Author: Timothy Donahue

Vapes Fastest Growing Category in UK Grocery Sales

Credit: Suppachok N
Vaping products were the fastest growing category in U.K. grocery sales for the second year running in 2023, while sales of cigarettes, cigars and loose tobacco fell sharply, industry data showed.
Britain’s government in October proposed banning younger generations from ever buying cigarettes and Prime Minister Rishi Sunak said it also needed to act on youth vaping, according to Reuters.
Vaping products saw growth in value sales in Britain of 897.4 million pounds ($1.15 billion) in 2023, according to the data published on Saturday by market researcher NIQ and The Grocer.
The Lost Mary brand, owned by Chinese vaping firm Heaven Gifts, was the UK’s fastest growing product with sales up by 310.6 million pounds on the previous year, the data showed.
NIQ said vaping products also saw growth on a volume basis, or the amount people bought, while sales of cigarettes, cigars and loose tobacco were down 849.1 million pounds and 393.1 million pounds, respectively, on a sales value basis.
December 18, 2023
World Medical Association Applauds WHO Anti-Vape View

The World Medical Association (WMA) has joined the World Health Organization (WHO) in warning about the dangers of electronic cigarettes and other electronic nicotine delivery systems (ENDS).
“This warning comes amidst rising global popularity of e-cigarettes, particularly among young people, and a lack of adequate regulation in many countries,” a press release states.
The Italian publication Formiche recently published a report raising concerns about the WHO’s tobacco control policies and strategies in combating smoking-related diseases.
Titled, “Framework Convention on Tobacco Control: Challenges and Prospects for WHO,” the report provides a comprehensive overview of the smoking crisis, the limitations of current tobacco control policies, and the role of harm reduction and non-combustion products. Additionally, it emphasizes the need for innovative strategies and a re-evaluation of the WHO’s approach to effectively combat the global smoking epidemic.
The report highlights how the FCTC has not considered harm reduction efforts which led to a deviation from the original stance of the WHO. Despite the FCTC’s efforts, the number of smokers have remained stable over the last 20 years, with the decrease in smoking rates being countered by the effects of population growth.
Lujain Alqodmani, president of the WMA, said there is an urgent need for government action to safeguard children and adolescents, and the WMA supports the WHO’s efforts to eliminate nicotine products. She highlighted the “alarming situation” reported by the WHO, where 88 countries have no minimum age restriction for purchasing e-cigarettes, and 74 countries lack regulations for these harmful products.
The Formiche report’s author also worries about the tobacco control policies pursued by many low- and middle-income countries, which are home to 18 percent of the world’s smokers and where policies either ban alternative nicotine solutions entirely or treat them like cigarettes.
The effect of these approaches, according to the report, is that smokers who do not quit are not supported in changing to options that could present less risk to them. “The hope is that the forthcoming Conference of the Parties can represent an opportunity for public health but also, in the spirit of the United Nations, a moment of confrontation to guide policy choices based on established scientific evidence,” the report states.
December 18, 2023
U.S. Senators Demand FDA Reform its PMTA Process

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U.S. Senators Joe Manchin, Rand Paul and Ted Budd (R-NC) penned a letter urging the U.S. Food and Drug Administration’s Center for Tobacco Products (CTP) to reform its premarket tobacco product application (PMTA) process.
The Senators also requested information regarding CTP’s policies and actions that would ensure they are acting in an efficient way that is based on science and evidence.
“Cigarette smoking is the leading cause of preventable disease and death in the United States, where nearly 31 million Americans smoke cigarettes,” the group wrote in part. “For the FDA to meet its harm reduction goals, it must have a functioning authorization process.
“Since 2009, more than 26 million [PMTAs] have been submitted for new tobacco products in the U.S. Of those 26 million applications, the CTP has authorized fewer than 50… The availability of scientifically substantiated, authorized-PMTAs or MRTPs could potentially improve health outcomes for smokers currently using riskier products.”
For the FDA to meet its harm reduction goals, it must have a functioning authorization process, the Senators state, adding that the agency’s authorization rate is not in keeping with CTP policy acknowledging that tobacco products fall on a continuum of risk.
“The CTP has previously attributed its backlog to staffing shortages, but CTP’s staff has more than doubled over the past decade, from 426 employees in 2013 to more than 1,100 today,” the Senators state. “Since 2009, the FDA has also had the authority to assess and collect user fees from tobacco manufacturers and importers, with those fees being $712 million annually since 2019.
“Given these significant resources, there is no reason why the CTP should be so drastically out of step with the [Food, Drug and Cosmetic] Act’s requirements.”
December 15, 2023
U.S. FDA, Customs Seize $18 Million in Illegal Vapes

