Author: Staff Writer

  • Altria Seeks U.S. Importation Ban of Juul Products

    Altria Seeks U.S. Importation Ban of Juul Products

    Image: inimalGraphic

    Njoy has asked the U.S. International Trade Commission (ITC) to ban on the importation and sale of certain Juul products, including its currently marketed Juul device and Juul pods, citing patent infringements.  

    “Protecting our intellectual property is critical to achieving our vision,” said Murray Garnick, executive vice president and general counsel of Njoy parent company Altria Group, in a statement. “Juul has infringed upon our patents through the sale of its imported products, and we ask the ITC to impose appropriate remedies in response to these trade violations.”

    Njoy has also filed a complaint against Juul in the U.S. District Court for the District of Delaware based on the same patent infringement. Njoy Ace is currently the only pod-based e-vapor product to have received marketing authorization from the FDA, which deemed the marketing of the ACE device and three ACE tobacco-flavored pods as “appropriate for the protection of public health.”

    Njoy’s ITC complaint against Juul alleges trade violations associated with the sale of imported products that, according to Njoy, infringe U.S. Patent No. 11,497,864 and U.S. Patent No. 10,334,881. Njoy acquired the Asserted Patents from Fuma International, concurrently with the settlement of a patent infringement lawsuit filed against the company by Fuma.

    Njoy’s complaint is the latest development in a broader intellectual property dispute.

    In July, Juul Labs asked the ITC to block sales and imports of Njoy Ace, claiming that the product infringes several Juul patents. It has also filed a complaint against Njoy with the U.S. District Court for the District of Arizona.

    Juul Labs complain also targets Altria Group, which agreed to acquire the NJOY in March after exchanging its minority investment in Juul for a heated tobacco product intellectual property license.

  • Industry Group Lobbies Against Vape Flavor Ban

    Industry Group Lobbies Against Vape Flavor Ban

    Photo: fotofabrika

    The Russian Union of Nicotine Industry Enterprises (Spini) has called on the government to exclude food flavorings and nicotine salts from the list of active ingredients and additives that are expected to be banned by the Ministry of Health for issues of nicotine dependence, reports ECigIntelligence.

    Representatives of Spini, which has more than 50 members, have sent a corresponding letter to the minister of finance asking for the exception to the ban.

  • Israel Wants Public Comments to Help Tackle Smoking

    Israel Wants Public Comments to Help Tackle Smoking

    Israel’s health ministry has issued a request for public comments on an “action plan for all tobacco and smoking products,” reports The Jerusalem Post. The plan includes eventually raising the legal smoking age to 21 from 18.

    “The phenomenon of smoking is very worrying, and under my leadership, we are determined to promote measures to reduce it and increase awareness of the harm smoking causes,” said Health Minister Moshe Arbel. “This demands a complex and joint effort, and we are committed to implementing the policy in a variety of areas of prevention and encouraging quitting to promote public health and protect youngsters and adults alike from this serious damage to health.”

    “Given the dimensions of the spread of smoking, we have examined all possible measures and continue to act in many ways in order to raise awareness of the dangers of using these products,” said Moshe Bar Siman Tov, health ministry director-general. “We recommend adopting a strict policy and dramatic measures required by the necessity of reality, but it’s clear to all of us that the best way to stop smoking is not to start smoking.”

    The action plan includes decisions on the prohibition of flavors, giving the ministry powers to enforce the nicotine concentration limit, limiting the volume of the filling liquid allowed for import, marketing and sale, requiring graphic warnings on all tobacco and smoking products and visual uniformity to the smoking and vaping products, a ban on the sale of disposable electronic cigarettes, selling tobacco and smoking products in designated stores only and reducing the number of points of sale, raising the selling age to 21, giving authority to the ministry to enforce a ban on advertising on the internet, equalizing taxation on e-cigarettes and other tobacco products, and applying taxation to nicotine intended for nonmedical use.  

    The ministry’s statement said that “e-cigs are the gateway to smoking for young people who start experimenting with them at a young age; there is not strong evidence that e-cig use helps smokers kick the habit compared to the proven safety of other means of withdrawal, such as smoking cessation workshops, nicotine gums and patches and medical treatment. The scientific evidence on the health damage of e-cigs in the short[-term] and medium-term is known and described in the literature as affecting the respiratory system, cardiovascular system, trauma and burns, the developing brain in children and the creation of addiction.”

