Author: Staff Writer

  • Supreme Shares Soar After ElfBar Distro Agreement

    Supreme Shares Soar After ElfBar Distro Agreement

    guy holding 88vape e-cigarette
    Credit: 88Vape

    UK vaping giant Supreme saw its shares rise shares five percent yesterday after the company announced it is now the “master distributor” for UK e-cigarette brands, although the company has reported weak annual profits.

    The firm has been chosen as the master distributor for two leading UK vaping brands, ElfBar and Lost Mary, which it will supply to major UK retailers such as Tesco, Morrisons and WHSmith Travel.

    The London-listed company expects the partnership to generate revenues of £25m to £30m ($38 million) over the next fiscal year ending March 2024, according to media reports.

    This comes amid a political crackdown on vape products – especially for those under-age.

    Sandy Chadha, CEO of Supreme, said the “sizeable” appointment will allow the group to “fully leverage its unique technical, regulatory, compliance and quality assurance capabilities within the vaping sector.”

    “We have seen a hugely positive response from both established and new retailers who view Supreme as an ideal partner to supply these products across the UK,” Chadha added.

    Supreme says their strong market presence, distribution network, and compliance capabilities provide ElfBar and Lost Mary with a “readymade blueprint” distribution strategy.

    The company will report its sales performance separately from the existing vaping category, which includes their own 88Vape brand.

    It comes as Supreme posted a record performance in their vaping division this morning, with nearly doubled revenues up to £76.1m from £43.6m last year, and an £8.6m increase in gross profit.

    £76.1 million (FY22: £43.6 million) and increasing gross profit to £28.1 million (FY22: £19.5 million)

    In 2023 they ramped up investment in M&A and capital expenditures by £7.5m to “support future growth”.

    “As we look to the future, we remain committed to expanding our product set, both organically and via acquisition,” Chadha commented:

  • Maryland Starts Sales of Recreational Marijuana

    Maryland Starts Sales of Recreational Marijuana

    Credit: Federico Magonio

    Maryland began sales of recreational marijuana on Saturday, only eight months after the state’s voters approved a ballot measure to legalize cannabis for adults.

    The first day of adult-use cannabis sales brought out lines of customers eager to shop at the state’s medical marijuana dispensaries, which were given the first crack at the newly legal market for recreational weed in Maryland by a bill to regulate adult-use cannabis passed in the spring.

    In November, Maryland voters legalized recreational marijuana with the passage of Question 4, a state referendum that was approved with nearly two-thirds of the vote, reports Forbes.

    In April, lawmakers passed legislation to regulate adult-use cannabis production and sales beginning on July 1, followed by the signing of the bill by Governor Wes Moore in early May.

    Under the measure, all adults in Maryland age 21 and up with proper identification will be allowed to purchase regulated marijuana products including cannabis flower, vapes, gummies and others, with sales beginning at the state’s existing medical marijuana retailers.

    The legislation also changed the Maryland Medical Cannabis Commission, which regulated the production and sale of medical marijuana, to the Maryland Cannabis Administration.

    Will Tilburg, the acting director of the new agency, said that regulated sales of cannabis in Maryland are expected to triple over the next year with the launch of recreational marijuana sales.

  • FTC Drops Action Against Altria for Juul Purchase

    FTC Drops Action Against Altria for Juul Purchase

    Credit: Ascannio

    The U.S. Federal Trade Commission dismissed a complaint against NJOY parent Altria Group and e-cigarette maker Juul Labs that was brought after Altria bought a 35 percent stake in Juul Labs.

    The agency also said on Monday it would vacate an FTC administrative law judge’s decision in favor of the companies in February 2022. Since it has been vacated, it cannot be cited as precedent, the agency said in the statement announcing it was dropping the litigation.

    The FTC said in 2020 that Altria’s $12.8 billion investment violated antitrust law because the company acquired the position rather than continuing to compete against Juul in the market for closed-system e-cigarettes, according to Reuters.

    Altria had exited the stake earlier this year and had asked the FTC to drop the challenge. As of December, its share of Juul was valued at $250 million, down from $12.8 billion in 2018.

    Altria said on Monday it was pleased by the FTC dropping its complaint.

    Separate from the FTC action, Juul Labs has fought with the U.S. Food and Drug Administration over whether it could sell its Juul e-cigarettes in the United States.

    Altria’s MarkTen was at one point the second most popular e-cigarette maker, according to the FTC.

    In May, Altria said that it would pay $235 million to settle at least 6,000 lawsuit.

  • Vaporesso Launches Two New Products in Dubai

    Vaporesso Launches Two New Products in Dubai

    Vaporesso, the open system arm of the world’s largest atomization company, Smoore International, unveiled two groundbreaking products, the Vaporesso COSS and Vaporesso ECO, at the World Vape Show held at the Dubai World Trade Centre from June 21 to 23.

    “We are thrilled to introduce Vaporesso COSS and Vaporesso ECO to more vapers at the show. These two revolutionary products are set to enhance the vaping experience, with their user-friendly features and eco-friendly design,” said Jimmy Hu, vice president of Vaporesso.

    The COSS is being labeled as a “game-changer in the vaping industry,” according to a press release. The system addresses the pain points of existing products and offers an intuitive design that caters to the vaping habits of users.

    “The product’s slogan, Convenient Operating, Smart Supplying, embodies its features. The Vaporesso COSS boasts the smallest size of vaping device and the longest battery life,” according to the release. “It also comes with an automatic liquid filling and charging feature. With Coil-oil Separation System, the Vaporesso COSS ensures a fresh taste without any leakage, and its consistent taste is a unique feature that sets it apart from other products.”

    The ECO emphasizes the value of being eco-friendly, economical, and eco-self, according to the release. It is refillable and rechargeable. Along with its larger capacity, longer battery life, reduced heavy metal content, and leather paper packaging that can be reused and recycled, the ECO is more cost-saving, eco-friendly, and safer for both the environment and humans when compared to disposable products. The product’s daily usage costs are reduced by 60 percent, which makes it accessible to a wider audience.

    “In addition to COSS and ECO, the company also has an IP counter featuring its highly popular XROS Series and LUXE X Series, along with a special display counter for its TARGET Series and GEN Series,” the release states.

  • CTP Touts Progress Addressing Reagan-Udall Goals

    CTP Touts Progress Addressing Reagan-Udall Goals

    Brian King, director of U.S. Food and Drug Administration’s Center for Tobacco Products (CTP), published a statement summarizing the CTP’s progress in addressing the recommendations from the Reagan-Udall evaluation.

    At the request of FDA Commissioner Robert Califf, the Reagan-Udall Foundation evaluated the CTP’s operations. In December, the foundation submitted its report, which identified several problems hindering the agency’s ability to regulate the industry and reduce tobacco-related disease. Among other recommendations, the foundation urged the CTP to make process improvements and increase transparency.

    According to King, the CTP has made significant strides in putting its plans for improvement into action. The agency, he said, is on track to issue proposed goals this summer, and to release the final plan by December 2023. The CTP intends to hold a public meeting in the summer of 2023 to seek stakeholder feedback about the strategic plan.

    Meanwhile, said King, the CTP Ombuds Office is leading the creation of an operational strategy to improve transparency and information sharing across all programmatic areas, including establishing transparency liaisons. Externally, the center is planning for upcoming public meetings to gather stakeholder input. CTP also published a webpage of all the tobacco products-related citizen petitions received by the center to provide the public with information about such citizen petitions that is easy to access and user-friendly.

    According to King, the center has reviewed 99 percent of tobacco product applications submitted over the past three years, authorizing 23 tobacco-flavored e-cigarette products and devices. The CTP is planning a public meeting in fall 2023 regarding the application review process.

    Meanwhile, the center is in the process of finalizing rules related to menthol cigarettes and flavored cigars and continues to work toward publishing a proposed rule that would establish a maximum nicotine level to reduce the addictiveness of cigarettes and certain other combusted tobacco products.

    CTP also recently proposed new requirements for tobacco product manufacturers regarding the manufacture, design, packing and storage of their products.

    King also highlighted the CTP Office of Science leadership’s participation in conferences and external meetings. For example, representatives from the Office of Science recently presented at the Food and Drug Law Institute’s Nicotine Product Regulatory Science Symposium, the E-Cigarette Summit and the TMA annual meeting (see Todd Cecil’s TMA presentation here).

    “I am proud of the significant progress the center has made to date in addressing the external evaluation recommendations, and I am confident that we’ll continue to make important strides in continuing to build and strengthen FDA’s tobacco program in the future,” said King.

    A comprehensive list of CTP status updates for each Reagan-Udall Foundation recommendation is available here.

  • The Vape Sectors in Egypt and Israel are Growing

    The Vape Sectors in Egypt and Israel are Growing

    The vaping markets in Egypt and Israel vary, but both are thriving and helping smokers switch.

    By Norm Bour

    The Middle East has always been full of smokers, and vaping has made an impact, but not to the same degree as other countries. While in Israel, I visited a few vape shops in Tel Aviv and Jerusalem, and there were some immediate similarities between them and the U.S. There were also significant differences.

    Mendel Silverman works at the Drop Shop in Jerusalem and has been in the business for several years. When Silverman moved from the U.S. to Israel, he took up hookah—until he realized how unhealthy it was and switched to vaping.

    “The industry is very robust, and unfortunately one of the biggest weaknesses is customer service,” he confessed, though that has been the bane of the vape space since the beginning. “We are lucky because we still have enough leeway to offer our own [e-liquid] mixes in a variety of nicotine levels, from 0 to 18 and about a dozen in between. And [nicotine] salt is a big seller, even though the regulators have made it more difficult and taxed the hell out of it.”

