Author: Staff Writer

Lawmakers in U.S. Congress File Bills to Regulate CBD

Credit: Dogora Sun
Congressional lawmakers in the U.S. have refiled a pair of bills meant to provide a pathway for the regulation of hemp derivatives like CBD as dietary supplements and food and beverage additives.
The two measures that were filed on Friday—the Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act and the CBD Product Safety and Standardization Act—are being sponsored by Reps. Morgan Griffith and Angie Craig, according to Marijuana Moment.
Earlier versions of the bills were filed last Congress and ultimately did not advance, but advocates and industry stakeholders feel that the U.S. Food and Drug Administration’s recent announcement that it wouldn’t be taking steps to regulate CBD will put pressure on lawmakers to act this time around.
The Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act would mandate that hemp, hemp-derived CBD and other derivatives from the federally legal cannabis plant would be made lawful as dietary supplements under the Federal Food, Drug, and Cosmetic Act (FDCA).
The CBD Product Safety and Standardization Act, meanwhile, would require FDA to develop rules and hold a public comment period on the maximum amount of hemp-derived CBD that could be added to a food item or beverage per serving, labeling and packaging requirements and the “conditions of intended use,” the text of the legislation states.
March 20, 2023
COP Delegations Urged to Include Consumer Input

Photo: Oleg
Country delegations to the 10th Conference of the Parties (COP10) to the World Health Organization’s Framework Convention on Tobacco Control (FCTC) should include at least one consumer of safer nicotine products, according to the Coalition of Asia Pacific Tobacco Harm Reduction Advocates (CAPHRA).
In a letter to their respective countries’ FCTC delegations, CAPHRA member organizations stressed the importance of listening to consumers. “Consumers are an untapped experience and knowledgebase who are not represented inclusively in the FCTC process,” the letter states. “Delegates to COP10 should be representing the rights and aspirations of the citizens.”
CAPHRA insists that adults have the right to make choices that help them avoid adverse health outcomes and people who smoke have the right to access less harmful nicotine products as alternatives to combustible and unsafe tobacco. What’s more, they have the right to participate in the policy making process that directly impacts their right to health and wellbeing, the letter notes.
CAPHRA Executive Director Nancy Loucas said that exclusion of consumer voices has contributed to misinformation, disinformation and failures of tobacco control policy.
“Millions have successfully used vaping to move away from combustibles and unsafe oral nicotine products, yet the FCTC looks set to bury its head in the sand again at COP10. CAPHRA believes visiting delegations must include a consumer voice to give at least some balance to all the misinformation,” says Loucas.
COP10 will be held in Panama in November.
March 20, 2023
Flavored Vaping Ban Bill in Maine Gaining Support

Maine State House (Credit: Jovannig)
A proposal to ban all flavored vaping and other tobacco products in Maine is gaining momentum, with key lawmakers from both sides of the aisle lining up behind the bill.
The legislation sponsored by State Sen. Jill Duson is supported by House Speaker Rachel Talbot Ross and Senate President Troy Jackson, according to Union Leader.
It was printed on Friday, revealing details of the proposal for the first time. Committee meetings and public hearings will be scheduled in the coming weeks.
The measure would ban the use of all flavors in all vaping and other tobacco products sold in Maine, other than tobacco flavor. The ban would also include menthol.
Bill supporters say that the flavors are added to the products to attract teens and get them hooked on nicotine, even though vaping products are illegal for those under 21 to purchase.
Opponents say it would simply drive people out of state to buy flavored tobacco, which they argue should be available to adults who turn to vaping as a way to quit smoking.
Several cities in Maine have already banned flavored tobacco products.
Bar Harbor become the fifth town in the U.S. state to ban flavored tobacco products earlier this month.
Portland, South Portland, Brunswick, and Bangor have also voted for similar bans.
March 19, 2023
SKE Crystal Pulled From UK Shelves for E-Liquid Volumes

The disposable vape brand SKE Crystal has been pulled from sale at One Stop and Booker stores in tyhe UK. The products reportedly contain more than the regulatory maximum amount of nicotine e-liquid.
The Grocer reported that multiple independent lab tests had found SKE Crystal devices to contain significantly more than the permitted 2ml of liquid.
Testing commissioned by tobacco company BAT of 15 SKE Crystal Blue Razz Lemonade flavoured devices bought at two One Stop stores in Hereford and Worksop, and a Sainsbury’s store in Leeds, found all contained more than 2ml of liquid.
In one case, a device had a total fill volume of 3.26ml, more than 60 percent over the permitted maximum.
Separate testing supplied by a senior industry source 14 SKE Crystal disposable variants – including Watermelon Strawberry Bubblegum, Fresh Menthol Mojito and Bull Ice – found all contained more than 3ml of nicotine juice.
Lab tests of all SKE Crystal SKUs by Adact Medical, commissioned by vape wholesaler Phoenix 2 Retail and shared with The Grocer, found only one flavour variant – Sour Apple – was found to have a non-compliant tank capacity.
One Stop and Booker – which are both owned by Tesco – have temporarily removed three SKE Crystal variants from sale as a precautionary measure while further tests are carried out by its supplier. The flavours pulled from shelves are: Sour Apple, Pink Lemonade and Bull Ice.
Previously, Elfbar and its subsidiary Lost Mary had its products pulled from UK shelves after testing confirmed that they had more then the maximum allowed for e-liquids.
March 19, 2023
Leaked BAT Data Claims Most UK Disposables are Illegal

