The Coalition of Asia Pacific Tobacco Harm Reduction Advocates (CAPHRA) is calling on the New Zealand government to reject Australia’s approach to vaping and continue to follow the science and evidence.
CAPHRA has submitted comments on New Zealand’s proposals for the smoked tobacco regulatory regime, which include tightening current restrictions on vaping product safety requirements and packaging and reducing nicotine levels in disposable vapes as well as restricting the location of specialist vape retailers.
“CAPHRA believes that the regulations, as they are, work perfectly well, and that further restrictions will only serve to limit access to safer nicotine products for adult smokers seeking less harmful alternatives to combustible tobacco,” says CAPHRA executive coordinator and prominent New Zealand public health consumer advocate Nancy Loucas.
“The announcement that New Zealand would not follow Australia’s lead to a full prescription model for nicotine vaping further reinforces the need for a harm reduction approach that is based on science and evidence, not scaremongering by crowing Australians.”
CAPHRA believes that the regulations, as they are, work perfectly well, and that further restrictions will only serve to limit access to safer nicotine products for adult smokers seeking less harmful alternatives to combustible tobacco.
In a press note announcing its submission to New Zealand’s proposals, CAPHRA cites an article in The Critic, “The Vape Scare Down Under,” which describes the Australian government’s approach to vaping is misguided and based on fear rather than evidence. The article argues that the government’s proposed ban on flavored e-cigarettes is not supported by the evidence and will only serve to drive vapers back to smoking. The article also highlights the success of vaping in reducing smoking rates in countries like the U.K. and New Zealand.
“Unfortunately, the vaping debate has become highly political instead of being about the science or the evidence which continues to show that vaping is reducing smoking rates around the world,” says Loucas.
CAPHRA continues to urge the New Zealand government to take a risk-proportionate approach to regulations that protect public health while ensuring the availability of these products for adult smokers seeking less harmful alternatives to combustible tobacco.
“New Zealand should not follow Australia’s policy on vaping, and instead continue to follow a harm reduction approach that is based on science and evidence. Harm reduction should be the driving force behind tobacco policy, and regulations should be risk-proportionate and protect public health while ensuring the availability of these products for adult smokers seeking less harmful alternatives to combustible tobacco,” Loucas said.
Kim Hesse shares her insight into the ignition of the ENDS industry and the attempts of regulators to manage it.
By Kim Hesse
After years of working in the U.S. medical industry, life threw me for a loop and took me to Germany in late 2007. After going through a six-month language course, I learned enough Deutsch to get by in my new country and felt ready to enter the workforce. Fortunately for me, I had a friend in the employment office who secured me an interview with a company that needed someone who could speak fluent English. Ironically, this required me to stammer through a three-hour interview in German. I only understood about 10 percent of that conversation, but still got the job.
For instance, a gas chromatography-mass spectrometry instrument can detect and analyze compounds that a liquid chromatography instrument might miss. Before working at Eurofins, I knew zilch about instrumentation, chemistry or tobacco. Today, I can rattle off many reasons why you might choose to use a GC over an LC, including the polarity and volatility of the item being analyzed.
I spent four years becoming proficient in German and learning about the tobacco industry while performing customer service duties, which acquainted me with a variety of industry people. Since my brain ticks in a business manner, I began assessing the client base and pondering ways to reach out to gain more.
One day, I took a phone call from a company called Contraf-Nicotex Tobacco. They were interested in having their products tested for nicotine concentrations and heavy metals. This was the first time the lab had received such an inquiry. A few weeks later, I received a similar call from a company called Red Kiwi. These two companies were my introduction to what is now called the electronic nicotine-delivery system (ENDS) industry.
While Eurofins Dr. Specht chose to stay focused on their core business of testing for pesticides, my interest in this blossoming segment of the tobacco industry grew. I began researching these companies and grew excited about the potential of these emerging technologies.
My desire to expand the business for Eurofins did not wane, and I eventually convinced my boss to exhibit at TabExpo Prague in 2011. For me, this was the first of many trade shows in the tobacco industry. While TabExpo was a good experience for me, it may not have been such a great one for my boss. While at that show, a man came to our booth and asked why I was living in Germany and if I would ever consider moving back to the U.S.
Credit: Pudiq
Going home
Little did he know I had a family issue that had me wanting to return. Through him, I met Richard Higby, former president and managing director of Arista Laboratories and Microbac Laboratories, who recruited me to help build business for the newly formed smoke lab at Microbac Laboratories.
Once back in the States, I was told about the new regulations affecting the tobacco industry there. I was surprised by the sweeping changes facing the industry as I never thought regulations like this would come into effect nor did I think they would be so stringent. I was amazed at the speed with which third-party laboratories had to develop and validate new testing methods for up to 93 compounds.
Additionally, I was astonished by the absence of clear instructions that could effectively guide the process of keeping a product on the market. I began a deep dive into the abyss of the internet to learn what regulators expected and why. This task was overwhelming, and the Food and Drug Administration websites were hard to navigate. At times, it was like trying to find a needle in a haystack.
