Author: Timothy Donahue

Utah Moves Forward With Flavor Ban Legislation
Credit: Christopher Boswell
After this legislative session, the sale of flavored nicotine products may be banned in Utah.
SB61, the Electronic Cigarette Amendments, sponsored by Senate Minority Assistant Whip Jen Plumb, forbids the sale of flavored electronic cigarette products and “electronic cigarette products that have not received market authorization from the federal Food and Drug Administration.”
The Senate voted 20-3 to pass the bill, which now goes to the House for consideration, according to media reports.
The ban would exclude the flavors of tobacco, mint, and menthol for e-cigarettes.
States like California, Massachusetts, New Jersey and New York have also approved flavor sales bans.
February 15, 2024
Hallowell is 7th Maine City to Ban Flavored Nicotine

Credit: Lukasz Kochanek
There are now seven cities in the state of Maine that ban flavored nicotine products.
There is also legislation is due to be taken up in the Maine House for a statewide flavor ban in the coming weeks. The Senate passed it last year.
Monday night, the Hallowell City Council voted to end the sale of flavored nicotine products in the city.
The ordinance was passed after a 3-3 tie was resolved by the presiding officer.
Hallowell is now the seventh community in Maine to ban the products, joining the towns Falmouth, Portland, South Portland, Brunswick, Bangor and Bar Harbor in passing similar bans on selling flavored nicotine products.
Those who voted against the motion said prohibition isn’t effective and enforcing existing laws regarding underage sales should be a priority.
February 14, 2024
France Moves Closer to Disposable Ban After Vote

Credit: Daboost
France has moved one step closer to a ban on disposable vapes. The Senate voted unanimously Wednesday to ban pre-filled, disposable e-cigarettes.
“The marketing of these products is intended to attract young people with colors, fruit [flavors] and aromas, and low price,” Labour and Health Minister Catherine Vautrin told the chamber.
While the Senators approved the law, they modified the National Assembly’s text to clarify the ban, according to media reports.
The text would ban the “manufacturing, marketing, sale, distribution or offering for free” of the products and prohibit owning them with the intent to sell or distribute them, with a fine of up to €100,000 ($108,000).
The two chambers will now need to combine their text and approve that version before it is sent to the European Commission, which will have six months to hand down an opinion.
The government has said it hopes the ban will come into effect in September.
Meanwhile, vaping and other recent smoking innovations are expected to be high on the agenda as country representatives gather in Panama City on Monday, tasked with revising the World Health Organization Framework Convention on Tobacco Control (FCTC), the first treaty ever adopted under the auspices of WHO, entered into force.
February 9, 2024
Nebraska Seeks Vape Product List, End Online Sales

Credit: Sean Pavone Photo
The General Affairs Committee in Nebraska heard testimony on a bill that its sponsors say seeks to reduce access to vaping devices by minors in Nebraska.
LB1296, introduced by Seward Sen. Jana Hughes, would prohibit the sale of electronic nicotine delivery systems (ENDS) products that the U.S. Food and Drug Administration has not approved.
Violations would be considered a deceptive trade practice under the Uniform Controlled Substances Act. The state aims to use the same list that is used by states that have passed similar laws, such as Alabama and Louisiana, according to a release.
Devices that are pending approval from the FDA would be authorized for sale under the bill, but online sales of ENDS, regardless of FDA approval, would be prohibited.
“We have a serious problem on our hands that threatens to undermine the progress made over the past 40 years in reducing the use of nicotine products by our kids,” Hughes said.
LB1296 also would create a directory of ENDS manufacturers who have received or sought FDA approval. Beginning April 1, 2025, each manufacturer must register with the state tax commissioner and pay a $500 initial certification fee per device and $500 annually.
Payments received would be directed to the state Department of Revenue to reimburse the cost of enforcing the bill’s provisions.
The committee took no immediate action on LB1296.
Louisiana’s passed a law that bans retailers from selling vape products not listed on a state-approved registry, known as the V.A.P.E. Directory. Alabama and Florida use the same list.
To receive authorization, products need a marketing order from the U.S. Food and Drug Administration or must meet one of several narrow exceptions, which favor products that have been on the market since at least 2016.
The state’s Office of Alcohol and Tobacco Control (ATC) released its list of nearly 400 approved vape products
February 9, 2024
West Virginia House Passes ID Check for Vapes

