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Retail Sales

Troutman Pepper Locke

Supreme Court Weighs Vape Venue Dispute

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On January 21, the Supreme Court heard arguments in a case addressing who may challenge Food and Drug Administration (FDA) marketing denial orders for new tobacco products....more

Troutman Pepper Locke

Retailers Tap Into Pricing & Data to Boost Cigar Sales

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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.”...more

Troutman Pepper Locke

Vape Companies Challenge Iowa’s New Vape Directory Law

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On December 17, 2024, Iowans for Alternatives to Smoking & Tobacco, Inc., Global Source Distribution, LLC, and others filed a complaint and motion for a preliminary injunction in federal district court against the Iowa...more

Troutman Pepper Locke

Opportunities for the Trump Administration to Step Up Enforcement Against Unauthorized ENDS

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Throughout 2024, the U.S. Food and Drug Administration (FDA) endeavored to curb sales of unauthorized electronic nicotine delivery systems (ENDS) in the U.S. In light of persistent demand for flavored ENDS — nearly all of...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin - December 2024

BBB National Programs’ National Advertising Division (NAD) has found claims by skincare company Drunk Elephant, LLC that its products are “safe for kids and tweens to use” to be supported but recommended the company modify...more

IR Global

Euro falls as ECB cuts interest rates

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Pound (GBP) licks wounds following UK CPI - The pound (GBP) was mixed yesterday as a lack of new data left GBP investors to dwell on Wednesday’s consumer price index....more

Troutman Pepper Locke

Oregon Appeals Court Rules E-Cigarette Packaging Restrictions Unconstitutional

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In October, the Oregon Court of Appeals ruled that a law restricting the packaging of e-cigarettes violates the state constitution’s free speech protections. The decision illustrates the utility of free speech arguments...more

Troutman Pepper Locke

California AG Provides Update on State Tobacco Enforcement Efforts

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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...more

Farrell Fritz, P.C.

Foie Gras Faux Pas: City Runs A-fowl of State Farming Protections

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In City of New York v Ball, 2024 NY Slip Op 24179 [Sup Ct, Albany County 2024], the Albany County Supreme Court upheld a determination of the Commissioner (“Commissioner”) of the Department of Agriculture and Markets...more

Troutman Pepper Locke

ATF Rift With California Tribe Could Expand State Authority Over Tribal Tobacco Sales

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In June, the Bureau of Alcohol, Tobacco and Firearms (ATF) argued in federal court that the federal Prevent All Cigarette Trafficking (PACT) Act requires tribal retailers to obtain state licenses to sell cigarettes on their...more

IR Global

Pound stumbles as UK wage growth cools

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The pound ticked lower on Thursday as the UK’s latest jobs report revived the potential of a Bank of England (BoE) interest rate cut next month. Sterling remains on the back foot so far this morning, with GBP/EUR subdued...more

Adams & Reese

Tennessee Rolls Out New Licensing and Rules for CBD Products

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Technically, it is illegal to sell CBD in Tennessee without a license beginning today. The Tennessee Department of Agriculture states: “From July 1 until September 30, 2024, we will issue licenses and conduct outreach to...more

Troutman Pepper Locke

Massachusetts High Court Upholds Local Tobacco Sales Ban

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The Massachusetts Supreme Judicial Court (SJC) recently upheld, in a unanimous decision, the town of Brookline’s ordinance banning the sale of tobacco and e-cigarette products to anyone born after Jan. 1, 2000 (the Tobacco...more

Troutman Pepper Locke

More States Consider Establishing Vapor Product Directories

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We recently reported that several state legislatures are considering bills to establish vapor product directories this year — namely Florida, Indiana, Missouri, and Virginia. Throughout January and early February, similar...more

Troutman Pepper Locke

Multiple States Consider Establishing Vapor Product Directories

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This year, several state legislatures will consider bills to establish vapor product directories. Amid heightened scrutiny of illicit vapor products by the U.S. Food and Drug Administration (FDA), these product directory...more

WilmerHale

FINRA’s 2024 Annual Regulatory Oversight Report: What Broker-Dealers Need to Know

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On January 9, 2024, the Financial Industry Regulatory Authority published its 2024 FINRA Annual Regulatory Oversight Report. Previously titled Report on FINRA’s Examination and Risk Monitoring Program, the Report is released...more

Seyfarth Shaw LLP

FTC Targets Bait-And-Switch Tactics And Hidden Fees With Rule For New Car Dealers

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After more than a year of review, the Federal Trade Commission (FTC) on December 12, 2023 launched its much-anticipated final rule targeting misleading advertising and sales tactics by new car dealers. First proposed in the...more

Knobbe Martens

Flavored E-cigarette Manufacturers Face Regulatory Challenges

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Manufacturers of e-cigarettes find themselves in a challenging regulatory environment to obtain U.S. Food and Drug Administration (FDA) marketing approval of flavored products.  On October 12, 2023, the FDA denied premarket...more

Troutman Pepper Locke

FDA Warns 189 Retailers of Elf Bar and Esco Bar Vapes Regarding Unauthorized Sales

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FDA recently announced the issuance of warnings letters to 189 retailers found to be selling unauthorized tobacco products, specifically Elf Bars and Esco Bars....more

Troutman Pepper Locke

Congress Urges FDA to Complete Its Review of E-Cigarette Applications

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On June 8, more than 50 members of Congress signed a letter addressed to Food and Drug Administration (FDA) Commissioner Dr. Robert Califf, expressing concerns over FDA’s delays in reviewing pending Premarket Tobacco Product...more

Brownstein Hyatt Farber Schreck

State AGs and the INFORM Consumers Act: Key Takeaways

With a new law on the books aiming to protect consumers from fraudulent online sales, it’s a good time for online marketplaces, third-party sellers and retailers to reexamine their compliance programs and relationships with...more

Rivkin Radler LLP

Sotheby’s N.Y. Sales Tax “Woes” Revisited

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A Dirty Business? The art world is replete with tales of whodunits, forgeries, thefts, money laundering, looting of antiquities, murders, ancient curses, etc. You might say it’s a perfect environment for the more...more

Shipkevich PLLC

California DFPI Proposes Regulation to Implement Registration Requirements for Entities Covered Under California Consumer...

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The California Consumer Financial Protection Law (“CCFPL”), established in September of 2020 under Governor Newsom, augmented the Department of Financial Protection & Innovation’s (“DFPI”) authoritative ability by increasing...more

Hogan Lovells

[Webinar] Retail buzz: A coffee chat with the Hogan Lovells NY team - January 24th, 8:30 am - 9:00 am EST

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Join the Hogan Lovells New York Retail team over a cup of coffee (or tea) on Tuesday, 24 January 2023 as we explore the most recent and important issues and trends in the retail industry. Our new series will offer...more

Rivkin Radler LLP

NJ Publishes Guidance on Cannabis Sales & Use Tax and Social Equity Excise Fee

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The New Jersey Division of Taxation recently provided guidance on registration and licensing requirements, Social Equity Excise Fees, and the Sales & Use tax applicable to companies operating in the cannabis industry. ...more

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