Author: Staff Writer

University to Study Impact of Flavor Restriction Policies
Policies that restrict the sale of flavored e-cigarettes, e-liquids and other tobacco products including menthol cigarettes impact health disparities among vulnerable populations is the subject for a new study to be conducted by the University of Kentucky College of Medicine. The five-year, $2.8 million grant from the National Cancer Institute (NCI) will support the study on how local policies impact at-risk groups — including communities of color, low-income populations and youth — that are more likely to use flavored tobacco products.
Credit: Wolterke
The results could help lawmakers create policies that are more equitable, says the study’s principal investigator Shyanika Rose, Ph.D., a faculty member of the Center for Health Equity Transformation (CHET), assistant professor in the Department of Behavioral Science and member of the Markey Cancer Center Cancer Prevention and Control Program. “We already know that stopping the sale of these products can reduce their availability and use in these communities,” said Rose. “But understanding the impact of policies across race and socioeconomic status will give guidance about what kinds of policies work and have the most equitable benefits.”
Rose says flavored tobacco (including vaporizers and e-cigarettes) products, which are more appealing, easier to use and more addictive, have a long history of being disproportionately marketed toward vulnerable communities, particularly African Americans. Currently, federal laws only prohibit the sale of certain flavored tobacco products.
The sale of menthol cigarettes and all flavors of smokeless tobacco, cigars and hookah is still permitted. While the Food and Drug Administration recently announced new steps to implement a ban on the sale of menthol cigarettes and flavored cigars, the proposal will not eliminate all flavored tobacco products from the market, specifically flavored e-cigarettes and e-liquids.
“While the FDA is moving federal policy in the right direction, comprehensive policies that restrict the sale of all flavored tobacco products may be more likely to protect the health of the most vulnerable populations and this is something this project will investigate,” Rose said.
June 23, 2021
UAE Vapor Retailer Calls for More Industry Support

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A leading vapor retailer in the United Arab Emirate’s (UAE) says the industry must do more to support official government efforts aimed at blocking trade in counterfeit and unregulated e-cigarettes and preventing sales to minors. The sale of e-cigarettes, vaping devices and e-liquids has been legal in the UAE since April 2019 under mandatory regulations laid down by the Emirates Authority for Standardization and Metrology (ESMA).
But one of the UAE’s most prominent vape retailers, My Vapery, says dealers should work together to support official efforts aimed at preventing potential health threats, and keep e-cigarettes out of the hands of under-21-year olds. The company wants to work with the organizers of the first World Vape Show taking place in Dubai in September to help the industry self-regulate, and spotlight vaping as a less harmful alternative to tobacco smoking, leading to improved public health.
Atif Amin, marketing manager, My Vapery
“As retailers, we must all place a bigger emphasis on supporting ESMA and the Police in their efforts to stop the random circulation of counterfeit and unregulated vaping products which can pose health threats,” said the company’s marketing manager, Atif Amin. “It’s vital that we work together closely to prevent e-cigarettes from being sold to underage consumers. The arrival of a new industry platform in Dubai gives us a perfect chance to educate the industry on the standards needed to provide greater consumer protection.”
Taking place at Dubai World Trade Centre (DWTC) from 19-21 September, the World Vape Show connects manufacturers, retailers, public health professionals and vape enthusiasts from around the world. The combined exhibition and conference will showcase new vaping technology and the range of regulated products now meeting the demand for safer alternatives to traditional cigarettes.
“It’s encouraging to see a leading retailer taking the initiative to set standards for the industry in this way, and create a key area for discussion at the event,” said Jake Nixon, event manager, World Vape Show, Quartz Business Media. “The show is an important platform allowing the industry to analyze itself and the major issues it faces, and to educate manufacturers, retailers and vapers on the importance of safety and the need for strong regulations, and more research, to protect consumers.”
June 23, 2021
Connecticut Governor Signs Legal Marijuana Bill
The governor of Connecticut on Tuesday signed a bill to legalize marijuana—making it the 19th state to enact the reform. Last week, Gov. Ned Lamont threatened a veto over language on equity licensing that had been added, prompting legislators to revise it.
