Author: Staff Writer

More Warning Letters for Unauthorized Products

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On Dec. 13, the U.S. Food and Drug Administration’s Center for Tobacco Products (CTP) issued warning letters to 11 online retailers selling unauthorized e-cigarette products marketed under the brand names Lost Mary, Funky Republic/Funky Lands, Elf Bar/EB Design, Kangvape, Cali and Breeze. Warning letter recipients are given 15 working days to respond with the steps they’ll take to correct the violations discussed in the warning letter and to prevent future violations. Failure to promptly correct the violations can result in FDA enforcement actions such as an injunction, seizure and/or civil money penalties.
“It is illegal to sell, import, distribute or offer for sale or distribution to U.S. consumers any e-cigarette that has not been authorized by FDA,” said CTP Director Brian King in a statement. “The products identified in these warning letters are being marketed without the required authorization. We can issue, and have issued, warning letters for products for which an application has been submitted and is pending review. For unauthorized tobacco products, the pendency of an application does not create any sort of a safe harbor to sell that product.”
As of December 2023, the FDA has issued more than 400 warning letters to retailers for the sale of unauthorized e-cigarettes and filed civil money penalty complaints against more than 65 retailers and manufacturers for the manufacture or sale of unauthorized products.
To date, the FDA has authorized 23 e-cigarette devices and tobacco-flavored e-cigarette products.
December 14, 2023
WHO Seeks to Equate Risks of Vaping and Smoking

Image: Andrey Popov
The World Health Organization has urged governments to ban all flavors in e-cigarettes, treating them like combustible products.
While some consider e-cigarettes a key to reducing death and disease caused by smoking, the WHO said “urgent measures” are needed to control them, according to Reuters.
“Kids are being recruited and trapped at an early age to use e-cigarettes and may get hooked to nicotine,” said Tedros Adhanom Ghebreyesus, WHO director-general.

Regulating vapes like cigarettes would only serve to reinforce misunderstandings about the relative risks of vaping and send the wrong message to smokers.
Marina Murphy, senior director of scientific and medical affairs, ANDS
He urged countries to implement strict measures, such as bans on all flavors and introducing tobacco control measures to vapor products. These would include high taxes and vape bans in public places.
While the WHO does not have authority over national regulations, its recommendations are often voluntarily adopted.
“Regulating vapes like cigarettes would only serve to reinforce misunderstandings about the relative risks of vaping and send the wrong message to smokers,” said Marina Murphy, senior director of scientific and medical affairs at ANDS, adding that the WHO’s position was “detached from reality.”
December 14, 2023
Bulgaria Readies to Ban Flavored Nicotine Products

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Bulgaria will ban products with flavors other than tobacco effective Jan. 1, 2024, reports Novinite.com
The ban is in response to the European Commission’s directive.
The amendment will also require that all packaging for heated-tobacco products display a warning highlighting associated risks of use. The Ministry of Economy and Industry will now be tasked with prohibiting tobacco products containing additives that significantly increase toxicity, with addictive properties or that pose risks of cancer, mutations or reproductive toxicity.
Enactment of the changes is pending official publication in the State Gazette.
December 14, 2023
Imperial Calls for Better Targeted Vape Regulation

