Author: Staff Writer

Juul Labs Settles Minnesota Suit for Youth Marketing

Credit: Piter2121
Juul Labs on Monday announced a settlement in the state of Minnesota’s lawsuit against the e-cigarette manufacturer and tobacco giant Altria — the first of thousands of cases against the e-cigarette maker to reach trial — just ahead of closing arguments.
It comes only days after Juul announced its biggest settlement ever over the way it marketed its highly addictive products.
The Minnesota settlement is expected to be valued at a minimum of $100 million.
Officially, the terms will be kept confidential until formal papers are publicly filed with the court in 30 days, Minnesota Attorney General Keith Ellison said in a statement, according to the AP.
If it’s like Juul’s other settlements, the Minnesota settlement could include a multimillion-dollar payment and various restrictions on the marketing, sale and distribution of the company’s vaping products.
Ellison said ahead of the trial that he was seeking more than $100 million in damages.
“After three weeks of trial highlighting and bringing into the public record the actions that Juul and Altria took that contributed to the youth vaping epidemic, we reached a settlement in the best interest of Minnesotans,” Ellison said.
Juul said it would work with the state to finalize the details over the coming weeks.
“We have now settled with 48 states and territories, providing over $1 billion to participating states to further combat underage use and develop cessation programs,” the company said in a statement. “This is in addition to our global resolution of the U.S. private litigation that covers more than 5,000 cases brought by approximately 10,000 plaintiffs.”
April 17, 2023
Japan Tobacco Boosts Investment in Heated Products

Photo: JI
Japan Tobacco will invest ¥300 billion ($2.25 billion) in its tobacco-heating products (THPs), with ¥200 billion designated for marketing the sticks internationally, reports Nikkei Asia
“Last year, we couldn’t make the investment because there were not enough [heated-tobacco] devices due to the semiconductor shortage,” Japan Tobacco President Masamichi Terabatake was quoted as saying. “For 2023, we are back on track for procurements, and we are able to secure more than twice Japan’s supply volume compared to last year.”
JT plans to roll out its Ploom X THP in more than 10 countries this year, reaching at least 20 new countries by the end of 2024. Currently available only in Japan and the U.K., the product is set to debut in Italy this month.
To gain name recognition, JT will invest in pop-up shops and digital sales. It will develop flavors that match the tastes of each market.
In the U.S., JT formed a joint venture with Altria Group. The partners will seek permission from the Food and Drug Administration to market Ploom by early 2025.
While JT’s THP segment is currently in the red due to the forward investments, the company anticipates turning a profit in 2028 on overseas growth.
JT will also invest in research and development, looking to develop the second generation and third generation of Ploom X devices.
Global sales volume for cigarettes shrank 1.5 percent last year, JT said. By contrast, the global market for THPs last year grew 17 percent to $33.4 billion, according to Euromonitor International.
April 17, 2023
U.S. Appeals Court Revives Phillip Morris Patent Suit

The United States Court of Appeals for the Federal Circuit (CAFC) reversed a district court’s dismissal of a Florida vape company’s patent lawsuit against tobacco company Phillip Morris.
Healthier Choices Management (HCM) filed the appeal to the CAFC after a district court ruled in Phillip Morris’s favor, dismissing the patent infringement case. HCM alleged that Phillip Morris infringed on its patent for an electronic pipe, U.S. Patent No. 10,561,170.
The CAFC reversed the district court’s dismissal of the original complaint and its denial of HCM’s motion to amend the complaint. Additionally, the appeals court vacated the award of attorneys’ fees to Phillip Morris.
The main dispute between the two companies is whether one of Phillip Morris’s products initiates a combustion reaction. HCM alleged that the product in question from Phillip Morris does induce a combustion reaction, while Philip Morris claimed that the product is combustion-less.
If the product does involve combustion, it would bolster HCM’s case that Phillip Morris infringed on its patent, according to IP Watchdog.
However, the district court agreed with Phillip Morris that an attached exhibit from HCM proved that Phillip Morris’s product does not use combustion. Thus, there was no infringement found and the case was dismissed.
The district court also denied HCM’s motion to file an amended complaint.
As a result of the district court ruling, HCM appealed to the CAFC, arguing that the district court erred in dismissing the case, denying its motion to amend its case. HCM also asked that if the case be remanded that it be assigned to a different judge, and the company contested the attorney fees that Phillip Morris was awarded.
CAFC sided with Phillip Morris and denied HCM’s request for reassignment. The case will go back to Judge Timothy C. Batten of the United States District Court for the Northern District of Georgia.
April 17, 2023
Temple CBD Maker Under Investigation in Australia
Credit : Ethically Enhanced
A company accused of advertising brightly packaged, Hubba Bubba-flavoured cannabis vape products to Australians through sponsored TikTok posts and selling them without checking for ID or requiring a prescription is being investigated by the country’s drugs regulator.
The Therapeutic Goods Administration (TGA) confirmed it is investigating the content and owners of the Ethically Enhanced website, which sells vapes containing cannabidiol (CBD) under the name Temple CBD Australia. A TGA spokesperson said the regulator will now “determine the most appropriate regulatory action,” reports The Guardian.
The confectionery giant Mars, which makes Hubba Bubba chewing gum, confirmed it was also “considering legal action” against the company.
Temple CBD’s targeted “sponsored posts” were active on TikTok for at least a week, despite Australia not allowing medicinal cannabis products to be advertised to the public.
After being contacted about the advertisements, TikTok banned the account for breaching its policies, but said it was the “responsibility of the advertiser to ensure that all ads posted on TikTok are legally compliant, in accordance with our advertising policy and appropriate for our community.”
April 16, 2023
California Lawmakers Shelve Tobacco ‘Endgame’ Bill