  • Tomorrow: FDA Tobacco Center Strategic Plan Event

    Tomorrow: FDA Tobacco Center Strategic Plan Event

    Vapor Voice Archive

    Tomorrow, Aug. 22, 2023 is the U.S. Food and Drug Administration’s Center for Tobacco Products (CTP) online forum centered on developing a 5-year strategic plan to advance its mission.

    As part of an iterative, center-wide process, CTP has developed five proposed goal areas. These goal areas are intended to be interconnected with four proposed cross-cutting themes: health equity, science, transparency, and stakeholder engagement.

    The center intends to publish the strategic plan by the end of 2023, following receipt and consideration of public input.

    Beginning at 10 a.m. EDT, the CTP virtual listening session will give the public an opportunity to verbally provide open public comment on the development of the 5-year strategic plan, including proposed strategic goals.

    CTP will begin with an overview of the process used to develop the center’s strategic plan, including proposed goal areas. Registered speakers will then have approximately 4 minutes each to verbally share their comments on any topics related to the strategic plan.

    Live closed captioning and ASL interpreters will be provided during the listening session. If you have issues registering or have any questions, please email malini.runnells@fda.hhs.gov or call 1-877-CTP-1373 between 9 a.m. and 4 p.m. EDT.

    A transcript and recording will be made available after the listening session.

    Use this link to view the session.

  • ALD Launches FRESOR B8000 X1 Disposable Vape

    ALD Launches FRESOR B8000 X1 Disposable Vape

    Credit: ALD

    ALD has announced the market availability of FRESOR B8000 X1, a disposable vape that boasts a smart screen, 8000-puff capacity and customization options, according to an e-mailed press release.

    The device is an extension of the company’s popular FRESOR disposable series, “setting new industry standards with its innovative digital display,” the release states.

    “No more guessing about e-liquid levels. The smart screen provides real-time updates, preventing dry hits,” it states. “The smart screen provides instant access to battery status and recharging progress … The interface is designed for both seasoned vapers and newcomers, offering simplicity without sacrificing sophistication.”

    Key features of the new device include:

    • Digital display screen that keeps track of e-liquid and battery levels;
    • Unique CMF design that offers a blend of elegance and innovation;
    • Smart dual mesh coil that provides consistent flavor throughout the devices lifespan;
    • OEM/ODM is also available that includes custom flavors, nicotine levels (0/1/2/5%), and branded packaging.

    “The FRESOR B8000 X1 promises an elevated vaping experience. Its digital display, unique design, FRESOR MAX technology, and customization options cater to vapers worldwide,” the release states.

  • High Light Vape Highlights Rogue Player Youth Issues

    High Light Vape Highlights Rogue Player Youth Issues

    Credit: High Light Vape

    The vape industry has always had an image problem. Rogue industry players have long been using cartoon characters and youth-friendly names that seemingly entice youth to use e-cigarettes.

    This has led to regulatory agencies such as the U.S. Food and Drug Administration to use a heavy hand when enforcing the products.

    Nothing highlights the issue more than an offering from High Light Vape, which is selling a vape pen disguised as a highlighter.

    High Light Vape’s “Office 4” e-cigarette has vibrant neon colors and an angled tip, making it identical to a regular highlighter often used by youth in school and home settings.

    The controversial product provides 4,000 puffs and comes in 20 different flavors, lending itself to being used in schools unnoticed by teachers.

    In a statement to NewsNation, High Light Vape said the design is meant to be a “discreet solution” for people who wish to avoid “scrutiny from their peers” within “professional environments.”

    “Emblazoned on our packaging is the prominent age restriction of 21 and older, a testament to our unwavering commitment to refraining from sales to minors,” the company added.

  • Kaival Brands Amends Agreement With Philip Morris

    Kaival Brands Amends Agreement With Philip Morris

    Photo: Kaival Brands Innovations Group

    Kaival Brands Innovations Group, announced that its wholly-owned subsidiary, Kaival Brands International (KBI), has amended its agreement with Philip Morris Products, a wholly owned affiliate of Philip Morris International (PMI), for the development and distribution ENDS products in markets outside of the U.S.

    Eric Mosser, CEO of Kaival Brands, the exclusive distributor of all products manufactured by Bidi Vapor, including the BIDI Stick electronic nicotine delivery system (ENDS), said in a press note that with more than a year of operational history for KBI and given the recent changes to regulations in international markets, it became clear that there were a number of opportunities to improve the terms of the original licensing agreement with PMI and reduce the burden of administering it.