    Both Israel’s finance and health ministries aimed to tax vaping products at the same rate as cigarettes. Maintaining that vaping is just as dangerous as smoking, the health ministry initially sought an even higher tax. According to Israel Hayom, an Israeli news outlet, Finance Committee chairman Alex Kushnir “reduced the conversion formula by 30 percent compared to what the Ministry of Health wanted.”

    That tax comes out to be ILS21 ($5.75) per millimeter, which equals 270 percent of the wholesale cost, plus $4.94 per milliliter of e-liquid, which is the second highest e-liquid tax rate in the world.

    E-cigarettes and e-liquids are regulated in Israel under the Tobacco Act, and they are subject to the same restrictions as combustible cigarettes. However, Israel’s health ministry has recently discussed the possibility of banning marketing of electronic cigarettes. The ministry said, “options are being examined due to two difficult cases and the widespread phenomenon,” referring to the increase of youth using e-cigarettes.

    Watching Silverman add ingredients to a bottle of base—basic PG and VG—was a throwback to the U.S. pre-restrictions days when vape shops in the U.S. could do the same thing.

    “We don’t sell any off-the-shelf flavors,” he shared. “But we can add menthol, flavors and nicotine to match (consumer) needs, and we can sell it cheaper than if we sold a name brand bottle that was complete.”

    The owner of Drop Shop started the business selling products from the trunk of his car 10 years ago, a theme that appears to recur worldwide. As demand grew, he opened his first retail shop, which was robust until 2019 when the government banned importation of e-liquids with more than 2 percent nicotine. That devastated the business, so Silverman started creating his own flavors, paid tax on the nicotine and moved into a smaller shop.

    Like their counterparts elsewhere, Israeli regulators justified charging higher taxes with the need to curb sales to minors, but such measures are usually equally driven by a desire for money. Even though the market is hurt, sales to all age groups continue, and the taxation affected cigarettes as well but not to the same degree.

    Universally, excessive taxation of nicotine has created an underground movement in Israel, with many vapers making their own juices. It also pushed many vapers back to smoking. I shared my surprise at seeing many “religiously dressed” people smoking. “The yeshiva world, which involves the study of the Torah and Rabbinic text, has always been heavily into tobacco because it also includes the social aspect of it,” explained Silverman. Students and practitioners gather in coffee shops and similar places, and they all smoke together. In many cases, they do not have much of a life outside their studies, so tobacco is even more significant.”

    According to the Israel Ministry of Health, smoking rates of the 21-plus crowd have been hovering at about 20 percent for several years, including a large percentage of military members. We finished our conversation by talking about the game changer of the past few years: disposable products.

    According to Silverman, most Israeli consumers are looking for the simplest way to vape, but they have more interest in the nonrefillable versions even though they are more expensive.

    The bottom line for vaping, taxes and smoking in Israel is that most things will probably remain status quo until or unless something seriously rocks the boat.

    Over the Border

    The vape scene in Egypt is totally different. For many years, vape products were illegal and mostly underground, but that changed in May 2022 when vape products were legalized. Considering that the industry is very much in its infancy, it still has a ways to go.

    “The lifting of the ban highlights the Egyptian authorities’ progressive approach to e-cigarettes and sets the stage for the creation of a regulated market rich with business opportunities through serving the demand for easily accessible, quality products by legal age (adult) consumers across the country,” wrote RELX International, a leading player in the segment, in a statement last year.

    With its decision to legalize vaping, Egypt joins global and regional markets, such as Kuwait, Saudi Arabia and the United Arab Emirates, which have also legalized and commercialized the consumption of e-cigarettes. As regulators around the world become more accepting of e-cigarettes, the market is expected to continue its steady growth in the coming years.

    To complicate the situation, Egypt has a considerable problem with counterfeit products, so it appears that regulated and ethical vape shops have a huge obligation to help smokers quit.

    In Cairo, a city of 22 million people, the vape scene is a wide-open opportunity, but finding a vape shop, a true vape shop, proved challenging. Google calls them “vape shops,” but they are more like small kiosks with a limited selection of products.

    Many Egyptians are familiar with vaping and the advantages it offers, but true knowledge is rare, and even in a city that large, there were only a handful listed. However, by lifting the ban on e-cigarette products, Egyptian authorities have opened the door to a plethora of business and investment options, according to RELX International.

    “Authorized e-cigarette products are traditionally retailed by small-sized and medium-sized businesses, so the move will bolster existing businesses that sell such products and will attract entrepreneurs wishing to set up new retail points across the country. It will likewise draw investment into the country from e-cigarette brands who wish to set up shop in the country and address the market,” the company wrote in its statement. 

    How much vaping will be embraced by smokers is another story. One in four Egyptians smokes, a ratio that has remained consistent for the past two decades. As high as that number is, Egypt remains near the bottom of the 20 countries with the highest percentages of smokers.

    Times are changing, though. In May 2023, the Egypt Vape Expo was held at the Cairo International Convention Center. This event marked the first legal e-cigarette expo in Egypt and attracted many players from B2B channels in North Africa and the Middle East, according to attendees. Many said the show was a success.

    The Middle East has long been a black hole for the vaping industry, and it’s only recently that the government has opened the doors for entrepreneurs. However, the success of vaping businesses remains to be seen.

    Norm Bour is the founder of VapeMentors and works with vape businesses worldwide. He can be reached at norm@VapeMentors.com.

  • Innovative Focus

    Innovative Focus

    TabExpo returned to the nicotine show circuit in Bologna, Italy, in May with innovative industry insights.

    By VV Staff

    TabExpo is back. Since the inception of TabExpo in 1994, the industry trade show has provided exhibitors and visitors with interests in the nicotine industry an elite opportunity to showcase their products and network among contemporaries. This year, TabExpo was held at the BolognaFiere in Bologna, Italy, May 10–11, and visitors and exhibitors alike said the show exceeded their expectations.

    In November 2019, TabExpo was acquired by U.K.-based Quartz Business Media, owner and organizer of the largest network of tobacco and nicotine-related exhibitions and conferences in the world. This year’s event was attended by over 100 exhibitors and more than 2,000 visitors representing all aspects of traditional and next-generation nicotine products from leaf suppliers to e-liquid manufacturers.

    TabExpo is much more than a typical tobacco tradeshow. One highlight of TabExpo 2023 was its Innovations in Tobacco conference. The sessions mainly focused on the future of the nicotine industry and the roles sustainability and modernization will play. The congress sessions were often standing room only. Below is an overview of the sessions and the insights shared by the numerous speakers.

    Keynote: Flora Okereke, head of global regulatory insights and foresights at BAT

    Conversations on the regulatory environment in the nicotine industry can be complicated. During her keynote, Flora Okereke, head of global regulatory insights and foresights at BAT, told attendees that regulation is important because many of the industry’s tobacco harm reduction goals can be enhanced by the policy environment. However, regulation can also create an obstacle.

    Okereke said that beyond regulatory policy, innovation is driving the transformation from both within the manufacturing supply chain and the retail sector. “In the past year, there has been a huge upheaval as a result of innovation, as a result of acquisitions, as a result of what we are doing in a journey to transform our industry,” she said. “You can see this in the amount of products that are new and coming to the markets, and the technologies that are coming up, and the kind of ways that we are monitoring environmental issues.”

    Additionally, the nicotine industry is no longer made up exclusively by major tobacco companies. Most of the innovations, such as e-cigarettes, were developed by entities outside the traditional tobacco sector. When considering the regulatory environment for next-generation products, Okereke said that regulators should not regulate blindly and must take the time to consider the impacts regulation can have on harm reduction goals.

    “I will say that because of the transformation, because of the eagerness for us to move from smoking tobacco to our newer products, expectations that are being made without proper milestones are going to create problems,” she explained. “I can [also] tell you regulation, while it is not something that you do daily, it’s a critical accelerant—a critical catalyst for our industry. It can derail what we are doing, but also, it can support a moving forward. This is why we have to not ignore it and put our head under the table but to face it squarely and be constructive as to how we look at it.”

    One of the potentially most impactful regulatory decisions being considered that could affect nicotine is environmental policy. Okereke said that environmental protection is now at the top of everyone’s agenda: many governments, many nongovernmental organizations, and it’s a public policy priority. There is even an environmental meeting at the global level being held by the United Nations trying to formulate a treaty similar to the World Health Organization Framework Convention on Tobacco Control  that, when it comes to plastics, is probably going to change our industry, she said.

    “The tobacco control advocates are calling on the prohibition of filters, on disposables, on the treatment of waste,” said Okereke. “This is happening not just at a global level; it is happening in most of the markets. So the sector needs to work together in a constructive manner to agree and determine how it responds to what is coming,” she said. However, if governments can put in place a regulation that permits companies to give clear communications to consumers to help them understand the relative risk of various products, that kind of regulation would be a catalyst that should work for everyone.

    “If the regulator would look at some of these new products … and understand that the relative risk means that they could be incentivized, maybe in a fiscal way, that will enable adults who would like to move away from smoking to make that movement because we all believe that what they want, what society wants and to some degree what some smokers want, or our consumers, is to have the choice to move to a reduced-risk product,” said Okereke.

    Another major issue driving regulation is concern about youth access, especially in relation to next-generation products such as disposable vaping devices. “It’s almost the underpinning reason that justifies why regulators are taking very extreme measures,” said Okereke. “And I think it’s important that we look at it. I think it’s important that we find a solution that addresses this issue,” she said. “It is also because of this, the regulators say, [that] issues like flavors are being treated negatively. Whether you are a manufacturer or a person in the supply chain, [it] is important that we find the right solution to address [youth access].”