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“For decades, the war on cannabis caused injustices and created disparities while doing little to protect public health and safety,” Lamont said in a press release. “The law that I signed today begins to right some of those wrongs by creating a comprehensive framework for a regulated market that prioritizes public health, public safety, criminal justice and equity. It will help eliminate the dangerous, unregulated market and support a new and equitable sector of our economy that will create jobs.”
Connecticut is the fourth state to legalize cannabis for adult use this year alone, following New York, Virginia and New Mexico. Possession of cannabis among adults age 21 and over will be legal in Connecticut beginning July 1, 2021. Adults cannot have more than 1.5 ounces of cannabis on their person, and no more than 5 ounces in their homes or locked in their car truck or glove box.
Retail sales of cannabis aim to begin in Connecticut by the end of 2022. The sale, manufacture, and cultivation of cannabis (aside from home grow) requires a license from the state. Products that contain delta-8-THC, delta-9-THC, or delta-10-THC are considered cannabis and may only be sold by licensed retailers. Individuals who are not licensed by the state may gift cannabis to others but may not sell it. Individuals may not gift cannabis to another individual who has “paid” or “donated” for another product.
Certain cannabis-related convictions that occurred between January 1, 2000 and October 1, 2015 will be automatically erased. Those seeking to erase cannabis-related convictions outside of that period will require petitioning. The law enacts a tax rate structure on the retail sale of cannabis that includes a new source of revenue for municipalities.
This includes (1) a 3% municipal sales tax, which will be directed to the town or city where the retail sale occurred; (2) the 6.35% state sales tax; and (3) a tax based on the THC content of the product, which will be 2.75 cents per milligram of THC for cannabis edibles; 0.625 cents per milligram of THC for cannabis flower; and 0.9 cents per milligram of THC for all other product types. This means that Connecticut generally will have about a 4% lower tax rate than New York and about the same as Massachusetts.
“The states surrounding us already, or soon will, have legal adult-use markets. By allowing adults to possess cannabis, regulating its sale and content, training police officers in the latest techniques of detecting and preventing impaired driving, and expunging the criminal records of people with certain cannabis crimes, we’re not only effectively modernizing our laws and addressing inequities, we’re keeping Connecticut economically competitive,” Lamont said. “This legislation directs significant new funding to prevention and recovery services, which will be used to help prevent cannabis use by minors and to promote safe, healthy use of cannabis by those of legal age.”
Cannabis use is prohibited in state parks, state beaches, and on state waters.
June 23, 2021
WHO Details “Industry Attempts to Avoid Regulation”
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The World Health Organization has published a report detailing what it describes as attempts by manufacturers to avoid regulation of e-cigarettes and heated-tobacco products.
Titled “Litigation relevant to regulation of novel and emerging nicotine and tobacco products: comparison across jurisdictions,” the report offers governments examples of the legal arguments that the industry has used in attempts to minimize regulation as well as how courts have addressed those arguments.
The emergence of products such as heated-tobacco products (HTPs) and electronic nicotine-delivery systems (ENDS) and their market growth has raised questions about how they should be regulated and how that regulation might affect comprehensive tobacco control.
The WHO previously published its position on regulation of these products but has not addressed legal issues, such as how those regulations are being challenged in different jurisdictions. The new report and the accompanying case summaries close this gap and provide the facts, discussion of legal issues, arguments advanced and the reasoning of the courts.
The key messages highlighted in the publication are:
ENDS and HTP manufacturers attempt to avoid products being regulated so as to fall within regulatory or legislative gaps.
Manufacturers can be expected to deploy arguments concerning the relative risk of different product categories and the need for coherent regulation along a continuum of risk.
Not all courts are receptive to arguments about relative risk, either because regulations are justified by reference to absolute risk or because the concept of relative risk must be judged at the population level and taking into account factors beyond relative toxicity.
Technological advances employed for the manufacture of novel and emerging nicotine and tobacco products will raise questions of whether a product falls within the ambit of the national legislation of the country.
There are relatively few cases addressing misleading marketing of ENDS, or enforcing restrictions on advertising, promotion and sponsorship, but important cases have been decided, including on how social media posts may constitute advertising and on whether advertising of an HTP device also constitutes advertising of a tobacco product.
June 22, 2021
Kaival Brands Reports Second-Quarter Results
Kaival Brands Innovations Group reported revenue of $18.1 million for its fiscal second quarter, which ended April 30, 2021.
