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HTMLUp in Smoke (or Vapor, as the Case May Be)
David B. Clissold; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
September 24, 2013, previously published on September 22, 2013
Last week, House Democrats and a consortium of public health organizations turned up the heat on FDA to issue “deeming” regulations that would bring electronic cigarettes and other types of tobacco products under the Agency’s jurisdiction. The Family Smoking Prevention and Tobacco...

 

HTMLLorillard Tobacco Company First to Cross the Substantial Equivalence Finish Line
David B. Clissold; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
July 2, 2013, previously published on June 27, 2013
Earlier this week, FDA’s Center for Tobacco Products ("CTP") released its first determinations regarding the marketing of new tobacco products through the substantial equivalence (SE) pathway. CTP authorized the marketing of two new tobacco products and denied the marketing of four...

 

HTMLHouse Appropriations Committee Report Expresses Concerns About FDA; Would Require a Slew of New Action Deadlines
Kurt R. Karst; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
June 14, 2013, previously published on June 12, 2013
A Draft Committee Report made available by the U.S. House of Representatives Committee on Appropriations that would, once finalized, accompany the Fiscal Year 2014 Agriculture/FDA Apprropriations bill (currently available as a Full Committee Draft), lays out a laundry list of concerns and new...

 

HTMLKentucky: Out-Of-State, Out Of Mind - Taxpayers May Be Exempt from Personal Property Taxes on Property to Be Shipped Out-Of-State
David M. Kall, Susan Millradt McGlone, Jeremy J. Schirra; McDonald Hopkins LLC;
Legal Alert/Article
May 27, 2013, previously published on May 23, 2013
In Pinkerton Tobacco Company LP v. Department of Revenue, File No. K11-R-20, Order No. K25033 (March 27, 2013), the Kentucky Board of Tax Appeals (Board) ruled on whether inventory stored at a Kentucky warehouse qualified for the state property tax exemption for inventory-in-transit as set forth in...

 

HTMLTrial Court Erred by Excluding Defense Expert Testimony on Cigarette Smoking As Contributing to Plaintiff’s Lung Cancer
Colleen K. O'Brien; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
May 17, 2013, previously published on May 2013
Defendant/Appellant, the Wallace & Gale Settlement Trust (“Wallace & Gale”), appealed verdicts rendered against it by a jury sitting in the Circuit Court for Baltimore City, as to claims of survival and wrongful death in four cases consolidated for trial. One of the issues on...

 

HTMLMinnesota Bills Would Tax Little Cigars as Cigarettes
Bryan M. Haynes; Troutman Sanders LLP;
Legal Alert/Article
March 22, 2013, previously published on March 19, 2013
Companion bills recently introduced in the Minnesota legislature would tax little cigars at the same rates as cigarettes.

 

HTMLFDA Considers Smokeless Tobacco Warnings
Bryan M. Haynes; Troutman Sanders LLP;
Legal Alert/Article
March 22, 2013, previously published on March 19, 2013
The Tobacco Control Act requires specific health warnings for smokeless tobacco products. The packaging and advertising of smokeless tobacco products must contain one of the following four specified warning statements:

 

HTMLTribal Manufacturer Loses Bid to Avoid Federal Excise Taxes Based on Treaty
Bryan M. Haynes; Troutman Sanders LLP;
Legal Alert/Article
March 22, 2013, previously published on March 19, 2013
In July 2012, the United States filed a complaint against King Mountain Tobacco, a manufacturer of cigarettes and roll-your-own cigarette tobacco, in the United States District Court for the Eastern District of Washington for unpaid federal tobacco excise taxes. The United States alleged that King...

 

HTMLUpdate on NPM Fee Legislation - Mississippi, Florida and Texas
Bryan M. Haynes; Troutman Sanders LLP;
Legal Alert/Article
March 22, 2013, previously published on March 19, 2013
We reported last month on a bill in Mississippi that would have nearly doubled the fee applicable to non-signatories to the state’s tobacco settlement agreement. We can now report that the bill has died in committee, and it therefore appears that the fee will remain at its current rate of 27...

 

HTMLCourt of Appeals Upholds New York City Flavor Ban
Bryan M. Haynes; Troutman Sanders LLP;
Legal Alert/Article
March 22, 2013, previously published on March 19, 2013
On February 26, 2013, the United States Court of Appeals for the Second Circuit affirmed the Southern District of New York’s ruling upholding a New York City local ordinance that prohibits the sale of flavored tobacco products, including smokeless tobacco, anywhere in the city other than at...

 


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