Author: Staff Writer

RJ Reynolds Wants Enforcement of Disposables
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RAI Services Company submitted a citizen petition asking the U.S. Food and Drug Administration to adopt a new enforcement policy directed at “illegally marketed disposable electronic nicotine delivery system” (ENDS) products.
The petition was filed on Feb. 6 and posted by the FDA to Regulations.gov for public comment on Feb. 8.
RAI Services and R.J. Reynolds Vapor Company, the maker of Vuse e-cigarettes, are owned by BAT. Vuse is the most popular brand in the c-store segment, according to Neilsen data.
“As the Agency well knows, use of ENDS products in the United States has shifted to disposable products. And a new enforcement policy, one that is specifically directed at these disposables that are on the market illegally, is needed to better protect public health,” the petition states.
Reynolds requested that the FDA prioritize enforcement for:

Any flavored disposable ENDS (except for tobacco- or menthol-flavored products);

Any disposable ENDS containing nicotine derived from any source other than tobacco that lacks premarket authorization;

Any disposable ENDS containing nicotine derived from tobacco that was not on the market as of August 8, 2016, or for which the manufacturer either failed to submit an application by September 9, 2020, or submitted a PMTA to FDA by that deadline, but received a negative action that is not being challenged in court;

Any disposable ENDS for which the manufacturer has failed to take (or is failing to take) adequate measures to prevent minors’ access; and

Any disposable ENDS targeted to, or whose marketing is likely to promote use by, minors.
Reynolds does not sell disposable vapes or vaping products in flavors other than tobacco or menthol. The U.S. Court of Appeals for the Fifth Circuit granted an administrative stay of an FDA marketing denial order (MDO) for two R.J. Reynolds Vapor Co. menthol flavored refill pods.
“Such a policy,” writes Reynolds regarding its desired enforcement priorities, “will close an existing loophole in FDA’s current tobacco enforcement efforts, especially when it comes to youth.”
February 13, 2023
New Mexico Lawmakers Want Total Ban on Vaping

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Elected officials in New Mexico are hoping a new batch of bills that aim to make it harder to buy and use vaping and other tobacco products lay the groundwork for a statewide ban.
State Sen. Martin Hickey, told KOB4 news that he knows there’s not much lawmakers can do to keep lifelong smokers away from cigarettes – but he believes they have a duty to protect younger generations from the threat of addiction.
Hickey is also a physician, and he believes the state is losing the battle against teen vaping.
“The trends are, they’re going up, we were waiting to get another survey and I bet we’re probably moving close to 50 percent of high school students,” he said.
Hickey also said those trends are skewing younger.
“Apparently nine out of 10 middle school students have tried vaping,” he said.
Hickey offered no evidence to support his claims.
Since 2019, according to the U.S. Centers for Disease Control and Prevention, the number of high school students who have tried vaping (1 time in the last 30 days) has dropped by 50 percent, and the number of middle school students has plummeted by 70 percent. During that same time period, the number of high-school students who “frequently” vape dropped by 37 percent and the number of middle school students dropped by 65 percent.
A recent CDC report titled “E-cigarette Use Among Middle and High School Students — United States, 2022” found that 9.4 percent of middle and high schoolers surveyed reported currently vaping. In 2019 this figure was at 20 percent, and in 2020, 13.1 percent.
Looking at just middle school students, the CDC reports that 3.3 percent use vaping products.
Hickey admits there are likely too many barriers to enact a statewide vaping ban, but that’s why he and other state lawmakers are putting forth a menu of bills working to chip away at the problem.
Some of the ideas include raising tobacco taxes, banning flavored products, and allowing local governments to enact tougher restrictions against smoking. There are also proposals to prohibit smoking in racinos (a combined race track and casino) and fund prevention programs.
“Whatever doesn’t make it, we’re coming back, because this is so critical and fundamental to youth health,” Hickey said. “I mean, it’s, again, think of it as a chain reaction, it starts here with vaping.”
February 13, 2023
New York City Cracks Down on Illegal Cannabis Shops

