Author: Staff Writer

Pyxus International Announces New ESG Framework

Pieter Sikkel (Photo: Pyxus International)
Pyxus International has announced the framework of its environmental, social and governance (ESG) strategy, which builds off of the company’s legacy of sustainable agricultural production. With a focus on advancing progress on key global issues, such as climate change, farmer prosperity and human rights, the company is working across its operations and supply chain to enhance the sustainability of the business and deliver value to its stakeholders.
Pyxus’ ESG strategy includes three key pillars: Implementing solutions that further improve the company’s environmental performance while reducing its environmental footprint (environment); supporting its employees, contracted farmers and communities while protecting human rights and providing an equal opportunity for success to all (social); and operating responsibly and ethically in every action its takes (governance).
“Pyxus’ ESG strategy provides the connection between our purpose and our business priorities,” said Pieter Sikkel, president and CEO of Pyxus, in a statement. “As our company continues on its journey, the implementation of this strategy is expected to strengthen our business as well as help to recruit and retain top talent. This is an important milestone for Pyxus, and we are excited about the impact this strategy will have on our business, our supply chain and the world.”

December 9, 2021
U.K. Vaping Hits Record High as Tobacco Smoking Drops

Photo: Rain
The number of people who vape in the U.K. has risen to its highest level since records began while the number of U.K. adults who smoke has fallen below 14 percent for the first time in years, according to just released government figures.
The Office for National Statistics (ONS) has published its annual report into smoking prevalence in the U.K., which includes figures on the number of adults who vape, just one month after the Department of Health’s announcement that vaping devices could soon be prescribed to smokers through the National Health Service.
In 2014, when data on the number of U.K. vapers started being collected, 3.7 percent of the population reported using e-cigarettes. In 2020, that had risen to 6.4 percent, equivalent to around 3.3 million people.
The report also reveals that the number of adult smokers in the U.K. currently stands at 13.8 percent of the population—its lowest percentage since at least 2015.
“This is a hugely welcome announcement as everyone on the side of harm reduction knows that vaping is far less harmful than smoking—by as much as 95 percent, according to the former health protection watchdog Public Health England [now part of the U.K. Health Security Agency]—so more people vaping and less smoking can only be cause for celebration,” said John Dunne, director-general of the U.K. Vaping Industry Association, in a statement.