    Okereke also discussed the latest regulatory trend: tobacco “endgame” legislation, which is a tool to end the use of tobacco. Unfortunately, some countries are looking beyond tobacco and using that concept to call for an end to nicotine in any form. “Please don’t ignore the endgame scenario and think that it refers only to cigarettes,” she cautioned. “It doesn’t.”

    In the end, Okereke said that all sectors of the nicotine industry must join together to fight for sensible harm reduction policies that drive consumers away from combustible tobacco products. Now is the time to work together to give the government a single message that less risky nicotine products have a role to play in smoking cessation, she insisted. “We need to defend and protect that space for all of us, especially during the upcoming COP10 in Panama later this year,” she said.

    Okereke also urged the industry to stress to regulators the value of harm-reduction products ahead of the WHO gathering. “I think it is time for you to use your access to your government,” she said. “Remember, the parties are the ones mandated to make decisions at this meeting. Countries have the mandate to raise their voice and their opinion.”

    Keynote: Patrick Basham, director of the Democracy Institute

    Communication is a problem in harm reduction circles. During his keynote address, Patrick Basham, director of the Democracy Institute, said that many medical professionals, consumers and anti-nicotine campaigners believe the narrative that all nicotine products are dangerous. Furthermore, many of these people wrongly believe that nicotine rather than the chemicals released during combustion causes cancer. They believe this, said Basham, because anti-tobacco harm reduction lobbyists have told them so.

    “These lobbyists have told them [these misconceptions] are true because they don’t trust tobacco and nicotine consumers with the truth, so they must alter it for them,” said Basham. “Now, it’s indeed true that most well-funded public health institutions and stakeholders are rabidly anti-tobacco harm reduction. The World Health Organization is the most clear-cut example. You’ve got billionaire philanthropists funding global campaigns that, in concert with the WHO, incentivized national governments and their public health agencies to ignore or to disparage tobacco harm reduction’s demonstrated ability to improve public health.”

    Many consumers, meanwhile, are either uninformed or ill-informed about tobacco harm reduction, and the specific products central to its implementation. Basham said that the ignorance is deeply frustrating because prohibitionist politicians, philanthropists, regulators, public health organizations and academics have consciously erected barriers to better consumer understanding of harm reduction products.

    Even more frustrating is that the governments of many smaller-sized and medium-sized nations look to organizations such as the WHO, the U.S. Food and Drug Administration and the EU for case studies, regulatory models, bureaucratic signals and political cover regarding tobacco harm reduction. However, what “our rulers and rule regulators say and what people believe about tobacco harm reduction and reduced-risk products is neither the actual truth nor the entire truth,” said Basham. “The good news about tobacco harm reduction is that the bad news is wrong.”

    According to Basham, the tobacco harm reduction experience is a positive story. Although it’s hard to be fair and balanced about tobacco harm reduction politics, the reality is that some steps taken by governments and public health bodies have empowered tobacco harm reduction while other steps have retarded its progress, he said.

    A good many countries, international institutions and public health organizations are employing and advocating for tobacco harm reduction policies and proven strategies to reduce cigarette consumption. Many governments have adopted quite sophisticated harm reduction strategies and policy prescriptions. To date, nearly 70 countries have adopted regulatory frameworks on reduced-risk products, and an enormous number and variety of electronic nicotine-delivery system products are in the marketplace, with nearly 16,000 flavors available and global sales rising to more than $15 billion. Heated-tobacco products are available in over 50 markets worldwide.

    “Only one Western democracy—Australia—still illogically and irrationally requires its citizens to possess a nicotine prescription to vape,” according to Basham. “Snus is legally bought in 81 countries. Reduced-risk products are already being used by 112 million people worldwide, with approximately 82 million vapers, 20 million heated-tobacco users and 10 million smokeless tobacco users,” he said, citing statistics from a Democracy Institute study. “The evidence in favor of tobacco harm reduction as a complementary intervention to help drive down death and disease from smoking is, I suggest to you, robust.”

    All the countries that adopted a regulatory framework for less risky nicotine products subsequently reported a dramatic decline in smoking prevalence. Countries that embrace vaping have witnessed a decrease in smoking rates that is twice as fast as the global average. “We now have extensive international evidence that vaping is the world’s most effective smoking cessation tool. Snus’ extensive contribution to improvements in Swedish public health is well documented,” he explains. “Let me just highlight that over the last 15 years, Sweden slashed smoking rates from 15 [percent] to 5.6 percent. The EU’s average smoking rate, meanwhile, is 23 percent, 4.5 times higher than Sweden.”

    When Norway allowed snus products to be more widely available, cigarette smoking fell by half in just 10 years. Japan’s tobacco harm reduction policies have led to a remarkable drop in cigarette smoking. In October 2020, the smoking rate in Japan dropped to a record low of 16.7 percent. Between 2016 and 2021, domestic combustible cigarette sales in Japan declined by 43 percent. This decline was directly attributable to the availability of heated-tobacco products, according to Basham.

    “So, tobacco harm reduction truly is a refreshingly good news story. That’s the reason governments around the world are increasingly placing tobacco harm reduction at the heart of their anti-smoking strategies. Governments should legalize the import, export, sales, possession and use of reduced-risk products,” said Basham. “Reduced-risk products should be as widely available as tobacco products and available without a prescription.”

    Panel: Reinventing for Sustainability

    Solutions to environmental concerns are not individual contributions but are built upon a series of interlocking breakthroughs and tweaks. That presents an almost composite picture of progress in the nicotine industry. Chris Greer, CEO of TMA, expressed this notion as moderator for the panel “Reinventing for Sustainability.” The discussion centered on how innovations are at the forefront of producing sustainable nicotine products from packaging to production to distribution to consumption.

    Everyone touched on new product innovation and that it will take the entire nicotine industry to work together to achieve many sustainability goals. Packaging, for example, transcends all consumer products. Innovations in packaging can help nearly all consumer product companies achieve a percentage of ESG goals. “In packaging, we have to react and change because of the pressure from the government or the environment,” said Michael Pierse, sales director at IRPLAST. “In 2018 and 2019, in the plastics industry, in our company, we all of a sudden realized that sustainability and environmental impact was no longer just something difficult we’re talking about, but it had to be enacted.”

    There is no cigarette company that would allow cigarettes to be sold unpackaged without wrapping film to guarantee the consumer receives the product in the same state it was when it came out from the factory (although they cannot prevent retailers in many developing countries from selling cigarettes by the stick to smokers with low disposable incomes).

    “We were faced with a challenge. Our product is fossil-based. Every kilogram of polypropylene film made from fossil fuels emits between 3.5 [kg] and 4 kg of carbon dioxide into the environment. That’s a very heavy fossil footprint to be addressed,” said Pierse, who highlighted his company’s NOPP (natural oriented polypropylene) tape, a new generation of high-performing and eco-friendly adhesive tapes manufactured with 50 percent recycled materials.

    There has been progress, too, on the front of filters, which remain one of the most commonly littered items on the planet. Filtrona CEO Robert Pye said his company has 10,000 future filter designs in a storage facility at its innovation center. He said that Filtrona is committed to more degradable and sustainable products. The higher degradability and nonplastic options of its ECO range is clear evidence of this commitment, he said. At TabExpo, Filtrona debuted its latest plastic-free innovation, the ECO Tube Triple Carbon Filter.

    “We’re all on the journey together,” said Pye. “So even in our traditional filters, we have very good partners that we also develop traditional cigarette filters with reduced carbon effects and increased sustainability. A real game changer is the ECO range. This is something that we can see that can definitely transform the industry.”

    ECO range is born out of partnerships with Filtrona’s customers and suppliers. There are many different forms that Filtrona can move forward with its filter technology, but Pye said the ECO range will help both his company and the traditional cigarette manufacturers it supplies meet ESG goals.

    “I know from our sales and through China we’re seeing probably half of our developments now based in sustainable products within our range. Our customers are driving us that way,” said Pye. “We are seeing different sorts of materials supplies and equipment supplies which will help us progress further in the journey to supply more of the ECO range. Of course, to get all of these plans together in the [necessary] scale is something we need to work through as well.”

    Schweitzer-Mauduit International (SWM), too, has been working to improve the sustainability of its products. Last year, the company launched Evolute, a fiber-based filtering media. Alice Jaussaud, product manager in the engineered papers division at SWM, said that the company has observed an acceleration of the demand for alternative solutions that is reinforced by societal trends toward sustainability. “We can say that, in terms of innovation, we do whatever is possible or in our control to make it happen,” she said. “And then it is about working together; it is a lot about partnerships.”

    Also discussing filters, Luis Sanches of Greenbutts said that of the more than 5 trillion cigarettes produced globally each year, the majority end up in the environment after consumption. Cigarette butts are the most littered plastic item on earth. While most of a cigarette’s components quickly disintegrate when smoked or disposed of, the filter will stick around for some time. Around 98 percent of cigarette filters comprise cellulose acetate (CA), a polymer that is slow to degrade in the environment. It can take up to 14 years for a CA filter to degrade, depending on the conditions of the environment where it has been discarded.

    One challenge, according to Sanches, is ensuring that a better biodegradable filter doesn’t change the user experience. “We want the consumers to have the same or even better experience that they have currently,” said Sanches. “This is pretty much our mission.”

    Greenbutts spent almost a decade designing and developing filters that provide comparable taste and filtration properties as current CA filters but will disperse in water within several minutes with agitation and begin to degrade in compost within several days, according to Sanches. “You don’t want your wine to be affected by the glass that you’re drinking. And you don’t want your pasta or your lasagna to be affected by the plate it’s served on. The same thing for a cigarette,” he said. “Nobody wants the filter to alter their taste of the cigarette.”

    The machinery producing the filters is integral to helping companies meet their ESG goals. Montrade has led the way in making machines for sustainable products with production speeds of 5,000 filters per minute. It is also creating sustainable packaging solutions, according to Antonella Giannini, co-founder and sales director of Montrade.