Media outlets are reporting that BAT sent vaping wholesalers testing results that claim that nearly all major disposable vaping brands in the UK not produced by a major tobacco manufacturer contain illegal volumes of e-liquid.
Senior wholesaler sources leaked nearly 50 pages of BAT product testing data to betterRetailing, along with a letter from BAT urging wholesalers to stop selling products it claims are failing to comply with the 2ml e-liquid limit. A distributor of many of the brands named denied the claims.
In a letter sent to wholesalers by BAT UK managing director Fredrik Svensson, seen by betterRetailing, the supplier said it had commissioned “independently accredited laboratory” testing on Elf Bar 600 products purchased from supermarkets and independent retailers between 6 September 2021 and 7 March 2023.
The evidence revealed that the tested products “contained significantly more than the legal limit of 2ml of nicotine-containing e-liquid from 2.76ml to 3.88ml, with an average overfill of 58 percent.”
Testing was also conducted at the same lab on Lost Mary, Found Mary, IVG Bar, Klik Klak, SKE Crystal, Smok Mbar Pro and Solo disposable vapes. Test results for all these brands showed illegal levels of e-liquid.
Together, the brands account for nearly all disposable vaping sales in independent shops by both revenue and volume.
BAT’s letter urged: “As a responsible trading partner, we trust that you are taking appropriate steps to ensure that you are not supplying non-compliant products and that you will be urgently reviewing the supply of any products you stock, particularly those which our testing demonstrates do not comply with the TRPR [The Tobacco and Related Products Regulations 2016].”
Elfbar voluntarily pulled its products from UK shelves after finding its products did not meet legal requirements.
Recently, another Elfbar brand was pulled from UK store shelves after finding the products surpassed the legal limit for e-liquid volumes.
March 18, 2023
FDA Publishes Update to Include ‘Nontobacco Nicotine’

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The U.S. Food and Drug Administration has updated its definition of “tobacco products” to include nontobacco nicotine products.
In response to the increase of nontobacco nicotine in popular tobacco products, Congress passed a federal law that went into effect on April 14, 2022, granting the FDA authority to regulate tobacco products containing nicotine from any source, including synthetic nicotine. This new law extended the tobacco product requirements in the Federal Food, Drug and Cosmetic Act to manufacturers, importers, retailers and distributors of nontobacco nicotine products. Previously, the FDA’s tobacco product authority only extended to tobacco products that contain nicotine made or derived from tobacco.
Under this legislation, the definition of “tobacco product” in the FDA’s regulations and guidances has been considered to be amended since April 14, 2022. The FDA has now issued two notices in the Federal Register updating the definition of “tobacco product” in its existing regulations and guidances.
In addition, the agency has also posted the following nine revised guidances to the FDA’s website: Civil Money Penalties and No-Tobacco-Sale Orders for Tobacco Retailers (Revised); Determination of the Period Covered by a No-Tobacco-Sale Order and Compliance With an Order (Revised); Further Amendments to General Regulations of the Food and Drug Administration to Incorporate Tobacco Products (Revised); Interpretation of and Compliance Policy for Certain Label Requirement; Applicability of Certain Federal Food, Drug and Cosmetic Act Requirements to Vape Shops (Revised); Listing of Ingredients in Tobacco Products (Revised); Premarket Tobacco Product Applications for Electronic Nicotine-Delivery Systems (Revised); The Prohibition of Distributing Free Samples of Tobacco Products (Revised); FDA Deems Certain Tobacco Products Subject to FDA Authority, Sales and Distribution Restrictions, and Health Warning Requirements for Packages and Advertisements (Revised); and Demonstrating the Substantial Equivalence of a New Tobacco Product: Responses to Frequently Asked Questions (Edition 3).
March 18, 2023
U.S. FDA Issues Denial Orders for 2 Vuse Menthol Products
The U.S. Food and Drug Administration issued marketing denial orders (MDOs) for two menthol e-cigarette products currently marketed by R.J. Reynolds Vapor Company under the Vuse Solo brand.
Reynolds is expected to challenge the order.
The currently marketed products include the Vuse Replacement Cartridge Menthol 4.8% G1 and the Vuse Replacement Cartridge Menthol 4.8% G2, according to a statement. The company may resubmit applications or submit new applications to address the deficiencies for the products that are subject to these MDOs.
The FDA evaluates premarket tobacco product applications (PMTAs) based on a public health standard that considers the risks and benefits of the product on the population as a whole.
“After reviewing the company’s PMTAs, the FDA determined that the applications lacked sufficient evidence to demonstrate that permitting the marketing of the products would be appropriate for the protection of the public health, which is the applicable standard legally required by the 2009 Family Smoking Prevention and Tobacco Control Act.
Specifically, the evidence submitted by the applicant did not demonstrate that its menthol-flavored e-cigarettes provide an added benefit for adult smokers relative to tobacco-flavored e-cigarettes.
In October last year, the FDA issued MDOs for several menthol-flavored vaping products marketed by Logic Technology Development. It was the first time the FDA has issued MDOs for menthol products after receiving a scientific review.
A few days after the order was issued, Logic obtained a court order from the U.S. Circuit Court of Appeals for the Third Circuit that temporarily stayed the order.
The case continues.
March 17, 2023
Elfbar Avoids Mandatory Recall Notice for E-Liquid Fiasco