My colleagues and clients were all scrambling to become educated. Clients needed assistance from many angles, and I assisted on the laboratory front and connected clients with potential partners. Clients found themselves in need of comprehensive guidance, not only for determining the appropriate testing procedures but also for seeking expert advice on navigating the intricate web of regulatory compliance and understanding the legal considerations associated with their testing practices. This multifaceted support was and still is crucial in enabling clients to meet regulatory standards and mitigate potential legal risks effectively.
Finally, in January 2011, the FDA Center for Tobacco Products issued guidance on demonstrating substantial equivalence for tobacco products. This sent tobacco companies scrambling to find laboratories to complete the needed work for their submissions on deadline.
During this time, I was at Microbac Laboratories, where smoke analysis was a brand new addition to its scope of work. This was an exciting time to be in the tobacco industry because of the new regulations and the opportunity to learn and help clients navigate their new environment. Combustible cigarettes were still the focus from 2011 to 2014, but slowly the ENDS industry began making noise.
Credit: Sezerozger
Global outlook
In 2014, I was recruited again and went to work at Global Laboratory Services (GLS). There I was tasked with growing the smoke side of the business. I got my copy of Tobacco Reporter (sister publication to Vapor Voice) and scoured it for advertisers. I saw a large number of e-liquid companies advertising and began reaching out to them.
Then I started looking at the trade shows and saw how many were turning more toward ENDS products. While at GLS, I helped the lab grow from a predominantly pesticide analysis laboratory into a lab offering a significant diversification of analysis, including e-liquid and ENDS testing.
During the beginning years of testing ENDS products, most laboratories worked on method development and validation on their own. For anyone who doesn’t understand that process, it’s kind of like baking a cake without having a recipe. You try to put in a little bit of flour, baking soda or powder, eggs and other ingredients. However, you are not sure exactly which ingredients to use or the correct amounts. So you try and try again until you get it right. This is method development. But then you have to prove you can do this same thing and produce the cake exactly as it was the first time you got it—that is method validation.
Most testing performed in those early years focused on propylene glycol, vegetable glycerin and nicotine concentrations. As we saw increasing interest in the testing of e-liquid and ENDS, third-party labs began developing more methods to meet the expanding scope of testing demands. Eventually, the demand for sound science and broader scopes of testing began being heard, and Coresta (the Cooperation Centre for Scientific Research Relative to Tobacco) became involved.
The Coresta E-Cigarette Task Force (now called E-Vapour Sub-Group) began in 2013. This group has worked together for years now and has provided published methods, guides and reports, all with the intent of improving the science surrounding the testing of ENDS products.
While the scientists were busy ensuring methodology was sound, the ENDS industry was busy expanding and innovating. One of the first organizations focusing on vapor products, the Consumer Advocates for Smoke-Free Alternatives Association began in 2009. I remember meeting Julie Woessner at a meeting of the Smoke-Free Alternatives Trade Association (SFATA) in Chicago.
It was the first time I really learned about the organization and was impressed by Woessner’s passion. In addition to consumer advocacy groups, we saw the introduction of trade organizations like the American E-Liquid Manufacturing Standards Association (AEMSA), which began in 2012. Lou Ritter, on behalf of the AEMSA and Cynthia Cabrera from the SFATA were showing up and talking at many events to help educate regulators and the industry. I spent time with both Ritter and Cabrera at many events and eventually sat on the board of directors of the SFATA in 2015.
Credit: Adobe
Trading places
Alongside the trade and consumer organizations growth, we all had front row seats to an amazing number of trade shows. The first ones began popping up around 2011. I had the pleasure of being at possibly one of the largest ENDS-specific trade shows I have ever attended. It was ECC 2015 at the Fairplex in Pomona, California. The line to get in was at least a mile long, and we all stood outside in the heat.
Luckily for me, Norm Bour spotted me and helped get me in a little faster. Nearly every inch of the 543 acres was covered with exhibitors. New players with fun names—SpaceJam, VaporShark, Cosmic Fog—came to play with massive displays, loud music and some flashy cars. Little did people know that a small booth on the outside of buildings in a relatively nondescript white tent contained one company that would alter the industry.
After hours of walking and talking, I saw a smaller tent outside with a comfortable-looking white sofa. My feet needed a rest, and the booth was not busy, so I stopped. There I met Gal Cohen and Adam Bowen for the first time. I tried their product, Juul, and was immediately impressed. To me, this product mimicked the experience of a combustible cigarette extremely well. I told them I felt their product would be a game changer because I believed it could help smokers quit.
ECC was just one of many vape trade shows during that period—so many that one could literally go to a vapor trade show nearly every week. The industry was booming, full of young entrepreneurs daring to create innovative products. We saw the inception of cloud chasers: people experimenting with their devices to create the largest clouds of vapor.
