Author: Staff Writer

Third Time a Charm for Vape Ban in Nashville Bars

Credit: Adriano CZ
It still has another step. However, Nashville, Tennessee’s, Metro Council passed a law to prohibit smoking and vaping products in Nashville bars and venues on its third reading Tuesday night.
The rule overwhelming passed with 30 votes in approval and four against. One council member abstained from the vote, according to media reports. There will be one more vote to approve passage of the ordinance, however, the large amount of support for the ordinance almost guarantees it will become law.
The law, BL2022-1383, was deferred at Metro Council’s meeting on Sept. 20 due to a late-filed amendment that would protect vapor bars that generate direct revenue from the on-site sale of vapor products and accessories related to this use.
The law was then amended and passed on second reading as amended at Metro Council’s meeting on Oct. 4. Tennessee law previously allowed smoking in 21 and up bars at the owner’s discretion. If the rule passes, it wouldn’t go into effect until March of 2023 to give businesses time to adjust.
The council said they are not permitted to prohibit smoking or vaping at establishments that are specifically cigar bars, tobacco retail stores and vape retail stores due to state law. A law passed by the Tennessee General Assembly last year gives local governments the authority to prohibit the use of tobacco products on public property by ordinance.
October 19, 2022
DOJ Files Injunctions Against 6 Vapor Manufacturers
The U.S. Department of Justice (DOJ) today filed complaints for permanent injunctions in federal district courts against six e-cigarette manufacturers on behalf of the U.S. Food and Drug Administration. The cases represent the first time the FDA has initiated injunction proceedings to enforce the Federal Food, Drug, and Cosmetic (FD&C) Act’s premarket review requirements for new tobacco products.
The FDA states that each of the defendants failed to submit premarket tobacco product applications (PMTAs) for their e-cigarettes and have continued to illegally manufacture, sell, and distribute their products, despite previous warning from the FDA that they were in violation of the law.
The injunctions would require the companies and named individuals to stop manufacturing, selling, and distributing their e-cigarettes. “Today’s enforcement actions represent a significant step for the FDA in preventing tobacco product manufacturers from violating the law,” said Brian King, director of the FDA’s Center for Tobacco Products. “We will not stand by as manufacturers repeatedly break the law, especially after being afforded multiple opportunities to comply.”
DOJ institutes judicial enforcement actions under the FD&C Act in court, according to a press release. Therefore, the injunctions were filed by DOJ on behalf of the FDA against the following defendants in their respective U.S. District Courts:

Morin Enterprises Inc. doing business as E-Cig Crib in the District of Minnesota

Soul Vapor LLC in the Southern District of West Virginia

Super Vape’z LLC in the Western District of Washington

Vapor Craft LLC in the Middle District of Georgia

Lucky’s Convenience & Tobacco LLC d/b/a Lucky’s Vape & Smoke Shop in the District of Kansas

Seditious Vapours LLC d/b/a Butt Out in the District of Arizona
The FDA states that the defendants continued to manufacture, sell, and distribute unauthorized e-cigarettes to consumers after receiving warning letters from the agency. The FDA’s prior warnings noted that further violations could lead to enforcement action, including injunction.
“These cases are an important step in stopping the illegal sale of unauthorized electronic nicotine delivery system products,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Department of Justice will continue to work closely with FDA to stop the distribution of illegal, unauthorized tobacco products.”
When companies are manufacturing and distributing unauthorized tobacco products, the FDA will typically first issue a warning letter in an attempt to achieve voluntary compliance with the law. If continuing violations are documented by the FDA, the agency may request that DOJ pursue a judicial enforcement action, such as an injunction or seizure.
The FDA also has administrative civil money penalty authority for violations of the FD&C Act relating to tobacco products.
October 18, 2022
Charlotte’s Web Signs First CBD Deal With MLB

Credit: Charlotte’s Web
The first company to score a CBD sponsorship with Major League Baseball is Charlotte’s Web Holdings Inc. as distribution deals with Gopuff and Southern Glazers widen its playing field.
Charlotte’s Web becomes the first CBD company that will be allowed to use the moniker “Official CBD of MLB.” The sports organization said in June said it would allow teams to enter sponsorships with CBD marketers.
Describing its relationship with MLB as a “multiyear, strategic partnership,” Charlotte’s Web will issue 6,119,121 shares of its common stock to the sports organization—worth an estimated $4.4 million, according to media reports.
In addition, the deal requires the company to make payments to MLB through Dec. 31, 2025.
According to a Securities and Exchange Commission filing, Charlotte’s Web will pay an “aggregate rights fee of $30.5 million and a 10 percent royalty on the company’s gross revenue from MLB-branded products of the company sold after prior sales of all such branded products exceed $18.0 million.”
Bottles of Charlotte’s Web’s new Sport Daily Edge line of CBD-infused gummies, oral sprays and topicals will carry MLB’s silhouetted batter logo.
“Charlotte’s Web will have a premiere brand presence at MLB’s Jewel Events, including All-Star Week, Postseason and the World Series” through marketing, media and ballpark activations that connect to the league’s fan base of over 180 million Americans,” the company said in a news release.
Also this month, Charlotte’s Web signed a distribution deal with liquor distributor Southern Glazer’s Wine & Spirits, which operates in 44 U.S. states, Washington D.C. and Canada.
That followed a national partnership with food and beverage delivery platform Gopuff, which also carries CBD-infused products from Medterra, Mad Tasty, Daytrip and Recess.
According to research from Brightfield Group, Charlotte’s Web was the leading U.S. CBD company in the second quarter in terms of dollar share, followed by Your CBD Store, Medterra, CBD American Shaman and cbdMD.
October 18, 2022
Hong Kong: Vape Dollars Make Sense for Ban Reversal
It was all about public health, now it seems to be about the money. Hong Kong may reverse its ban on the re-export of e-cigarettes and heated tobacco products, reports the South China Morning Post, citing unnamed sources.
Credit: Timothy S. Donahue
In April, the city prohibited the sale, manufacture and trade in alternative smoking products.
Authorities are now reportedly considering amending law, with eye on the billions of dollars that trade generates annually.
Hong Kong is close to Shenzhen, the world’s largest manufacturing hub for vapor devices.
October 18, 2022
Korean Health Ministry Sued Over Misinformation

