Author: Staff Writer

Police in Taiwan Seize $227,000 Worth of E-Liquids

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Police in Taiwan have seized over 240,000 bottles of nicotine-containing e-liquid and nine barrels of semi-finished product with an estimated market value of over NT$7 million ($226,908). Police on Tuesday said the product was confiscated earlier this year.
The illegal product was discovered at stores in Kaohsiung and Tainan, according to police, and it had been imported from China. Legislative amendments passed in March make the sale of vaping and heated tobacco products illegal in Taiwan, according to Taiwan News. The new rules introduced fines of up to NT$10,000 for users and NT$50 million for importers, manufacturers, and sellers.
Police investigations found the product was being sold through both stores and LINE groups, but only to customers who had previously bought the e-liquid.
June 20, 2023
Vape Korea Expo Set to Return for Second Year

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In 2022, Vape Korea Expo was the first and largest e-cigarette exhibition in Korea. The event drew the attention of e-cigarette consumers worldwide. The Korean e-cigarette market has been growing faster than expected year over year, despite controversy and issues over the safety of vaping products and government regulation.
The event is scheduled to take place from July 21st to 23rd at KINTEX, one of Korea’s major exhibition venues.
Vape Korea Expo is returning for 2023 and expects to showcase the latest in vaping hardware, e-liquids, oils and accessories. The show combines B2C retail, commercial, and entertainment elements with a Trends Symposium and an E-Cigarette Art Exhibition, according to a press release.
There will also be a number of networking events including B2B buyer meetings and VIP receptions during the show.
“Vape Korea Expo provides a unique platform for Korean and international brands, manufacturers, distributors, retailers and e-cigarette consumers to meet and interact with each other,” the release states. “Korea Vape Show (KOVAS 2023) is gaining recognition as a paradise for vape enthusiasts, attracting the attention of the vape community centered around Northeast Asia.”
Registering in advance on the KOVAS 2023 website, www.koreavape.show, before 6:00 PM on July 20th, admission. For more detailed information and inquiries, please contact the Korea Vape Show (KOVAS 2023) office is free.
June 19, 2023
Second Circuit Appeals Court Rules in Favor of FDA

Credit: Brian Kinney
A federal appeals court has ruled that the U.S. Food and Drug Administration didn’t change its position on admissible evidence and the agency’s failure to consider a marketing plan didn’t impact the outcome.
The FDA acted reasonably in denying vapor maker Magellan Technology Inc.’s request for a marketing order for its flavored vaping products, the U.S. Court of Appeals for the Second Circuit ruled Friday.
The court upheld the FDA’s finding that Magellan failed to show the product would provide a benefit to adult users that would outweigh the risks to youth.
The agency found Magellan’s evidence—four non-clinical studies—was insufficient to establish that the flavored pods would be more effective than tobacco-flavored electronic nicotine delivery systems (ENDS) in helping smokers switch to e-cigarettes to stop smoking altogether, according to Bloomberglaw.
The manufacturer of Hyde and Juno brand e-cigarettes sued the FDA and the U.S. Department of Health and Human Services claiming the agencies violated the Administrative Procedure Act.
New York-based Magellan Technology accused the agencies of refusing to review the company’s premarket tobacco product applications (PMTAs) for 12 products, a process which cost the company $1 million. Magellan claims the FDA “arbitrarily” and “capriciously” rejected the applications.
“Magellan had already spent over $1 million on the PMTAs at the time the RTA [refuse-to-accept] order [was] issued and plans to spend over $10 million on the PMTAs in total,” the suit states.
Texas-based retailer Vapor Train 2 LLC is also a plaintiff in the suit. The companies asked a Texas federal court to temporarily stay the RTA order the FDA issued to Magellan, according to the lawsuit filed Thursday.
“FDA acted arbitrarily, capriciously, and otherwise not in accordance with applicable law in issuing the [refuse-to-accept] order,” the lawsuit states. “The agency invoked regulations governing [premarket tobacco product applications] acceptance that do not apply to Magellan’s [applications] and failed to consider timely amendments containing required content that Magellan properly submitted.”
The companies are expected to appeal the ruling. Magellan could now seek an en banc review of the case (a rehearing by the full Second Circuit) or could appeal to the Supreme Court of the United States.
June 19, 2023
Malaysia MPs Want Liquid Nicotine Back on Poisons List