There’d be one group eagerly trading tips on enhancing mods, another learning how to blow vape rings and a third creating such a thick cloud that you couldn’t see through them. The indoor areas at ECC were enveloped in a thick haze of vapor, carrying intense fragrances of artificial fruit, vanilla and sweets. After spending several hours in this environment, I developed a headache and had to retreat to the outdoor booths, where the heat was equally unbearable.
Unfortunately, as the industry was rocking and rolling, it started gaining more attention from the media and additional focus from regulators. By 2009, the FDA already had its eye on the vapor industry. In May 2016, the FDA deeming regulations were issued. This was the beginning of changes to come.
During this time, I visited multiple vapor companies, many of which only produced e-liquids. When talking to those companies, I often asked what their plans were if the FDA began regulating and requiring routine testing. Many of these energetic entrepreneurs said they planned to make their money and exit the industry. Others planned to follow the regulations but faced an increasingly uphill and difficult course due to the slew of regulatory challenges.
Those ranged from navigating through login to the FDA portal, discovering some information was missing or was constantly moving, changes in the process occurring frequently and sometimes even after deadlines and filings were complete. One of the most frustrating early events happened during what was supposed to be a seemingly small, relatively simple task that turned out to shut down the FDA’s portal for multiple days … registering and submitting ingredient listings.
After that major bump in the road, companies faced challenge after challenge. Today, those companies that still exist must decide whether to enter the long, painful premarket tobacco product application (PMTA) pathway or to simply sell their products abroad where regulations are more clear, concise and defined. For those who choose to stay in the precarious U.S. game, a strategy to speed and strengthen their existing PMTA and the wise allocation of resources are imperative. Those who complete the obstacle course to market authorization will see big payoffs in dollars and saved lives.
Looking back, I am amazed at how far the manufacturers have come with their quality control systems, which for some were initially nonexistent. The marketers have also grown, and focus has been more conscientious not to appeal to youth. The laboratories participating in the CORESTA studies have grown and made great strides in methodology.
It was fascinating to watch the growth of ENDS technologies from initial rumblings to exploding into the massive industry this has become. For some, this industry has enabled them to live the American dream of doing hard work to get ahead.
We saw small shop owners become millionaires, innovators create products that could help people transition off combustible cigarettes, laboratories and organizations grow and thrive, and the American economy prosper. And the ride is not over yet …. I am excited to see what the next 15 years will bring.
As reported on June 22, the submission period was originally between June 21, 2023, and August 4, 2023.
The bill aims to regulate not only traditional tobacco smoking but also electronic cigarettes, such as vapes which have become immensely popular not only as a means to stop smoking normal cigarettes but as a gateway into nicotine consumption.
In broad terms, the bill aims to regulate the sale and advertising of both tobacco products and electronic delivery devices, reports Business Tech.
Parliament stated that: “the bill will also focus on legislating electronic nicotine and electronic non-nicotine delivery systems; introduce plain packaging with graphic health warnings and pictorials; introduce a total ban on display at the point of sale; introduce 100% smoke-free areas – indoor public places and certain outdoor areas; and a total ban on vending machines for tobacco products.
At the start of the month, the Portfolio on Health briefed Parliament on the new bill with mixed reactions. Many stakeholders were concerned as to the severe knock-on effects the new bill could have on the tobacco/smoking industry, which is a key driver of economic growth in South Africa.
Members of Parliament said that the bill could lead to more people turning to the already budding illicit tobacco industry and lead to job losses.
Speaking specifically regarding vape products, Asanda Gcoyi, the chief executive of the Vapour Products Association (VPASA), said that combustible alternatives to traditional cigarettes should form the backbone of tobacco harm reduction in South Africa and be seen more as a solution to a problem rather than a new problem.
She said that the government has managed to demonize vaping, marking it as more damaging than traditional cigarettes.
Vapes are not only getting regulated by the new bill but are also being drawn into the ambit of excise taxes, as provided in the updated Tobacco Product Excise.
Barry Buchman, the managing director of Vaperite, said that the newly imposed excise duty on vaping products has taken its toll on retailers, with many arguing that the tax has had the adverse effects of driving consumers towards the illicit market.
Buchman added that the tax is pushing consumers to purchase the highest and most addictive nicotine-content-e-liquid as it is a cheaper option, negating the original aim of the National Treasury to tackle health-related issues.
As tobacco harm reduction continues growing in influence, it is also facing many obstacles.
By Stefanie Rossel
Regulatory policies, industry standards and medicinal licensing were among the themes tackled during the May 23–24 ENDS Europe Conference in Amsterdam.
Many countries, including New Zealand and England, aim to be “smoke-free” by 2040, a term generally defined as less than 5 percent of the population lighting up. However, according to speakers at the event, most of these countries are unlikely to achieve their goals due to prohibitionist policies, such as incremental increases in purchase age, reductions in tobacco sales outlets or ultra-low-nicotine requirements.