Credit: Peter Gonzalez
Three years ago, advocates for reducing smoking and vaping in California won a major victory when they persuaded the state Legislature to adopt a ban on the sale of flavored tobacco products despite an intense industry lobbying campaign.
But in recent months, those same groups have been largely silent as a first-term lawmaker sought to phase out tobacco sales in the state altogether. His proposal was shelved this week without even receiving a hearing, and he will instead pursue a bill this session to strengthen enforcement of the flavored tobacco ban, according to Jefferson Public Radio.
The decision by major anti-tobacco organizations to sit out another legislative fight reflects a broader disagreement among advocates about the best way to reach what they call the “endgame” of a tobacco-free future — and whether that should be their primary goal. Concerns over public backlash, political feasibility and potential cuts to programs funded by tobacco taxes are all factors.
“All these groups have the same goal,” to eliminate the deaths and disease caused by tobacco, said Chris Bostic, policy director for Action on Smoking and Health, one of only a handful of anti-tobacco groups to endorse the sales phaseout bill. “But people have varying opinions of how to get from here to there.”
Assembly Bill 935, introduced in February by Assemblymember Damon Connolly of San Rafael, would have taken the bold step of banning the sale of tobacco products, including cigarettes, cigars and vaping e-liquid, to anyone born on or after Jan. 1, 2007.
The legal smoking age in California is 21, so those who would have been affected by the measure aren’t able to buy tobacco from retailers for at least five more years anyway. But the proposal would have had the effect of creating a whole generation of Californians prohibited from ever legally purchasing tobacco products, with the goal of making it more difficult for them to start smoking or vaping.
It’s an idea that remains on the cutting edge globally. New Zealand became the first country to adopt the approach in December, banning the sale of smoked tobacco products such as cigarettes for anyone born after 2008. The Massachusetts town of Brookline passed a more expansive ban on tobacco products, including vapes, in 2020, which faced a legal challenge from retailers and was upheld in court last year.
Lawmakers in Hawaii and Nevada also introduced sales phaseout proposals this year, but neither measure has received a hearing yet either.
April 15, 2023
Ector County, Texas Approves Vapor Sales in Jails

Credit: Lucitanija
The Ector County Commissioners Court approved selling e-cigarettes to inmates at the Ector Law Enforcement Center..
“Their correction grade, the inmate they’ve gotta barcode on it they will scan it the inmate has to give this particular unit back to get another one if it’s altered in any way they won’t get another one,” said Sheriff Mike Griffis, according to CBS7.
All of the revenue will go towards the jail, at no expense to taxpayers, Ector County Judge Dustin Fawcett says it will offset costs to keep the inmates locked up.
“The supplies it takes to pay for the inmates, their beds, their pillows, all those types of things taxpayers are on foot for so we are certainly going to look to relieve all taxpayer items to the best of our ability,” said Fawcett.
Griffis says their buying the e-cigarettes at $3.85 a piece selling them for around $14. They’ll start with 1,000 and see how it goes…
“I hope we sell a bunch of them and make a lot of money. The vendor said y’all may make $1 million a year selling these,” said Griffis.
One e-cigarette is equivalent to one pack of cigarettes.
Fawcett says other counties have used this before, as the e-cigarettes act as a behavioral tool.
“Whenever you have inmates who cooperate who are on good terms it helps with our jailing numbers, our staff when you have good inmates you don’t see as much turnover with staff,” said Fawcett.
Griffis says the e-cigarettes are fairly indestructible, basic enough to hopefully not pose a safety threat.
April 14, 2023
Cannabis Business Expo to be Held With InterTabac

The Cannabis Business Expo 2023 (CB Expo) will be held alongside the 2023 InterTabac trade fair in Dortmund, Germany.
CB Expo 2023 will use the Kongresszentrum, part of the Westfalenhallen expo center complex, on Saturday, Sept. 16, the final day of InterTabac. A reception is scheduled for Friday, reports Charlie Minato of Halfwheel.
“The main focus of this year’s CB Expo will be on the proposed legalizations of cannabis for recreational use in Germany, the Netherlands, Switzerland, the Czech Republic, Malta and Luxembourg,” said an announcement from Westfalenhallen Unternehmensgruppe GmbH, which owns both InterTabac and the exhibition space. “The event offers an excellent opportunity to learn about and discuss the latest developments and trends in the European cannabis industry.”
InterTabac is an international trade show for the vaping and tobacco industries. Organizers expect 13,000 attendees for InterTabac and InterSupply—which covers the machinery and equipment side—while 1,000 tickets are available for CB Expo.
The 2021 and 2022 versions of CB Expo were held in Zurich, Switzerland.
InterTabac 2023 takes place Sept 14-16 in Dortmund.
April 14, 2023
Panama Rejects Proposal to Regulate Vape Products

