DRM's Government & Public Affairs Team Final Analysis

by Downs Rachlin Martin PLLC on

A May 18th adjournment brought to a close the first half of the 74th biennial session of the Vermont General Assembly. Drama awaits as Gov. Phil Scott has threatened to veto H.518, the fiscal year 2018 budget, over an...more

FDA Delays Effective Date of Amended Regulations Affecting "Intended Use" Definition

by Jones Day on

One day before the final rule, "Clarification of When Products Made or Derived From Tobacco Are Regulated as Drugs, Devices, or Combination Products; Amendments to Regulations Regarding 'Intended Uses,'" would have taken...more

Task Force Report: Branding and Packaging of Cannabis

by Bennett Jones LLP on

In this edition of our series on the Task Force’s final report "A Framework for the Legalization and Regulation of Cannabis in Canada" (the "Report") we explore the Task Force’s recommendations in relation to advertising,...more

News from the Vermont Statehouse An - Analysis from DRM’s Government & Public Affairs Team - March 2017 #2

by Downs Rachlin Martin PLLC on

The House Ways and Means Committee is considering a proposal from the Vermont Department of Taxes to reduce the amount of use tax a person can pay without providing records to prove his or her tax liability. The rate would...more

Popularity of Vapes Draws Attention of Big Tobacco

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

Reminder: Cigar Warning Statements and Warning Plans

by Roetzel & Andress on

The Deeming Regulations enacted by the Food and Drug Administration (FDA) on May 10, 2016, expanded the agency’s tobacco regulatory authority to cigars and certain other tobacco products. Among the regulatory provisions made...more

FDA Issues Proposed Tobacco Product Standard for N-Nitrosonornicotine (NNN) in Finished Smokeless Tobacco Products

by Roetzel & Andress on

On January 23, 2017, the Food and Drug Administration (FDA) issued a proposed tobacco product standard that would establish a limit of N-nitrosonornicotine (NNN) in finished smokeless tobacco products not to exceed 1.0...more

FDA Clarifies “Intended Use” for Drugs, Devices, and Tobacco Products

by McDermott Will & Emery on

In its Clarification of When Products Made or Derived From Tobacco Are Regulated as Drugs, Devices, or Combination Products; Amendments to Regulations Regarding “Intended Uses” (Final Rule), FDA codifies its long-standing...more

City bylaw prohibiting hookah smoking in licensed businesses for health and safety reasons is valid: Court

by Dentons on

The City of Toronto Council had the legal authority to make a by-law that prohibited hookah smoking in licensed establishments, an Ontario judge has decided, given the city’s valid health and safety concerns....more

FDA Proposes to Modify Good Laboratory Practice Regulations, Broaden Application and Authority

by McDermott Will & Emery on

On August 24, 2016, the US Food and Drug Administration (FDA) issued a Proposed Rule on Good Laboratory Practice for Nonclinical Laboratory Studies (Proposed Rule), which broadens the application and authority of Good...more

New Workplace Smoking Prohibitions Include E-Cigarettes

by Ervin Cohen & Jessup LLP on

So you think vaping is the key to reducing workplace stress? Think again. Senate Bill 5 expands no smoking prohibitions to include e-cigarettes (vaping) and expands the definition of “tobacco products” to include all forms...more

E-Cigarette Makers Contending with New CPSC and FDA Regulations

Products like e-cigarettes and other electronic nicotine delivery systems (ENDS) have been under intense scrutiny in recent years from public health officials, legislators at all levels of government, and many other...more

New Changes to Florida Beverage Laws Started July 1st

Changes to Florida’s Beverage Laws have drawn attention and controversy over recent years as groups ranging from small craft breweries to major retail vendors have lobbied for legislative amendments to the State’s...more

Legal Update: Regulation of E - Cigarettes

by Barley Snyder on

On May 5, 2016, the federal Food and Drug Administration (FDA) announced new regulations governing the sale of e-cigarettes, hookahs, dissolvable tobacco, pipe tobacco, cigars and other tobacco products (ENDS). The new rule...more

FDA Regulation of E-Cigarettes: The What, When, and Warnings

by Stinson Leonard Street on

On May 10, 2016, the Food and Drug Administration (FDA) issued a final rule extending its regulation of "tobacco products" to include electronic cigarettes and similar products, sometimes called Electronic Nicotine Delivery...more

FDA to Regulate E-Cigarettes, Cigars and Other Tobacco Products

by Latham & Watkins LLP on

Manufacturers and retailers must receive premarket authorization for newly deemed tobacco products and comply with other requirements related to FDA’s long-anticipated deeming rule. On May 10, 2016, the U.S. Food and...more

FDA New e-Cig Rules Raise Issues for Traditional and Digital Ad Platforms

The long awaited FDA regulations “deeming” e-cigarettes a tobacco product have, at last been issued and were published in the Federal Register earlier this week. While they may have answered some questions, they also leave...more

Tobacco Cases Expose Tension Between Antitrust and Public Health

A recent decision of the European Court of Justice (“ECJ”) regarding the sale of tobacco products highlights a long-standing tension between two sets of laws: antitrust/competition laws, which seek to keep products affordable...more

Put me in coach, I’m ready to play … now without smokeless tobacco

Last week, the oldest of the four major professional American sports leagues began its 147th season. Long before current day Major League Baseball (MLB) was founded in the late 1860’s, baseball was played. And virtually...more

Tobacco and the Legal Age of Smoking

Will California’s Move Cause Other States to Raise the Legal Smoking Age? The phrase “Go west, young man,” in American jargon can be traced back to the mid-1800s, when westward expansion began . And for raising the...more

Watch out for Exploding E-Cigarettes

by Varnum LLP on

In an effort to quit smoking and avoid the health dangers of tobacco, many people across the country are turning to electronic cigarettes, or e-cigs. In most basic terms, e-cigs work by heating a fluid placed into a small...more

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