The country most likely to achieve smoke-free status is Sweden, according to the conference participants. By helping smokers switch to less harmful alternatives, such as snus, it is living proof that tobacco harm reduction (THR) is a more effective strategy than prohibition to reduce tobacco-related illnesses.
Noting that millions of smokers don’t want to quit, Christopher Snowdon, head of lifestyle economics at the Institute of Economic Affairs in the U.K., presented an alternative, pragmatic and realistic smoke-free plan that includes a wide range of reduced-risk products (RRPs), such as snus, nicotine pouches, e-cigarettes and heated-tobacco products (HTPs), and focuses on educating consumers and fostering innovation. To put an end to misinformation about RRPs, Snowdon proposed the introduction of public information campaigns and cigarette pack inserts informing consumers in a band-neutral manner about the benefits of switching to less risky products.
He also asked for better regulation, including advertising, tank and bottle sizes and nicotine limits. For HTPs and nicotine pouches, Snowdon proposed proportional tax and regulation and independent research. He warned policymakers against overregulation, naming e-cigarette taxes, flavor bans or indoor vaping bans as examples. Anything that makes vaping, HTPs, snus or nicotine pouches less appealing will make smoking relatively more appealing, he cautioned.
More Challenges Ahead
Regulations, however, continue to mount. Ciprian Boboi, founder and board member of the Independent European Vape Alliance, provided an overview of upcoming EU laws that will affect the nicotine sector. The Battery Regulation, which will be adopted in June or July this year, stipulates that the batteries in portable devices must be removable and replaceable by the user. For disposable vapes, the new rules mean a de facto ban from January 2027. The Tobacco Products Directive (TPD), which is in revision until 2025/2026 and projected to be implemented by 2027/2028, may encourage the spread of flavor bans (which are already in force in five member states), plain packaging and advertising bans.
The Tobacco Excise Duty Directive (TED), to be implemented by 2025, is expected to include vaping. The Packaging and Packaging Waste Regulation requires all packaging to be recyclable by 2030. Plastic must contain a minimum percentage of recycled material. Provisions are likely to apply to packaging used by the vaping industry, including e-liquid bottles.
The upcoming TED, which aims to harmonize taxation of combustible cigarettes among member states based on the purchasing power parity index, was also the subject of a panel discussion. According to leaked information, the revised TED will tax e-liquids with a nicotine content of below 15 mg/mL (including zero nicotine liquids) at 20 percent, or €0.10 ($0.11)/mL, and those above 15 mg/mL at 40 percent, or €0.30/mL. HTPs will be taxed at 55 percent, or €91 per 1,000 sticks, nicotine pouches at 50 percent, or €120/kg, and other nicotine products at 50 percent, the latter two gradually over four years.
Panelists questioned the objective of the directive, arguing that if it was about health or nicotine, it was illogical to also tax non-nicotine liquids. By failing to follow the risk continuum, tax differentials would merely protect the cigarette trade and worsen the public’s already poor understanding of THR, according to panelists.
The global novel nicotine market is currently worth an estimated $56 billion, according to Marija Obradovic, head legal analyst at ECigIntelligence. Vape products are the predominant category in North America whereas HTPs are leading in Europe, the Middle East and Africa region and the Asia-Pacific region.
Nicotine pouches are steadily growing but face a fragmented regulatory framework in the EU. In several countries, among them Estonia, the Czech Republic and Sweden, they are regulated, with some states imposing packaging restrictions and requiring health warnings. In Bulgaria and Austria, there is a tax on modern oral nicotine products. For HTPs, a flavor ban will enter into force this October. Obradovic said the regulation will likely lead to more illicit markets, especially in eastern European countries bordering non-EU countries where flavors are not banned. Meanwhile, the number of herbal consumables for HTPs with or without nicotine, a totally unregulated market, has been growing.
Regulatory Approaches
When it comes to regulatory policies for RRPs, there are three approaches, as independent consultant Patricia Kovacevic explained. Regulatory science-based policies rely primarily on premarket notification with some elements of product science or standards. The EU TPD notification scheme is an example of this approach. Advantages of this stance include faster and more accessible market entry and a more diverse range of manufacturers, importers and products. Due to distinctions among national legislation, however, consistent success of electronic nicotine-delivery systems (ENDS) as a consumer product is impeded, and the approach does not include an element of scientific communication of the risk continuum. As flavor bans show, it is not always science-based.
By contrast, regulatory policies based on product science authorize market entry upon scientific review, including a comparative risk profile of products. The unit-by-unit review prevails in the U.S. under the Tobacco Control Act. While the approach is protective of the individual and, to some extent, public health, and robust science will eventually lead to a favorable outcome, it is a time-consuming, prohibitively complex, expensive and anticompetitive process that results in a limited number of products concentrated with a few large players, likely resulting in deceleration in harm reduction, according to Kovacevic.