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Imperial Brands has called for a ban on vapes that are deliberately marketed to young people. In its response to the U.K. government’s consultation on “creating a smoke-free generation and tackling youth vaping,” the company argued for stronger enforcement of existing regulation.
Among other provisions, the government’s plan includes a provision that would make it illegal for anyone born on or after Jan. 1, 2009, to ever legally buy cigarettes, and a ban on disposable vapes.
“As the owner of the blu vape brand, we share the government’s concerns about the rise in youth vaping and call for a reform of vape flavor names and a ban on packaging that deliberately appeals to under-18s,” Imperial Brands wrote on its website.
However, Imperial also noted that vaping has played a key role in reducing U.K. smoking levels to the lowest on record, referring to Public Health England’s finding that e-cigarettes are around 95 percent less harmful than normal cigarettes.
“If a ban on disposable vapes is introduced—which more than half of adult vapers use—it could easily drive some nicotine users to return to cigarette smoking and reverse the positive downward trend,” Imperial wrote.
The proposed generational tobacco ban, meanwhile, would be unworkable and unenforceable, according to the company. “The prohibition of tobacco products won’t deter tobacco users from smoking; rather, it will increase the already flourishing illicit trade—as was the case in South Africa when the government outlawed the sale of tobacco products during Covid—and lead to a decline in government revenues. Last year, receipts from tobacco duty contributed £10 billion [$12.52 billion] to the public purse,” Imperial wrote.
“The government’s intention to put the U.K. on a path to a smoke-free future is one we all share; however, a generational smoking ban, coupled with a ban on disposable vapes, risks undermining the country’s progress,” said Oliver Kutz, general manager U.K. and Ireland at Imperial Brands.
“It is clear that prohibition does not reduce tobacco consumption; rather, it creates an illicit market, fuels organized crime and presents a real danger to retailers. Removing disposable vapes, the most widely used harm reduction alternative in the U.K., at the same time as prohibiting legitimate tobacco sales is illogical and counterproductive.
“If the U.K. wants to continue on its journey to reduce smoking whilst preventing the rise of youth vaping, greater enforcement of the current regulations at the point of sale is imperative. The introduction of a retailer licensing scheme, alongside Fixed Penalty Notices for breaches, would deter retailers from selling to under-18s, ensuring a crackdown on youth vaping that does not risk existing vapers reverting to smoking.”
December 13, 2023
Argentina Urged to Repeal Recent E-cigarette Ban

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The Argentinean vapers’ association, Asovape Argentina, and the World Vapers’ Alliance have sent an open letter Argentina’s recently elected president, Javier Milei, calling for the repeal of the National Administration of Medicines, Food and Medical Technology Provision 3226/2011 banning the commercialization of e-cigarettes.
The provision banned the import, distribution, marketing, advertising and promotion of e-cigarettes. It went into effect May 6, 2011.
The letter explains that numerous studies conducted since the ban took effect have demonstrated the significantly lower risk profile and the usefulness of e-cigarettes for smoking cessation as well as the low health risk of nicotine. The signatories also argue that the ban is incompatible with respect for the individual freedom of Argentinian adults and the rights to free development of personality, information and health of users and smokers.
“The ban violates the rights and freedoms of Argentine adults and should be repealed,” said Juan Facundo Teme, president of Asovape Argentina, in a statement. “The state is not the one to tell Argentines how to consume nicotine and should respect the decisions of individuals who choose to vape in order to consume it in a less harmful way. Moreover, all the arguments on which the ban was based have been disproved.”
Argentina has a smoking rate of 24.5 percent, the second highest in Latin America and one of the highest in the world.
“Smoking is a huge problem for Argentina, and the ban has only exacerbated it,” said Teme. “It spreads the misconception that vaping is the same or worse than smoking, makes it difficult for millions of smokers to switch to a safer alternative and has pushed thousands of vapers back to tobacco. With clear information and proper regulation of vaping, we could reduce smoking rates quickly and significantly.”

Argentina should respect smokers who choose to consume nicotine in a less harmful way.
Alberto Gomez Hernandez, policy manager, WVA
“Argentina is one of the most restrictive countries on vaping in the whole region and consequently has one of the highest smoking rates,” said Alberto Gomez Hernandez, policy manager of the World Vapers’ Alliance. “It is second only to Chile, which has just passed a law regulating vaping to allow adults to use it to quit smoking, as Brazil is also working to do. Argentina should not lag behind and should respect smokers who choose to consume nicotine in a less harmful way.”
Michael Landl, director of the World Vapers’ Alliance, added, “Argentina’s approach to vaping is outdated and irreconcilable with upholding the individual freedom of consumers. Argentina now has a great opportunity to take the lead and adopt the approach of countries like Sweden or the U.K., which respect users’ right to choose while improving public health. Sweden is on the verge of becoming the first smoke-free country thanks to this approach, and the U.K. is reducing its smoking rate rapidly. We encourage President Milei and his government to follow these examples. Vaping is not a crime and should be legalized immediately.”
December 13, 2023
UKVIA Petitions Against Possible ‘One-Use’ Vape Ban