This is a hugely welcome announcement as everyone on the side of harm reduction knows that vaping is far less harmful than smoking.
John Dunne, director-general, UKVIA
The ONS Smoking Prevalence Report highlighted that the number of ex-smokers who now vape had risen from 11.7 percent in 2019 to 12.3 percent while the number of smokers who also vape increased from 15.5 percent in 2019 to 17.8 percent in 2020.
However, according to the ONS monthly data, smoking rates rose sharply during the pandemic and national lockdown to a peak of 16.3 percent in August before slowly decreasing to 13.8 percent by the end of 2020.
“While this rise in smoking prevalence during lockdown could be attributed to increased anxiety because of the pandemic, I would also point toward the fact that specialty vape shops were not granted ‘essential retail’ status and therefore had to close their doors as another significant contributing factor,” said Dunne.
December 9, 2021
VPR Brands Settles E-Cigarette Airflow Patent Lawsuit
VPR Brands has settled a patent lawsuit that applies to technology used by numerous e-cigarette manufacturers. The patent dates to 2009 and includes independent claims covering electronic cigarette products containing an electric airflow sensor, including a sensor comprised of a diaphragm microphone. The sensor turns the battery on and off, and covers most auto-draw, button less e-cigarettes, cigalikes, pod devices and vaporizers using an airflow sensor rather than a button.
The technology is covered under electronic cigarette utility patent US 8205622. The lawsuit, filed on May 3, 2021 in the Florida Southern District Court, VPR Brands, LP v. HQDTech USA LLC and NEPA 2 Wholesale, LLC was settled with both defendants for a total sum greater than $275,000 to be paid to VPR Brands. In addition, pursuant to the terms of the settlement agreement, VPR Brands agreed to license the patent and related patents and applications to NEPA and some of its affiliates.
“I want to thank our legal team at SRIPL Law for their hard work and diligence in settling this matter, they have been preparing to go to court and litigate on our behalf for the better of 2 years now and preparation is key in negotiating and settling any dispute,” stated Kevin Frija, CEO of VPR Brands in a press release. “Ultimately it is a win-win for all parties when a dispute can be settled ahead of trial, but you must be prepared to take it all the way and the litigation team at SRIP Law is ready, willing and able to go the distance if needed and that is what counts when protecting intellectual property.”
Florida-based VPR Brands VPR Brands is a manufacturer of electronic cigarettes and vaporizers for nicotine, cannabis and cannabidiol (CBD). Its assets include issuing U.S. and Chinese patents for atomization-related products including technology for medical marijuana, hemp, and electronic cigarette products and components as well as lighters. The company is also engaged in product development, according to the release.
December 8, 2021
FDA Issues Warning Letters to Four ‘Wellness’ Vape Firms
The U.S. Food and Drug Administration has issued warning letters to four companies marketing “wellness” vaping products. The FDA says the vaping devices contain vitamins and/or essential oils and the companies are making unproven health claims about them. Currently, no vaping products are approved by the FDA to prevent or treat any health conditions or diseases. The devices in question do not contain nicotine. The FDA calls the products “unapproved new drugs” sold in violation of sections 505(a) and 301(d) of the Federal Food, Drug, and Cosmetic Act.
Credit: FDA
“The FDA issued warning letters to companies for illegally selling these vaping products with unproven health claims. The letters provide the companies notice and request that they take prompt action to address any violations of the law,” according to an FDA press release. “If companies refuse to comply, the FDA may take enforcement actions to prevent the products from reaching consumers.”
The FDA stated that it had received complaints concerning several “wellness” products being advertised and sold to minors. “Online advertising, especially social media posts, often make false claims and cite the latest ‘scientific study,’ or do not include important details that may apply to you or allow you to make an informed decision,” the release states. “Other red flags include claims like “miracle cure” or “guaranteed results.” Remember, if a company really made a breakthrough, revolutionary health-related discovery, the news, researchers, and the government would discuss it in depth.” The letters were issued through the FDA’s Center for Drug Evaluation and Research (CDER).
The letters to Vitastick, Vitacig, NV Nutrition (NVN) and Vitamin Vape were issued on Dec. 1. Some of the unproven health or wellness claims include improving mental clarity or treating tumors or asthma. Some examples of the fraudulent product claims are:

“Fight off tumors and alleviate symptoms of chemotherapy!”

“It’s been used as a [sic] organic asthma remedy, ADHD remedy, and dementia treatment.”

“Helps prevent a type of anemia called megaloblastic anemia that makes people tired and weak.”

“Neroli oil… has long been used as a treatment against anxiety and depression, to calm the mind and soothe away tension.”
The FDA, Centers for Disease Control and Prevention, state and local health departments, and other clinical and public health partners are continuing to monitor and research vaping-associated lung injury. The FDA warns consumers to not be misled by vaping products claiming to contain “vitamins” and other “natural” ingredients or being advertised for “wellness” purposes.
December 8, 2021
Cullip: China Could Revolutionize Harm Reduction