The third approach—no effective premarket requirements—is followed by a dwindling number of countries. It allows easy market access but is not protective of public health. There are no standards and no oversight of product ingredients or functionalities. A regulatory approach that best serves THR, Kovacevic summarized, would include proportional and science-based product design, ingredients and manufacturing standards, reasonable liberties to communicate with adult consumers and would consider distribution, retail and age verification.
Regarding the future of global ENDS regulation, this November will see the 10th conference of the parties (COP10) to the World Health Organization Framework Convention on Tobacco Control (FCTC), to be staged in Panama. Jeannie Cameron, CEO of JCIC International, told the audience about the mechanisms behind the gathering’s decision-making, which takes place by consensus, not vote, and what to expect from the meeting. As the COP10 Bureau, the body that will be writing the agenda, consists of representatives of six countries, most of which have banned vaping, a pro-THR approach is unlikely.
Key issues on the FCTC agenda will likely include bringing novel nicotine products into the FCTC remit, a redefinition of smoke that includes aerosols, restriction of nicotine delivery and bans on nicotine salts in vaping products. COP10 will also discuss nicotine addiction, environmental issues and illicit trade.
As only governments have a say at the meeting, they will have to determine their views beforehand. Cameron recommended that to prepare for Panama, business and consumer advocates should contact small business and health committee members of Parliament, respectively, while political advocates should coordinate with like-minded countries.
Making Adjustments
In a presentation, Marina Murphy, director of scientific and medical affairs at ANDS, demonstrated that nicotine is not the evil substance anti-THR advocates make it out to be.
There is evidence that nicotine, an alkaloid like caffeine, could have a neuroprotective effect, she noted. Murphy pointed out that in nicotine product regulation, lawmakers apply widely varying standards, with cigarettes being regulated based on what comes out and e-cigarettes being regulated on what comes in, for example. With the WHO promoting nicotine flux—the rate at which nicotine flows from the mouth end of an e-cigarette per puff second—as a new regulatory target, she said it is time for the industry to reframe nicotine.
Righting misperceptions derived from flawed science can be helpful in this regard. Rosalia Emma, assistant professor at the Department of Clinical and Experimental Medicine at the University of Catania, reported on the Replica project at the Center of Excellence for Acceleration of Harm Reduction (COeHAR), in which researchers between 2019 and 2022 replicated the most relevant international studies and unequivocally demonstrated the reduced toxicity of e-cigarettes and HTPs. With Replica 2.0, a new phase of research has started this year, which repeats a study by Fetterman that suggested that flavorings in tobacco products induce endothelial cell dysfunction.
In contrast to the Fetterman study, COeHAR’s preliminary results show no significant differences in cell viability between PG/VG and PG/VG with vanillin. Reviewing recent literature about emission characterization, Sebastien Soulet, an engineer at Ingesciences, concluded that the contested studies used devices with high power and low airflow. He said that the condition of use should be investigated by researchers as there was a lack of information in many commissions and committees, including those that put together the FCTC’s nineth report, or the SCHEER report.
Compared to other age-restricted consumer products, such as combustible cigarettes or alcohol, vape products face a stronger regulatory, often prohibitionist stance, mainly because of the flavors involved—although these are also common in alcoholic beverages, according to speakers at the Amsterdam event. To make their products less prone to attack, panelists argued, the industry should behave more responsibly in the design and description of their products to prevent them from attracting youths. It should also develop a nomenclature to rule out violations, they suggested.
Rather than raising taxes on vape products, regulators should step up enforcement against retailers selling to youth, according to speakers. No longer subject to EU requirements, the U.K. should also consider allowing larger tank sizes, they suggested. This would make vapor products less appealing to youth due to higher prices.
The Flavor Issue
The conference also tackled the issue of flavors. In her Tobacco Products Prevalence Study, Andrea Patton, behavioral epidemiologist and head of prevalence research at the Centre for Substance Use Research, modelled the impact of an ENDS flavor ban on U.S. youth and adult users, developing two scenarios. Under the first, the U.S. Food and Drug Administration would ban all flavors except tobacco; under the second, the agency would ban all flavors except tobacco and menthol.
According to the study, the first scenario would result in a 31 percent reduction of vaping among current adult cigarette users while the second scenario would yield a 21 percent reduction. In both scenarios, participants stated that they would start using tobacco. Flavor, Patton concluded, was the main driver for quitting cigarettes. By contrast, only 5 percent of youths said that they vaped only because of flavors; the main reasons cited for vaping were anxiety, stress or depression. A flavor ban would thus not affect youth use as intended, according to Patton, who also stressed the importance for studies on youth use to look beyond the brand level.
Citing research by Konstantinos Farsalinos, Michael Landl, director of the World Vapers’ Alliance, explained the importance of flavors. Most vapers, Farsalinos’ work showed, use flavors other than tobacco. Over time, they will get “flavor fatigue” and hence need a variety of flavors. Flavor bans, he argued, won’t work as they make vaping less attractive to smokers, imply a never-ending “war on drugs” mentality and drive consumers to the black market.