The company also received two significant Bidi Stick orders with a combined value of $41.6 million. According to Kaival Brands CEO Niraj Patel, these orders represent some of the largest individual orders since the company started business. “We believe [they] are indicative of our robust pipeline for the innovative Bidi Stick and our shift to large wholesalers and distributors versus smaller retailers,” he said in a statement.
“This shift in strategy also helps us remain an industry leader in our effort to continually exceed Prevent All Cigarette Trafficking (PACT) Act compliance requirements. The Bidi Stick experience is unrivalled as evidenced by our leading market share within the ENDS category,” said Patel.
While the potential contract values of additional national retailers are significantly higher than those of smaller retailers and wholesalers, the process to navigate these contracts is more onerous and time consuming, according to Kaival Brands. However, Patel believes such contracts are worth the investment because the company expects more large orders to follow.
Kaival Brands recently received approval to market and sell Bidi Vapor products in 11 countries. Despite Covid-19 related delays in building its international infrastructure, the company is confident it soon will be able to launch the Bidi Stick in the U.K. as well.
Kaival Brands is also enthusiastic regarding the opportunity for its Bidi Pouch, which has been developed without Swedish Match intellectual property.
June 22, 2021
Plaintiffs Sought in RLX Technology Class-Action Suit
Wolf Haldenstein Adler Freeman & Herz LLP are now seeking additional plaintiffs for a federal securities class action lawsuit that has been filed in the United States District Court for the Southern District of New York on behalf of investors that purchased RLX Technology Inc. The lawsuit was filed by Glancy Prongay & Murray LLP on behalf of investors.
The filed complaint alleges that the Registration Statement misrepresented and omitted, among other things, RLX’s exposure to China’s then-existing campaign to establish a national standard for e-cigarettes that would bring them into line with regular cigarette regulations, according to a press release.
“The truth was revealed when draft regulations were posted by the Ministry of Industry and Information Technology, before the market opened on March 22, 2021, eight weeks after RLX’s IPO, which confirmed e-cigarettes and new tobacco products would be regulated similar to traditional tobacco offerings,” the release states.
Following the news out of China, the price of RLX’s shares suffered an enormous decline. On March 22, 2021, RLX’s ADR closed at $10.15 per share, down nearly 48 percent from its previous close of $19.46 on March 19, 2021, the previous trading day.
June 21, 2021
Tennessee City to Ban Vaping on Most Public Properties
Getting caught smoking vaping in most Johnson City, Tennessee, public properties may soon face a $50 fine. On Thursday, city commissioners approved on first reading an ordinance banning the use of vapor and tobacco products in public parks, public playgrounds, public greenways and any public property accessible to youth.
Credit: Andre Ykr
Smoking is already prohibited in parks as a result of city policy, but because it’s not an ordinance, the restrictions are not comprehensively applied and can be difficult to enforce, according to the Johnson City Press.
Assistant City Manager Charlie Stahl said tobacco was originally prohibited in the park system because officials were receiving complaints about parents smoking in the bleachers at sporting events, which would disturb other spectators and their children.
A law passed by the Tennessee General Assembly this year gives local governments the authority to prohibit the use of tobacco products on public property by ordinance. Gov. Bill Lee signed the bill on May 27, and the law becomes effective on July 1.
If commissioners approve the changes on three readings, the ordinance would become effective after July 15.
June 21, 2021
Critics Lambast Canada’s Proposed Flavor Ban

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Health advocates and vapor industry groups criticized Canada’s proposal to ban all flavored vaping products except for tobacco, mint and menthol. Published June 19 in the Canada Gazette, the draft legislation was criticized for falling short by tobacco control advocates and for going too far by the Canadian Vaping Industry Association (CVA).
The CVA warned that if the flavor ban is implemented, it may push hundreds of thousands of consumers back to smoking or to the black market. “There is mounting evidence that flavors reduce cravings and increase smoking cessation success,” the organization wrote in a press note. “Research from Yale School of Public Health finds that smokers that quit using a flavored product are 2.5 times more likely to be successful.”
