Author: Staff Writer

  • Taiwan Bans Vaping, Heat-not-Burn to be Regulated

    Taiwan Bans Vaping, Heat-not-Burn to be Regulated

    Credit: sharafmaksumov

    Lawmakers in Taiwan passed a ban on vaping products for its third legislative reading Thursday. The measure was necessary to address the increasing popularity of vaping products with the country’s youths, according to officials.

    The sale, manufacture, and supply of e-cigarettes will be outlawed, however, heated tobacco products (HTPs) will only be subjected to tighter regulation, according to an amendment to the Tobacco Hazards Prevention Act, according to media reports.

    Manufacturers or importers of HTPs will have to submit a health risk evaluation report for review before they can receive a permit. The advertising of heating tobacco products will be banned, wrote CNA.

    Other changes involve raising the legal smoking age from 18 to 20, increasing the proportion of tobacco package warning messages from 35 percent to 50 percent, and designating childcare centers as well as schools as no-smoking/no-vaping areas.

    The move is hailed as a partial victory for anti-tobacco groups after years of calls for stricter control of cigarettes and novel tobacco products. The last time the Tobacco Hazards Prevention Act was amended in Taiwan was in 2009.

    Among the contentious parts of the amendment is how flavored tobacco products are to be regulated. Critics say the change is not bold enough as it only prohibits the use of banned additives, but this can present a loophole as the terminology is vague, wrote UDN.

  • New York Governor Calls for Statewide Flavor Ban

    New York Governor Calls for Statewide Flavor Ban

    Credit: New York Governor Kathy Hochul

    Gov. Kathy Hochul delivered her State of the State address and wasted no time in setting her sights on heat-not-burn and other flavored tobacco products, including menthol cigarettes. The state already prohibits the sale of flavored vaping products. 

    New York’s new full-term governor outlined some tobacco policy changes she would like enacted, including both a ban on the sale of all flavored tobacco products and a $1 per pack increase in combustible cigarette taxes from $4.35 to $5.35.

    The Campaign for Tobacco-Free Kids, one of the most prominent anti-tobacco groups in the world, which is supported by former New York City Mayor, Michael Bloomberg, praised Hochul’s plans. Any changes to New York tobacco laws would first need to be passed by the state’s legislature.

    “These actions are projected to reduce the number of young people smoking cigarettes by 9 percent, prevent 22,000 youths from becoming adult smokers and prevent premature deaths caused by smoking,” Hochul’s office wrote in the State of the State booklet.

    California and Massachusetts are the only states with bans on the sale of flavored tobacco products,

  • Juul’s Market Share Still Falling, Vuse Continues Growth

    Juul’s Market Share Still Falling, Vuse Continues Growth

    Credit: Golib Tolibov

    The top-selling Vuse electronic cigarette of R.J. Reynolds Vapor Co. continued to expand the market-share gap with Juul in both monthly and yearly comparisons.

    Vuse’s market share rose from 40.7 percent in the previous report to 41.1 percent, compared with Juul declining from 27 percent to 26.7 percent. For 2022 overall, Vuse’s market share was 35.7 percent, compared with 30.1 percent for Juul.

    No. 3 NJoy slipped from 2.8 percent to 2.7 percent, while Fontem Ventures’ blu eCigs was unchanged at 1.4 percent.

    Juul’s four-week dollar sales in the latest report have dropped from a 50.2 percent increase in the Aug. 10, 2019, report to a 23.7 percent decline in the latest report, according to media reports.

    By comparison, Reynolds’ Vuse was up 32.7 percent in the latest report, while NJoy was up 0.1 percent, blu eCigs down 33.4 percent and Japan Tobacco’s Logic down 15.1 percent.

    As recently as May 2019, Juul held a 74.6 percent U.S. e-cig market share.

    On Sept. 30, Altria Group Inc. cleared the way to re-enter the e-cigarette marketplace after choosing to permanently end its non-compete agreement with Juul Labs.

  • Two Tobacco Firms Allowed to Sue for EU Flavor Ban

    Two Tobacco Firms Allowed to Sue for EU Flavor Ban

    The Four Courts Building on the river Liffey in Dublin, Ireland (Credit: Nigel)

    Two manufacturers of next-generation tobacco products have been granted permission by Ireland’s High Court to bring a challenge over a new EU directive banning flavored heated tobacco products.