    “Montrade always strives to develop for the ever-changing and fast-approaching future,” she said. “We work to provide the means for the industry to transition into the next generation of environmentally focused products, including biodegradable filters and plastic-free alternatives for multiple product categories,” she said when discussing her company’s partnership with Greenbutts. “When designing for the ocean and environmental sustainability, our innovations in paper filter technology along with novel plant-based technology, such as the Greenbutts’ water-dispersing substrate, will work together to meet the requirements of the European Union’s Single-Use Plastics Directive.”

    Summarizing the session, Greer stated that, fundamentally, meeting ESG goals is about trust. “The most important ingredient in all of the things that you are doing is trust; the trust that you have between yourselves and your clients, the trust that you have with your internal teams,” he observed.

    Keynote: Tim Phillips, managing director of Tamarind Intelligence

    The global e-cigarette is worth more than $50 billion. There are also now more than 100 million vapers worldwide, according to Tim Phillips, managing director at Tamarind Intelligence. This year marks the 10th anniversary of Wells Fargo Managing Director Bonnie Herzog’s famous prediction that vaping products would overtake the combustible cigarette market. Herzog’s prediction was bold, said Phillips, adding that she could not have imagined the regulatory firestorm suffered by vaping products.

    Phillips noted that in another 10 years, Herzog could prove to be correct, however. “I was doing some very back-of-the-envelope calculations this morning, but I think if you give it another 10 years, we might well get there,” he said. “We’ve got combustible cigarettes slowing down in pretty much all Western markets. We’re seeing growth rates in some of these novel nicotine products in the 10s or many more percent points per year. And over a period of 10 years, I think we may well see [combustibles] replaced. I think my message to you is just be really careful of that. I think we’re going to see a massive acceleration of alternatives for nicotine products, and we will see a replacement of combustible tobacco over time. It’s just a matter of time.”

    Next-generation nicotine products come in three dominant varieties: nicotine pouches, heated-tobacco products and vaping products. Phillips said the segment is growing fast but at different rates in different areas of the world. It’s also very fragmented. “It’s completely different to traditional combustible cigarettes,” he said. “The market is growing in all sorts of different ways, and there are enormous opportunities to benefit from some of that growth. Consider nicotine pouches … we’ve got a fragmented market in a similar kind of format to vape about seven [years] to 10 years ago. There are more than 50 brands in some of the markets, including in European markets. And we’ve got more than 500 products in each of these markets. That’s a huge amount of fragmentation.”

    Phillips said his organization, which provided the data for his keynote address, originally thought the nicotine pouch would be an interesting product for consumers who are already using chew tobacco products in the U.S. or a snus product in the Nordic countries. “What we’re seeing is this product category is really of interest to consumers in all sorts of markets, and we see lots of crossover with other types of products,” he said.

    According to Phillips, the data shows a lot of multi-usage with next-generation nicotine products, especially pouches. “Consumers have moved from a mono market where the only way to have nicotine was to smoke cigarettes or another type of combustible tobacco,” he said. “We’re moving into a world where that’s completely different, where there are multiple ways of using products. And what we’re finding is the consumers are faced with a huge choice of different types of products and using many of them at the same time.”

    Such fragmentation is less evident in the market for heated-tobacco products. According to Phillips, the data shows huge growth in the number of compatible products. Many of them are hardware, and many of the vape companies’ manufacturers in China are now also manufacturing compatible heating tobacco hardware.

    “We’ve seen a massive growth in the number of compatible heat sticks, and many of them are nontobacco-containing—made out of tea, made out of various other products,” said Phillips. More products are competing with the major tobacco companies’ heated-tobacco brands, and Phillips said one of the reasons this is happening is regulation.

    “In Europe, as many of you know, we’ve got a directive banning flavors for heated-tobacco products. It needs to be implemented in European member states, and it is brought into their local law by July this year, and it should be implemented from October,” he said. “We’ve got a couple of countries that have implemented the flavor ban, but there are plenty of countries that have [not].”

    In the world of vaping, Phillips said that massive growth is happening in the disposable products segment. This started in the U.S. After the FDA banned vape shops from selling flavored prefilled pods, disposables began to take over the market. Today, there are thousands of new disposable products in the market. It is also the segment most blamed, after the fall of Juul, for the rise in youth vaping. Phillips said disposables drove the youth uptick, not flavors as most regulators would claim.

    “What I’m saying is it’s not really flavors that are driving this. But it is something where youth are using disposable products much more than an older age group,” he said. “We’re seeing those that initiate with vaping; we’re starting to see a younger age group come through and initiate into vape. Of course, that’s going to happen as the sector grows … the predominant product that those age groups are using is the disposable product,” said Phillips. “There is a correlation, if you like, between disposables and youth. And there’s no getting away from it. I think the industry just needs to face up to that.”

    Keynote: Simon Clark, director of FOREST

    If people want to smoke, they should be allowed to smoke. It’s not illegal to smoke cigarettes or vape or eat a giant cake. Today, even when there are consumer panels, every speaker tends to be an advocate of vaping. Current and former smokers in defense of smoking are conspicuous by their absence. Simon Clark, director of FOREST, explained that during a tobacco conference last year, one of the first speakers got a round of applause when he told the audience that it had been six years since he had successfully quit smoking.

    “Now, just think about that for a moment. A keynote speaker at a tobacco industry event is applauded for having stopped smoking. Now, for a moment, I thought I’d stumbled into a meeting of addicts anonymous,” said Clark.  

    FOREST, the Freedom Organization for the Right to Enjoy Smoking Tobacco, was founded in 1979. Clark said that the organization fully accepts the health risks of smoking but insists that the debate is not just about health. It’s also about freedom of choice, personal responsibility, risk and the infantilization of society.

    “We therefore represent adults who know about the health risks of smoking but choose to smoke and don’t want to quit,” said Clark. “We also represent former smokers like myself. People who are tolerant of smoking believe that smokers are unfairly discriminated against and are opposed to excessive regulations on consumer products such as alcohol, tobacco and sugary drinks. I’m often asked why, as a nonsmoker, I defend the rights and interests of confirmed smokers. By this, I mean smokers who don’t want to stop. I try to explain that I genuinely think smokers are treated appallingly these days, whether it’s comprehensive smoking bans, punitive taxation, creeping prohibition or the general denormalization of a perfectly legal habit.”

    Clark said that even at tobacco industry events, the thinking appears to be that anti-smoking campaigns and legislation don’t affect nonsmokers. Or people believe it’s impossible to win the battle, so just ignore the war. The problem with that attitude is that it invites advocates of the nanny state to move on to issues such as alcohol and food. “Some call this the slippery slope,” said Clark. “We’ve been warning people about this for more than 20 years. I think you’ll appreciate [that] it’s actually happening because alcohol is under increasing attack, as is the type of things that we choose to eat.”

    Twenty years ago, no government and relatively few politicians enjoyed being pigeonholed as a supporter of the nanny state. Public smoking bans changed the narrative because although they didn’t join most of the public support at the time of their introduction, smoking bans are now talked about as an allegedly popular example of the nanny state and action, said Clark.

    “A narrative has also developed suggesting that smoking bans have been an enormous success. We’re told that cafes and bars are no longer the horrible smoky environment of old, that smoking rates fell [because of] smoking bans. And public health has dramatically improved. Although there is relatively little evidence to support that thesis,” said Clark. “Nevertheless, the so-called success of public smoking bans around the world has clearly encouraged public health campaigns and governments to press on with other restrictive measures. Many anti-smoking policies are presented as examples of a benign nanny state that wants to help people make the right choices. However, there is nothing benign about it. We are increasingly living in a bully state in which education has been replaced by coercion and compulsion.”

    According to Clark, there is nothing fair or benign about the current rates of taxation on tobacco. The current rate of tax on an average pack of cigarettes in the U.K., for example, is about 86 percent. The aim is to force smokers to quit, but it discriminates against those on low incomes. Sometimes if people don’t quit, it can force fervent poverty. Again, this is the mark of a police state.

    “In my view, tobacco control is no longer about public health,” said Clark. “Nicotine is a drug; so is alcohol; so is caffeine. But people choose to consume these products. No one is forced to smoke tobacco, drink alcohol or consume caffeine. The anti-smoking campaigners also argue that the tobacco industry targets children. The truth is that many teenagers like to experiment. Many [youth] experiment with alcohol, some with tobacco, and more recently, e-cigarettes. I don’t condone it, but it’s called growing up. In my experience, most of the attacks on the tobacco industry have nothing to do with health. It’s politics, pure and simple.”

    PANEL: Next-Generation Products: Delivering Innovation

    Innovation isn’t a light switch. It isn’t a process that happens suddenly. During a panel discussion on the topic, Jackie Zhuang, president of Macau Chongva Tobacco Factory, said that an easy way to understand innovation is to look at patents. As of the end of April, the estimated accumulated patents for vaping products from the four largest manufacturers in Europe plus Juul Labs was 69,500 patents, according to Zhuang. The number for the top 15 Chinese factories combined is an estimated 24,239.

    “The Chinese e-cigarette industry is working very hard to catch up in the fields of patent,” said Zhuang. “And the number we have from last year will be Chinese e-cigarette companies combined; we have 60 to 100 patents applied last year. And outside China, only 2,800,” explained Zhuang. “The innovation came from the manpower invested in Chinese e-cigarette companies (where an estimated 6,000 researchers are working in the e-cigarette industry).”

