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Jan 20, 2025 | 
jdsupra.com | Zie Alere |Bryan Haynes |Agustin Rodriguez
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.
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Jan 14, 2025 | 
jdsupra.com | Bryan Haynes
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.”Looming in the background of all tobacco declines is regulation, and cigars are no exception — at least not yet. Banning flavored cigars is still very much in play, although there has been no recent federal update.
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Nov 11, 2024 | 
jdsupra.com | Bryan Haynes |Nicholas Ramos
Last month, California Attorney General (AG) Rob Bonta announced the awardees for the 2024-2025 Tobacco Grant Program, a program spearheaded by the California Department of Justice (DOJ) that aims to support local law enforcement agencies in their efforts to reduce illegal tobacco sales and usage, particularly among minors. Bonta also provided an update on “Operation Up in Smoke,” a comprehensive law enforcement operation targeting illegal tobacco sales.
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Oct 18, 2024 | 
jdsupra.com | Bryan Haynes |Nicholas Ramos
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 violated state consumer protection laws by engaging in deceptive marketing practices aimed at youth, and by misleading consumers about the legality and safety of their synthetic nicotine e-cigarettes.
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Oct 14, 2024 | 
jdsupra.com | Bryan Haynes |Michael Jordan
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 untimely. Under U.S. Customs laws, importers who pay duties, including federal excise taxes on cigarettes and other tobacco products, can seek a refund or “drawback” of those duties when the products are subsequently exported or destroyed.
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Sep 30, 2024 | 
jdsupra.com | Zie Alere |Bryan Haynes |Michael Jordan
In September, the U.S. Food and Drug Administration (FDA) told industry that it would begin enforcing the agency’s cigarette graphic warning rule in December 2025 in an enforcement policy outlined in a short guidance document. Although a federal district court previously found the rule unconstitutional, an appeals court reversed that decision and the final rule is now in effect.
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Sep 25, 2024 | 
jdsupra.com | Christopher Carlson |Bryan Haynes |Nicholas Ramos
Earlier this month, 20 Democratic state attorneys general (AG) filed an amicus brief supporting the U.S. Food and Drug Administration’s (FDA) marketing denial orders (MDOs) of premarket tobacco applications (PMTAs) for flavored electronic nicotine delivery systems (ENDS or e-cigarettes) currently under review by the U.S. Supreme Court. The brief not only demonstrates which side these states support, but also identifies specific enforcement priorities for these states.
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Sep 17, 2024 | 
jdsupra.com | Zie Alere |Bryan Haynes |Agustin Rodriguez
In August, the U.S. Food and Drug Administration (FDA) issued a new proposed rule that would require importers of electronic nicotine delivery system (ENDS) products to provide an FDA-issued submission tracking number (STN) to U.S. Customs and Border Protection (CBP) for imports of such products. This rule could result in the denial of entry for ENDS imports for which the manufacturer has not submitted a premarket tobacco product application (PMTA) to FDA.
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Aug 28, 2024 | 
jdsupra.com | Zie Alere |Bryan Haynes |Agustin Rodriguez
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 (FDA) from requiring graphic warnings on cigarette packs.
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Aug 27, 2024 | 
lexology.com | Bryan Haynes |Zie Alere |Agustin Rodriguez
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 (FDA) from requiring graphic warnings on cigarette packs.