Martin Cullip (Photo: Tobacco Reporter archive)
China has the potential to revolutionize global tobacco harm reduction now that its government has asserted authority over e-cigarettes, according to consumer advocate Martin Cullip.
On Nov. 26, China’s State Council on Nov. 26 amended the country’s tobacco monopoly law to include vapor products, which means that vaping products and their manufacturers will be regulated by the Chinese government under the same process as cigarettes.
The announcement triggered feverish speculation about the impact of the new rules, with some commentators fretting that tobacco rules would put vapor companies out of business and others welcoming the prospect of enhanced product safety and quality.
Writing in Filter, Cullip points not only to the vapor industry’s economic significance to China, but also to the potential domestic health benefits of sensible regulation. China, argues Cullip, has a lot to gain from financially from domestic harm reduction, when the country’s high smoking prevalence in an aging population creates heavy costs in health care and lost productivity.
Cullip is also encouraged by China’s willingness and ability to stand up the World Health Organization, which remains ideologically opposed to tobacco harm reduction.
While the government would seem to have much to gain from blocking the growth of safer alternatives such as e-cigarettes and tobacco-heating products—the state-owned CNTC sells more than 40 percent of the world’s cigarettes—there are many incentives for the government to push things in an entirely different direction, according to Cullip.
China manufactures the vast majority of the world’s vape products. More than 170,000 businesses engage in e-cigarette production and the supply chain, employing around 3 million people. The CNTC is also the world’s biggest holder of tobacco harm reduction patents, owning almost 27 percent of all related patent publications.
“It is difficult to imagine the government strangling the market—even if this is motivated more by profit than by its citizens’ health,” writes Cullip.
December 8, 2021
Keller & Heckman Announces E-Vapor Law Symposium
Keller and Heckman will has announced the agenda for its sixth Annual E-Vapor and Tobacco Law Symposium.
The two-day virtual seminar will focus on legal and regulatory issues critical to the vapor, tobacco and CBD industries in the aftermath of the U.S. Food and Drug Administration’s decisions on millions of premarket tobacco product applications (PMTA).
Among other topics, the seminar will cover PMTA marketing denial order challenges, new requirements for PMTAs and substantial equivalence reports and the outlook for synthetic nicotine products. The program will also discuss China’s new vapor regulations.
In addition to Keller and Heckman’s regulatory attorneys and scientists, this year’s program features numerous expert guest speakers, including from Tobacco Vapor Cannabis Group, the American Vaping Association, McKinney Regulatory Science Advisors and the Tax Foundation.
The symposium will take place Feb 2-3 from 10:30 am to 6:30 pm Eastern Time.
December 8, 2021
Call for Class Action Status in Juul Overpayment Lawsuits
Lawyers representing U.S. consumers who say they overpaid for Juul Labs’ e-cigarettes on Dec. 6 urged a federal judge to certify their claims as a class action, reports Reuters. Juul argues that the plaintiffs should proceed individually because they bought Juul products under differing circumstances.
Credit: Steheap
More than 2,800 cases have been consolidated in the multidistrict litigation against Juul, its largest shareholder Altria Group and several individual officers and directors. They include both personal injury claims and claims of economic loss by people who say they would have paid less, or not bought the e-cigarettes at all, if Juul had not downplayed their addictiveness and appealed to teenagers through social media campaigns and other means.
The plaintiffs are seeking partial refunds for adult purchasers and full refunds for underage purchasers.
Gregory Stone of Munger, Tolles & Olson, representing Juul, said the plaintiffs’ case rested on whether Juul’s marketing was misleading, whether it targeted teenagers, whether buyers were actually misled and whether the marketing affected their buying decisions.
In a tentative opinion, U.S. District Judge William Orrick said that he was inclined to grant class certification.
December 7, 2021
Denver Becomes 7th Colorado City to Ban Vape Flavors
After months of debate, the Denver City Council approved a controversial ordinance that outlaws the sale of flavored vaping and other tobacco products, including menthol, beginning in July 2023. With Monday’s 8 to 3 vote, Denver becomes the seventh Colorado municipality to enact a ban on flavored e-cigarettes.
Credit: Kevin Ruck
Exemptions are in place for hookah products, natural cigars, pipe tobacco and harm-reduction products. The ordinance also calls for retailers to receive a warning for a first offense, however, subsequent offenses could lead to a store losing its tobacco retail license.
Proponents of the ban argue tobacco companies have long used predatory marketing of menthol to lure people of color, those with low incomes and youth — especially those who identify as LBGTQ+. Companies deny this, according to an article on denverite.com.
“This proposal tonight, it really is about public health,” said council member Jamie Torres, who represents District 3 and voted for the proposal. “Our kids aren’t property owners. They’re not business owners, but they are the ones who are also telling us we need to make this less accessible to them.”