Credit: Hanohiki
Authorities in Panama have rejected a proposal to regulate vaping products. In March, the Panamanian Tobacco Harm Reduction Association together with citizens who use vaping products presented a proposal for the regulation of electronic nicotine-delivery systems (ENDS) in order to modify Law 315 of June 30, 2022, which prevents the more than 170,000 Panamanian smokers from using ENDS products.
The proposal was rejected by the Technical Secretariat of Economic Affairs, which issued an unfavorable report. According to the report, the government believes that Panama should continue with the strategy set by the WHO Framework Convention on Tobacco Control and reject the use of reduced-risk products to help smokers quit.
The report also justified its decision to reject the proposal on the grounds that they follow the legislation of countries such as Mexico and Argentina.
Michael Landl, director of the World Vapers’ Alliance, said the government of Panama continues to ignore users and science. Tobacco harm reduction should be an indispensable element in the fight against smoking.
“Science has already proven that vaping is far less harmful than smoking and is the most effective therapy for quitting tobacco,” Landl said in an email. “The thousands of Panamanian vapers are proof of this. Panama should follow the example of countries that are succeeding in defeating smoking, such as the United Kingdom or Sweden, which is about to become the first tobacco-free country in the world, instead of copying the failure of Argentina and Mexico.”
The rejected proposal also looked to guarantee users’ access to a legal market free of contraband. Currently, the black market is gaining prominence and it is estimated that smuggling reaches 80 percent of the trade of combustion cigarettes and 100 percent of the trade of smoke-free devices, according to the president of the Panama Tobacco Harm Reduction Association, Tomás Sánchez.
“Since last year’s ban, thousands of users of reduced-risk products have been forced to return to tobacco smoking or purchase their products illegally on the black market, where there are no guarantees of quality and safety,” Sánchez wrote in an email. “The ban has been a failure for public health and the Panamanian government needs to correct its position as soon as possible to allow smokers access to an alternative. Their response shows that they do not understand tobacco harm reduction and are unwilling to listen to users, who are the main victims of the ban.”
April 13, 2023
New Resources to Help Submit PMTA Amendments

The U.S. Food and Drug Administration’s Center for Tobacco Products (CTP) has created two new resources to help applicants prepare and submit amendments to their premarket tobacco product applications (PMTAs): Fact Sheet—Amendment Tips: Completing Form FDA 4057a and Video—Using the CTP Portal.
The fact sheet provides quick tips for completing Form FDA 4057a—Premarket Tobacco Product Application Amendment and General Correspondence Submission. In most circumstances, the CTP can only accept PMTA amendments for review that include Form FDA 4057a. In general, when submitting amendments for a PMTA, the FDA will review the required Form FDA 4057a first. If required content is missing from the form, the FDA may not continue reviewing the amendment.
The video provides an overview of the CTP Portal and how to use it, including how to find application submission tracking numbers online.
Recently, CTP Director Brian King outlined several new actions to enhance the center’s efficiency, effectiveness and transparency. These activities include enhanced communication on scientific issues and practices. By providing these new resources, the CTP is aiming to better support applicants navigating the PMTA process.
April 13, 2023
Broughton Joins UKVIA, Launches Compliance Package

Broughton has joined the U.K. Vaping Industry Association (UKVIA) as the 2023 vaping awareness month, VApril, kicks off. Nveed Chaudhary, chief scientific and regulatory officer at Broughton, attended a meeting of industry experts at the Houses of Parliament to encourage more regulatory rigor in applying U.K. vape regulation to protect consumers, according to a press release. The event provided a platform for key stakeholders to discuss the current state of the vaping industry and explore ways to improve public health outcomes.
“Recent compliance issues with some manufacturers could impact consumer trust in vapes in the U.K.,” said John Dunne, UKVIA director. “Quality control and analytical testing experts Broughton joining UKVIA at this time illustrates the importance of product quality and safety to ensuring the continued transition of smokers away from cigarettes.
“At UKVIA, we believe vapes have a key role to play in helping reduce death and disease caused by smoking. Ensuring vape safety is of the utmost importance to us and our members, and as a group, we’re advocating for stronger action against noncompliant vapes. This should include faster removal of noncompliant products, complete testing of products and greater penalties for manufacturers and retailers who break the rules.”
Broughton has also introduced a new U.K. and European Union Vape Compliance Package to help address concerns about vape regulatory compliance. The service will focus on labeling, packaging, nicotine strength, fill volume and banned ingredients.
Manufacturers, distributors and retailers who use the compliance package will receive a Certificate of Analysis that verifies their products’ compliance with current U.K. or EU regulations.
April 12, 2023