Author: Timothy Donahue

  • County Judge Halts Ohio Ban on Local Tobacco Laws

    County Judge Halts Ohio Ban on Local Tobacco Laws

    Credit: Promesa Art Studio

    A county judge in Ohio issued a temporary restraining order late Friday afternoon, stopping a state law from taking effect next week that would prevent Columbus, several Franklin County suburbs, Cincinnati, and other Ohio cities from regulating tobacco products, including enacting flavor bans.

    The ruling means the local cities’ bans on selling flavored vaping and other tobacco products will remain in effect for now, according to media reports. However, the move indicates that Franklin County Common Pleas Judge Mark Serrott believes the cities’ case will likely succeed.

    Serrott scheduled a preliminary injunction hearing in the case for May 17.

    Columbus, Cincinnati, and several other Ohio cities filed a lawsuit Tuesday challenging the law created by the Republican-controlled Ohio General Assembly. The cities argue the legislature violated an Ohio constitutional amendment giving cities “home rule” to set their own laws for the good of their residents on certain matters, including on issues of public safety.

    The cities argue the new Ohio law allowing flavored tobacco sales negatively affects the health of Ohioans, particularly of teens increasingly turning to vaping.

    Serrott also noted that while one state law prohibits municipalities from regulating tobacco, another requires a plan to reduce tobacco use by Ohioans. That code emphasizes reducing the use of tobacco by “youth, minority and regional populations, pregnant women, Medicaid recipients, and others who may be disproportionately affected by the use of tobacco.”

    In granting the restraining order, Serrott concluded the cities’ challenge to the constitutionality of the state law is likely to succeed ultimately — although he also acknowledged the state is expected to appeal his final ruling.

  • Vape Shop Owners Vow to Challenge Utah Flavor Ban

    Vape Shop Owners Vow to Challenge Utah Flavor Ban

    Credit: Jovannig

    A new Utah law that will prohibit the sale of flavored e-cigarettes has supporters of the law arguing that flavored e-cigarettes are making children addicted to nicotine. However, implementing the law won’t only have a severe impact on Utah’s almost 200 vape shops; it will devastate them, according to an industry representative who has expressed their intention to challenge the law in court.

    The sponsor of that law, pediatrician and Salt Lake Democratic Sen. Jen Plumb, said she has seen kids in the emergency room going through withdrawal because they can’t vape in the hospital and friends whose children are anxious about going without their nicotine on long flights, according to media reports.

    Plumb’s bill, signed into law last month by Gov. Spencer Cox, goes further than just banning flavors — aside from tobacco or menthol. It also bans the sale of any vape product with a nicotine concentration above 4 percent. And it only allows the sale of products that have either been approved by the U.S. Food and Drug Administration or have submitted an application for approval prior to September 2020.

    Nobody knows how many products will have to be removed from shelves. To date, there are only 17 FDA-approved products from three manufacturers that meet the criteria, and an FDA spokeswoman said they don’t know how many pre-2020 applications are still pending.

    According to Beau Maxon, vice president of the Utah Vapor Business Association and owner of Park City Vapor Company, one thing is certain: It will be a death sentence for many vape shop owners.

    “There’s no question about it,” Maxon said in an interview, “it is going to put the retail tobacco specialty industry in jeopardy and you’re going to see a lot of them not able to stay open.”

    That’s because in a vape shop like his, Maxon said, 99.9 percent of the products they sell are flavored — not because they’re targeting kids, but because it’s what his adult customers want.

    Without other options, shop owners will challenge the law in court over the businesses that will be forced to close, the creation of a monopoly for convenience stores and Big Tobacco products, and potentially other grounds.

    “There’s no question about it,” Maxon said. “We will be litigating it.”

  • Vietnam to Regulate Vape, H-n-B as Tobacco Products

    Vietnam to Regulate Vape, H-n-B as Tobacco Products

    Credit: Serenity H

    Several government agencies have confirmed that Vietnam will regulate e-cigarettes and heated tobacco products (heat-not-burn) the same as traditional tobacco products under the country’s Law on Prevention and Control of Harmful Effects of Tobacco, which has been in effect since 2012.