    Ireland is set to transpose the new EU law by next July. But the country’s oldest tobacco manufacturer, PJ Carroll and Co., along with BAT-owned next-generation nicotine firm, Nicoventures Trading, claim the EU directive is invalid. Their challenge is against the Minister for Health, Ireland and the Attorney General.

    Under previous regulations, flavored heated tobacco products were not banned, but this was changed by the EU Commission which wants member states to transpose the ban by July 23rd, according to Breaking News Ireland.

    In 2021, PJ Carroll, which currently holds 10 percent of the Irish market for e-cigarettes, says it began taking steps to commercialize heated tobacco products in Ireland, including flavored ones.

    However, the company says, the banning of these products by the EU severely undermined its “ability to capitalize fully on the unique opportunity of being the first company to launch heated tobacco products on the Irish market for adult smokers who would otherwise continue to smoke.”

  • Philippine Vape Sellers Must Register at Tax Bureau

    Philippine Vape Sellers Must Register at Tax Bureau

    Credit: Carsten Reisinger

    The Philippine Bureau of Internal Revenue (BIR) has requested that vape merchants register their businesses to avoid serious consequences in the future, reports the Manila Bulletin.

    Criminal tax evasion charges will be filed against merchants that do not comply with revenue regulations, according to BIR Commissioner Romeo D. Lumagui Jr. Tax evasion charges were previously brought against five major importers and distributors of vapor products, totaling over PHP1 billion ($18.2 million).

    Under the law, first-time offenders face a fine of PHP2 million and up to two years in jail. Second-time offenders face a fine of PHP4 million and up to four years in jail. Third-time offenders face a fine of PHP5 million and up to six years in jail. Foreign nationals caught breaking the law would face immediate deportation after serving the appropriate jail term.

    In October, The Philippines Department of Trade and Industry (DTI) began consulting the public for the crafting of the implementing rules and regulations (IRR) of the country’s new vape laws.

  • Hong Kong Bans all CBD Products Beginning Feb. 1

    Hong Kong Bans all CBD Products Beginning Feb. 1

    Credit: Proxima Studio

    Hong Kong announced that it will ban all products containing cannabidiol (CBD) beginning on Feb. 1. CBD will be added to the Dangerous Drugs Ordinance (DDO) and will join over 200 substances already listed in the ordinance (including fentanyl, ketamine, heroin, and many psychoactive compounds, eg lysergamides).

    CBD will be added with the already covered “cannabinol and its tetrahydro derivatives (THC); and their 3-alkyl homologues.” Following this change, anyone who possesses or consumes CBD faces up to seven years in jail and fines of up to HK$1 million ($128,000). Manufacturers of CBD may also face life imprisonment, according to Lexology.

    While many users around the world have been promoting the anxiolytic and pain-relieving properties of CBD, Hong Kong’s Security Bureau has taken the view that such claims “lack authoritative scientific proof”. This directive appears to be in line with the ban imposed in China last year for the use of CBD in cosmetic products.

    From the Government reports it remains unclear as to whether other cannabinoids (e.g., CBG, CBDV, CBC, etc.) will be included in the ban. However, from the Narcotics Division memorandum in November, the main concern of the Government appears to be with CBD products that may contain some THC, either “through decomposition or conversion”, and the lack of international regulations for such products.

    “It does appear that with better international regulation and scientific data it is conceivable that the policy around CBD may change again in the future,” the authors write. “Therefore, given that there are no restrictions in Hong Kong for pursuing patent protection for CBD and related technologies, it remains prudent to maintain patents and pending applications in Hong Kong for CBD-related innovations should the position in Hong Kong change, as we have seen in other countries in the region, such as South Korea, Malaysia and Thailand.”

  • PMI Takes Top Spot in 2022 Vape Patent Applications

    PMI Takes Top Spot in 2022 Vape Patent Applications

    Credit: Olivier le Moal

    Tobacco-related products, especially vaping and heat-not-burn, were among the 10 fastest growing technologies in 2022 when measured by the number of U.S. patents issued, according to IFI Claims Patent Services.

    Philip Morris International, which is in the process of replacing its combustible cigarette business with less harmful smoking alternatives, was the most prolific claimant in the vaping/tobacco business, filing 1,364 cigarette patent applications in 2022.