Photo: niyazz
The Korea Electronic Cigarette Association (KECA) has sued the Ministry of Health and Welfare (MOHW) and the Korea Disease Control and Prevention Agency (KDCA), demanding the government correct misinformation about e-cigarettes, reports the Korea Biomedical Review.
The KECA’s lawsuit alleges that the government caused financial damage to e-cigarette-related small business owners by releasing incorrect information via an Oct. 23, 2019, press release recommending Koreans stop using liquid e-cigarettes.
The MOHW’s recommendation was issued following an outbreak of lung injuries in the United States that was initially attributed to nicotine vapes but was later determined to be associated with illicit THC products.
“According to the U.S. [Food and Drug Administration’s] notice banning the sale of liquid-type e-cigarettes, which was the basis of the MOHW’s decision that advised smokers to stop using e-cigarettes, tetrahydrocannabinol, a hemp-derived substance, was the main problem,” the KECA said.
In 2019, the U.S. Centers for Disease Control and Prevention stated that there were 530 confirmed severe lung diseases and eight deaths in the U.S. related to the use of liquid-type e-cigarettes.
“However, at the time of the announcement of the MOHW’s recommendation, there was only one suspected case of lung damage in Korea, and even the suspected case came from a person who smoked tobacco,” the KECA said.
According to a paper published in the Journal of Korean Medical Science in December 2021, there were no cases of severe pneumonia or lung damage among liquid e-cigarette users, according to the KECA. The group stated that the MOHW’s failure to withdraw its recommendation to stop use of liquid e-cigarettes shows a neglect of its duties.
A MOHW spokesperson said it will investigate the complaint and respond to the lawsuit in conjunction with other agencies, such as the KDCA and the Ministry of Food and Drug Safety.
October 17, 2022
AVM Asks for Ethics Investigation Into Dick Durbin

Dick Durbin and Center for Tobacco Products Director Brian King (Photo: The office of Senator Dick Durbin)
The American Vapor Manufacturers Association (AVM) has requested that the Senate Ethics Committee investigate Illinois Senator Dick Durbin for allegedly violating Senate rules by attempting to improperly influence U.S. Food and Drug Administration scientific decisions about vaping products, according to Vaping360.
On Oct. 14, the AVM delivered a letter to the chair and vice chair of the Senate Select Committee on Ethics that alleged Durbin pressured the FDA to ban all vaping products despite the agency’s premarket tobacco product application (PMTA) review process.
Citing Durbin’s track record (urging the FDA to ban vapor products via letters, Senate floor speeches, press releases and private meetings) the AVM says it believes Durbin attempted “to interfere with and influence the outcome of an ongoing executive branch agency review process in violation of Senate Ethics rules.”

“Senator Durbin’s arrogant bullying has now become a grave threat to public health.”
Amanda Wheeler, president, AVM
“Senator Durbin’s arrogant bullying has now become a grave threat to public health,” AVM President Amanda Wheeler said in a press release. “At a time when trust in public health authorities is already shaky, Durbin’s shameful campaign to hijack federal policy on this crucial health issue should come to an immediate end.”
The letter to the Senate committee marks the second time this year that the AVM has asked a government body to investigate corruption of the FDA PMTA review process.
According to Vaping360, the ethics committee is unlikely to seriously investigate Durbin or cite him for misconduct; Durbin is Senate Majority Whip, making him the second-highest ranking Democrat in the Democratic-led body.
October 17, 2022
RLX Technology Releases its Annual ESG Report