The U.K. Vaping Industry Association (UKVIA) has called on smokers, vapers and the wider industry to join a national petition urging the government against banning disposable vapes and flavors.
The petition highlights the potential public health consequences of “excessive and counterproductive legislation” that reduces the effectiveness of vaping as a stop-smoking tool, according to the UKVIA. Blocking access to flavors and disposables could prevent adult smokers from switching from combustible cigarettes, according to the organization.
The UKVIA is directly engaging with its own members, advocacy groups and online communities to encourage consumers to pledge their support to the petition. The UKVIA is also running a major social media campaign to maximize sign-ups and sharing stories from ex-smokers who have switched to vaping.
“The prospect of heavy restrictions or bans on disposables or vape flavors, as being considered as part of the ongoing government consultation, could be the biggest health setback this century and risks undermining years of smoke-free progress,” said John Dunne, director general of the UKVIA, in a statement.
“Under no circumstances should these products end up in the hands of minors, and there is no doubt that preventing youth access to vaping is critical, but this cannot be achieved by sacrificing the stop smoking potential of vaping for adult smokers. The voice of the vaper has gone largely unheard around the government’s consultation, yet they could be the victims of any punitive measures introduced. Therefore, we have created this petition to give a platform to the millions of adult vapers who have quit with the help of disposables and flavors—it is critical that vapers nationwide now come together to collectively warn the government against prohibitive and harmful legislation.”
The new petition was created as part of an ongoing UKVIA campaign to “Save Vaping, Save Lives,” which has also included equipping the association’s members with information to encourage and mobilize vapers to respond to the government’s youth vaping consultation.
December 8, 2023
Rumors of U.K. Dropping Generational Tobacco Ban

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The U.K. government may be backtracking on its plans to implement a generational tobacco ban, reports Tobacco Insider. According to the website, Britain may settle instead for raising the legal smoking age from 18 to 21.
Under the proposed legislation, children who turn 14 or younger in 2023 would never be able to legally purchase a cigarette. A public consultation on the plans closed Dec. 6.
Tobacco companies have reportedly been engaging heavily with lawmakers. Earlier this month, Philip Morris International held roundtable events with members of parliament as part of its efforts to ensure that heated-tobacco products are exempt from any future smoking ban.
BAT was reportedly also scheduled to hold a private event on the plans to phase out smoking.
Many libertarian Members of Parliament are said to dislike the idea of government limiting people’s choices.
In November, New Zealand and Malaysia scrapped plans for similar generational tobacco bans.
December 7, 2023
Australia Extends Graphic Warnings to Vape Devices

Potential new graphic health warnings as envisioned by Australia’s Department of Health and Aged Care
Australia will extend the requirement for manufacturers to print graphic health warnings on tobacco products to e-cigarettes, according to reports by CityNews and News. Manufacturers have until April 1, 2024, to roll out “repulsive” new health warnings on cigarette and vape packets. Retailers will be given a further three months to update their stock as new warning labels are gradually rolled out.
On Dec. 7, the country’s federal parliament passed a law with measures to discourage smoking and vaping. Among other provisions, the legislation updates the health warnings on cigarette packages, standardizes the design and appearance of cigarette filters and applies tobacco advertising restrictions to vapor products.
Earlier, Australia had announced a ban on single-use vapes that will take effect at the start of 2024. Starting in March, it will also be illegal to import or supply vapes that don’t comply with standards from the medical regulator. Doctors and nurses would still be able to prescribe therapeutic vapes as a tool to help smokers quit.
Health Minister Mark Butler said the new smoking laws would save lives.
“Tobacco has caused immeasurable harm and cost us countless lives in this country,” he told parliament. “We can’t stand by and allow another generation of people to be lured into addiction and suffer the enormous health, economic and social consequences.”
About 20 percent of Australian 18-year-olds to 24-year-olds vape while about one in seven 14-year-olds to 17-year-olds use the product.
December 7, 2023
Study Finds Young Kiwis Support Generational Ban