    “We are extremely pleased to reach an agreement that shall enable us to achieve our objectives. The revised licensing agreement simplifies the payment structure resulting in cost savings of approximately $2.7 million for the Company over the lifetime of the license agreement,” said Mosser. “It also enables better predictability and forecasting for KBI and streamlines data reporting. Finally, we anticipate that the acceleration of royalty payments will be a net positive to our financial performance over the duration of the agreement.”

    Under the terms of the amended agreement, the parties agreed to revise certain terms, which provide for, among other things, a fixed pricing structure with volume-driven increases and a recapture of non-recurring engineering costs by KBI.

    Accordingly, Kaival Brands expects a reconciliation payment of approximately $135,000. It projects approximately $300,000 in additional royalties to be earned through the end of 2023.

  • Net Revenues for 2Q 2023 Fall for RLX Technology

    Net Revenues for 2Q 2023 Fall for RLX Technology

    Kate Wang / Credit: RELX

    RLX Technology announced its unaudited financial results for the second quarter ended June 30, 2023.

    Net revenues were RMB378.1 million ($52.1 million) in the second quarter of 2023 compared with RMB2.2 billion in the same period of 2022.

    The decrease was primarily due to the discontinuation of its older products and the negative impact of illegal products in the market after regulators’ special action ended in April, which disrupted users’ adoption of our new products that comply with national standards, according to the company.

    Gross margin was 26.1 percent in the second quarter of 2023 compared with 43.8 percent in the same period of 2022. The decrease was primarily due to the imposition of a 36 percent excise tax, which came into effect on Nov. 1, 2022.

    U.S. GAAP net income was RMB204.7 million in the second quarter of 2023 compared with U.S. GAAP net income of RMB441.6 million in the same period of 2022.

    Non-GAAP net income was RMB86.2 million in the second quarter of 2023 compared with RMB634.7 million in the same period of 2022.

    “During the second quarter of 2023, we continued to firmly execute our core strategy amid the challenging market environment,” said Ying (Kate) Wang, co-founder, chairperson of the board of directors and CEO of RLX Technology, in a statement. “Specifically, we remained dedicated to offering compliant, high-quality products while developing new products to meet users’ evolving needs.

    “Though the recent resurgence of illegal products has had a lingering impact on our sales, we believe the impact will be temporary rather than a major trend that could derail our recovery trajectory. As a trusted e-vapor brand for adult smokers, we remain confident that, supported by regulatory oversight, our premium products will continue to win users’ trust and gradually supplant inferior and harmful illegal products. Moving forward, we will continue prioritizing product innovation, harm reduction and quality control initiatives while further enhancing our product portfolio as we strive to create sustainable value for all stakeholders.”

    Chao Lu, chief financial officer of RLX Technology, added that the external challenges, especially the disruptions from illegal products, helped to deepen the company’s focus on efficiency and profitability improvement during the second quarter.

    “Thanks to our supply chain optimizations and product design enhancements, our topline improved sequentially to RMB378.1 million, and our gross margin rebounded by 1.9 percentage points from the first quarter of 2023. We also strengthened cost control, which helped significantly narrow our non-GAAP operating loss,” said Chao. “Notably, our operating cash flow turned positive for the first time since the new regulations were enacted. We believe our strong cash position will continue to support us in navigating the evolving markets, and we will pursue further gains in cost optimization and efficiency improvement to accelerate the pace of recovery.”

    The company hosted an earnings conference call at 8:00 a.m. U.S. Eastern Time on Aug. 18, 2023 (8:00 p.m. Beijing/Hong Kong Time on Aug. 18, 2023).

    A live and archived webcast of the conference call will be available on the company’s investor relations website at https://ir.relxtech.com.

    A replay of the conference call will be accessible approximately two hours after the conclusion of the call until Aug. 25, 2023.

  • California Cops Seize $189,000 in Illegal Vaping Products

    California Cops Seize $189,000 in Illegal Vaping Products

    Credit: Sundry Photography

    In the California city of San Mateo law enforcement officials seized a large number of flavored vape cartridges from a smoke shop following an unscheduled compliance check.

    Officers visited the store on Tuesday afternoon, August 15th to carry out the inspection after a person was observed purchasing a flavored vaping product, according to Hoodline.

    Officers with the San Mateo Police Department Youth Services Unit witnessed a store employee sell flavored tobacco to a customer, police said.

    California voters passed SB793 last November, banning the sale of flavored tobacco products, including e-cigarettes, e-liquids, pods, and any other vape device.

    An investigation of the store revealed 6,298 flavored vape cartridges, valued at around $189,000, according to police. The cartridges were seized, but the investigation remains ongoing.