    The Ministry of Industry and Trade has been assigned the task of presiding and coordinating with ministries and ministerial-level agencies to develop appropriate regulations to manage these products.

    To effectively manage tobacco products, the parties are analyzing the Law on Prevention and Control of Harmful Effects of Tobacco to evaluate its correlation with each type of product, specifically electronic and heated cigarettes, according to media reports.

    The law’s Article 2.1 states: “Tobacco is a product produced from all or part of tobacco ingredients, processed in the form of cigarettes, cigars, tobacco, pipe tobacco or other forms.”

    Article 2.3 adds: “Tobacco raw materials are tobacco leaves in loose form, sheets that have been pre-processed and separated from stems, tobacco fibers, tobacco stems and other substitute materials used to produce cigarettes.”

    Thus, the law stipulates that only the ingredients of a product should be considered to determine it as a “cigarette,” not the production process or usage of different types of products, whether cigarettes, cigars, pipe tobacco, or other forms such as heated tobacco.

    Thus, heated tobacco and e-cigarettes fall under the scope of the Law on Prevention and Control of Harmful Effects of Tobacco, similar to cigarettes, cigars and pipe tobacco. Essentially, if it contains nicotine it is a tobacco product.

    In a seminar on new types of cigarettes, Le Dai Hai, vice director of civil and economic law department (Ministry of Justice) said: “For heated tobacco, we confirmed that it is a tobacco product because it is made from tobacco ingredients, then inserted into the device for smoking.”

  • U.S. Market Poised for Disruption With IQOS Debut

    U.S. Market Poised for Disruption With IQOS Debut

    Photo: vfhnb12

    The American tobacco market is poised for disruption as Altria Group’s exclusive U.S. distribution rights to Philip Morris International’s IQOS heat-not-burn product expires on April 30, reports The Wall Street Journal. After this date, PMI will be free to compete in the U.S. with its top noncigarette brand.

    PMI hopes IQOS can help it grab a 10 percent share of the lucrative U.S. cigarette and heated-tobacco market by roughly 2030, representing an additional $2.2 billion in annual earnings before interest, taxes, depreciation and amortization, according to Stifel analysts.

    Altria, with its 50 percent share of the American cigarette market, has a lot to lose if PMI can persuade more smokers to switch to noncombustible alternatives.

    In recent years, U.S. smokers have become more receptive to alternative nicotine delivery methods. Last year, 40 percent of all nicotine products sold in the U.S. were smoke-free offerings such as e-cigarettes and oral nicotine pouches. The share of traditional cigarettes, meanwhile, declined to 60 percent last year from 80 percent in 2018.

    If the trend continues, Americans will be more likely to reach for a vape or nicotine pouch than a cigarette within three years.

    Already earning some 40 percent of its net revenue from smoke-free products, PMI needs not worry about the dwindling number of U.S. smokers because it doesn’t sell cigarettes in America.

    Altria, by contrast, still relies heavily on combustible cigarettes, which currently account for 85 percent of its sales. Its comparatively low exposure to the smokefree market includes brands such as On! oral nicotine pouches and Njoy e-cigarettes. The company also has a joint venture with Japan Tobacco to launch Ploom heated tobacco sticks in the U.S. and is working on its own heat-not-burn brand.

    A badly timed bet on Juul Labs saddled the company with a $12.5 billion loss.

    On the flipside, Altria has a strong U.S. distribution network, which it can leverage to promote its brands—a considerable advantage as the point of sale is one of the few places where tobacco companies are still allowed to advertise their products.

    Altria can also harness data to defend its patch. The tobacco giant is integrated into many retailers’ loyalty programs, allowing it to monitor what shoppers are buying.

  • Philippines: Momentum Building for Disposables Ban

    Philippines: Momentum Building for Disposables Ban

    Photo: Mihail Reschetnikov

    Momentum is building in the Philippines for a proposal by Finance Secretary Ralph Recto to ban disposable e-cigarettes, reports The Philippine Star.