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Opposition MPs in Malaysia are amplifying calls for the reintroduction of liquid nicotine into the Poisons Act 1952.
Kuala Langat MP Ahmad Yunus Hairi, who heads Perikatan Nasional’s (PN) health portfolio, said the absence of regulations on vape has led to a proliferation in the number of teens using e-cigarettes or vaping products.
“By excluding liquid nicotine from the Poisons Act, we have inadvertently created loopholes that undermine our efforts to combat the use of vaping among our youth.
“I hope liquid nicotine can be reinstated into the Poisons Act, given the Health Minister’s authority over the matter, so that, at the very least, before we proceed with the Control of Smoking Products for Public Health Bill 2023, we can have some control over these e-cigarette devices,” Dr Ahmad Yunus said in his debate on the Health White Paper (HWP) tabled in Parliament, reports CodeBlue.
Both the Malaysian Medical Association (MMA) and the Malaysian Pharmacists Society (MPS) have previously urged the government to bring liquid nicotine back under the control of the Poisons Act 1952, particularly in light of the uncertain status of the tobacco bill.
The Control of Smoking Products for Public Health Bill, which regulates tobacco and vape products, remains in limbo after it was referred to the Health parliamentary special select committee (PSSC) – chaired by former Health Minister Dzulkefly Ahmad – immediately after first reading at the Dewan Rakyat on Monday.
This means that vapes and e-cigarettes will remain legally available for sale to minors aged under 18 for at least another four months until the Lower House meets in October.
June 18, 2023
Clearwater, Florida Bans Vaping at Beach, Parks

The city of Clearwater in the U.S. state of Florida approved a ban on vaping and smoking on city-owned public parks and beaches.
The city council unanimously approved the new ordinance and it goes into effect immediately.
It includes combustible cigarettes, vapes and e-cigarettes, but does not include unfiltered cigars, according to WFLA.
City council members said the ultimate goal is to reduce the environmental impacts on the community.
The city said the ban would protect beachgoers and marine life.
This comes a year after Gov. Ron DeSantis signed a law that allows cities and counties to decide if they want to enforce a smoking ban.
The city of St. Petersburg has already implemented a similar smoking ban.
June 18, 2023
Bidi Makes First Shipment to 900 Kwik Trip, Mapco Stores

Credit: Aaron
Kaival Brands Innovations Group, the distributor of products manufactured by Bidi Vapor, today announced the initial shipment of Bidi Sticks to over 900 Kwik Trip and Mapco locations
According to a press release, the company expects to ramp up shipments to over 1,200 locations planned by the end of 2023, with Kwik Trip representing over 900 of those locations.
On Thursday, the company made its first shipment of Bidi Sticks to over 1,000 Circle K locations, with a ramp-up to 5,000 locations by the end of the year within the South Atlantic and Midwest regions of the United States.
“Ultimately, our goal is to ramp up to over 1,200 locations this year within those two retailers, both of whom adhere to our strict requirements for adult-only sales and youth-access prevention,” stated Eric Mosser, president and COO of Kaival Brands.
“We are encouraged by the renewed momentum we are experiencing (subject as always to FDA enforcement discretion) with retailers like Circle K, Kwik Trip, and Mapco who champion compliance and youth-access prevention and recognize our ongoing efforts since last year to educate retailers and distributors of the business value of marketing Bidi Stick versus non-compliant competition.”
In March, Kaival Brands Innovations Group entered into a sales broker agreement with a prominent U.S. broker to expand access to Bidi Vapor products from its current foundation of convenience store distribution into new retail channels, including discount, grocery and mass merchandisers.
June 16, 2023
Criminal Reform Groups Push Back on Flavor Ban