Credit: Sean Pavone Photo
West Virginia delegates voted nearly unanimously Tuesday for a proposal that, if passed by the Senate, would require stores by law to check IDs on vape purchases, verifying one’s age with the buyer’s driving license, passport, military card, or other government identification.
The proposal is sponsored by Del. Heather Tully. She says current law is not clear on if a store must check your ID. Her proposal removes that uncertainty, according to media reports.
The proposal would increase fines for those in violation — from $250 for a first offense to a maximum of $5,000 for a fourth offense and every other instance thereafter within five years of the initial conviction.
Yet, one discrepancy remains — what age can one buy vaping products?
Federal law says 21. West Virginia law says 18.
Clark has introduced separate legislation to raise West Virginia’s age to 21.
That proposal waits action in Tully’s committee. She says its progress remains uncertain in the House.
“It’s a personal liberty question,” she told WSAZ. “I know that the body may be a little bit more divided on that — at what age is it appropriate, what age is considered an adult — and so I would rather keep the focus on checking the IDs and making sure that we are verifying the IDs for sales, rather than splitting the body on the semantics of should it be 18 or 21.”
“I get both arguments,” Clark said. “How we come across — or how we fix it? I have no clue.”
The legislation to check IDs now moves to the state Senate.
February 7, 2024
U.S. House Lawmakers Push FDA Chief on Vaping

Credit: Rafel
A news media outlet is reporting that U.S Reps. Rob Wittman and Raja Krishnamoorthi wrote a letter to Robert Califf, head of the Food and Drug Administration, asking for answers to inquiries they had sent to the agency in November.
“While we appreciate the recent joint federal operation resulting in the seizure of more than 1.4 million units of illegal e-cigarettes in December 2023, much more needs to be done,” the letter exclusively provided to The Hill states. “Illegal vaping products from the PRC [People’s Republic of China] now make up more than half of all vaping products sold in the United States and contribute significantly to underage vaping rates.”
The lawmakers specifically cited the brand Elf Bar as being “illegally imported” from China. The product line features brightly colored e-cigarettes with various fruity flavors, which anti-vaping advocates say attract youth.
The lawmakers asked what the FDA planned to do to stem the flow of e-cigarettes from China and whether it planned to enforce legal proceedings against manufacturers. They also asked why the FDA has not issued a rule requiring foreign manufacturing registration, which the Tobacco Control Act allows for.
The agency has repeatedly delayed its reviewing of premarket tobacco product applications (PMTAs), which are required for new tobacco products to be legally marketed in the U.S. The FDA previously said it would finish reviewing applications by the end of December 2023.
The FDA now states that it will complete all covered marketing applications by June 30. In its latest court-ordered status report, the agency stated that continued review is necessary in light of recent judicial decisions, including the D.C. Circuit’s decision in Fontem US.
Krishnamoorthi and Wittman asked when the FDA would complete its reviews and pressed the agency over the delay.
February 7, 2024
VTA Buys Ads Targeting Senator Over Zyn Comments

The Vapor Technology Association (VTA) announced the launch of a cable news ad buy targeting Sen. Chuck Schumer and his proposed ban on Zyn nicotine pouches. The ad runs this week on FOX News and FOX Business during key programming slots, including “FOX and Friends,” “Kudlow,” and “The Five.”
Sen. Charles Schumer
The ad connects a proposed ban on e-cigarettes with a ban on all less harmful, tobacco-free nicotine products, such as Zyn nicotine pouches. The ad also calls out entrenched bureaucrats at the Food and Drug Administration’s Center for Tobacco Products (CTP), led by Brian King, for repeatedly blocking access for millions to e-cigarettes as harm reduction tools that the science has proven are the most effective product on the market to help people quit smoking cigarettes, according to an emailed press release.
“Sen. Schumer and the FDA are simply wrong: wrong on e-cigarettes, wrong on Zyn, and wrong on the science,” said Tony Abboud, executive director of VTA. “Rather than give adult smokers broader access to a greater number of lower-risk alternatives, the FDA and CTP have instead imposed a de facto ban on e-cigarettes – and Zyn is next.”
The ad states that Schumer’s proposed Zyn ban precisely mimics his attempts to eliminate e-cigarette use nationwide, amounting to an assault on Americans’ personal freedom to choose lower-risk, tobacco-free nicotine products that overwhelming scientific and medical data demonstrates are effective at helping adults quit smoking.