RLX Technology has released its annual corporate social responsibility report Envisaging a Better Future, highlighting its efforts in market responsibility, research and development investment, environment protection, employees career and corporate governance.
According to the report, RLX has strengthened its commitment to product quality and vaping science. Since its inception, RLX has invested RMB800 million ($111.1 million) in research and development. RLX operates eight laboratories and has developed a research chain covering product quality, physiochemical research, toxicology research, long-term impact assessment and clinical research.
In March 2021, RLX launched the first e-cigarette clinical research project in China. In February 2022, RLX started the first clinical study on the safety of e-cigarettes in China. The results of various research projects were published in prominent academic journals such as Ecotoxicology and Environmental Safety and the Chinese Journal of Drug Abuse Prevention and Treatment.
By June 2022, RLX had applied for over 610 patents covering vaping device design, e-liquid formula, electric control, smart device and released content.
Environment protection is another highlight in RLX’s CSR report. In September 2021, RLX started the Pods Reborn recycling program with China Siyuan Foundation for Poverty Alleviation. By June 2022, the program had been carried out in 188 Chinese cities. More than 16,000 stores have been equipped with a used pods recycling bin.
As part of the Amur Tiger and Leopard Conservation Project, RLX has planted 20 ha of eco-fields in Jilin Province to ensure sufficient food supply for these endangered species. RLX has also organized a patrol team to remove animal traps. By the end of 2021, the RLX Tech Patrol Team had patrolled 12,600 kilometers.
In April 2022, RLX launched its net-zero carbon emission plan Aim for Zero to achieve carbon neutrality in its direct operations by 2033 and along the value chain by 2050.
As part of this project, RLX will take eight major initiatives including plastic reduction, waste reduction, promoting the Pods Reborn program, establishing a green supply chain partner mechanism, reducing product carbon footprint and introducing zero-carbon products, creating a zero-carbon plant and a green store and reducing carbon footprint in office and during business travel.
By the end of 2021, RLX had opened more than 24,000 stores in more than 300 cities, creating about 370,000 jobs across the industry chain.
“In more than four years of entrepreneurship, one of the things we are particularly proud of is our dedication to fulfilling our social responsibility,” said Kate Wang, founder and CEO of RLX Tech in a statement. “RLX Tech sees social responsibility as one of its core competitive advantages. It is also our duty as corporate citizens.”
October 17, 2022
Purdy Appointed as CEO of Turning Point Brands

Turning Point Brands announced the appointment of long-tenured company executive Graham Purdy as CEO and board director, effective October 16, 2022, following Yavor Efremov’s resignation as CEO and director.
Additionally, David Glazek will transition from non-executive to executive board chairman, effective January 2023, according to a press release.
Purdy will lead TPB’s strategy, execution, and operations, with a particular focus on growing and maximizing the value of the company’s portfolio of iconic and emerging brands. Prior to his appointment as CEO, Purdy served as chief operating officer since 2019.
Purdy previously led day-to-day operations during the COVID-19 pandemic, managing through complex challenges to the business while completing three of the most successful years in the company’s history.
“I am excited to serve as Turning Point’s next CEO and drive the company’s strategic priorities to enhance shareholder value,” said Purdy. “Over the past three decades, Turning Point has built a leading industry position through our portfolio of large and leading brands, innovative marketing, and omni-channel distribution capabilities, along with our strong track record of new product innovation.
“I look forward to working with our highly talented team to continue to build a world-class consumer products company for the benefit of our employees, customers, and shareholders.”
October 17, 2022
Keller & Heckman Annual Vapor Symposium Feb. 15-16

The Keller and Heckman law firm will hold its annual E-Vapor and Tobacco Law Symposium on Feb. 15-16, 2023, at the Courtyard Irvine Spectrum in Irvine, California, USA.
This year’s program will feature topics designed to help vapor and deemed tobacco product manufacturers stay in compliance with rapidly evolving laws and policies, according to Keller and Heckman.
The conference will cover marketing denial orders (MDOs), U.S. Food and Drug Administration proposed rulemakings and youth access prevention plans, among other topics.
For more information, visit the symposium information webpage.
October 17, 2022
FDA Denies Nearly 95% of Synthetic Nicotine PMTAs

The U.S. Food and Drug Administartion today announced that, as of Oct. 7, the agency has issued refuse to accept (RTA) letters for more than 889,000 products in premarket tobacco product applications (PMTAs) that do not meet the criteria for acceptance.
The agency also announced it FDA has accepted over 1,600 applications, with the vast majority being for e-cigarette or e-liquid products.
“While the application review is ongoing, FDA remains vigilant in overseeing the market and will continue to use our compliance and enforcement resources to curb the unlawful marketing of [non-tobacco nicotine] NTN products. To date, FDA has issued a total of over 60 warning letters to manufacturers, including brands popular among youth such as Puff Bar,” the FDA stated in a release. “The manufacturer warning letters include those for products for which an application had been submitted but where the agency has taken a negative action, such as a [RTA].”
The FDA has also issued over 300 warning letters to retailers for violations in relation to their sale of NTN products to underage purchasers, and imposed civil money penalties against two retailers for sales of NTN products to underage purchasers.
“To date, the FDA has not authorized any NTN products. Therefore, all NTN products on the market are marketed unlawfully and risk FDA enforcement action,” the FDA stated. “It is illegal for a retailer or distributor to sell or distribute e-cigarettes that the FDA has not authorized, and those who engage in such conduct are at risk of FDA enforcement, such as a seizure, injunction, or civil money penalty.”
All authorized e-cigarettes are posted on FDA’s Tobacco Product Marketing Orders page.
October 14, 2022