The following is an update from the National Association of Tobacco Outlets (NATO) sourced through their April 10th online bulletin. Reposted with permission.
Update on FDA Request for Extension of PMTA Filing Deadline
Today, a convenience store trade publication published an article that reported the FDA’s May 12, 2020 filing deadline for pre-market tobacco applications has been extended 120 days by Federal District Court Judge Paul Grimm. However, while Judge Grimm issued an “indicative order” indicating that he agrees with the FDA’s request for the 120-day extension, the U.S. Circuit Court of Appeals for the Fourth Circuit must also issue an order allowing Judge Grimm to modify the original order that he issued which set the filing deadline as May 12, 2020. The U.S. Circuit Court of Appeals has not yet issued that order because the court was allowing the health organization plaintiffs in the underlying litigation until today to file responses to the FDA’s extension request. Until the U.S. Circuit Court of Appeals receives any responses from the plaintiffs and issues an order allowing Judge Grimm to proceed with extending the filing deadline date, the filing deadline remains as May 12, 2020.
State Legislative Bill Actions
State tobacco-related legislative bills that have been acted on by a state legislative committee or state legislature are listed below alphabetically by state:
Kentucky: CORRECTION: House Bill 351 (previously reported as HB352), which was amended to include taxes on vapor products ($1.50 per cartridge of closed vapor cartridges and 15% of the distributor price for open vaping systems), was delivered to the Governor on April 1, 2020.
New York: Senate Bill 7506 (Governor’s budget—substituted for A9506), which includes a ban on flavored vapor products (including menthol), increased penalties for underage sales, a ban on price reduction instruments/coupons, prohibition on outward facing tobacco signage on stores within 1,500 feet of schools (500 feet in NYC), a pharmacy ban, the tax on cigars established at 75%, and a requirement that manufacturers of vaping products disclose ingredients to the state Department of Health, was signed by the Governor on April 3, 2020.
Oklahoma: House Bill 1432, which increases the legal age to purchase and possess tobacco products from 18 to 21 years of age, was referred to the Senate Health and Human Services Committee on April 6, 2020. Senate Bill 1423, which increases the legal age to purchase tobacco products and vapor products from 18 to 21 years of age, was withdrawn from the House Appropriations and Budget Committee on April 6, 2020.