“We have repeatedly shared the science on vaping,” said Darryl Tempest, executive director of the CVA. “Regulators are aware of the important role flavors play in the adoption of vaping by smokers. A flavor ban will reduce the appeal of the product and will sentence many smokers to their death. There is sufficient data from regions with flavor bans to provide a clear understanding of the consequences. Flavor bans do little to protect youth and instead increase smoking rates and strengthen the black market.”

A flavor ban will reduce the appeal of the product and will sentence many smokers to their death.
Darryl Tempest, executive director, CVA
ASH Canada, by contrast, described the decision to exempt mint and menthol from the flavor ban as an unacceptable concession to the vaping industry.
“The proposed regulations will not adequately protect Canadian youth from flavored vaping products” said Les Hagen, executive director of ASH, in a statement. “Menthol is the second most popular flavor among youth vapers. A partial ban on flavored vaping products in the U.S. resulted in massive switching to menthol flavored products. We expect a similar result in Canada if these regulations are approved.”
“There is no scientific justification for exempting menthol vaping products,” says Flory Doucas, co-director and spokesperson for the Quebec Coalition for Tobacco Control. “Menthol is the second most popular flavor among youth, tied with mango. We know that flavors are one of the main factors that attract young people to vaping, causing all kinds of health risks in addition to being one of the most addictive substances on the planet.”
The health groups decried the influence of the vaping industry on the debate. The CVA has been the most active of all lobbies on Parliament Hill in May, wrote ASH, citing The Lobby Monitor.
Over 400,000 Canadian youth are using vaping products, according to Health Canada’s latest survey conducted in 2019.
Stakeholders can comment on Canada’s draft flavor regulations until Sept. 2, 2021.
Health Canada is also publishing new restrictions on the nicotine concentration in vapor products. These regulations set a maximum nicotine concentration of 20 mg per mL in vaping products to make them less appealing to youth. The regulations also prohibit the packaging and sale of vaping products if the nicotine concentration of the products exceeds this limit. Manufacturers must adhere to this limit by July 8, 2021; retailers may not sell products that exceed this limit after July 23, 2021.
June 21, 2021
Global Forum on Nicotine 2021 Focuses on Harm Reduction
The message from the 30 speakers who spoke during the Global Forum on Nicotine (GFN) 2021 in person or online was clear. Policymakers in public health and tobacco control need to listen to both the science on tobacco harm reduction and the experiences of consumers who are benefiting from it every day. Ideology must be set aside to prioritize progress towards the common goal of ending smoking.
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Experts at the GFN were discussing an approach called tobacco harm reduction, in which people who cannot quit nicotine are encouraged to switch from dangerous combustible or oral products to safer nicotine products including vapes (e-cigarettes), pasteurized snus, non-tobacco nicotine pouches and heated tobacco products.
Compared to continued smoking, all are significantly less harmful to health. Gerry Stimson, Emeritus Professor at Imperial College London and a founder of the GFN, said during the conference that much of what she has seen and heard during the event was encouraging.
“It feels as though we’re on the right trajectory. Consumers all over the world are becoming aware of the opportunities offered by safer nicotine products, and innovations in the market will, I believe, lead to the eventual obsolescence of combustible cigarettes,” she said. “The question is how to speed up the process and scale up, so that tobacco harm reduction reaches all smokers, everywhere, as quickly as possible.”
Multiple panel discussions took in subjects ranging from safer nicotine product regulation, tobacco harm reduction in low-to-middle-income countries (LMICs), and orthodoxy and dissent in science. Speakers’ pre-recorded presentations for the panel sessions will remain available online at the conference website.
Three keynotes were delivered to honor the memory of professor Michael Russell, psychiatrist, research scientist and pioneer in the study of tobacco dependence and the development of treatments to help smokers quit. Russell’s observation in the British Medical Journal in 1976 that “people smoke for nicotine, but they die from the tar” remains highly influential within the field.
Fiona Patten MP and Leader of the Reason Party, Australia, opened proceedings with the first Michael Russell Keynote with her speech. Jon Fell, a founder of investment company Ash Park and Dr. Derek Yach, an anti-smoking advocate for more than 30 years, is the president of the Foundation for a Smoke-Free World, gave the other two keynote speeches. They all centered on harm reduction.
