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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...

 

HTMLFederal Bills Would Substantially Increase Tobacco Taxes and Allow New Taxes on Electronic Cigarettes
Bryan M. Haynes; Troutman Sanders LLP;
Legal Alert/Article
March 22, 2013, previously published on March 19, 2013
Two bills recently introduced in Congress would substantially increase federal excise taxes on tobacco products, and probably allow the imposition of new federal excise taxes on e-cigarettes.

 

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...

 

HTMLTakeaways from the TPE Show
Bryan M. Haynes; Troutman Sanders LLP;
Legal Alert/Article
March 22, 2013, previously published on March 19, 2013
We enjoyed seeing our friends and meeting new ones at the Tobacco Plus Expo show in Las Vegas on January 30-31. We also attended a meeting of electronic cigarette companies just before the show.

 

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...

 

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.

 

HTMLIdaho Supreme Court Considers Tribal Tobacco Dispute
Bryan M. Haynes; Troutman Sanders LLP;
Legal Alert/Article
February 1, 2013, previously published on January 29, 2013
A case currently pending before the Idaho Supreme Court could establish new precedent regarding a State’s authority to regulate tribal tobacco sales.

 

HTMLThe America Invents Act: The Big Lesson Learned in the First Year
Michael A. Mann; Nexsen Pruet, LLC;
Legal Alert/Article
February 1, 2013, previously published on January 2013
Since the Smith-Leahy America Invents Act (AIA) was signed into law on September 16, 2011, a handful of court decisions have turned on provisions of the act. While the full significance of this legislation on patent jurisprudence is far from manifest, one provision of the new law is having a...

 

HTMLTobacco Companies Appeal Unsuccessful Challenge to Local Ordinances
Bryan M. Haynes; Troutman Sanders LLP;
Legal Alert/Article
February 1, 2013, previously published on January 29, 2013
Several tobacco companies have recently appealed a federal trial court’s decision to uphold two local ordinances that ban certain promotional discounts and severely restrict flavored tobacco products.

 

HTMLAllocable Share Bill Again Introduced in Missouri
Bryan M. Haynes; Troutman Sanders LLP;
Legal Alert/Article
February 1, 2013, previously published on January 29, 2013
Missouri, the last remaining state in which nonparticipating manufacturers can obtain allocable share releases from their escrow payments, has again introduced legislation to repeal the release mechanism. The bill, Senate Bill 629, was introduced earlier this month.

 


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