Image: Tobacco Reporter archive
A coalition of more than 50 criminal justice reform groups sent a letter to U.S. President Joe Biden warning that the U.S. Food and Drug Administration’s proposed ban on flavored tobacco products will lead to overpolicing in communities of color, according to The Hill.
Prohibition-style policies, like the one proposed, “have serious racial justice implications,” wrote the organizations, which include Blacks in Law Enforcement, the National Association of Criminal Defense Lawyers, the National Latino Officers Association and the Sentencing Project.
“Banning the legal sale of menthol cigarettes through licensed businesses will lead—and, in fact, has already led in some states—to illegal, unlicensed distribution in communities of color while triggering criminal laws in all 50 states, increasing the incidence of negative interactions with police and ultimately increasing incarceration rates,” the letter said. “There are far better solutions for reducing menthol cigarette use than criminalizing these products and turning this issue over to the police.”
The aim of the flavor ban is not only to make smoking less attractive but also to advance health equity, according to Health and Human Services Secretary Xavier Becerra
“FDA has the power to provide smokers with less harmful options and information to help accelerate reductions in smoking,” the coalition wrote in its letter. “Rushing forward with a total ban without these alternatives in place contradicts everything we know—and everything the administration has been saying in other spheres—about why harm reduction works and criminalization doesn’t.” The coalition urged the FDA to reconsider the ban and find solutions opposed to criminalization.
June 16, 2023
Panacea to Distribute Fume Products in Britain

Panacea Life Sciences Holdings signed an exclusive licensing and distribution agreement with QR Joy to distribute Fume disposable vape devices across the U.K.
“The Panacea distribution division is thrilled to be distributing the Fume product line throughout the U.K. as we see a tremendous opportunity to expand our strategy and diversification into the natural plant-based markets,” said Leslie Buttorff, Panacea CEO and founder, in a statement. “Partnering with such a popular brand like Fume enables us to open new markets while driving revenue and shareholder value for our investment community.”
June 16, 2023
Lawmakers Continue to Urge FDA to Finish PMTA Reviews

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U.S. lawmakers are urging the Food and Drug Administration to wrap up its review of pending e-cigarette premarket tobacco product applications, reports Law360.
In a letter to FDA Commissioner Robert Califf, 50 members of Congress requested the agency finalize its review of pending applications for e-cigarette products; deny applications for all nontobacco-flavored e-cigarette products, including menthol; and utilize the enforcement tools that have been given to the agency to remove all synthetic nicotine products from the market, including those with pending applications.
The lawmakers’ call comes after the FDA failed to meet a court-ordered deadline of Sept. 9, 2021, to complete its review of all pending e-cigarette applications submitted to the agency. In its most recent filings with the court, the FDA has indicated that it will not be able to finalize its review of products with the largest market share until December 2023.
“FDA’s repeated delays in removing flavored e-cigarettes from the market is putting children’s health at risk,” said Colorado Representative Diana DeGette in a statement. “FDA needs to step up its enforcement of these harmful products and get them off our store shelves now. Every day that these products remain on the market, the more harm they cause to young people’s health.”
While the FDA has completed its review of many e-cigarette products, it has not yet completed its review of thousands of pending applications—including those for popular products manufactured by Juul Labs, Reynolds Vapor Co. and Smok.
The lawmakers urged the agency to complete its review of all its pending applications no later than Dec. 31, 2023.
June 16, 2023
Ector County Jail Sells $19,000 in Vapes in One Month

Credit: Ye Jinghan
Authorities in Ector County, Texas started selling e-cigarettes to inmates at their Law Enforcement Center started on May 8th. Jail Captain James Mckinney started with 2,000 vapes. One costs about $14.
“Regular, menthol, peach, ice peach and then berry. I ordered 400 of each and we were sold out last week,” said Mckinney.
They were so popular, Mckinney just ordered 4,000 more, according to CBS7.
In total they’ve made $19,476.50, profiting $11,776.50 on the e-cigarettes in just one month.
“If you’re making money off the inmates it has to go back to benefit the inmates, whether it be the mattresses I buy for them, the clothes, sheets, anything that benefits them, basketballs,” said Mckinney.
They’ve only had about 10 inmates alter the products out of the hundreds currently at the jail.
“If they tamper with them we’ll take them away for 14 days, if they tamper again with them, we’ll take them away for 21 days, if they tamper a third time then we’ll take them away until we say they can get another one,” said Mckinney.
June 14, 2023