Credit: Eduardo Barraza
The U.S. Food and Drug Administration and U.S. Customs and Border Protection (CBP) have announced that they have confiscated about 1.4 million unauthorized e-cigarette products, including controversial brands like Elf Bar.
The estimated value of these seized products is over $18 million. The impressive seizure occurred during a three-day joint operation, where 41 shipments containing banned e-cigarettes were found and taken into custody.
“The FDA is committed to continuing to stem the flow of illegal e-cigarettes into the United States,” said FDA Commissioner Robert Califf. “Unscrupulous companies try everything they can to bring unauthorized, youth-appealing tobacco products into the country. The FDA will remain vigilant, and together with our federal partners, stop these imports before they make it into the hands of our nation’s youth.”
The FDA and CBP conducted the joint operation at a cargo examination site at Los Angeles International Airport, where the team examined incoming shipments for potentially violative items.
In preparation for the three-day operation, the team worked for months to review shipping invoices, identify potentially illegal incoming shipments, and complete other investigative work that led to the operation’s success, according to an FDA release.
Once the merchandise is forfeited to the government, it will be disposed of in accordance with the law; in the case of unauthorized new tobacco products, that generally means they will be destroyed.
“This enforcement action is a prime example of CBP’s commitment to keeping our communities safe by disrupting the importation of illegal goods into our country,” said Troy A. Miller, senior official performing the duties of the commissioner for CBP. “The rise in illicit e-commerce demands that our agencies remain vigilant in intercepting shipments that could pose serious health risks to the public, including youth, while disrupting the supply chains that bring them to our borders.”
Upon examining shipments, all of which originated in China, the team found various brands of illegal flavored disposable e-cigarette products.
In addition to Elf Bar, among the seized e-cigarettes were EB Create products; earlier this year, the manufacturer of Elf Bar began marketing the product under the names “EB Design” and “EB Create.”
Other seized brands included Lost Mary, Funky Republic, RELX Pod and IPLAY Max, among others. In an attempt to evade duties and detection, many of these unauthorized e-cigarettes were intentionally mis-declared as various items such as toys or shoes and listed with incorrect values.
“Those shamelessly attempting to smuggle illegal e-cigarettes, particularly those that appeal to youth, into this country should take heed of today’s announcement,” said Brian King, director of the FDA’s Center for Tobacco Products (CTP). “Federal agencies are on to their antics and will not hesitate to take action. The significant value of these seized products is also a sobering reminder to these bad actors that their time and money would be better spent complying with the law.”
The FDA uses a comprehensive approach to tobacco product compliance and enforcement, taking action against those in the supply chain that violate the law, including manufacturers, importers, distributors and retailers, such as the targeted operations described in today’s announcement.
The FDA also regularly addresses the importation of illegal e-cigarettes by placing certain firms on an FDA import alert red list, which allows the FDA to detain products without conducting a full inspection at the time of entry, according to the release.
For example, in May, the FDA placed certain firms associated with unauthorized youth-appealing e-cigarettes on a red list, including firms associated with the Elf Bar brands.
December 14, 2023
Vuse Market-Share Lead Over Juul Continues to Grow
Credit: Konstiantyn Zapylaie
R.J. Reynolds’ top-selling Vuse electronic cigarette saw an increase in market share after a recent small decline, according to the latest Nielsen convenience store report for the four-week period ending Dec. 2.
Vuse’s market share rose from 41.5 percent to 42 percent, surpassing No. 2 Juul which dropped from 24.7 percent to 24.3 percent.
In May 2019, Juul held a dominant 74.6 percent share of the U.S. e-cigarette market, but regulatory actions led to a decrease in product availability.
Despite Altria Group’s ownership of No. 3 NJoy, their market share remained stagnant at 2.6 percent.
Fontem Ventures’ blu eCigs, affiliated with Imperial Brands Plc, also had no change in market share at 1.2 percent. Overall, the e-cigarette category saw an 8 percent decline during this period.
December 14, 2023
One-Use Vape Batteries Can ‘Recharge’ Many Times
Credit: Chepko Danil
While the lithium-ion batteries in disposable vapes are thrown away after a single use, researchers found that they can continue to perform at high capacity for hundreds of cycles.
The study, published in the journal Joule, was conducted by scientists from University College London (UCL) and the University of Oxford and supported by The Faraday Institution.
“The surprise for us were the results that pointed toward just how long these batteries could potentially cycle, Professor Paul Shearing, of the University of Oxford and UCL, said, according to media reports. “If you use a low charge and discharge rate, you can see that for over 700 cycles, you still have more than 90 percent capacity retention.
“That’s a pretty good battery. And these are just being discarded. They’re being chucked on the side of the road.”
December 14, 2023
Mexico President to Push Forward Anti-Vape Bill
Mexican President Andres Manuel Lopez Obrador stated his intentions to introduce a law forbidding the use of e-cigarettes and vapes before he finishes his term in 2024.
This comes after the Supreme Court overturned his previous attempt to ban their sale.
Mexico already has one of the most stringent anti-tobacco laws globally, as evidenced by their implementation of a bill in January that prohibits smoking in all public spaces – including outside on the street, according to media reports.
Mexico has already banned the import of e-cigarettes.
December 14, 2023
Another City in Maine Bans Flavored Nicotine Sales