Authorities are satisfied with Elfbar’s response to the controversy over the company’s products that did not meet legal requirements, reports ECigIntelligence, and there was no need for a mandatory recall.
Elfbar worked quickly to recall the product with retailers, and the company has confirmed that it was not subject to any formal recall or withdrawal notice issued by regulators.
The products in question cannot be legally sold, however.
The company was found to be selling e-liquid with volumes more than 50 percent over the UK’s legal limit after an investigation by The Daily Mail.
The Chinese vaping giant admitted “inadvertently” breaking the law and ‘wholeheartedly apologized’ following lab tests of its 600 brand of disposable vape pens.
Recently, another Elfbar brand is being pulled from U.K. store shelves after finding the products surpass the legal limit for e-liquid volumes.
March 17, 2023
Hawaii Lawmakers Propose Tobacco ‘Endgame’ Bill

Credit: Oleksandra Voinova
Generational bans on vaping and other tobacco products are becoming more popular with lawmakers.
A new bill introduced in the Hawaii Senate would make it illegal for anyone born after 2002 to possess, purchase or use tobacco or vaping products.
S.B. 148 would change the state’s tobacco rules to deny anyone born after to Jan. 1, 2003, from purchasing and consuming these products.
The rules would only apply while in Hawaii, meaning out-of-state visitors would need to comply with Hawaii’s laws, though Hawaii residents would not be subject to the laws while visiting other states, reports Halfwheel.
Those caught selling or providing tobacco or vaping products would be subject to the existing fine structure for selling to those under 21: $500 for a first offense, and $500-$2,000 for any offense after that.
In addition, anyone born after 2002 caught violating the law as a consumer would be subject to a $10 fine for the first offense, a $50 fine for a subsequent offense, or the option to do between 48-72 hours of community service.
If passed, the change would take effect on Jan. 1, 2024. S.B. 148 currently has six sponsors.
The concept was introduced in New Zealand in 2021 and was approved by that country’s government late last year. It has also been proposed in Malaysia.
Since then similar proposals have been introduced in California, Hawaii and Nevada, though none have been passed.
In 2015, Hawaii became the first to increase the minimum age to purchase tobacco products to 21 years old, which has since become the federal standard.
In 2019, Hawaiian lawmakers proposed a bill that would slowly increase the age to purchase tobacco products starting with raising the minimum age for buying cigarettes from 21 to 30 in 2020.
By 2022, no one under 50 would have been able to buy cigarettes.
March 16, 2023
Court Rejects Challenge to California’s Flavor Ban

Photo: mehaniq41
A U.S. federal judge has thrown out a tobacco industry lawsuit against California’s statewide ban on the sale of flavored vaping and other tobacco products, reports Law360.
On March 15, Judge Cathy Ann Bencivengo rejected the plaintiffs’ claim that the measure would unfairly discriminate against out-of-state businesses. Bencivengo argued that the contested law applies to sales only; manufacturers are still permitted to manufacture flavored tobacco products in California. Most manufacturers of flavored tobacco products are located outside California.
R.J. Reynolds and other tobacco companies sued California after voters approved the ban in a November referendum, claiming the law violates the federal Tobacco Control Act (TCA), as well as the U.S. Constitution’s commerce clause.
The law was originally passed by the state legislature but didn’t take effect after industry opponents gathered enough signatures to put the issue on the November ballot.
In rejecting the TCA claim, Bencivengo cited a Ninth Circuit ruling in March 2022 that upheld a Los Angeles County ban on flavored tobacco products. The tobacco industry lawsuit also doesn’t meet the standards for arguing a state law discriminates against or unduly burdens interstate commerce, she argued.
The court also rejected the tobacco companies’ claim that out-of-state manufacturers of flavored tobacco products would be forced to change their operations to the tune of “tens of billions of dollars” to comply with the law’s new standards for tobacco products, an undue burden on interstate commerce.
California’s flavor ban doesn’t set new standards for the manufacture or marketing of tobacco products that depart from federal regulations, Bencivengo said. And financial losses for the tobacco industry alone are “not excessive enough for the Court to find that the ban substantially burdens interstate commerce,” she added, citing the law’s aims to protect public health.
The TCA also gives states the authority to “opt out of the market for flavored tobacco products,” Bencivengo said in the ruling, which does not allow the tobacco companies to file an amended complaint.
March 16, 2023