    The Department of Health has indicated support for the proposal, just like some senators, but the Department of Trade and Industry, which enforces the country’s vape law, has yet to take a stand.

    Eric Singson, mayor of Candon in the tobacco-producing Ilocos Sur province in Northern Luzon, said he was open to the idea. “If it is really hazardous to a person’s health, then it’s OK with me, we will subscribe to regulation, just like the Tobacco Regulation Act,” he said.

    Both the Department of Agriculture and National Tobacco Administration have yet to communicate their respective positions.

    Several countries in Europe including the United Kingdom, Ireland and Belgium have announced disposable vape bans.

    “If that is the trend, then maybe there is a very good reason for banning it. If it’s something of a health concern to the users, especially the minors, then I’m open to it,” Singson told The Philippine Star in an interview in.

    In Asia, disposable vapes are already banned in Singapore, Thailand and Taiwan.

    Recto proposed the ban in response to the rise in youth vaping and the impact of disposable products on the environment, with illicit e-cigarettes further eroding tax revenues.

  • Vape Shop Owners Challenge Kentucky Registry Bill

    Vape Shop Owners Challenge Kentucky Registry Bill

    Credit: Adobe

    Several vape businesses, as well as the Kentucky Hemp Association and Kentucky Vaping Retailers Association, are suing the state government over House Bill 11, which will restrict vape sales starting in 2025.

    Among other policy changes, HB 11 will bar businesses from selling vapes that are either not authorized by the U.S. Food and Drug Administration or are not currently under review by the regulatory agency.

    During public debates, various arguments for and against HB 11 were made before the Legislature passed the law in late March.

    But the vape shops’ lawsuit, filed last week in Franklin Circuit Court, challenges the legislation on constitutional grounds, according to media reports.

    The lawsuit zeroes in on HB 11’s reliance on defining a “vapor product” in a way that includes devices that feature “vaporized nicotine or other substances.”

    The shops’ petition says this definition encompasses not only nicotine vapes but also hemp-derived vaping products they currently sell. And it says the definition is broad enough to apply to medical cannabis vaping products that will become legal in Kentucky next year.

    The lawsuit argues this makes the new law unconstitutional for two reasons.

    First, it claims HB 11 violates a provision in the Kentucky Constitution that says the Legislature can’t pass a law that relates to more than one subject, and that subject must be specified in its title.

    The plaintiffs say HB 11 is titled an “act relating to nicotine products” but actually affects non-nicotine products as well. They argue this effectively violates the constitutional rule.

    Second, the lawsuit says hemp-derived vapes generally aren’t regulated by the FDA, which makes it impossible for businesses to comply with HB 11’s requirement that they only sell vapes that have received or are seeking FDA approval.

    The suit argues this violates a due process clause in the U.S. Constitution and makes HB 11 an “arbitrary” law, which is prohibited by the Kentucky Constitution.

  • Healthcare Providers Urged to Discuss Vape Benefits

    Healthcare Providers Urged to Discuss Vape Benefits

    Tracy Smith and Benjamin Toll have co-authored a commentary suggesting that health care providers providers talk with adult patients who smoke about the relative risks of different tobacco products, including e-cigarettes.
    (Photo: MUSC Hollings Cancer Center)

    Healthcare providers who are working with adult patients struggling to stop smoking should consider discussing e-cigarettes as a potential tool if they’ve already tried FDA-approved medications, say tobacco researchers with MUSC Hollings Cancer Center.

    Benjamin Toll, director of the MUSC Health Tobacco Treatment Program, and Tracy Smith, associate professor in the Addiction Sciences Division of the Department of Psychiatry and Behavioral Sciences, partnered with Brian King, director of the Center for Tobacco Products at the U.S. Food and Drug Administration, to write a commentary in Nature Medicine that lays out the relative risk of e-cigarettes compared with traditional combustible cigarettes. Existing scientific evidence indicates that both products have health risks, but that e-cigarettes generally have lower risks than cigarettes.