In Estonia, where flavors have been banned since 2020, 58 percent of vapers still use flavors, he said—a real-life experience the Netherlands should have considered before enacting a similar ban. A flavor ban wouldn’t prevent youth uptake either, Landl argued, as most adolescents consumed nicotine for relief of psychological stress. To solve this problem, he asked politicians to improve the socioeconomic conditions and create better opportunities for disadvantaged adolescents.
Richard Young, principal toxicologist at Bibra Toxicology Advice and Consulting, identified aspects that vape manufacturers need to consider when carrying out assessing their products under TPD rules. He recommended getting a toxicologist involved early in the process—doing more extensive toxicity assessments, comparing acceptable levels or thresholds of toxicological concern for each ingredient to appropriate consumer exposures and documenting hazard and risk assessment clearly.
What THR Also Means
Credit: Smithers
Three speakers shared their personal experiences with THR. Tom Gleeson, trustee of the New Nicotine Alliance Ireland, related how he, a smoker of 35 years, successfully quit within two days 12 years ago by trying an early vape product.
Flora Okereke, head of global regulatory insights and foresights at BAT, said that to her, a better future is to use and enjoy nicotine with little or no health impact, which she described as an achievable goal. Okereke made clear that leaving cigarettes, the cash cow for the tobacco industry, to an uncertain future was a bold step for a cigarette manufacturer. She called on the industry to unite and send a unified message to policy regulators. The industry, Okereke said, needed to use COP10 as an opportunity to shape where the industry will be heading.
Liam Humberstone, technical director at Totally Wicked, described his company’s strategy to deal with the waste created by disposable vapes. According to Nielsen, the U.K.’s single-use vape market was worth £1.12 billion ($1.38 billion) in May 2023, corresponding to 200 million pieces sold each year. In addition, there are an estimated 300 million illegal products.
Totally Wicked promises consumers it will take back any device of any brand, even illegal vapes. Products are recycled through some of the country’s few authorized treatment facilities, as their batteries are hazardous waste that needs separating. He pointed out that reducing, reusing and recycling makes sense—a lithium-ion battery, for instance, can be recharged 150 times to 300 times—but is not yet widely practiced. Concrete steps and appropriate regulations are needed to improve the situation, he claimed.
New Technologies
One way to accelerate THR is to offer licensed e-cigarettes on prescription. According to Ian Fearon of WhatIF? Consulting, doctors could prescribe vapes instead of less effective nicotine-replacement therapies. The best places for the medical licensing pathway, according to Fearon, are the U.K. and the U.S. Pete Lomas, managing consultant of product realization at Broughton, explained in detail what it takes to develop an ENDS product for medicinal licensing.
The ENDS Conference also highlighted innovative technologies. Stefanie Scheffler, scientist at the Fraunhofer Institute for Toxicology and Experimental Medicine, presented a novel device for standardized e-liquid testing. Capable of producing a defined and adjustable temperature, the prototype eliminates the influence of the vaping device on aerosol emissions and creates more safety for the user, independent from the e-cigarette used.
Scientific Horizons Consulting launched a new puff-recording ENDS that allows researchers to assess real-world user behaviors in real time. According to the company’s principal scientist, Xiang Gao, a two-month observation study revealed that users had vastly varying, complex and nonlinear puff behavior patterns.
The Independent European Vape Alliance has partnered with InterTabac and InterSupply to exhibit and support the event’s seminar program.
According to a press release, the IEVA will have its own space for the first time at InterTabac and InterSupply at the end of September.
This will comprise a dedicated exhibition area and an exclusive lounge for IEVA members only, and the association will also contribute to “maintaining the high quality of the supporting program” with a high-caliber discussion panel.
Sabine Loos, managing director of Westfalenhallen Unternehmensgruppe which owns and operates the Messe Dortmund venue where InterTobac and Intersupply are held, said the organization is delighted to welcome the IEVA as a new partner.
“The collaboration underlines the importance of our events and the international reputation they enjoy. I’m convinced the IEVA’s proposition will be a valuable enrichment, especially for representatives of the vaping industry that is performing well despite a difficult overall environment,” said Loos.
Dustin Dahlmann, IEVA chairman, said his group is looking forward to the opportunity to present the messages of the responsible vaping industry to a wide international audience.
“The IEVA is committed to a nuanced public perception and regulation of e-cigarettes as a harm-reducing alternative to smoking, and InterTabac and InterSupply provide the right forum for publicizing this further – in 2023 and at future editions of the twin shows,” he said.
Louisiana passed a law that raised taxes on nicotine e-liquids. However, the new rules could result in most vape products being taken off the shelves.
The legislation, Act 414 by Rep. Paul Hollis, started out as a bill to increase the tax on vapes, with Hollis saying he wanted to discourage their use. But it quickly morphed into a broader law that dramatically scales back what vapes can be sold, after wholesalers, major tobacco companies and legislators concerned with youth use got involved.