    South Korean electronics titan Samsung took the top spot from longtime leader IBM. Following Samsung and IBM, the top 10 patent earners were Taiwan Semiconductor, Huawei Technologies, Canon, LG Electronics, Qualcomm, Intel, Apple and Toyota Motor.

    Technology related to autonomous vehicles ascended to the No. 1 spot among IFI’s Fastest Growing Technologies list last year. While “Computing Based on Biological Models” dropped to No. 4 from its perch at No. 1 last year, artificial intelligence research has pervaded multiple patent categories, including earth drilling, quantum computers and machine learning.

    Rounding out the top fastest growing technologies were “Electrical Digital Data Processing,” with a compound annual growth rate CAGR) of 33.9 percent; “Special Features Related to Earth Drilling Including AI and Simulation Models” (CAGR 32.5 percent); “Computing Based on Biological Models” (CAGR 32.1 percent); and “Electrically Operated Smoking Devices” (CAGR 31.3 percent).

    “Cigars, Cigarettes” registered a CAGR of 28.3 percent.

  • Vietnam Health Officials Again Call for Ban on Vaping

    Vietnam Health Officials Again Call for Ban on Vaping

    Credit: Miro Novak

    Vietnam’s Ministry of Health has again called for a ban on all new tobacco products following the publication of a study suggesting that youth vaping has led to more hospitalizations for psychosis, hallucinations or respiratory failure, reports VietnamPlus.

    A recent study found that the e-cigarette smoking rate among students increased to 3.5 percent in 2021 from 2.6 percent in 2019, according to Nguyen Thi Thu Huong, an official from the Vietnam Tobacco Control Fund at the Ministry of Health.

    “E-cigarette devices that look like USB drives, pen or pen boxes are making it tough for parents to detect and keep their kids from vaping,” said Nguyen Huu Hoang, a lecturer from the Medical Education Center at Ho Chi Minh City’s University of Medicine and Pharmacy. “They also make young people curious and excited by their eye-catching, fashionable and modern designs.”

    In November, Vietnam’s health ministry proposed a ban on next-generation tobacco products (NGPs), reports VN Express International. The country’s current law on tobacco harm prevention lacks provisions for e-cigarettes and heated tobacco products.

  • U.S. FDA Says Misinformation ‘Leading Cause of Death’

    U.S. FDA Says Misinformation ‘Leading Cause of Death’

    The role of misinformation in the vaping industry was not mentioned when past and present commissioners of the U.S. Food and Drug Administration came together recently to discuss the role misinformation plays in public health.

    The group say the agency needs partners in combatting public health misinformation, and industry, clinicians, patient advocates and academic leaders all have a role to play.

    “Realistically, FDA needs help,” Mark McClellan, who served as FDA Commissioner from 2002-2004, said at the 2023 Innovations in Regulatory Science Summit sponsored by the UCSF-Stanford Center of Excellence in Regulatory Science and Innovation (CERSI).

    On the FDA’s own website there are youth vaping prevention posters available to be used by various groups including doctors, schools, and state and local public health agencies. These claim, amongst other dangers, that “[n]icotine can rewire a teen’s brain to crave more nicotine and can create addiction,” despite there being no scientific basis for this claim.

    While there is currently a lack of trust in officials from public health agencies, individuals still have trust in their own physicians, community leaders, and others who are “close to their experience,” McClellan said during a panel discussion among past and present FDA commissioners about how to counter the problem of misinformation and restore trust in the agency.

    However, a 2021 study in the International Journal of Environmental Research and Public Health found that more than 75 percent of U.S. physicians believe that nicotine directly contributes to cancer and cardiovascular disease.

    On the FDA’s website, the agency states, “while nicotine has a number of toxic effects on the body, it is not the primary cause of cancer and other chronic smoking-related diseases. More than 7,000 chemicals are present in cigarette smoke, including more than 70 that can cause cancer.”

    Janet Woodcock, the agency’s Principal Deputy Commissioner who served as Acting Commissioner from 2021-2022, said patient advocates are trusted and often aligned with FDA’s mission but that their reach is often limited to the disease areas where they are focused, leaving prevention and treatment of common diseases as areas where misinformation can proliferate, according to an article from Regulatory Focus.