    To be clear—neither option is good for your health, Toll and Smith said. And they certainly don’t want any youth, or adults who don’t smoke, to take up e-cigarette use. But among adults who have already tried FDA-approved cessation medicines, if the choice is between continuing to smoke traditional cigarettes or switching completely to e-cigarettes, then a complete switch should be encouraged, they said. They were motivated to work with King to write this commentary because they saw confusion among the general public and doctors about the relative harms of each product.

    “It really bothered me that there are well-intentioned, smart healthcare providers who think that e-cigarettes are worse than smoking cigarettes,” Toll said in a statement. “It’s simply not true.”

    Toll, who is currently serving as president of the Society for Research on Nicotine and Tobacco, wanted to expand the conversation that health care providers can have with patients about ways to stop smoking.

    There are seven FDA-approved smoking cessation aids, including medication and nicotine replacement options like the patch. These smoking cessation products, especially when combined with behavioral counseling, improve a person’s chances of quitting smoking. But because nicotine is so addictive, many people still struggle. That’s where Smith and Toll see a place for e-cigarettes.

    “Doctors and other health care professionals don’t know what to say or how to talk about it,” Smith said. “I always say, ‘If you have somebody who smokes cigarettes, they are standing in a convenience store every single day, buying the most harmful tobacco product they could possibly be buying.’ And it’s a real injustice not to say to them, ‘Hey, there are nicotine products you could buy every day that would be a whole lot less likely to kill you.’”

    However, Toll and Smith are very specific about which types of e-cigarettes they’re referring to. When they say that e-cigarettes have fewer toxicants and cause less harm than cigarettes, they’re referring specifically to the 23 products that have received FDA authorization for marketing.  It’s worth noting that all 23 of these products are tobacco-flavored, not fruity, chocolatey or candy-flavored.

    Smith explained that the FDA created two paths for e-cigarette manufacturers to gain authorization. The first path would allow manufacturers to market their e-cigarettes as smoking cessation devices.

    “Thus far, no company has done that—as far as we know, they have not even applied,” Smith said.

    The second path allows companies to market their products as tobacco products, but makes no claims about smoking cessation. Companies have to show that their products are appropriate for the protection of public health – specifically, that the benefits of the product for helping adults who smoke to transition completely outweighs the known risk of these products to youth and nonusers.

    Besides the likelihood that the product will entice young people, the FDA looks at everything from environmental impact to whether users completely switch to the e-cigarette product from cigarettes. Complete switching, rather than going back and forth between e-cigarettes and cigarettes, is an important factor. If people use both products – something that researchers call “dual use” – then they’re still exposing themselves to the carcinogens and toxicants in cigarettes.

    “So far, the FDA has issued more than a million denials and 23 authorizations,” Smith said.

    Due to the rigorous nature of the reviews, Smith and Toll believe that doctors can reasonably share that list of 23 authorized e-cigarettes with people who are struggling to stop smoking.

    In addition, there’s increasing evidence suggesting that e-cigarettes can help adults who smoke to completely transition away from cigarettes, they said. Recent large-scale studies published in JAMA Internal Medicine and the New England Journal of Medicine showed that e-cigarettes helped people to stop smoking. Further, Smith said, a Cochrane Review conducted earlier this year concluded that there is evidence from enough high-quality studies to say that e-cigarettes are more likely to help people to quit than nicotine replacement therapy, which includes nicotine gum, nicotine lozenges and the patch.

    E-cigarettes remain controversial though.

    “Some believe that we shouldn’t be allowing new tobacco products on the market that could potentially be appealing to youth, no matter what the benefit is to adults who smoke. And I’m just not in that camp because cigarettes are the primary way that tobacco kills people,” Smith said. “For me, because cigarettes are responsible for the vast majority of the deaths and illnesses from tobacco, I think that having less harmful alternatives out there for adults, especially if we can reduce the appeal to youth, is really important.”

  • Britain’s Generation Nicotine Ban Passes First Vote

    Britain’s Generation Nicotine Ban Passes First Vote

    Credit: XY

    Lawmakers approved British Prime Minister Rishi Sunak’s plan to ban anyone aged 15 and under from ever buying cigarettes despite opposition from some prominent members of his Conservative party, reports Reuters.