The law Edwards signed triples the tax on vape liquid from 5 cents per milliliter to 15 cents per milliliter and earmarks the revenue the tax will generate for pay raises for state troopers, according to NOLA.com.
But the bigger impacts have to do with a new registry pushed by the major tobacco companies and large wholesalers.
The law, which goes into effect in November, will require any vapes sold in Louisiana to be authorized by the U.S. Food and Drug Administration to be marketed in the U.S.
Some other products could be sold if litigation is ongoing, but the state Office of Alcohol and Tobacco Control will be able to fine retailers for unapproved products.
The new rules allow for only a handful of companies to sell vaping products in Louisiana, including R.J. Reynolds and Altria, major tobacco companies that sell Vuse and NJoy products, respectively.
Both companies lobbied significantly on changes to the bill, including the registry.
Effectively, the law could ban the vast majority of flavored vapes being sold in Louisiana. A wholesaler testified in a committee hearing that the list would tamp down on popular disposable vapes such as EscoBars, Puff Bars and Elf Bars, which have drawn the ire of regulators and lawmakers across the country.
The FDA has cracked down on Elf Bars recently, telling retailers to stop selling them and halting imports.
Hollis said Altria and Reynolds, along with wholesalers who argued the state was missing out on tax revenue by allowing retailers to bypass it and buy products from vape manufacturers, were among those who negotiated the final law.
The new law now requires products to go through wholesalers.
The law could also mean a de facto ban on flavored vapes because the FDA has not approved any flavored products other than tobacco. Reynolds, with its top-selling Vuse brand, only sells tobacco and menthol-flavored products.
A Reynolds spokesperson said in a statement that “illegally marketed disposable” vapes, often imported from other countries, have “subpar regulatory oversight,” and that getting such products off the shelves will protect youth while allowing adult smokers options beyond combustible cigarettes.
“The creation of a marketing order registry, and the state tax increase which will fund it, will help the public and retailers in assessing the legitimacy of vapor products before hitting the store shelves,” the company said. “Reynolds also urges the FDA to put together a list of products that can be legally sold in the US.”
iMiracle, the maker of Elf Bars, said it was “concerned that the true objective of this law has been obscured from both the general public and Louisiana voters.”
“Louisiana legislators should take a careful look at who promoted and who benefits from this legislation, and whether they want to limit their adult constituents’ access to harm-reduction products,” a company spokesperson said, adding it is evaluating the law’s “applicability and legality.”
The state Office of Alcohol and Tobacco Control will be tasked with enforcing the new law by fining retailers who sell products not authorized by the FDA.
ATC chief Ernest Legier said he hasn’t yet had time to closely review which products will be allowed, but that industry representatives have suggested as much as 60 percent of the products currently on the shelves could be removed.
Individuals visiting Taiwan who bring heated tobacco products into the country could be subject to a maximum fine of NT$5 million ($161,186), the Health Promotion Administration (HPA) warned Tuesday.
The fine will be imposed whether the products are brought in for the traveler’s own recreational use or were bought on behalf of somebody else, the HPA said in a statement.
Under a revision of the Tobacco Hazards Prevention Act that took effect in March, new tobacco products, such as heat-not-burn (HnB) or heated tobacco products (HTPs), and the components necessary for their use, are banned in Taiwan unless they have been approved after a health risk assessment by the Ministry of Health and Welfare (MOHW), according to Focus Taiwan.
Only if they are approved can they be manufactured or imported, the HPA said. To date, no HTP has been approved by the MOHW, according to the health promotion body.
Liu Chia-hsiu, an official with the HPA’s Tobacco Control Division, said the manufacture, import, sale, supply, display, advertising and use of designated tobacco products that have not been approved could be subject to a fine of up to NT$50 million.
The fine for bringing heated tobacco products into the country is between NT$50,000 and NT$5 million, Liu said, while the penalty for those caught using them is NT$2,000 to NT$10,000.
The closed-system solution provider for the world’s largest atomization company, Smoore, captured seven prestigious awards at the Vapouround Mena Vape Awards 2023 held during World Vape Show Dubai.
FEELM, a subsidiary of Smoore, earned high praise at the vent and was crowned Best Manufacturer and Industry Leader beating out a roster of international competition.
Speaking after the ceremony, Rex Zhang, assistant president of FEELM said it was an honor to be recognized as a main player in the industry.
“This is especially exciting considering FEELM also walked away a winner at the Vapouround Global Awards in the UK earlier this year,” he said. “We pour huge amounts of time, effort and resources into optimizing our brand to be the best it can be and developing new technologies that can level up the vape category as a whole – these awards act as proof that we are very much on the right track.”
As well as celebrating its own successes at the Dubai event, FEELM also saw some of its clients take to the winner’s podium. Vape brands PYRO, Aroma King and DEJA VOO – which use FEELM technology in their products – won Best Newcomer, Industry Leader and Best Disposable respectively.