City Council President Staci Gilmore argues that Denver already regulates alcohol and cannabis. “We want to keep kids safe, but we also want to allow adults to be adults,” said Gilmore, who represents District 11, and voted against the measure. Last month, councilmember Kevin Flynn called the bill an overreach affecting adults who want to use these products.
Grier Bailey and Jonathan Shaer, writing for Colorado Politics, state that Denver city councilmembers should consider what’s happened to Massachusetts since it passed a statewide flavor ban of its own in 2020. “The state gave up a well-regulated and enforced network of licensed retailers, lost over $140 million on the sale of menthol cigarettes, and public health advocates can’t claim any empirical health benefits from the ban as the data shows most consumers shifted their purchase habits to other states or other nicotine products and flavors,” they state. “Many Massachusetts retailers have reduced employee hours and even had to cut jobs. The flavor ban has been a failure at every level.”
December 7, 2021
China’s New Vapor Rules Could Have Global Fallout
China’s recently announced intention to regulate e-cigarettes as tobacco products will reverberate around the world, according to an analyses published on Keller And Heckman’s The Continuum of Risk blog.
On Nov. 26, 2021, China’s State Council announced it would amend the country’s tobacco monopoly law to subject e-cigarettes to the same requirements as traditional cigarettes. On Dec. 2, the State Tobacco Monopoly Administration (STMA) published on its website the draft management rules for e-cigarettes for public comment.
The draft rules define “e-cigarette” as an electronic delivery product that produces nicotine-containing aerosol for human inhalation. The definition does not include heat-not-burn tobacco products, which are already regulated as combustible cigarettes in China, according to Keller and Heckman. The draft rules make clear that e-cigarettes should be regulated like tobacco products by STMA and its local agencies and provide that e-cigarettes must comply with the e-cigarette national standard.
Among other things, e-cigarettes will be subject to premarket registration upon a safety review by the STMA under the draft rules. Producers and sellers of e-cigarettes in China must obtain the same tobacco monopoly licenses as traditional cigarette manufacturers. In addition, all vapor product companies will be required to trade on a national e-cigarette platform to be set up by the SMTA. The draft rules also contain requirements to protect minors such as age-restrictions and warning labels.
Because the draft rules’ registration and production licensing requirements apply to all e-cigarette manufacturers operating in China, they will also impact products sold abroad. China manufactures more than 95 percent of the world’s e-cigarette hardware.
In 2019, China notified the World Trade Organization about its first national standard on e-cigarettes, which covers raw materials, technical requirements, testing methods and labeling, among other topics. On Nov .30, 3021, China published updated draft of the standard for comment.
According to Keller and Heckman, the STMA plans to implement the standard “three to five months after its publication.”
During the transition period, existing enterprises can continue manufacturing and operational activities. However, investors are banned from investing in new e-cigarette enterprises; existing e-cigarette production and operation entities must refrain from constructing or expanding production capacity, and they may not establish new e-cigarette retail outlets and market new products. “New import of e-cigarettes” will also be suspended during this period.
The public comment period for the draft management rules closes on Dec. 17, 2021, 15 days after its publication, and the public comment period for the draft standard closes on Jan. 29, 2022.
December 7, 2021
Kaivel Brands Announces Partnership With Koupon
Kaival Brands Innovations Group, Inc., parent to Bidi Vapor, has announced its partnership with Koupon to create an electronic engagement program involving Koupon’s digital promotion platform. The partnership will offer customers who purchase the Bidi Stick, a disposable vaping device, digital opportunities based on their purchases, according to a press release.
The partnership will offer incentives to specific customers based on purchasing habits, allowing users 21 and older of vaping products the opportunity to experience the Bidi disposable device.
“Working with Koupon will facilitate a greater communication with adult users of our products,” said Niraj Patel, president and CEO of Kaival Brands, Melbourne, Fla. “We hope to better understand their needs and facilitate the purchase of our premium product.”
The press release states that the program aims to better serve its adult customer base, involving assessment of consumer insights and digital offers for Bidi Vapor products, off. Age-verified adult consumers can access digital promotions powered by Koupon’s technology and redeem them at retail outlets within Bidi Vapor’s distribution network.
The device could also help Bidi Vapor in adhering to the U.S. Food and Drug Administration’s after marketing surveillance requirements if Bidi’s PMTA were to be approved. The FDA granted an administrative stay to Bidi’s PMTA in October.
In addition, integrated security identifies or limits age-restricted content. “Koupon’s age-restriction policies align with our goals,” Patel said. “We have always focused on keeping our products out of the hands of minors.”
December 6, 2021