    China has long been the epicenter of e-cigarette manufacturing. Modern e-cigarettes were born there, and Shenzhen is home to 90 percent of all e-cigarette manufacturing worldwide. Zhuang said that Chinese manufacturers don’t often create new products; they specialize in making innovative products better. Zhuang said that for Chinese manufacturers, innovation is driven by their customers. “The customer wants something, and we offer a lot of [options] for the consumer,” he said. “When international brand owners try to develop their brands, they are [surprised at the types of innovations we can offer] their customers.”

    Phoebe Dong, regional marketing manager for Heaven Gifts, a major vaping industry manufacturer based in Shenzhen, agreed with Zhuang that most innovation is driven by the consumer. She said it is also driven by the maturation of research and development. She said that the end user doesn’t often know how technology in materials improves the function and the performance of vaping products. The consumer only sees the finished product and not the progressive innovations.

    “Competitive pressure can also drive companies to innovate to maintain their market position,” said Dong. “The emergence of new products and technologies … industry trends, technology trends, market trends and consumer trends all make an impact on innovation.” There are “two forces pulling there …. It’s competitive pressure and then it’s also your internal passion. You want to make a better product; you want to improve things.”

    Regulation also has an impact on innovation. Ian Fearon from McKinney Regulatory Science Advisors said that when creating new products, innovators must understand what the product’s potential impact on public health is. Then they need to look at the regulatory environment and which markets they want to go into.

    “Is it a permissive environment, such as the U.K. or some of the European countries? Is it a market that is very difficult to get into, such as the United States? And then with both of those aspects together, developing a rigorous assessment framework with which you can assess that innovation, generate the data which the regulators require for you to place that product on the market and then conduct those studies,” explained Fearon. “Use scientific experts to interpret the data, to translate that data into something that the regulator can understand and will want to approve for the market. Conduct those studies and then push the data out to the regulator.”

    Fearon said that to get new products through the regulatory process, innovators need to tell the story of a product so that the regulator understands the product and its potential impact. He said much of McKinney’s work is in creating that narrative, which takes complex scientific data and translates it into something tangible that the regulator can understand.

    “It comes from taking the clinical data, the TOPS data, the chemistry, taking any clinical data, nicotine absorption studies, taking any behavioral data, such as intentions to use studies,” said Fearon. “And integrating all of that into a narrative, which gives FDA information on the public health imperative of the innovator, which is really what FDA is looking for. If you market this product in the United States, will it improve public health? And it’s an unusually complex area, and it takes great expertise to integrate all of those very different and complex scientific disciplines into a single story. And I think the other thing you have to bear in mind as well with FDA is that they are looking, as far as I can tell, for you to provide words that they can put in their authorization letter … it’s almost like you have to help FDA make the decision that you ultimately make with the narrative and provide them with a sub-narrative that they can tell to the American public.”

    While innovation may be easier in countries with less stringent paths to market, bringing products to market in the U.S. is only getting more complicated and expensive. After spending billions of dollars on developing a product, in a country with a regulatory regime like the U.S. there is no guarantee that the product will ever make it to market.

    “You don’t know how long it’s going to take before we go [to market or the] innovation starts making money or starts improving public health. It could be three years, five years, nobody really knows,” said Fearon. “I think then, the contrast there is in a country that may contribute [to innovation in the vaping industry] like the U.K., which is open to innovation. It’s actively advising smokers to start vaping. Which is very different to what happens in the United States. Even to the point where we are seeing innovation within the U.K. government in that they are spending a million pounds in April, giving e-cigarettes to pregnant women—I mean, that’s just unheard of when you think about it. That’s an example of the regulator innovating to help the manufacturers innovate, which I think is an incredible example of the two different contrasts we have.”

    Fireside Chat: George Cassels-Smith, CEO of Tobacco Technology Inc.

    Flavorings in nicotine products are interesting. Most consumers think it’s just about taste. The reality is that few understand tobacco product flavorings and how they are produced. George Cassels-Smith, CEO of Tobacco Technologies Inc. (TTI) and eLiquiTech, said that TTI separates itself from its competition by tailoring each of its flavors to the customer’s application.

    “I don’t have a library, even though I’ve done 300,000 flavors. I don’t pull anything off the shelf,” said Cassels-Smith. “I innovate new flavors in the direction of my customer’s request. I might [have] several iterations in a portfolio first … and we then choose the direction that we would want to continue to develop. And ultimately, that becomes a unique flavoring system that is only for that particular customer.”

    Consumer testing and the evaluation of the product are at the heart of what TTI does for its clients. When a TTI salesman goes out to visit the customer and receives a project, he takes back all those requirements and works with the individual flavors within the profiles requested by the customer. TTI then has a team of sensory pros to help evaluate the different creations.

    “It’s usually three, four, five weeks for one single flavor,” said Cassels-Smith. “We save that company all that development time internally, and we give them the turnkey operation. And we call it joint development because it always has the input of the customer.”

    When the U.S. Food and Drug Administration began its crackdown on flavors in e-liquids, Cassels-Smith feared it would create a perception that TTI would stop innovating, which the company does constantly. However, TTI and eLiquiTech only had one facility, located in the U.S. state of Maryland, serving its global client list. He said the solution to that issue was to build a second facility in Assisi, Italy. There, he says, the TTI team is combining art and science.

    “Initially, it was just to have a second facility that was located close to product development. But with the advent of Covid and the disruption in supply chains, we found that the bifurcation of manufacturing greatly assisted us in our delivery and time. And that became very critical,” explained Cassels-Smith.

    Cassels-Smith also discussed how his company was the global supplier of synthetic nicotine produced by U.K.-based Zanoprima Technologies. According to him, the problem with extracting nicotine from tobacco is that it delivers an impurity profile that would contain potential carcinogens. “We find them mainly in two forms—tobacco-specific nitrosamines [TSNAs] and heavy metals. The virtue of the synthetic nicotine is that it doesn’t have a plant-root system that can absorb heavy metals, and since the starting material is a vitamin, it’s clean and it has no heavy metals, and I cannot develop TSNAs,” he said.

    Synthetic nicotine is not new. Nicotine was first synthesized in 1904. Molecules such as nicotine may exist in mirror-image forms with identical chemical makeup but sometimes differing biological activity. The nicotine molecule possesses chirality, meaning it exists in two mirror-image versions called enantiomers or stereoisomers. Nicotine comes in left (S) and right (R) forms. The (S)-isomer of nicotine greatly predominates in tobacco leaf, which contains only small amounts of the (R) variant (0.1 percent to 1.2 percent). Most synthetic nicotine has equal parts of both the (S)-isomer and (R)-isomer. Zanoprima’s product, SyNic, only has the (S)-isomer—the one that holds all the psychotropic effects that nicotine consumers want, according to Cassesls-Smith.

    When dealing with unique products in the nicotine industry, such as flavor profiles or synthetic products, competition can be fierce. There are also regulations that boost black markets and counterfeit goods. On the flavoring end, if you make a profile that does well in the market, it becomes a target. And other people might try and imitate it. And through reverse engineering, you can usually get fairly close, not exactly, he said.

    Cassels-Smith said some of the same issues are being experienced by the synthetic nicotine he distributes for Zanoprima. They developed an enzymatic process to create it, and when you’re the first to develop new technology, you can get a broad patent to prevent anybody else from imitating your product. Zanoprima has patents in 48 countries for its synthetic nicotine process.

    “If anybody is using an enzymatic nicotine and selling it in the market, Zanoprima is the sole patent holder in that market. But unfortunately, when it gets published, people can imitate,” said Cassels-Smith. “What we’re seeing right now is in the disposable market, which is the dominant global player, every one of them is using synthetic nicotine from an enzymatic process. And they’re selling them in markets that are violating the Zanoprima patent.”

    Cassels-Smith said he is in the process of taking legal action. “The legal process begins, but if anybody has ever been in the lawsuit, it’s the biggest nightmare in the world. Litigation costs are high,” he said.

  • Building Bridges

    Building Bridges

    Nigel Hardy (right)

    Plxsur plans to build the largest and most responsible group of independent vaping companies.

    By Timothy S. Donahue

    The vaping industry is famously fragmented. It’s a difficult market for standalone businesses to operate. When a group of friends and former business associates started looking back on the industry, they came to believe that to “shape the future” of the vaping industry a company would need a multimarket presence. It would also need the knowledge and ability to embrace the local culture and make management decisions.

    In 2021, Plxsur was created by David Newns, Charlie Yates and Nigel Hardy. The entrepreneurs began discussing their shared vision for the vaping industry. They wanted to begin the journey together by committing to the idea that success would come only by respecting and embracing entrepreneurship without suffocating management teams on the local level. The plan was to build the largest and most responsible group of independent vaping companies around the globe.

    The new company aims to improve the businesses it brings on board by focusing on three integral pieces of business strategy: governance, compliance and reporting, according to Hardy, CEO of Plxsur. Compliance encompasses many facets. It boils down to following the rules in the countries and communities Plxsur businesses operate—rules relating to regulatory compliance, communication and marketing compliance and legal compliance, both from a finance and jurisdiction basis.

    Governance, according to Hardy, is a focus on improving business processes, particularly around strategy. “Many entrepreneurial businesses are very trading-focused and have a relatively short-term tactical focus within their markets. We believe we can add a lot more strategic focus in terms of where to take these businesses over the next five [years] to 10 years. We have established a simple strategy, which is build, grow and drive,” explained Hardy, adding that that is the stage where Plxsur currently stands. “We’re building and bringing several different companies into the group. We are currently at eight and close to reaching nine.”

    Reporting is about being transparent. Management teams must be clear and concise when reporting from within their organizations, especially from a performance management perspective, according to Hardy. “When bringing together a group of independent companies, it’s important that we can report at group level the dynamics of the group and the key variables, business planning processes, the usual disciplines that you would see across a multi-company group of independent companies,” he said. “That’s all about raising the bar with Plxsur standards. And we’ve established a set of Plxsur standards that we believe will start to shape and push those higher standards across the industry at a global level.”