Adding to the list of accolades for brands using FEELM technology, RELX garnered the Best Brand award and also received recognition for its WAKA device securing the runner-up position for Best Newcomer.
“Congratulations to both of these companies. It’s great to see exceptional brands, who are doing exceptional things, get the recognition they deserve,” said Zhang.
The Vapouround MENA Awards coincides with the World Vape Show (WVS) in Dubai, which is one of the biggest expos in the industry calendar.
FEELM used this year’s WVS event as an opportunity to showcase its latest technological developments such as FEELM Max, Topower and Power Alpha.
A motoring group in the United Kingdom is calling for the government to change laws on vaping and driving. With vaping at record levels, motoring experts at LeaseCar.uk are calling for an urgent ban on smoking e-cigarette devices when behind the wheel, according to an emailed press release.
In the UK, it is a legal requirement to drive with due care and attention, and the experts at LeaseCar.uk say there is no way people can adhere to this standard of driving while vaping. Aside from causing drowsiness and dizziness, the devices emit vast clouds of smoke, which restricts vision, making it impossible to be aware of surroundings, the release states.
“Drivers not in complete control of their vehicle could receive penalties such as an unlimited fine, 9 points and a discretionary disqualification,” the release states. “In extreme cases, if someone is injured or killed due to careless driving, they could be jailed.”
In the UK, the only current law around smoking and driving is that it is illegal to smoke with someone under 18, but this doesn’t apply to vaping. Tim Alcock from LeaseCar.uk said that it is only a matter of time before there are more fatalities on the road due to vaping.
“There has been growing concern over the effects of vaping, but we do know that there are high levels of nicotine in the devices, which is highly concerning from a driving point of view,” he said. “E-cigarettes that contain nicotine cause dizziness and lightheadedness, which is highly dangerous, putting both the driver and other road users at risk.
“It is appalling that drivers are still allowed to vape with children in the car given the immediate dangers on the road and long-term medical side effects which are still being researched. Not only that, as people puff at the devices, the vast clouds of smoke create a massive hazard as it blocks and restricts vision. We are calling for the government to make urgent changes to current motoring offenses and consider just how dangerous vaping at the wheel is.”
Monthly e-cigarette sales skyrocketed during the first two years of the COVID-19 pandemic, according to a new study published Thursday by the U.S. Centers for Disease Control and Prevention.
“In the United States, the prevalence of e-cigarette use is markedly higher among youths and young adults than it is among adults overall. In 2021, 4.5% of all adults aged ≥18 years (an estimated 11.1 million) and 11.0% of young adults aged 18–24 years (an estimated 3.1 million) currently (≥1 day during the previous 30 days) used e-cigarettes; during 2022, 14.1% of high school students (an estimated 2.14 million) currently used e-cigarettes,” the CDC’s weekly Morbidity and Mortality Weekly Report (MMWR).
However, in 2020, the U.S. Census Bureau counted 331.4 million people living in the United States; more than three-quarters (77.9 percent) or 258.3 million were adults aged 18 years or older and 30 million (of the 258.3 million) were aged 18-24. The Annie E. Casey Foundation confirms the CDC data. In 2019, 15.3 million students enrolled in high school (9th to 12th grade). Many U.S. high school students turn 18 before graduating high school, as well.
Major media outlets such as ABC News are now reporting that “the CDC noted in its report that e-cigarette use is more common among young people than adults overall” even though the statement is misleading at best.
The agency also states that e-cigarette sales boomed in 2020. Between January 2020 and December 2022, monthly unit sales increased by 46.6 percent, from 15.5 million units to 22.7 million units, the study found. Studies have also shown that combustible cigarette sales plummeted during the same time period.
Researchers found the surge in vape sales was mostly driven by disposable e-cigarettes in flavors, including fruit and candy, which are popular among youth and young adult users, and several studies have found they are also preferred by adults who have quit combustible cigarettes..
Additionally, while the share of pre-filled e-cigarette cartridges decreased from 75.2 percent to 48 percent of total sales, the share of disposable e-cigarette units increased from 24.7 percent to 51.8 percent of total sales.
The study found this may be due to an announcement the U.S. Food and Drug Administration made in January 2020 that prioritized enforcement against prefilled cartridges in flavors other than tobacco and menthol.
Disposable vaping products were the first e-cigarettes to be distributed broadly across the U.S. After winning a landmark lawsuit against the FDA in 2010, the Njoy King became the bestselling e-cigarette on the market after just a few years.
By 2017, pod systems became more popular as battery technology improved. It was easy to switch between flavors, and the rechargeable battery lowered the cost of products for consumers compared to disposable devices.
Open systems were popular too, but pods were easier and cleaner without the chance of spilling e-liquid everywhere. The versatility of pod systems helped vaping become more mainstream.
Then in January of 2020, the FDA created an unnecessary problem. The regulatory agency stepped in under the guise of a youth vaping “epidemic” and banned the sale of all flavored (except tobacco and menthol) pod-style vaping products.