    The bill passed a vote in Britain’s parliament with 383 in favor and 67 against.

    Fifty-seven Conservatives, including Business and Trade Secretary Kemi Badenoch, voted against the plan. Earlier, two former prime ministers, Liz Truss and Boris Johnson, had come out against the legislation, with Truss describing the draft legislation as “unconservative” and Johnson calling it “nuts.”

    The ban enjoys strong support among healthcare professionals, who say that smoking causes 80,000 premature deaths every year, along with many more smoking-related illnesses.

    In a recent YouGov poll, a third of voters supported the phased approach and 30 percent supported a ban for everyone at the same time. Only a quarter said there should be no ban.

    Badenoch said that while she agreed with Sunak’s intentions, she opposed the bill as she was concerned about its impact on people’s rights and difficulty in enforcing the policy.

    Earlier this year, New Zealand scrapped a similar law after a new coalition government took power in late 2023. The government said it favored a harm-reduction approach to discourage smoking, but critics accused it of succumbing to tobacco lobbying.

    Britain’s generational tobacco ban will now progress to the next stage in parliament, where it can be subject to amendment.

  • U.K. to Vote Tuesday on Tobacco Endgame Bill

    U.K. to Vote Tuesday on Tobacco Endgame Bill

    Vapor Voice archives

    On Tuesday, British lawmakers will vote on a generational smoking ban aimed at preventing young people from smoking.

    The bill, a key policy announced by Conservative Prime Minister Rishi Sunak last year, will make it illegal to sell tobacco products to anyone born after 2009, according to media reports.

    The proposal has the support of the opposition Labour Party and is expected to pass. However, some libertarian-minded members of Sunak’s party criticized the proposals as “unconservative.”

    Authorities say that if passed, the bill will create modern Britain’s “first smoke-free generation”.

    Supporting the ban, England’s chief medical officer, Professor Sir Chris Whitty, said once people become addicted to smoking, “their choice is taken away.”

    Under the Tobacco and Vapes Bill, children turning 15 this year or younger will never be legally sold tobacco. The legal age of sale that people in England can buy cigarettes will be raised by one year, every year, until it is eventually illegal for the whole population.

    The bill also includes measures to crack down on youth vaping, such as banning the sale of disposable vapes and limiting their flavors to prevent children from becoming addicted to nicotine.

    Opponents, such as Conservative lawmaker Simon Clarke, have said it is better to focus on education and the tax system to deter young people from smoking rather than enforcing an outright ban.

    “I think that an outright ban risks being counterproductive; I think it actually risks making smoking cooler; it certainly risks creating a black market,” he told the BBC.

  • FDA Denies Marketing of MNGO Disposable Vapes

    FDA Denies Marketing of MNGO Disposable Vapes

    Credit: Chase4Concept

    The U.S. Food and Drug Administration on April 15 issued marketing denial orders (MDOs) to Shenzhen Yibo Technology Co. for 65 disposable e-cigarettes marketed as “MNGO Disposable Stick.”

    The products involved include flavors such as tobacco, menthol, pink lemonade, strawberry mango, watermelon freeze, iced banana, and others, with each flavor offered in a range of nicotine concentrations from 2 percent to 6 percent.

    According to the 2023 National Youth Tobacco Survey (NYTS), disposable e-cigarettes were the most commonly used device among current e-cigarette users, and almost 9 out of 10 current e-cigarette users reported using flavored e-cigarettes with fruit flavors being the most popular.

    The MDOs also include several “Clear” flavor products that were described by the applicant as flavorless or unflavored. However, data submitted in the company’s applications showed these products contained ingredients that are flavor enhancers or are known to impart a menthol or mint flavor, according to the FDA. Based on the entirety of evidence, the agency determined that the products have a characterizing flavor.

    “The onus is on tobacco companies to provide the evidence demonstrating that the necessary public health standard has been met, and when they fail to do so, FDA will appropriately deny the marketing authorization of new tobacco products,” said Brian King, director of FDA’s Center for Tobacco Products, in a statement. “In this case, the applicant did not meet the necessary bar.”