    Getting busy

    The first companies Plxsur acquired were in Europe. Plxsur now has a presence in Greece, Ireland, Italy, Latvia, the Czech Republic, Benelux, the Netherlands and Belgium. The company recently made its first move outside of Europe with the acquisition of Vape Empire in Malaysia. Plxsur’s purpose is not to purchase the largest possible number of companies but to instead maximize its positive impact on the industry. In its first phase of development, the company is aiming big. The goal is to build a vaping business with a turnover of $1 billion, according to Hardy.

    “We’re thinking big in terms of our influence across the world. But the reality is it’s a constant circle, and we go into build, grow and drive. ‘Build’ is where we are now. ‘Grow’ is where we focus on cross-pollinating the good bits in all the businesses—whether that be capability and brand or propositions—so we can create commercial opportunities by getting the companies to work together,” he said. “It’s so fantastic because it’s entrepreneurs. We can put these entrepreneurs in a room. The ideas they come up with in terms of how they can work together to unlock further growth is fantastic.”

    Those group discussions often include sharing best business practices in terms of compliance, regulatory challenges, learnings from different regulatory structures across different markets and how to best adapt for other businesses that might have impending regulatory changes in the areas they operate. Hardy said this helps mitigate the regulatory shock that a standalone business may experience if there was a particular regulatory direction coming their way.

    “They have that capability, resources and experience across the group. And then the drive stage is where our groups start to compete effectively at a local level. It’s a constant circle because our strategy is to go again next year. We build on the existing platform that we’ve built in phase one and continue to bring businesses in that we can improve in terms of raising standards across the three pillars in terms of compliance, governance and reporting,” Hardy said. “There’s an underlying growth assumption in terms of the business organically as we serve the needs of the billion-plus smokers that are looking for reduced-risk alternatives around the world.

    “That’s the reason we established the business. We have great experience with Newns as a business builder, myself [Hardy] as an operator and growth driver and Yates with his M&A experience. We’ve got a team of cofounders who can create what we’re doing already. And we’re delivering. The pace is astonishing, quite frightening at times.”

    Team building

    The businesses that Plxsur chooses to team with must meet certain criteria. The first benchmark is leadership. That’s leading either in their channel—for example, business-to-business or business-to-consumer—or they are leading in their market. Hardy said all the current Plxsur partners have a leading position in the markets in which they operate. The second benchmark is having a healthy balance of owned brands within the portfolio. Hardy said that the company wants at least 50 percent of its revenues to be driven by company-owned brands. The third one is the most important: People.

    “When you bring in businesses, then you invest in people, and it’s really important that we have a really capable management team with a track record of delivering growth and a team with plans for the continued trajectory of growth over the coming years,” explained Hardy. “It’s important that we have smart, motivated entrepreneurs who are proud to be part of Plxsur. They need to truly embrace the benefits of being part of the team in terms of what Plxsur can add in terms of value to their business.”

    Having strong businesses and quality leadership means nothing without teamwork. All Plxsur’s management teams must have the ability to collaborate. For example, during World Vape Show Dubai in June, the company will put together a workshop for the attending teams. Together, the entrepreneurs will identify potential growth opportunities across the group, according to Hardy.

    “What problem are we trying to solve, and what capability have we got in the group of companies that we can then share and give access to? The same with regulatory engagement and regulatory compliance,” said Hardy. “Everybody has a story or an experience that they can share, and by enabling them to get in the room and focus on the key issues each business is facing as a team of independent companies, they’re in the position to be able to better support those particular challenges.”

    When asked how Plxsur partners are chosen, Hardy said it isn’t about how much money the company is worth, as happens in many traditional business acquisitions. After all, Plxsur is selective in the companies it chooses, and just because a potential partner is huge financially, that doesn’t always equate to being good for Plxsur. Hardy said Pro Vape, which began toward the end of 2016 and is headquartered in Riga, Latvia, is an excellent example of a company that met the necessary criteria to be a Plxsur partner.

    “The Baltic market is not particularly a huge market for vaping. What Pro Vape has is a significant presence in Europe. Only 20 percent of their business is domestic, and 80 percent is across the rest of Europe,” said Hardy. “Pro Vape is one of our largest businesses. And one of the things that we’ve been able to do with the M&A expertise that we’ve got with Charlie [Yates] and his team is we’ve been able to identify these little gems of businesses that are not necessary on the radar of everybody that, as entrepreneurs, have created significant value. We identified them as an opportunity to be able to add value to the businesses that are within the group.”

    Experience and Opportunity

    C.S. Lewis famously said, “Two heads are better than one, not because either is infallible but because they are unlikely to go wrong in the same direction.” Hardy said that when a company is purchased by Plxsur, the management teams stay in place for a period, and Plxsur management has candid conversations about long-term needs and goals. Most of the entrepreneurs that join Plxsur enjoy being part of the larger group and the personal development that comes with being surrounded by successful, like-minded leaders.

    “One of the first things we do when we’re onboarding the businesses—which I titled ‘The First 100 Days’—is doing a capability review of the talent in the organization and pinpointing where we believe we can improve their capabilities. We work with the principals and the management teams to recruit leadership,” he said. “Hale, for example, the largest vaping company in Ireland, was working with us and recently appointed Andy McCue, the ex-CEO of Paddy Power, as their nonexecutive chairman. With our support, they also appointed Simon Carroll, who was the country manager in Ireland for British American Tobacco. We’ve been able to identify talent and support the companies in terms of building their capability through Plxsur leadership’s experience and industry resources.”

    The Irish market also provides a strong example of how Plxsur standards can be greater than the market standards where a given entity is doing business. Ireland only recently placed age restrictions on vaping product purchases. And from a Hale perspective, when considering Plxsur standards, restricting youth access is one of Plxsur base-level standards that is put in place to ensure that whether someone is a direct-to-consumer in e-commerce or a retail environment, there is a strong age verification in place.

    “We’re educating retailers because the weak point in preventing youth purchases is educating retailers to ensure that they have those age verification processes in place. Ireland’s a great market where from a government perspective, it’s supportive of the role vaping plays in tobacco harm reduction. It’s playing a positive role in public health as it is in the U.K.,” said Hardy. “Yes, there are still issues with product compliance and age verification. Youth access is still a challenge. But it’s the enforcement of that that’s important. Across all our markets that we’re operating, we’re setting the Plxsur standard in terms of restricting youth access but also ensuring that we’re working with all retailers to ensure that they are aware of their responsibilities in terms of preventing youth access.”

    Behind the Scenes

    Along with compliance comes product safety. Plxsur has put in place a testing regime for every batch of e-liquid that is delivered by one of its companies to the marketplace. All the businesses that are part of the Plxsur team have a testing regime to ensure that products are compliant within their marketplace. Hardy said that taxes are also a force for good in the e-cigarette sector. In the Italian, German and Greek markets, where duty is evident, it drives public compliance because the penalties are linked to e-liquid volumes or concentrations of nicotine, according to Hardy.

    “If you are importing or distributing products that are not compliant, the penalties are significantly higher when they’re linked to tax revenues from a duty perspective. And that drives strong compliance across the market,” he said. “We were able to bolster that by putting our testing regime in place at the same time. We are manufacturing our liquids as well.”

    At the moment, Plxsur has six e-liquid manufacturing facilities in six different markets. With that comes the quality management systems to ensure the quality of both the raw materials that are coming in and what’s going out. It’s not only about quality control (QC), but also about quality assurance. All e-liquids are manufactured in a minimum ISO 9001-certified facility with labs housed in an ISO Class 8 clean room. Plxsur’s QC program ensures that all products manufactured and distributed meet or exceed all regulatory and legislative requirements in the markets where the products are produced.

    ISO 9001 is defined as the international standard that specifies requirements for a quality management system. Organizations use the standard to demonstrate the ability to consistently provide products and services that meet customer and regulatory requirements.

    Plxsur only produces its brands of e-liquids. The company does not do third-party manufacturing because the company’s focus is on its products, according to Hardy. “We are only producing our brands because we’re so early in our development. There are opportunities in the future to look at consolidating our manufacturing. To be able to replicate a flavor profile from one manufacturing facility to another is challenging. So, unless we can see a real necessity and we’re manufacturing efficiently, we’re not going to rush into consolidating our supply chain footprint.”

    Plxsur does not currently manufacture hardware. All of Plxsur’s partner businesses are empowered to have individual relationships with their suppliers; however, that could change in the future. Hardy said that Plxsur leadership can help management teams with the procurement processes; it can’t intervene in commercial negotiations between different companies.

    “We must allow the management teams to continue to negotiate on their behalf. You kind of let these entities grow themself. Plxsur is more of a guiding light; when you have a challenge, we can go to this collective group, ‘How do we fix this challenge?’ We’re enablers,” said Hardy. “We built a team of experts that offer consultancy advice to all the management teams because what we want to do is keep that culture, that entrepreneurial culture and agility within the organizations.

    “The worst thing we could do is suffocate that entrepreneurial spirit that’s there, and the best way to do that is to empower the management teams to be operating as a standalone business. Respect local. Local knowledge, local activation, local insight … those are the real strengths of what we’re doing. As soon as we start to, and I know this from my background, as soon as you start to integrate and consolidate and centralize, you lose that focus, and you lose the agility.”

    Moving forward, the point of Plxsur is to help smokers quit combustible cigarettes. While the lofty goal of becoming the largest and most responsible group of independent vaping companies on the planet is achievable, Hardy said the company is just getting started. The company is placing a stronger focus on consumer insight, particularly in its direct-to-consumer businesses.