    “I actually believe that misinformation is the leading cause of death right now in the U.S. because whether we’re looking at COVID or chronic disease, people are making bad choices driven by the information that they get,” said current FDA Commissioner Robert Califf, who also served in the role from 2016-2017. “We were just not prepared for what broad access to the Internet would do to communication channels.”

    Califf called out the academic community for not doing more on the misinformation front and said some of their criticism of FDA and other public health agencies is having unintended consequences.

    “As a public agency, we need to be critiqued, but I think often the people that are doing the critiquing assume that the agency’s going to be there in the future in the way that they expect it to be there,” Califf said. “So, they’re critiquing it to make it better. But to a lot of unsuspecting people that hear it, it just completely erodes their belief in the institution.”

    In an FDA-funded study last year, researchers found that the use of electronic cigarettes costs the United States $15 billion annually in healthcare expenditures—more than $2,000 per person a year. The study, published on May 23 in Tobacco Control, was the first to look at the healthcare costs of e-cigarette use among adults aged 18 and older, according to researchers at the University of California San Francisco School of Nursing.

    The study was found to be rife with misinformation after it claimed that healthcare expenditures for a person who uses e-cigarettes are $2,024 more per year than for a person who doesn’t use any tobacco products. Chuck Dinerstein, director of medicine at the American Council on Science and Health (ACSH), who has over 25 years of experience as a vascular surgeon, said that in order to get their data, researchers developed a model using the National Health Interview Survey (NHIS), a household survey of the general population in the U.S. that includes detailed questions on health and use of tobacco products.

    “The researchers point to a study using NHIS data that per smoker—meaning combustible—attributable healthcare expenditures are $5,602,” explained Dinerstein. “The finding of this study, for both those exclusively using e-cigarettes and the dual users, is roughly a third as much. E-cigarettes reduce healthcare utilization and costs.”

    Scott Gottlieb, who served as FDA Commissioner from 2017 to 2019, said rapid response to online misinformation is critical and floated the idea of giving industry more leeway to counter false or misleading information about products. It is currently illegal for any vaping product manufacturer to make health claims concerning e-cigarettes, including saying they are safer than combustible cigarettes.

    While commissioner, Gottlieb championed e-cigarettes as a way to help adults stop smoking. 

    “We’ve seen FDA weigh in, admirably, around some dangerous disinformation on specific products,” he said. “But that can’t be the business of the FDA.”

    Margaret Hamburg, who served as FDA Commissioner from 2009-2015, said that while some of the larger issues around misinformation are difficult to solve, FDA can take concrete steps to restore public confidence in its role. That boils down to showing why FDA matters, how the agency does its work and opening up some of the processes that have historically not been transparent, she said.

    “Despite so much that is going on that is hard for FDA to control, the work of the agency and its trustworthiness can be demonstrated,” Hamburg said.

    That transparency is especially important in areas where there is the most controversy, McClellan said.

  • Google to Allow Limited CBD Advertising in 3 Markets

    Google to Allow Limited CBD Advertising in 3 Markets

    Credit: NMann77

    In a sudden change of policy, Google will allow the advertising of hemp and topical CBD products in California, Colorado and Puerto Rico under an update to its policies on “Dangerous Products and Services and Healthcare and Medicines.”

    Google did not make clear why it is restricting the advertising to the three distinct markets, according to Hemp Today.

    Advertising for CBD for internal human consumption remains off limits, the company said, including those for “supplements, food additives, and inhalants.” Also, masthead advertising on YouTube (owned by Google), which appears at the top of the page in the main feed across all devices, is not available to hemp and CBD products, under the policy revisions.

    Google also said pharmaceuticals approved by under the Food and Drug Administration (FDA) may now also be advertised in those jurisdictions. That part of the rule change will benefit only one producer, Jazz Pharmaceuticals, whose high-CBD Epidiolex is the lone such product approved by the agency to date. Epidiolex is prescribed for severe seizure disorders in children. It was approved by the FDA in 2020.

    The changes take effect Jan. 20. Advertisers can request certification with Google starting on that date, when an application form will be published.

    Google said it has contracted with LegitScript, a Portland, Oregon-based internet and payments compliance company that provides certification in high-risk industries, as a clearinghouse to determine products’ advertising eligibility. Only products that pass muster with LegitScript can be promoted on Google platforms.

    Those seeking certification to advertise on Google must provide samples of their products or THC testing and provide LegitScript with third-party certificates of analysis, according to Google.