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Most young New Zealanders support the law to progressively ban smoking, which was recently abandoned, reports RZN, citing the results of an international study.
The new coalition government plans to repeal changes to the Smokefree Environments and Regulated Products Act that would have barred the sale of cigarettes to anyone born after 2009, among other measures.
A Canadian-based international study shows 79 percent of New Zealanders aged 16 to 29 favored the ban.
A similar share supported a reduction in the number of shops which could sell tobacco, while 68 percent wanted manufacturers to have to take nicotine out of cigarettes.
The International Tobacco Control Policy Evaluation Project investigates attitudes to smoking across several countries. The most recent research was supposed to provide a baseline for New Zealand before the law came into effect.
“Our overseas colleagues are incredibly disappointed and devastated as we are because the tobacco research world has been really looking to New Zealand,” said co-author Jude Ball from Otago University.
By contrast, the Coalition of Asia Pacific Harm Reduction Advocates (CAPHRA) expressed its support for the decision to repeal the generational tobacco ban.
“CAPHRA applauds the government’s decision to prioritize harm reduction strategies,” said the group’s executive coordinator, Nancy Loucas. “We believe that vaping and other harm reduction tools can play a significant role in helping smokers quit, and we are pleased to see the government recognizing this.”
The organization said it also shares the government’s concerns about the potential for a black market to develop if the sale of tobacco is overly restricted.
“A regulated market is always preferable to an unregulated one, where product safety cannot be guaranteed,” Loucas added.

December 6, 2023
Study: Adult Vapers Rely on Flavors and Disposables
Photo: Atlas
New industry figures, collected by online vape retailers representing around 43 percent of the U.K. market, have revealed that significant numbers of older adults are users of disposable and flavored vapes, which are the focus of a government consultation to address the issue of youth vaping that will close on Dec. 6.
The industry warns that any moves to ban single use vapes and flavors, which have been key drivers in the decline of smoking to record low levels in the U.K. over the last two years, will have catastrophic consequences for the nation’s public health and will effectively end any chance of creating a smokefree generation in the near future.
The data collected from the last quarter sales by four of the country’s leading online retailers, representing nearly a quarter of the U.K. market, revealed that:
The most popular flavor category amongst middle-aged adults (35-44 and year olds) was “fruit” flavors, followed “treats and desserts”
Highest proportion of tobacco flavor use is in the over-55 age category
Menthol flavors and tobacco flavors are significantly less popular amongst middle-aged adults
The average age of adult disposable users is 39
The latest adult vaping statistics follow a survey conducted by One Poll earlier this year, which revealed that 83 percent of vapers said that flavors helped them quit smoking, with one in three saying that a ban on them would lead them back to conventional cigarettes, which would represent around 1.5 million former smokers.
Why should 4.5 million adults who have spent years trying to kick a habit that kills some 250 people a day, and have managed to do so through vaping, be at risk of having their lifeline taken away?”
John Dunne, director, UKVIA
“These statistics show what we in the industry already know—that the very flavors and single use vapes that are now under scrutiny by the government as it looks to tackle youth vaping are a lifeline for former adult smokers,” said Dan Marchant, co-owner of online retailer Vape Club, which contributed to the demographic sales data.
“The legitimate vaping industry completely recognizes the need to deal with youth vaping but it shouldn’t involve any wholesale bans, as this will affect the adults who depend on them. There is already a ban on vapes for under 18 year olds as it is illegal for retailers to sell devices to minors. That’s why the industry is calling for greater enforcement of the existing law, on-the-spot fines of up to £10,000 ($12,631) per offence and the introduction of a retail licensing scheme to weed out the rogue traders.”
“Why should 4.5 million adults who have spent years trying to kick a habit that kills some 250 people a day, and have managed to do so through vaping, be at risk of having their lifeline taken away?” asked UKVIA’s Director General John Dunne.
“If the government goes down the path of banning single use vapes and/or flavors a return to smoking amongst current vapers will be very much on the cards, bringing with it catastrophic consequences for the public health of the nation and wrecking any chances of the government’s smoke free ambition. The only winners from any potential bans on the vaping industry are the tobacco industry and illicit markets, something that no one in their right mind wants to see.”
December 5, 2023