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Tobacco, Vapor, and Emerging Products

Overview

Bingham Greenebaum Doll LLP's Tobacco and Vapor Team draw upon their experience and breadth of knowledge to assist clients in the Tobacco, Vapor, and Emerging Products industries. Our skilled attorneys have counseled large and small manufacturers, distributors, and retailers of tobacco and vapor products through permitting, licensing, tax issues, regulatory issues, litigation, product liability matters, and trademark matters

With more than 25 years of industry experience, Mark A. Loyd - BGD's Tax Department Chair, leads the team and can help address your needs including Tobacco Tax and Trade Bureau permitting and rules, state licensing, taxes on tobacco and vapor products, Tobacco Master Settlement Agreement (MSA) matters, and tobacco and vapor company general counsel advice. Christie A. Moore focuses on Tobacco MSA litigation and white collar crime defense. Brad Hasler keeps abreast of FDA laws and regulations. Melissa Norman Bork - Product Liability Team Leader, David O. Tittle, John McCauley, and Jesse A. Mudd can help proactively mitigate litigation and product liability risk and defend against claims. Brian W. Chellgren, BGD's Intellectual Property Group Chair, assists clients with licensing and acquiring intellectual property and negotiating relationships with their contractual partners.

Whatever your tobacco, vapor, or emerging product needs, we can help your company stay in compliance with federal and state laws and regulations, resolve complex issues, and proactively anticipate and mitigate potential issues governing the manufacture, sale, and distribution of tobacco and vapor products, as well as, emerging products. Vaping products, for example, are growing in popularity which in turn is leading to more regulations on the federal and state levels.

Alcohol and Tobacco Tax and Trade Bureau (TTB) Permits and Federal Excise Taxes

We have experience finding solutions for our clients with the agency that controls excise taxation. Our attorneys work closely with clients on the federal reporting, payment, and permitting requirements of the TTB including audits, installment agreements, and negotiating reduced penalties.

State Sales Tax and Excise Tax Licensing/Permitting of Wholesale and Retail Operations

Our team can assist with compliance regarding state laws and regulations governing excise taxes, tobacco and vapor product wholesaler, distributor and retailer licensing, and other tax, sales and distribution issues pertaining to tobacco and vapor products. We have experience assisting cigar and vapor product companies with remote seller tax issues. As states move to impose tobacco-like taxes and regulations on vapor products, the Tobacco and Vapor Team can help vapor product companies with taxes, licensing, and dealing with state Departments of Revenue.

Tobacco Master Settlement Agreements (MSA) and Non-Participating Manufacturers (NPM) Certification

We assist participating manufacturers with complying with the Master Settlement Agreement (MSA). For companies not participating in the MSA, we can help you navigate the certification process, help you stay in compliance, and assist with Non-Participating Manufacturer state escrow statutes. We can also assist in defending against de-certification proceedings.

Food and Drug Administration (FDA)

The FDA has extended its authority to regulate tobacco products to also include vapor products, cigars, hookah tobacco, and pipe tobacco.

This resulted from the 2016 final rule, commonly referred to as the "Deeming Rule." It deemed certain products meeting the statutory definition of "tobacco product" to be subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking Prevention and Tobacco Control Act.

Product Liability

As the use of vaping and e-cigarette products increases, so does the risk for lawsuits. Our attorneys can assist with defending against legal challenges and rulings involving product liability in the context of tobacco and vapor products (e.g., e-cigarette battery issues, etc.).

Intellectual Property

Our team will work with you to protect your brands through trademark, copyright, and customs laws. We know what it takes to protect ownership rights in tobacco and vapor product brands, and are familiar with the interplay between the Lanham Act, the U.S. Copyright Act, and other federal, state, and international laws.

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