    “The best marketers in the world today are data analysts. And when we have a platform, whether that be bricks-and-mortar or e-commerce, millions of data points allow us to understand the journey of vapers,” said Hardy. “What we can do is identify the future direction that those consumers are going in, and then populate that across the group.

    “That starts with market size; the number of smokers and their propensity to switch. We can share that information across our group of companies and identify which is the best company to be able to service that need. We’re creating something quite novel but very exciting in terms of shaping the future of vaping.”

  • Executive Experience

    Executive Experience

    Eve Wang, vice president of the world’s largest atomization company, shares her vision for vaping.

    By Timothy S. Donahue

    The largest atomization company in the world is Shenzhen Smoore Technology Co. Based in Shenzhen, China, the company has maintained its position as the global leader in the atomization technology market since the beginning years of the vaping industry.

    Smoore has seen significant growth since its establishment in 2009 and operates three atomization businesses: nicotine delivery (including vaping and heat-not-burn), medicinal applications and healthcare.

    Within the nicotine-delivery business, Smoore’s technology brand, FEELM, holds a prominent position as one of the industry’s leading closed-system vaping solution providers. This diverse business structure allows Smoore to deliver innovative solutions across multiple industries to meet several varied consumer needs.

    Earlier this year, the international ESG rating agency Sustainalytics awarded Smoore International Holdings, parent of the FEELM and Vaporesso brands, the top position among global electronic atomization companies. Smoore consistently ranks first among global electronic atomization companies in the ESG ratings published by MSCI, the world’s largest index company.

    Vapor Voice invited Eve Wang, vice president of Smoore, to share her vision for the vaping industry and her insights into how Smoore will move forward as atomization technology continues to improve and develop into various marketplaces beyond the vaping industry.

    Vapor Voice:As an atomization technology solution provider, how important are Smoore’s investments in R&D?

    Eve Wang: Centered on Smoore’s mission of atomization makes life better, we have a long-term approach to everything we do and believe that continuous technological innovation is the only approach to develop the atomization industry. Last year, Smoore invested £160 million ($199.5 million) in R&D, which accounted for 11.3 percent of the total revenue in 2022. This investment has resulted in 2,254 new patent applications worldwide, including 1,125 invention patents.

    Our commitment to continuous technological advancement is best shown by the fact that we employ 1,500 R&D personnel, which accounts for more than 40 percent of our entire nonproduction workforce.

    As a young and developing industry, constant R&D in both technology and manufacturing is vital to drive growth and ensure the highest quality standards. Our professional testing facilities feature more than 700 different types of testing equipment, valued at over £23 million, and we have many partnerships with leading research institutes and analysis laboratories to complement our already comprehensive testing capabilities. We have developed the world’s first fully automation pods production line, and our ceramic coil disposable automation line is not only the world’s fastest but also allows our products manufactured by FEELM to achieve a first pass yield of over 99.5 percent.

    Looking toward the future, Smoore is exploring how to apply vape atomization technology within the healthcare sector, and our dedication to cutting-edge research and development, regulatory compliance and superior consumer experience supports our commitment to the longevity and sustainable growth of our business.

    Is Smoore seeking to invest beyond the vaping industry?

    We keep exploring the boundaries of innovation and the application of atomization technology in new application scenarios, such as medicinal and healthcare sectors. For example, last year in China we registered a ventilator in combination with an atomization drug delivery device and successfully obtained the production license for this technology.

    We have also set up a team in the United States which has developed two drug delivery devices targeting asthma and chronic obstructive pulmonary disease and started the development of relevant medicinal preparations.

    How do you see the vapor industry developing, and what will be the biggest growth areas in terms of technology and geography?

    According to a report by Frost and Sullivan, the global retail market for e-vaporization is expected to reach $122.2 billion by 2027. It is expected that in the long run, companies that prioritize regulatory compliance and harm reduction while also focusing on consumer experience will emerge as the ultimate winners.

    However, as an emerging industry aimed at assisting smokers toward a smoke-free society, e-cigarettes are still in their infancy and face a range of challenges which makes it crucial for all stakeholders in the industry to collectively provide the best possible harm reduction solutions for current adult smokers.

    Therefore, we have developed and launched a new 2 mL e-liquid compliant disposable solution to provide 800 puffs with the innovative technology FEELM Max, where conventional products typically provide around 600 puffs.

    How is the FEELM Max technology different from that used in conventional products?

    As the world’s first ceramic coil disposable solution, FEELM Max benefits from a cotton-free design that, with a compliant e-liquid volume of 2 mL, can provide 800 puffs whilst current solutions offer 600 puffs. This is a significant step toward setting a new industry compliant benchmark for 2 mL.

    In addition to more puffs, this innovative heating technology is designed to bring cleanness and silkiness, ensuring a satisfying experience for consumers. Our constant power technology provides a vapor and taste consistency, and together with a transparent e-liquid tank design offers an enhanced consumer experience.

    The ceramic coil is like an electric car, symbolizing a more advanced technology. Several major brands have already adopted our new technology, recognizing that differentiation is key in a competitive market. We are committed to providing superior vaping experiences that meet the evolving needs of consumers around the world.

    What is the largest market for Smoore and its subsidiary’s products?

    In 2022, Smoore’s global enterprise customer business revenue was £1.22 billion, with the U.S. market ranking first, accounting for 35.4 percent. The revenue share of Europe and other markets increased from 24.1 percent in 2021 to 43.6 percent in 2022, up by 19.5 percentage points. Smoore will continue to provide technology solutions and products worldwide, all tailored to fully comply with all local regulations.

    What are Smoore’s concerns about the growth of noncompliant products in the marketplace?

    We believe that effective regulation is vital for sustainable growth and that proportionate regulation can support the industry’s evolution.

    However, the presence of noncompliant or counterfeit products entering the U.K. market is a significant concern for us. These products not only pose potential health risks to consumers but also bring negative effects on the long-term development of the vaping industry. These illicit products can discourage innovation and deter potential investments in research and development, hindering the industry’s ability to evolve and improve.

    Like any industry, there are always those who operate illicitly. However, it is vital that the responsible majority within our sector, together with government, regulators, enforcement bodies, trade associations and partners, collaborate on initiatives and share intelligence to eradicate illegal and noncompliant vapes. This collective effort is necessary to ensure that the sector’s reputation is not only maintained but also improved.

    We believe in maintaining the very highest product standards whilst also being fully compliant in all local markets in which we operate. That’s why we have developed and launched the 800-puff compliant disposable vape: FEELM Max. FEELM Max represents a commitment to both technological innovation and regulatory compliance, moving the vaping industry forward in a responsible and sustainable way.

    Eve Wang, VP of Smoore

    Many vapor products that have been authorized for marketing in the U.S. were developed by Smoore. What is the secret behind Smoore’s high share of Food and Drug Administration marketing orders?

    Smoore is always committed to full regulatory compliance and product quality. In 2022, out of over 6.7 million e-cigarette product listing applications, the FDA only approved eight from JTI, nine from R.J. Reynolds Tobacco and six from Njoy. Smoore, as the atomization technology manufacturer, has aided the most clients in the ENDS [electronic nicotine-delivery system] category to pass the PMTA [premarket tobacco product application] process.

    Last September, Smoore had the distinction of being invited to an industry meeting convened by the commissioner and director of the Center for Tobacco Products. We actively engaged in explorations and discussions regarding the future of a more compliant and sustainable vaping industry.

    Smoore’s achievements stem from the long-term focus on the improvement of atomization technology and the commitment to innovation, compliance and product safety; we always deliver user-centric and user-friendly technologies and products to clients, consumers and industry.

    As the FDA commented when approving one of the closed-system pod vaping products: “It met the standard because, in several key considerations, chemical testing is sufficient to determine that the levels of harmful and potentially harmful constituents in the aerosol of these products are lower than those in the smoke from combusted cigarettes.”

    What is Smoore/FEELM’s strategy for the disposable market?

    The disposable vape has been a widely accepted product in the e-cigarette market. Even as far back as 2018, when closed-system vapes dominated the industry with a 72 percent market share, it was predicted that disposables would account for more than 70 percent of the closed-system market over the next five years.

    However, such rapid growth inevitably leads to challenges, and the market has seen a proliferation of noncompliant products and counterfeits, coupled with problems such as the illegal overfilling of e-liquids and the quality issues from the black market, as reported by the BBC. These issues have sounded alarm bells across society, calling for superior, compliant and healthier solutions.

    How will Smoore confront the challenges associated with disposable products, such as environmental concerns?

    As the first Chinese e-cigarette company to be included in the Dow Jones Sustainability Index, Smoore aims to minimize any environmental impact from our operations and products as much as possible.

    In May 2022, we officially launched our carbon neutrality plan, setting a net-zero target by 2050. We will continue to increase the use of renewable energy in our operations, aiming for 50 percent energy consumption from renewable sources by 2030.

    Whenever I come across a discarded disposable vape on the ground, I will pick it up and bring it back to the company, where my colleagues can professionally process and recycle it. But more needs to be done to encourage active participation by consumers in recycling their vapes. Therefore, we have launched the industry’s first end-to-end whole-chain recycling scheme, including manufacturers, brands, retailers, the Royal Mail and waste management specialists, Waste Experts.

    Working closely with our clients, we have created a household collection service whereby consumers who return 10 or more old disposable vapes for recycling will receive a free disposable product incorporating our latest technology as a reward.

    What do you consider to be Smoore’s greatest industry innovations?

    The cotton coil is widely adopted within the vaping industry, and there are many challenges that affect the consumer experience.

    Smoore drew inspiration from traditional Chinese ceramic making to develop the ceramic technology. We discovered that, compared to the cotton coil, the ceramic coil has advantages such as high thermal efficiency, leakage prevention and the ability for planned automated production as well as delivering strong taste consistency.

