Author: Timothy Donahue

Ohio Attorney General Targeting Illegal Vapes

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Ohio’s attorney general is cracking down on illegal vaping across the state, saying unregulated vapes being sold in Ohio, especially those targeting kids, pose a real danger.
The FDA has authorized 27 e-cigarette products to be sold in the United States. All of those are tobacco or menthol-flavored. Any other flavor not authorized by the FDA is illegal.
On Tuesday, Ohio Attorney General Dave Yost filed complaints against three Ohio businesses: one in Delaware, one in Cincinnati, and one in Wayne County. They are charged with selling illegal vape flavors despite a warning letter from Yost’s office in early April.
These investigations included Orrville Tobacco and Vape Shop in Orrville, Central Tobacco in Delaware and Elev8 Smoke Shop in Cincinnati, according to reports.
“You can go to any convenience store and find lots and lots of things that aren’t approved on that list, so we went to court today to ask the court to require them to stop selling unapproved vapes,” Yost said. “It’s a violation of Ohio law and federal law.”
He says it is not about closing smoke shops but ensuring they only sell what is allowed.
Flavored tobacco sales are banned in Columbus. Last month, a judge upheld the ban after ruling that a state law prohibiting cities like Columbus from banning tobacco sales was unconstitutional.
July 10, 2024
UKVIA Begins Process for CTSI Code Scheme

The U.K. Vaping Industry Association (UKVIA) has initiated the application process to become part of the CTSI Approved Code Scheme (ACS).
The ACS was created to give greater peace of mind and protection to consumers, and members of the scheme are recognized as trustworthy, reputable and having a proven commitment to “honest business” and “higher standards,” according to the UKVIA. Representatives of the UKVIA have already met with officials from the Chartered Trading Standards Institute to discuss the significance of this accreditation and the path ahead.
John Dunne, director general of the UKVIA, said: “As the most influential association in the sector, we have and continue to expect the highest levels of responsibility from our members and regularly lead on initiatives to drive accountability across the industry—including publishing guidelines around marketing and sustainability, the rolling out of our Be Vape Vigilant campaign and, most recently, the development of a retail and distributor licensing framework.
“The vape sector is facing intense scrutiny, and the legitimate industry must show it is committed to only the highest standards. The ACS fits with this goal.”
July 9, 2024
Kentucky Judge Hears Vape Registry Bill Case

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Franklin Circuit Judge Thomas Wingate heard arguments Monday in a case challenging the constitutionality of a 2024 law banning the sale of some vaping products.
This comes as the defendants — Allyson Taylor, commissioner of the Kentucky Department of Alcoholic Beverage Control, and Secretary of State Michael Adams — filed a motion to dismiss the case.
Should Wingate grant that motion, the plaintiffs — the Kentucky Vaping Retailers Association, the Kentucky Hemp Association and four vape shops — will appeal the decision, their lawyer told the Lantern. The plaintiffs have also filed a motion for judgment, according to media reports.
Either way, the case is far from settled. It’s unclear when a decision could come, as Wingate said it will “take a while” for him to review.
The lawsuit centers around House Bill 11 passed during the 2024 legislative session. Backers of the legislation said it’s a way to curb underage vaping by limiting sales to “authorized products” or those that have “a safe harbor certification” based on their status with the U.S. Food and Drug Administration (FDA).
Opponents have said it will hurt small businesses and lead to a monopoly for big retailers.
According to Legislative Ethics Commission records, Altria, the parent company of tobacco giant Phillip Morris, lobbied for the Kentucky bill. Based in Richmond, Virginia, the company is pushing similar bills in other states.
Greg Troutman, a lawyer for the Kentucky Smoke-Free Association, which represents vape retailers, told the judge Monday that among his issues with the new law is the way it defines “vapor products” and “other substances,” looping e-cigarettes and vapable hemp and marijuana products together. He argues that combination makes the law too broad and arbitrary to pass constitutional muster.
July 9, 2024
Thailand Proposes to Again Make Marijuana a Crime

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Two years after marijuana was decriminalized in Thailand, nearly a hundred of its advocates marched to the prime minister’s office Monday to protest a possible ban on general use.
A health ministry drug control committee approved Friday a proposal to relist cannabis as a narcotic to be only allowed for medical and research purposes. The proposition is set to be submitted to the Office of the Narcotics Control Board this week and, if agreed on, will take effect on Jan.1, according to the AP.
Cannabis activists and entrepreneurs, some carrying potted marijuana plants, gathered at the United Nations headquarters in central Bangkok Monday as they prepared to head to the Government House, nearly 1 kilometer (0.62 miles) away.
Prasitchai Nunuan, a representative of a pro-cannabis network of individuals, addressed the protesters, saying that marijuana should be separately regulated by the health ministry instead of criminalizing the plant yet again. He accused the government of outlawing the drug to allow only a few interest groups to benefit from its medical uses.
July 8, 2024
Slow Burn: Ohio Cannabis Shops Ready to Open

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More than 100 dispensaries in Ohio are on their way to selling recreational marijuana.
The Division of Cannabis Control has granted 110 dispensaries provisional licenses to sell medical and recreational products once they receive final approval.
Of the 110, Northeast Ohio has 36, Southwest Ohio has 29, and Central Ohio has 18. Franklin County has the most with 12, Cuyahoga has 11, and Hamilton has nine.
Click here to learn which facilities have a provisional license.
License applications must be approved or denied by Sept. 7, but the state and policymakers have continued to say that applications could be granted and recreational sales could happen by mid-June.
The passage of Issue 2 allowed adults 21 years of age and older to smoke, vape and ingest weed. According to media reports, Ohioans can grow up to six plants with up to 12 per household.
Ohio Cannabis Coalition’s Tom Haren is staying positive despite the delayed start date. “Rome wasn’t built in a day,” Haren said. “There is a lot of work that needed to get done.”
Consumers haven’t been able to buy weed legally because there is a process that takes place between getting a provisional license and getting a license with a certificate of operation.
The state has a list of requirements that shops need to meet, such as keeping visitor logs, having curbside and drive-through pickup and utilizing surveillance systems. Dispensaries will also have to demonstrate they can keep inventory aside to make sure medical patients continue having preferred access. Sellers will also have to do a test sale to a medical patient and a recreational consumer, among dozens of other tasks and evaluations.
July 8, 2024
CTP Brings Updates to Tobacco Compliance Website

