News & Analysis as of

Tobacco Advertising

Fox Rothschild LLP

Minnesota Attorney General Takes Action Against Businesses that Market Nicotine Products to Minors

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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

Troutman Pepper

Industry Urges SCOTUS to Consider FDA Graphic Cigarette Warnings

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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

Williams Mullen

2024 Virginia General Assembly New Alcoholic Beverage Control and Tobacco/Vape Laws

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The Virginia General Assembly concluded its 2024 legislative session in March which included changes to Alcoholic Beverage Control (ABC) law and some changes to tobacco, vaping and electronic cigarette regulation. These...more

Troutman Pepper

What’s at Stake for the Premium Cigar Industry as DC Circuit Considers FDA Appeal?

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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

Troutman Pepper

TTB Seeking Comment on Potential Changes to Trade Practice Regulations

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On August 2, 2021 and March 3, 2022 we reported on Executive Order 14036 (E.O. 14036) and the subsequent Treasury report entitled, “Competition in the Markets for Beer, Wine, and Spirits” (Report), which, among other things,...more

Troutman Pepper

FTC Releases Second Report on E-Cigarette Sales and Advertising in the US

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In a recent press release, the Federal Trade Commission (FTC) issued its second e-cigarette report, analyzing domestic sales and marketing trends for the years 2019 and 2020. While FTC has issued a similar report for...more

Nilan Johnson Lewis PA

Federal Courts Turn Away Challenges to FDA's e-Cig Regulations

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On Monday, December 16, 2019, the U.S. District Court for the Southern District of Mississippi granted the U.S. Food and Drug Administration’s motion to dismiss a lawsuit filed by trade organization United States Vaping...more

Patrick Malone & Associates P.C. | DC Injury...

Big Pharma flinches in opioids suits: a J&J loss in Okla. and a Sackler bid

Big Pharma has hit at least two pain points of potential significance as government officials and trial lawyers work to hold drug makers accountable for at least some of the carnage caused by prescription painkillers....more

Husch Blackwell LLP

FDA Proposes New Health Warning For Cigarette Packages And Advertisements

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Yesterday, the U.S. Food and Drug Administration (FDA) issued a proposed rule that would require health warnings on cigarette packages and advertising. The warnings include color images depicting some of the lesser-known...more

Patrick Malone & Associates P.C. | DC Injury...

When Juul won ‘nicotine arms race,’ did it ace out FDA regulatory threats, too?

Punked, dunked, and owned — if you’re young enough, that’s how you say your team has crushed a competitor. The lingo might well describe, too, the situation for now between e-cigarette maker Juul and Scott Gottlieb,...more

McDermott Will & Emery

FDA 2018 Year in Review

INTRODUCTION - The US Food and Drug Administration’s (FDA’s) 2018 regulatory agenda spurred significant activity throughout the year, including implementation of several initiatives and mandates required by the 21st...more

McDermott Will & Emery

FDA 2017 Year in Review

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The US Food and Drug Administration’s (FDA’s) 2017 regulatory agenda was marked by inactivity in the months following the presidential inauguration. Since FDA Commissioner Scott Gottlieb’s Senate confirmation in May 2017, the...more

McDermott Will & Emery

TTB Updates to the Semi-Annual Regulatory Agenda

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Last week in its regular newsletter, Alcohol and Tobacco Tax and Trade Bureau (TTB) announced updates to the Fall edition of the semi-annual Unified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda)....more

McDermott Will & Emery

TTB Issues Updated Guidance on Personalized Labels

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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

Searcy Denney Scarola Barnhart & Shipley

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

Searcy Denney Scarola Barnhart & Shipley

Big Tobacco Still Manipulating into the 21st Century

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

Searcy Denney Scarola Barnhart & Shipley

Tobacco Marketing Has a Harmful Impact on Society

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

Searcy Denney Scarola Barnhart & Shipley

American Spirit Cigarettes — Reduced Risk Marketing Pitch

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

McDermott Will & Emery

Tied House Laws and Category Management: A Continuing Quandary

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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

Searcy Denney Scarola Barnhart & Shipley

Severe Burn Injuries Caused By Exploding E-Cigarettes

Gone are the days when smoking cigarettes was universally viewed as a sign of strength, sexiness or sophistication. The tobacco industry’s effective—and deceitful—advertising campaign rolled out over the last century finally...more

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