    Therefore, in 2014, Smoore initiated research into ceramic heating technology, and in 2016, Smoore’s ceramic coil technology brand FEELM was officially launched in the market, aiming to “feel the moment of vaping” and representing our long-term commitment to vaping sensory and technology. Today, FEELM has already become a very well-recognized tech brand by the industry, especially for ceramic coil technology. Since 2018, we have shipped over 3.5 billion pod products worldwide, and we cover more than 50 different countries and regions.

    We remain devoted to our mission of improving public health through the advancement of atomization technology.

    What are the greatest challenges facing the global e-cigarette industry, and how is Smoore helping solve those challenges?

    Smoore recently commissioned a survey, which was conducted by One Poll, among 2,000 adult smokers. The results revealed that 42 percent of respondents had little or no trust in e-cigarettes. Meanwhile, nearly two-thirds (62 percent) believed that e-cigarettes were more harmful or at least as harmful as traditional cigarettes whereas evidence from the Office for Health Improvement and Disparities highlights that e-cigarettes are at least 95 percent less harmful than smoking.

    That’s why we have established an independent panel of experts in science, smoking cessation and compliance to look at creating a new rating system that will allow adult smokers and vapers to make informed decisions about their choice of vapes based on their harm reduction profile.

    We are committed to innovating alternatives to traditional smoking, to reducing harm and to benefit public health. We strongly believe in the potential of e-cigarettes to provide a viable and less harmful alternative for smokers who struggle to quit.

    Smoore hopes to fulfill our mission: Atomization makes life better—better for our clients and consumers. We aim to achieve this by providing better technological solutions and products in the future in novel tobacco, medicinal and healthcare fields.

  • Understanding Synthetic

    Understanding Synthetic

    Credit: Nitiphol

    A nicotine industry veteran answers some common questions concerning the rise of synthetic nicotine.

    By Chris Howard

    Since President Biden signed the fiscal year 2022 Consolidated Appropriations Act into law on March 15, 2022, questions surrounding the U.S. Food and Drug Administration’s Center for Tobacco Products’ (CTP) handling of enforcement with respect to products containing nontobacco-derived (NTN), or synthetic nicotine, have been pervasive. While the CTP has indicated that it is not engaging in enforcement discretion to address the exceptionally short compliance timeline Congress provided in the bill, the center’s actions and public statements provide insight into its enforcement priorities and how the industry can assess the position the center takes. In this article, I will answer some frequently asked questions formulated from an extensive review of public statements and enforcement actions.

    What does the Consolidated Appropriations Act have to do with tobacco products containing synthetic nicotine?

    The act provided the CTP jurisdiction over NTN products beginning April 14, 2022. It also established a period for compliance with the Federal Food, Drug and Cosmetic Act’s premarket review requirements for NTN on or introduced to the market by April 14, 2022.

    The legislation provided that for a manufacturer to continue marketing NTN products after May 14, 2022, they must submit a premarket tobacco product application (PMTA) for such products by that date. In the event a manufacturer complied with this requirement, they were permitted to continue to market such a product through July 13, 2022 (provided the FDA didn’t previously deny the PMTA, refuse to file the PMTA or withdraw a marketing order for a previous version of the product at issue that utilized tobacco-derived nicotine). Just like tobacco-derived products that remain the subject of pending PMTAs beyond Sept. 9, 2021, NTN products that are the subject of pending PMTAs after July 13, 2022, technically must have received market orders to be legally marketed today.

    Are tobacco products containing synthetic nicotine illegal?

    Just like tobacco products containing tobacco-derived nicotine that are subject to pending PMTAs, all current tobacco products containing synthetic nicotine on the market in the United States are illegal. It is important to note, however, that this doesn’t mean that CTP intends to expend its limited enforcement resources to remove all such products from the market. Rather, the center has expressed its intent to move forward in accordance with a discrete set of priorities outlined more particularly below.

    Does the FDA intend to treat enforcement of tobacco products containing synthetic nicotine differently than enforcement of tobacco products containing tobacco-derived nicotine?

    No. CTP leadership has made it clear that it will apply its enforcement priorities identically with respect to both categories of products.

    The CTP has been explicit that both tobacco products containing nicotine derived from tobacco (marketed after Sept. 9, 2021) and tobacco products containing nontobacco-derived nicotine (marketed after July 13, 2022) without premarket authorization (marketing orders) are considered by the FDA to be noncompliant and that manufacturers of both categories of products are subject to the same public health standards. The CTP’s position is set forth clearly in the below public statements:

    Tobacco Products Containing Nicotine Derived from Tobacco

    On Sept. 9, 2021, the FDA issued a statement entitled “FDA Makes Significant Progress in Science-Based Public Health Application Review, Taking Action on Over 90 Percent of More Than 6.5 Million ‘Deemed’ New Tobacco Products Submitted,” which you can review at the following link: https://www.fda.gov/news-events/press-announcements/fda-makes-significant-progress-science-based-public-health-application-review-taking-action-over-90. In this release, former Acting Commissioner Janet Woodcock and former CTP Director Mitch Zeller indicated: “All new tobacco products on the market without the statutorily required premarket authorization are marketed unlawfully and subject to enforcement action at the FDA’s discretion” (emphasis added).

    Tobacco Products Containing Nontobacco-Derived Nicotine

    On Oct. 14, 2022, the FDA issued a statement entitled “FDA Completes Initial Review of 95 Percent of Nontobacco Nicotine Product Applications; Agency Has Issued Over 60 Warning Letters to Manufacturers, Including for Products with a Submitted Application and Negative Action,” which you will find at https://www.fda.gov/tobacco-products/ctp-newsroom/fda-completes-initial-review-95-non-tobacco-nicotine-product-applications-agency-has-issued-over-60. Upon review, you will note that the FDA is speaking about tobacco products containing nontobacco-derived nicotine. As we discussed, the FDA used nearly the exact same language employed by Woodcock and Zeller in September 2021 to describe the agency’s views with respect to tobacco products containing nicotine derived from tobacco. In particular, the FDA states, “To date, the FDA has not authorized any NTN products. Therefore, all NTN products on the market are marketed unlawfully and risk FDA enforcement action” (emphasis added).

    In a Feb. 3, 2023, email to the executive director of the National Association for Tobacco Outlets from a director in the CTP’s Office of Compliance and Enforcement, FDA leadership provides even more clarity:

    “FDA is fully committed to implementing the new federal law clarifying its authority to regulate tobacco products containing NTN, including synthetic nicotine. Manufacturers of these products are now held to the same public health standards, including premarket review, as tobacco-derived nicotine (TDN) products. Irrespective of whether the product contains TDN or NTN, it is illegal to sell or distribute tobacco products that the FDA has not authorized. On Aug. 8, 2016, all deemed tobacco products, including e-cigarettes, became subject to FDA’s tobacco authorities.

    “As a matter of enforcement discretion at the time, the agency stated that it intended to defer enforcement for a period of time of the premarket authorization requirement for certain deemed new products on the market as of Aug. 8, 2016. However, in light of later data on youth use and other information, FDA revised this policy in its 2020 enforcement priorities guidance. That guidance described how the agency intended to prioritize its limited enforcement resources regarding certain ENDS [electronic nicotine-delivery system] products. It also noted that all deemed new tobacco products on the market without authorization are illegally marketed and that the agency ‘retains discretion to pursue enforcement action at any time’ against such products.   

    “The same principle applies to NTN products; specifically, all illegally marketed NTN products are subject to enforcement ….”

    Director Brian King has made similar statements in several open forums indicating that tobacco products without market authorization (regardless of whether they contain nicotine derived from tobacco or nontobacco-derived nicotine) are noncompliant. Based upon these ubiquitous public statements, it appears the FDA will continue to prioritize enforcement against manufacturers with products (a) not covered by timely filed pending PMTAs or (b) that are the subject of marketing denial orders—with an emphasis on products that are particularly attractive to youth.

    What is the significance of the Aug. 8, 2016, effective date of the deeming regulation with respect to tobacco products containing synthetic nicotine?

    The FDA did not have authority to regulate tobacco products containing synthetic nicotine upon the effective date of the deeming rule. Rather, the FDA obtained authority to regulate such products following the effective date of the Consolidated Appropriations Act. The relevant timelines established by the act did not include a period for continued marketing of unauthorized new products containing synthetic nicotine beyond July 13, 2022. As such, all tobacco products containing synthetic nicotine on the market without premarket authorization are illegal and subject to FDA enforcement.

    What are CTP’s priorities when enforcement against tobacco products containing synthetic nicotine without market orders?

    Regardless of whether a product without market authorization contains synthetic or tobacco-derived nicotine, the FDA has indicated its intention to prioritize its enforcement efforts with respect to certain deemed tobacco products (1) not covered by timely filed PMTAs, (2) that have been the subject of marketing denial orders or those covered by PMTAs subject to negative determinations, including those rejected on procedural grounds (i.e., refuse-to-accept letters or refuse-to-file letters), and (3) that raise youth use concerns.

    As we are all aware, even though the continued compliance policy for certain deemed new tobacco products ended on Sept. 9, 2021, and those products were subject to immediate enforcement action, the CTP has not, as of the date of the publication of this article, brought enforcement action against any of those products covered by still pending PMTAs. Based on the center’s handling of these products combined with the CTP’s recent public statements, it seems likely that the CTP will exercise a similar approach to NTN products covered by PMTAs that remain pending after July 13, 2022. Moreover, the CTP is likely to refrain from taking enforcement action against such products while it reviews the pending applications.

    Chris Howard is the executive vice president of external affairs and new product compliance for Swisher International.