    The San Mateo Police Department is coordinating with the San Mateo County District Attorney’s Office in filing charges.

  • Change of Pace

    Change of Pace

    The FAV successfully accomplishes its goal of bridging the gap between combustible smoking and vaping.

    By Mike Huml

    The FAV aims to achieve the seemingly impossible: replicating the taste of a cigarette without burning tobacco. Its primary focus is to effectively convert smokers into vapers, addressing the common complaint that vapes don’t taste like cigarettes. By precisely weaving a variety of tobacco leaves into the cotton wicking material, the FAV claims to have finally accomplished what no other device has managed to do over the past 15 or so years, which is to replicate the flavor and feel of an analog cigarette. Has it succeeded?

    The device itself is fairly standard. The rounded body contains a 450 mAH battery that can be charged via USB-C. Each replaceable pod comes in two pieces that snap together before use and are inserted into the body. These pods hold 2 mL of e-liquid, each coil has a resistance of 1.2 ohms, and the battery fires at a power of 9 watts to 9.5 watts. On average, the battery and the pod last for approximately 300 puffs to 350 puffs, with the battery charging in about 20 minutes. For comparison, the average pack of analog cigarettes offers 200 puffs.

    A decorative sticker is wrapped around the top portion of the body, adding some flair without being overly offensive to the aesthetic. The mouthpiece is round and wide, resembling the size and shape of a traditional cigarette while ensuring a smooth vaping experience without any spitback or gurgling. When the pod is installed, the device provides a haptic vibration to confirm that it’s ready to go, and a single LED offers some visual feedback as well. It’s a simple design but one that will appeal to the target market of current smokers who are likely not looking for anything extravagant.

    Aesthetics and operation are simple but also ancillary to the focus of the FAV. So how does it compare to a cigarette? First and foremost, the draw is remarkably similar to that of a cigarette. Vapers will likely recognize the trademark scratchy airflow reminiscent of the cartomizer days, which is ideal as cartomizers were always closest to emulating the sensation of smoking a cigarette. The FAV delivers a consistent yet intangible “fuzzy” experience when taking a drag, capturing the essence of an analog cigarette.

    What about the flavor? Does it taste like a burning cigarette?

    Not exactly. But it’s damn close.

    In a blind taste test, it may not fool a smoker entirely, but it unquestionably comes the closest any device has ever come. It’s important to note that cigarettes burn, and replicating that distinct flavor can only be achieved by burning something, which undermines the harm reduction aspect of vaping. The most apparent difference between the FAV’s flavors and other flavors is the lack of excessive sweetness. Over the years, e-liquids have become increasingly overloaded with sweeteners, which can be off-putting for smokers looking to transition. Additionally, the FAV delivers a substantial throat hit. As nicotine salts have become more popular due to the lack of throat hit, the FAV is more reminiscent of liquid nicotine, feeling more like a 24 mg to 36 mg liquid nicotine throat hit, which is far harsher than even most 50 mg nicotine salts. That’s impressive considering each FAV pod is offered at a strength of 20 mg.

    The FAV offers six flavors, roughly categorized as full flavored, light and ultralight, with corresponding menthol variations. The lighter flavors tend to be sweeter, but the level of sweetness in even the lighter flavors pales in comparison to traditional e-liquid flavors. The available flavors are as follows:

    Bravado (full flavor)

    This flavor certainly lives up to its name. It has the deepest tobacco flavor and strongest throat hit. It’s the earthiest flavor of the bunch, with a possible whisper of vanilla on the back end. The closest cigarette comparison would be Camel Turkish Royals.

    Bravado Jade (menthol full flavor)

    This flavor closely resembles its nonmenthol counterpart. While it introduces a mild cooling effect on the draw, the tobacco remains dominant throughout the exhale. The throat hit is primarily derived from the tobacco rather than the menthol. The closest cigarette comparison would be Newports.

    Iconic (light)

    This flavor is likely to become a favorite among users. It offers a touch of honey-like sweetness on the draw and a subdued tobacco flavor on the exhale. The throat hit is significantly milder compared to Bravado, and the flavor concludes with a cleaner finish. The closest cigarette comparison would be Marlboro Lights.

    Iconic Teal (menthol light)

    This flavor is notably crisper than Bravado Jade, delivering a cooler draw that persists through the exhale. The throat hit is slightly harsher than Iconic but still far less intense than Bravado. The cooling sensation lingers, but there is no minty flavor. The flavor leans more toward tobacco than menthol. The closest cigarette comparison would be Marlboro Milds.