Credit: Gary L Hider
The state of Maine is a hotbed of nicotine regulation. The town of Falmouth became the sixth municipality in the state to outlaw flavored tobacco products.
The town council voted 5-2 in support of an ordinance that will make it illegal to sell any vaping or other tobacco product that imparts or is advertised to impart a taste or smell “other than that of tobacco” when the ban goes into effect on March 12, 2024.
Falmouth has a population of just over 12,000 residents. The town joins Portland, South Portland, Brunswick, Bangor and Bar Harbor in passing similar bans on selling flavored tobacco products.
Retailers found violating the law will be subject to a written warning for a first offense, followed by a fine of $500 for a second offense and $1,000 fine for each subsequent violation.
The ordinance does not prohibit the use of flavored tobacco products; however, it does aim to make it harder for individuals, youth and adults, to acquire the products.
One supporter of the ban, councilmember Janice de Lima, said she considered the ordinance a win even if only five kids were prevented from using flavored nicotine products, regardless of the impact on other residents or businesses.
Council vice-chair Jay Trickett spent several minutes critiquing the ban, citing studies that show bans on flavored tobacco products result in increased levels of cigarette use, adding that the council had public health policy backward with the ordinance, according to Halfwheel.
Trickett said the ordinance’s passage will result in increased health risks for certain residents of the town, possibly forcing some current vapers to return to smoking more deadly combustible cigarettes. It could also potentially drive some youth who use vaping products to switch to combustible tobacco products. The ban would also negatively impact local businesses.
“We are blundering about with a sweeping regulation that only indirectly addresses the problem and absolutely harms other residents because we feel the need to do something,” he said during Monday’s meeting.
Additionally, the council passed a resolution to codify its support of the ban:
“The Falmouth Town Council believes that reduced access to flavored tobacco products could potentially reduce youth resident initiation to tobacco products and thereby decrease youth tobacco and nicotine addiction and associated health risks. The Council believes that this outweighs the potential impacts on adult tobacco product users and retailers. The Council supports the enactment of an ordinance to prohibit the sale of flavored tobacco products by tobacco retailers in Falmouth.”
The Hallowell City Council has also held a first reading of a similar ordinance.
December 13, 2023
EU Parliament Endorses Vaping to Help Quit Smoking

Credit: Ronstik
The European Parliament, in full assembly, adopted a report recognizing the role of vaping in aiding smoking cessation. This comprehensive adoption by the Parliament marks a pivotal moment in the fight against smoking-related illnesses, according to an emailed World Vaper’s Alliance release.
The report, a part of the Parliament’s broader initiative on non-communicable diseases, acknowledges vaping as an effective method for smoking cessation and may also set a new direction for health policies within the EU.
The move follows the EU’s Subcommittee on Public Health (SANT) endorsement on Nov. 7. However, the initial recommendation by the SANT to limit vaping in certain public areas remains a point of contention.
Michael Landl, director of the WVA, said the full adoption of the report by the Parliament is a step forward and underscores a significant shift in recognizing vaping’s positive impact on public health.
“We now call on the European Commission to align with this perspective, as it represents the collective voice and decision of the Parliament, the direct representatives of EU citizens,” he said. “Listening to this voice is not just a matter of policy but of democratic responsibility.
“While we welcome the Parliament’s endorsement, the proposed restrictions on vaping in public spaces are concerning. Such measures could inadvertently hinder smokers’ transition to a less harmful alternative.”
December 13, 2023
FDA Says Next PMTA Update to Come in January

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The U.S. Food and Drug Administration stated in prior status reports for its premarket tobacco product applications (PMTAs) that the agency would complete a review of 100 percent of the applications by the end of 2023.
The agency is now estimating that completion of the reviews may be delayed as the FDA considers the D.C. Circuit’s opinion in Fontem US v. FDA, affirming in part and vacating and remanding in part marketing denial orders for certain vaping products.
The regulatory agency is under court order to file regular status reports on the agency’s review of pending PMTAs for new tobacco products that were on the market as of Aug. 8, 2016.
For such new tobacco products to be lawfully marketed in the United States, the Family Smoking Prevention and Tobacco Control Act requires the FDA to complete a substantive review of the PMTA for each new tobacco product and issue a marketing granted order authorizing the sale of the product.
The court order stems from litigation filed by health groups against the FDA seeking a court-imposed deadline for finalizing the review of the PMTAs that were filed with the agency by Sept. 9, 2020.
The court-imposed deadline to complete the agency’s review was originally Sept. 9, 2021, which the FDA was unable to meet due to the extremely large number of PMTAs filed by manufacturers.
The most recent and FDA’s seventh status report was filed on Oct. 23, 2023, according to media reports. Specifically, in these reports, the FDA provides an update on the progress to finalize the agency’s review of pending PMTA “covered applications.”
A “covered application” is for new electronic cigarette/vapor products that were on the market as of Aug. 8, 2016, which had a PMTA filed with the FDA by Sept. 9, 2020, are sold under the brand names of Juul, Vuse, Njoy, Logic, Blu, Smok, Suorin, or Puff Bar, and reach 2 percent or more of the total retail sales volume in NielsenIQ’s various retail e-cigarette sales reports.
According to the FDA’s Oct. 23 status report, the agency has completed its review of 69 percent of the 186 pending covered applications.
The FDA states that it will file the next status report with the court by Jan. 22.
December 11, 2023