“In Australia, governments have consistently stated that drug use must be treated as a health issue not a criminal one. But when it comes to nicotine, they are actively making criminals out of users,” Patton said. “And not all nicotine users. Just those who are trying to end their deadly relationship with combustible tobacco. Most political parties refuse to accept donations from big tobacco – yet they still protect it. For decades they ignored the science about the dangers of smoking, but today they argue that there is not enough science to sanction alternative nicotine products.”
GFN does not receive any sponsorship from manufacturers, distributors or retailers of nicotine products, including pharmaceutical, electronic cigarette and tobacco companies. However, the conference operates an open door policy. Consumers, policymakers, academics, scientists and public health experts participate alongside representatives from manufacturers and distributors of safer nicotine products. The event organizers believe that dialogue and strategic engagement of all stakeholders involved in tobacco and nicotine use, control and production is the only way to effect true, sustainable change – both to industry practices and the public health outcomes related to smoking.
June 20, 2021
Canada Planning to Ban Flavored Vapes by 2022
Canada said Friday it intends to ban most flavored vaping products in an effort to deter young people from consuming electronic cigarettes. According to the Canada Gazette, a weekly publication that outlines pending government regulatory orders (much like the Federal Register in the U.S.), the Liberal government said it would restrict e-cigarette flavors to tobacco, mint and menthol. Fruit flavors, like cherry, melon and mango, would be prohibited.
Credit: Toptop54
Restricting fruit-based flavors and the use of sweeteners as an ingredient are expected to make e-cigarettes less appealing to younger people, the government said, according to press release. Canadian data, as presented in the Gazette, indicated vaping rates among youth remain high. Further, over 60% of youth aged 15 years to 19 years used fruit-flavored e-cigarettes, versus 40% for those 20 and older who vape.
The government said Canada’s proposals would be among the strongest in the developed world in curbing vaping, and generally in line with Denmark’s rules on flavored vaping products. The government said stakeholders can submit thoughts on the rules until Sept. 2, although Ottawa is eyeing implementation starting in 2022.
In Canada Gazette, Part II that will be published on July 23, 2021, Health Canada is announcing the new Nicotine Concentration in Vaping Products Regulations (NCVPR), which set a maximum nicotine concentration of 20 mg/mL for vaping products marketed in Canada. They also prohibit the packaging and sale of vaping products if the nicotine concentration stated on the package exceeds 20 mg/mL.
The NCVPR prescribe a laboratory method, ISO 20714 E-liquid – Determination of nicotine, propylene glycol and glycerol in liquids used in electronic nicotine delivery devices – Gas chromatographic method, for determining the nicotine concentration of a vaping substance. Health Canada will use this method to determine compliance with the maximum nicotine concentration.
As well, the NCVPR amend the Vaping Products Labelling and Packaging Regulations, which until now allowed vaping products to contain up to 66 mg/mL of nicotine; this limit will now only apply to products intended for export. Vaping products authorized under the Food and Drugs Act (FDA) are not subject to these regulations.
The NCVPR goes into force on July 8, 2021. Retailers have until July 23, 2021 to comply with these Regulations.
Enforcement actions to address non-compliance may include issuing warning letters, seizures, and/or prosecutions. The penalties for not complying with the NCVPR are set out under Part VI of the Tobacco and Vaping Products Act.
Proposal to further restrict vaping product flavours
Flavored vaping products are highly appealing to youth. In Canada Gazette, Part I to be published on July 19, 2021, Health Canada is proposing measures that would:

further restrict the promotion of flavors to tobacco, mint, menthol or a combination of mint and menthol (mint/menthol), including through indications or illustrations on packaging;

prohibit all sugars and sweeteners as well as most flavoring ingredients, with limited exceptions to impart tobacco and mint/menthol flavors; and

prescribe sensory attributes standards to prevent a sensory perception other than one that is typical of tobacco or of mint/menthol.
Flavors other than tobacco, as well as sugars and sweeteners in vaping products, increase product appeal, decrease perception of harm and heighten intention to try or use vaping or tobacco products. Youth also tend to perceive flavored vaping products, such as fruit and candy, as less harmful to health than tobacco-flavored vaping products.
Health Canada is aware of the important role flavors can play in helping people who smoke transition from smoking. The proposed measures would leave some flavor options for adults who smoke and wish to transition, or have transitioned to vaping, which is a less harmful source of nicotine than cigarettes for those who switch completely to vaping.
June 20, 2021