The Food and Drug Administration’s Center for Tobacco Products (CTP) has announced an enhancement to its website, which will more easily present information about tobacco compliance check outcomes.
The agency noted in a statement that the database is designed to be a resource for various audiences, including the general public, public health groups, and the tobacco industry.
The new database offers the ability to search for various compliance and enforcement outcomes among brick-and-mortar and online retailers, including warning letters, civil money penalties, and no-tobacco-sale orders.
Previously, this information lived in various locations across the FDA website, so the enhancement will allow site visitors to more easily find outcomes from the FDA’s compliance and enforcement efforts of retailers in one centralized location, according to reports.
This centralized database will be updated monthly with the latest compliance check outcomes. “The enhancements to this database reflect CTP’s continued efforts to optimize transparency and communication with stakeholders,” the statement continued.
To view the database, click here.
July 8, 2024
California Cannabis Retailers Begin New Rules

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California cannabis brands and retailers are implementing new initiatives for vape packaging and disposal in response to a state law that went into effect July 1.
New requirements under California Business and Professional Code 26152.1, include a ban on using the term “disposable” to describe marijuana vape products in advertising, labeling and marketing.
The rules also mandate that THC oil, vape pens, and batteries be disposed of at hazardous waste collection facilities or other approved businesses, according to media reports.
The burden of disposing of defective, returned or used vape products likely will now fall on retailers.
“The consumers themselves, however, have no real recycling solutions that are dedicated to cannabis products, specifically vaporization products,” said Jeremy Green, CEO and co-founder of Los Angeles-headquartered Final Bell Holdings, which provides supply-chain services for California and Canadian brands.
July 8, 2024
North Carolina Governor Signs Vape Registry Bill

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Under a bipartisan bill Gov. Roy Cooper signed into law this week, North Carolina will have a new registry that could lead to the removal of many vaping products from store shelves.
The law would allow only the sale of products authorized by the U.S. Food and Drug Administration. The directory of products would be under the North Carolina Dept. of Revenue.
Stores will have a 60-day grace period after the directory is available to come into compliance. After that, repeat violators could face fines and have their licenses suspended or revoked.
“The vaping epidemic is quite the Wild West, particularly in high school,” said state Rep. Erin Pare (R-Wake). “That’s why this bill passed with broad bipartisan support. It brings order, enforcement, accountability, and transparency to a growing problem.”
The bill faced opposition from some operators of convenience stores, who worry it will have a negative impact on their revenue. Ches McDowell, who represents a group of Asian-American convenience store owners, warned it could also lead to lost jobs.
The Vapor Technology Association also urged Cooper to veto the bill, calling the FDA’s process illegal and saying the measure is “propping up cigarettes and hurting public health.”
Representatives of the tobacco industry advocated for the bill as it moved through committees in the state legislature, including Susan Vick, who lobbies for Reynolds American. She told lawmakers about visiting a store in Raleigh and finding many products from China, according to media reports.
Pare said the new law will help remove unregulated products from overseas and reduce the prevalence of products that appear to be marketed to young people.
“We don’t really know what’s in them,” she said.
The law takes effect on Dec. 1. The directory is expected to be available in early 2025.
July 8, 2024
Ireland to Raise Sales Age for Vaping Products

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Ireland will to raise the minimum age for tobacco sales to 21.
With the measure, the government hopes to accelerate the decline in adult smoking prevalence, which has plateaued at 18 percent for several years, and reduce underage smoking prevalence to zero.
“My goal with this measure is to assist our young people to avoid a lifetime of addiction and illness from tobacco smoking. The modelling shows us that this measure will not only protect the targeted age group and but will also protect those under 18 as they will be less likely to be in social groups with 21 year olds who can legally purchase cigarettes,” said Health Minister Stephen Donnelly in a statement.
“Countries around the world are looking at endgame measures for smoking. We are no longer regulating it; we are seeking to eliminate it from our lives and the lives of our children. I’m very proud that Ireland is continuing its tradition of leading the way on this issue, and today’s measure is another important step on our journey towards a tobacco-free Ireland.”
Ireland will be the first EU country to raise the smoking age to 21. The measure will be phased in so that that those already entitled to be sold tobacco products—that is, persons over 18 but under 21—will not be affected.
July 5, 2024
New York City Wants Wholesalers to End Vape Sales
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The mayor of New York City has requested a Manhattan judge to intervene immediately and halt the sale of illegal flavored vapes by 11 wholesalers in New York.
The city filed suit against the wholesalers in April, citing data that kids and teens are getting hooked on flavored e-cigarettes at alarming rates.
Now, the city’s lawyers say they need a preliminary injunction to force the illegal, flavored vape peddlers to quit their noxious practices immediately, according to the New York Post.
“While we have already filed a lawsuit to hold these distributors accountable for their actions, the motion we have filed will help us ensure that they can no longer peddle this poison to our children while this case is being litigated,” Adams said in a statement after the request for an injunction was filed Monday.
Court records show that city investigators were able to directly place orders from the wholesalers.
The probers also were able to uncover sales invoices from vape distributors in the city, the documents show.
July 2, 2024