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The illicit marijuana market in New York City is thriving. In a renewed push to snuff out the city’s growing illegal cannabis market, Mayor Eric Adams and Manhattan’s top prosecutor announced last week that they would go after landlords who allow hundreds of illicit shops to operate.
During a news conference with the mayor, Manhattan District Attorney Alvin Bragg said his office has sent notices to more than 400 smoke shops that illegally sell cannabis, warning them of potential eviction proceedings. If shop owners do not cease operation, his office would seek to force property owners to evict the shops, reports the Associated Press.
It was the latest effort by authorities to force the closure of illegal dispensaries that could undermine the state’s nascent legal cannabis market, which began rolling out in recent months and is expected to quickly grow as more state-sanctioned shops open.
When the state legalized recreational marijuana two years ago, “many people took it that you can just open up a location any way you want,” Adams said.
Unauthorized pot shops have cropped up in droves, operating out in the open — and offering cheaper prices than the legal stores, where the products are highly taxed. The number of illegal shops across New York’s five boroughs could exceed 1,200, according to some estimates.
February 13, 2023
Key West, Florida Bans Vaping at Beaches, Parks
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Officials in Key West, Florida banned smoking and vaping at Key West’s parks and beaches when they met on Feb. 7. But, not entirely.
Cigar smoking is still allowed. The state won’t let local governments restrict it. The city commission also can’t restrict the use of prescription medications, which for millions of Americans now includes marijuana, according to Keys Weekly.
So, while the goal is eliminating cigarette butts from beaches and parks, it’ll be interesting to see how enforcement of the new ban goes.
Any person who violates the rule commits a noncriminal violation, punishable by a fine of not more than $100 for the first violation and not more than $500 for each subsequent violation.
February 12, 2023
Philippines Leaders Urged to Ban Vaping ‘Eventually’

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The government in the Philippines is being urged to raise the minimum age of people allowed to use vaping products to 25, ban flavored products, online sales, and “eventually” e-cigarettes entirely.
Southeast Asia Tobacco Control Alliance Executive Director Ulysses Dorotheo said also wants the introduction of “standardized packaging” on vaping products – removing colors, scents, and indications of flavors in a proposal issued to lawmakers during a Senate committee hearing on sustainable development goals, innovation, and future thinking on Friday.
“To raise the minimum age to 25 which is the cut-off for adolescent brain development so as to reduce the risk of nicotine addiction,” he said, reports the Inquirer.
Individuals as young as 18 years old may legally smoke vaping products in the Philippines.
The country’s Food and Drug Administration backed the suggestion of Dorotheo.
Restricting the sales of vaping products online is likewise pushed by Dorothero, noting it “is where our youth spend much of their time.”
Further, Dorotheo sought to increase the excise taxes on vaping products, pointing out that a lower tax rate is levied on such items compared to tobacco products.
Dorotheo eventually emphasized that the “long-term ideal outcome” is to ban vaping products.
The Philippine Tobacco Industry (PTI) recently called on the Philippines’ Bureau of Internal Revenue (BIR) to crack down on illicit vapor products.
February 11, 2023
Kansas State Senators File Medical Marijuana Bill

A new push to legalize medical marijuana in Kansas is picking up some steam. The bill, if passed, would also make vaping cannabis illegal.
According to Marijuana Moment, state senators filed a new measure – SB 135 – that seeks to provide legal access to medical cannabis for people with debilitating conditions.
Backed by the Senate Federal and State Affairs Committee, the new legislation would regulate the cultivation, processing, distribution, sale and use of medical cannabis.
“The patients of Kansas have been eagerly anticipating the opportunity for a program and to join the 37 other states that have adopted comprehensive medical cannabis programs,” Kevin Caldwell, a legislative manager at the Marijuana Policy Project told Marijuana Moment’s Kyle Jaeger. “Patients have been forced for too long to have to go to the illicit market for products that have not been tested for contaminants as well as face legal repercussions for possessing medicine that can greatly improve the quality of their lives.”
The licensing process would be overseen by a Division of Alcohol and Cannabis Control, while a Medical Cannabis Advisory Committee would supervise the implementation of the marijuana program.
Taxed at 10 percent, medical marijuana products would have to contain less than 35 percent THC for flower, while tinctures, oils and concentrates could not exceed 60 percent THC.
February 11, 2023
Connecticut AG Sues 5 Companies for Delta-8 Sales

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The Attorney General in Connecticut is suing five retailers for some of the most “egregious violations” related to the illegal sale of delta-8 products.
Attorney General William Tong filed the suits for alleged violations of the Connecticut Unfair Trade Practices Act over the sale of illegal delta-8 THC products mimicking popular youth-oriented snacks and candies.
Tong is additionally in the process of sending warning letters to all Connecticut-licensed retailers of electronic vaping products, according to a statement from Tong’s office.

The letters advise that sale of delta-8 THC by unlicensed retailers may be illegal in Connecticut. Products that exceed .3 percent THC on a dry weight are considered cannabis products and may only be sold in the regulated market.
Cannabis products sold outside of the regulated market continue to be illegal and may subject sellers to civil and criminal penalties.