    Resolute (ultralight)

    This flavor exhibits a subtle saccharin sweetness on the tip of the tongue during the draw, disappearing immediately upon inhalation. The throat hit is surprisingly sharper than with Iconic. Resolute offers a somewhat tangy exhale and minimal tobacco flavor overall, resulting in a sharp yet clean taste. The closest cigarette comparison would be Parliament Lights.

    Resolute Green (menthol ultralight)

    This flavor shares the same sweetness on the draw as Resolute but delivers a slightly sharper throat hit and a notable menthol presence on the exhale. The tanginess persists but is balanced by the menthol, resulting in a well-rounded experience. The closest cigarette comparison would be Marlboro Menthol Ultra Lights.

    Unlike traditional cigarettes, the “light” designation does not affect nicotine levels, as all flavors contain nicotine at a strength of 20 mg. However, none of the aforementioned flavors leave a lingering chest tightness or residual wheezing. While they may not taste as “clean” as traditionally flavored e-liquids, they still provide a clean-feeling vaping experience. It’s worth noting that the menthol varieties do not possess an overpowering icy kick. As of yet, there is no comparable option for those seeking a flavor similar to Kools.

    The FAV is undoubtedly the best option for smokers who still enjoy smoking and are not necessarily looking to quit altogether. Transitioning from smoking to vaping, though easier than quitting abruptly, still requires some adjustment. Many new vapers who persist for at least two weeks often find themselves missing the act of smoking but no longer able to tolerate the taste when they revert back. However, many individuals are unable or unwilling to endure that duration and end up abandoning vaping to return to smoking.

    For individuals who have been exclusively vaping for an extended period, the FAV may not offer much novelty. While some vapers might be tired of overly sweet flavors saturating the market, the thought of a cigarette’s taste can be overwhelming for many. Nonetheless, the FAV is perfect for those genuinely committed to making the switch while still enjoying the flavor of their cigarettes.

    Until now, tobacco-flavored e-liquids have failed to hit the mark. True tobacco flavors often resemble licking a tobacco leaf while others present a disappointing blend of nutty, vanilla and caramel notes. As previously mentioned, replicating the flavor of burning without actually burning something is nearly impossible. By incorporating tobacco into the wicking material, where it is subject to heating, the FAV comes remarkably close to achieving that goal.

    Although many manufacturers have experimented with heat-not-burn devices that vaporize tobacco leaves, these devices have seen little success. The FAV strikes a harmonious balance between liquid-based e-cigarettes and heat-not-burn (HnB) devices. It operates similarly to any other pod system but offers a taste more akin to an HnB device without the waste and inconvenience of loose-leaf replacement.

    Furthermore, the FAV aims to address the issue of youth vaping. The device’s chip remains nonfunctional unless activated by the retailer at the point of sale, adding an additional layer of security, provided the retailer follows ethical practices. Moreover, the FAV’s flavors primarily attract current smokers, making it less appealing to minors by design.

    However, this feature also prevents the use of stolen products and ensures that only legitimate pods will work with the battery. There are plans to incorporate more features in the future to enhance security and assist with the cessation process, such as limiting the number of puffs per day.

    At its core, the FAV does not differ significantly from other pod systems. It consists of a pod inserted into a battery, producing vapor upon inhalation. Its aesthetic design is generally unremarkable, not standing out in any particular way. Nevertheless, given its target market, this approach is likely the best route for the FAV.

    It appeals to a broader audience, and its true innovation lies beneath the surface. No other device, be it a pod system or otherwise, can genuinely claim to taste like a cigarette. The FAV can, and it is not mere hype. Although it does not perfectly replicate the experience of an analog cigarette, it comes remarkably close. Introducing a mind-numbing menthol flavor to the lineup would be a welcome addition, but the FAV is undeniably a unique offering in the market.

    The FAV successfully accomplishes its goal of bridging the gap between smoking and vaping, exceeding expectations in the process. This device fulfills the desires of smokers who were hopeful when vaping first gained popularity. Many curious smokers were deterred by poorly executed tobacco flavor reproductions, subpar build quality and poor quality control.

    The FAV presents a simple yet refined device, born out of years of iteration and improvement of the pod system archetype. It combines this perfected design with new and innovative flavor technology, potentially capturing the attention of smokers who have remained unconvinced over the years.

    For an industry that thrived on innovation for so long, it is refreshing to witness truly meaningful innovation reemerge. The FAV stands as a distinctive device in all the ways that matter, potentially serving as the missing link in the market that smokers have been eagerly awaiting.