February 6, 2024
New FEELM Turbo Promises ‘Explosion’ of Flavor

Credit: FEELM
FEELM, a leading vape solution provider, has launched the world’s first “burst power ceramic coil” vape solution. The FEELM Turbo solution leverages “cutting-edge” ceramic coil technology to deliver an explosion of flavor for consumers, according to an emailed press release.
“Like none others, it can deliver intense flavors, powerful vapor in the shortest time, and enduringly long product life. Compared to other high-powered vapes, products equipped with FEELM Turbo have smaller sizes yet deliver even higher bursts of vapor,” FEELM states. “This technology is also perfectly adapted to the two major vape categories, the disposables, and the pod-system, suitable for customers to create differentiated products to seize the market.”
Despite its small size, the Turbo can deliver a 200 percent improvement in taste intensity. It efficiently atomizes large molecules while enhancing e-liquid aroma recovery, resulting in a richer and more satisfying hit, according to the release. “With a burst time of just 0.5 seconds, it outperforms mainstream products on the market by strides. Tests show that just one burst power ceramic coil performs more than on par with dual MESH coils,” FEELM states.
At this year’s TPE exhibition, FEELM showcased an ultra-thin burst power disposable product the 2024 TPE trade show held in Las Vegas at the end of January. With a body thickness of only 14mm, the product “impressed consumers with its elegant thinness, excellent feel, and powerful first puff. It truly lives up to its name: ‘thin yet powerful!’”
The FEELM Turbo solution delivers significantly more vapor at a lower power setting. Compared to dual Mesh products on the market, FEELM Turbo sees an 80 percent increase in performance, offering a richer flavor experience. The Turbo also boasts constant power engine technology, which ensures consistent flavor and vapor volume throughout the product’s lifespan.
“Users can enjoy the same satisfying taste with every puff, unlike mainstream products where flavor often fades to bland. Compared to the competitors, FEELM Turbo products demonstrate a 35 percent improvement in flavor consistency and a remarkable 95 percent consistency in the vapor volume,” the release states.
February 6, 2024
Australia: Over $1 Million in Illicit Nicotine Seized
More than 30,000 vapes and tobacco products worth more than AUD 1 million ($650,000) have been seized by health authorities in a series of raids across Sydney.
The major vaping blitz saw 60 retailers targeted throughout the city’s southeast last week.
More than 30,000 e-cigarettes, 118,000 cigarettes, 45 kilograms of flavored and loose-leaf tobacco, and 284 containers of nicotine pouches were taken during the NSW Health and Therapeutic Goods Administration raids.
The total street value of the seizures is over $1.1 million, NSW Health said.
It takes the total value of illegal vapes and tobacco products seized across the state since July 2020 to $31.6 million.
February 6, 2024
FDA Denies Blu Marketing of 5 Flavored Products
Credit: Fontem US
The U.S. Food and Drug Administration continued its de-facto flavor ban and issued marketing denial orders (MDOs) to Fontem US LLC for four Blu disposables and one Myblu brand e-cigarette product.
The currently marketed products that received an MDO are:

Blu Disposable Menthol 2.4%
Blu Disposable Vanilla 2.4%
Blu Disposable Polar Mint 2.4%
Blu Disposable Cherry 2.4%
Myblu Menthol 1.2%
After reviewing the company’s premarket tobacco product applications (PMTAs), the regulatory agency determined that the applications lacked sufficient evidence to demonstrate that permitting marketing of the products would be appropriate for the protection of the public health, which is the standard legally required by the 2009 Family Smoking Prevention and Tobacco Control Act, according to a press note.
“The application lacked sufficient evidence regarding harmful and potentially harmful ingredients in the aerosol for one product and battery safety for several products,” the release states. “Additionally, the applicant did not present sufficient data demonstrating that the new products have a potential to benefit adult smokers, in terms of complete switching or significant cigarette use reduction, that would outweigh the risk to youth.”
While the FDA has approved 23 vaping products, none have been a flavored product. Last month, the agency also issued Fontem US, LLC MDOs for its Blu PLUS+ brand e-cigarette products. Fontem is expected to appeal the FDA decision.
February 5, 2024