“If you offer delta-8 THC products for sale in your establishment that exceed .3 percent THC on a dry weight basis and you do not hold such a license, you are in violation of Connecticut law,” Tong states. “For your information, we have included below photographs of products that were recently purchased from retailers in Connecticut that purport to contain delta-8 THC.
“The sale of such products may expose you to criminal and civil liability. Please remove any such products from your shelves and dispose of them immediately.”
Cannabis products in Connecticut cannot be sold by unlicensed retailers and must meet rigorous testing and packaging requirements.
Tong also recently submitted testimony concerning House Bill 6488 stating that he fully supports the state’s proposed ban on flavored vaping and other tobacco products.

February 10, 2023
Vape Battery Air ‘Incidents’ Have Tripled Since 2019

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The number of e-cigarette battery air incidents has tripled since 2019, reports The Wall Street Journal, citing a U.S. Federal Aviation Administration (FAA) database.
Vapes and e-cigarettes were the leading cause for lithium-battery incidents on aircraft in 2022, ahead of those caused by battery packs and laptops. Of the 55 incidents reported through September of last year, vapes and e-cigarettes accounted for 19, which was 35 percent of all incidents in 2022 and triple the incidents reported in all of 2019, the FAA says.
According to the agency, the batteries in these devices can catch fire if damaged or if the battery terminals are short-circuited.
Vapes aren’t allowed in checked luggage, and must be brought in carry-on luggage because of cargo-area fire risks.
The federal government banned smoking on most U.S. flights in 1990. In 2016, the U.S. finalized its ban on e-cigarettes on all domestic commercial flights, as well as on international flights to and from the country.
Passengers should refrain from charging e-cigarettes on a plane and store their device carefully to prevent them from accidentally turning on, according to the FAA. They should transport their vapes in a protective case or remove the battery and place each battery in its own case or plastic bag to prevent a short circuit, the agency says.
Passengers who violate federal vaping laws risk fines up to $1,771.
February 10, 2023
Hawaii Considers 1600% Tax Increase on Vaping

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Lawmakers in Hawaii want to tax electronic nicotine delivery systems and e-liquid products at a rate of 70 percent.
Right now, e-cigarettes only have the general excise tax (GET) of between 4.1 percent and 4.7 percent attached to them. Combustible cigarettes sold in Hawaii carry other taxes.
Rep. Scot Matayoshi and other lawmakers claim that the 70 percent tax proposed under House Bill 537 will bring vaping into tax parity with cigarettes and other nicotine products that already carry taxes in addition to the GET.
As of 2022, 696 vaping product retailers are registered in Hawaii.
Scott Rasak, a representative of Volcano eCigs, described the 70 percent tax as an industry killer, according to Civil Beat.
“Some of the bills they’re putting forward are ending people’s businesses and livelihoods that they spent the last decade building,” he said in an interview.
Rasak said that he wishes the Legislature would work more with the vaping industry to understand how it can make a positive impact on the community, instead of “targeting retailers that are responsible in selling the products under legal provisions.”
Last year, having survived a rollercoaster legislative session that saw the bill near death on multiple occasions, Hawaii’s ban on flavored e-cigarettes was signed by its governor.
February 9, 2023
BAT’s Next-Gen Tobacco Products Profits Growing

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British American Tobacco says that it expects its next-generation tobacco products division to be profitable earlier than previously anticipated, but its share price was down as diluted earnings per share declined.
Total revenue for BAT is set to come to £27.7 billion for 2022, up 7.7 percent from 2021.
Its “new categories” arm – made up of vaping products, heated tobacco products and nicotine pouches contributed £2.9 billion of 2022 revenues, which was up by 40.9 percent, reports the Evening Standard.
CEO Jack Bowles said the division was now expected to turn a profit in 2024, one year earlier than previously thought.
“Our new category business delivered strong volume, revenue and market share growth and has become a significant contributor to the group’s financial delivery,” he said. “In 2022, we invested more than £2 billion in new categories to drive long-term sustainable growth, while making excellent progress in reducing operating losses by 62 percent.”
Adjusted operating profit for BAT as a whole was in line with expectations at £12.4 billion.
However, BAT shares are down 4.5 percent so far today.
The top-selling Vuse electronic cigarette of BAT subsidiary R.J. Reynolds Vapor Co. continued to expand the market-share gap with Juul in both monthly and yearly comparisons.
BAT, the owner of the Irish business PJ Carroll, is also seeking to bring a judicial review against a decision by the European Union to ban flavored heated tobacco products.
February 9, 2023