Author: Timothy Donahue

Mexico’s Supreme Court Says Vape Ban is Illegal

The Supreme Court of Justice of the Nation (Credit: Fernando)
Mexico’s Supreme Court of Justice has ruled that the presidential decree banning the sale of e-cigarettes is unconstitutional.
The court’s Second Chamber ruled by three votes in favor that the decree is contrary to the right to freedom of commerce.
The ruling only permits those retailers who were parties to the case to sell e-cigarettes.
In an en banc decision, the full Supreme Court of Justice of Mexico found the interpretation of Article 16(VI) banning e-cigarettes unconstitutional; however, this ruling does not automatically toss out the ban on e-cigarettes under Art. 16(VI).
Instead, if a retailer wants to sell e-cigarettes, he/she must bring a court case to declare the unconstitutionality of the ban in his/her specific case.
Thus, for now, e-cigarettes remain prohibited.
Alberto Gómez Hernández, policy manager of the World Vapers’ Alliance, said he welcomed the decision of Mexico’s High court, adding that the decree violates the right to freedom of trade of the companies, but also the right to health and the free development of the personality of Mexican adults. “Mexicans should be free to decide how they consume nicotine,” he said in an emailed release.
The declaration of unconstitutionality was carried out in an amparo lawsuit – a type of lawsuit in Mexico through which a company can seek legal protection or permission not to abide by regulation that violates its rights.
The general ban will stay in place since the ruling applies only to that specific case and business, yet it shows that even Mexico’s highest court agrees that a ban on vaping products is unconstitutional.
“Although the ruling does not establish jurisprudence, we hope that the government or the judiciary will reverse the ban soon,” said Gomez. “The ban has failed, it has aggravated the public health problem of smoking in Mexico and has created a huge black market controlled by mafias.
“Mexico needs to abandon the ban and adopt a strategy that includes the use of less harmful nicotine products as a smoking cessation tool. It should follow the example of Sweden, which is about to become the first smoke-free country, and the UK, which promotes the use of vapes to quit smoking.”
December 11, 2023
U.S. Lawmakers Seek Action Against Elf Bar Sales

U.S. House lawmakers are demanding information from federal officials on what they are doing to stop the recent influx of kid-appealing electronic cigarettes from China.
Members of a new congressional committee on U.S.-China relations sent the request last week to U.S. Justice Department and Food and Drug Administration leaders, calling attention to “the extreme proliferation of illicit vaping products.”
The letter cites the Associated Press reporting on how thousands of new disposable e-cigarettes have hit the market in recent years, mostly manufactured in China and sold in flavors like watermelon and gummy bear.
In May, the agency called on customs officials to block imports of Elf Bar, a small, colorful vaping device that is the No. 1 choice among teenagers.
The media has reported that the company behind Elf Bar has been able to evade the ban by simply renaming its products, which remain widely available in convenience stores and vape shops.
“We ask you to work with the Customs and Border Protection to address this urgent problem with all due speed,” states the bipartisan letter from 12 members of the committee, including Chairman Rep. Mike Gallagher, and Rep. Raja Krishnamoorthi.
The special committee was established early this year to counter Chinese policies that can damage the U.S. economy. Tensions between the two countries have been rising for years, with both China and the U.S. enacting retaliatory measures on imports.
December 11, 2023
January 1: New Vape Retailer Rules in Texas Begin
A Forever Vapes store in Pearland, TX, USA. (Credit: JHVEPhoto)
Beginning Jan. 1, 2024, it will be a crime in Texas to market, advertise, sell or cause to be sold an e-cigarette product in certain containers that are designed to appeal to minors.
“It is illegal to sale e-cigarettes to minors — these products are dangerous and most contain nicotine, heavy metals and cancer-causing materials — yet these products are intentionally designed to attract minors,” Texas Comptroller Glenn Hegar said. “Texas has taken action to deal with this kind of deceptive marketing and I greatly appreciate the partnership with retailers across this state to help us protect one of our most vital resources: our children.”
House Bill 4758 states any person commits a Class B misdemeanor that can lead to civil and criminal penalties if they market, advertise, sell or cause to be sold an e-cigarette product and the product’s container meets any of the following criteria:

depicts a cartoon-like fictional character that mimics a character primarily aimed at entertaining minors;
imitates or mimics trademarks or trade dress of products that are or have been primarily marketed to minors;
includes a symbol that is primarily used to market products to minors;
includes an image of a celebrity; or
includes an image that resembles a food product, including candy or juice.
A violation can result in a Class B misdemeanor conviction punishable by up to 180 days in jail, a fine up to $2,000, or both. E-cigarette retailers also can face civil penalties up to $3,000 and a permit suspension or revocation for repeat violations.
The Comptroller’s office and partnering agencies perform inspections for signage and employee compliance concerning the sale, possession and use of cigarettes, e-cigarettes and tobacco products, according to a press release.
December 11, 2023
UK Labour Party Wants ‘Prescription-Only’ Vapes

Credit: IR Stone
The British Labour Party told media representatives it may implement a prescription-only policy for vaping products if they win the upcoming general election, which must take place by January 2025.
The Labour Party has been consistently leading in polls for the past two years.
Wes Streeting, shadow health secretary for the Labour Party and potential choice for health secretary if the party gains a majority in Parliament, is closely monitoring Australia’s recent decision to regulate vaping as a prescription product.
Streeting believes that this policy is partly based on evidence from Australia showing that vaping can lead to smoking.
He also criticizes the vaping industry for promoting itself as a helpful tool for quitting smoking while simultaneously addicting young people to nicotine.
In regards to the industry’s marketing tactics, Streeting says, “We will take strong measures against targeting children, but I also want the vaping industry to return to its initial purpose as a legitimate method for quitting smoking.”
December 8, 2023
North Carolina Gets $7.8 Million More From Juul Labs

Credit: Adobe
North Carolina will receive an additional $7.8 million from Juul as part of his first-in-the-nation agreement to hold the e-cigarette maker accountable for its role in marketing and selling e-cigarettes to young people.
In all, the state will receive $47.8 million, said Attorney General Josh Stein in a release. North Carolina has settled its original lawsuit with Juul Labs for $40 million.
“The vaping epidemic is far from over, and these additional funds will help us keep more kids healthy,” said Stein. “Vaping is dangerous to kids’ health, and we must continue to do everything in our power to keep them nicotine-free.”
Stein was the first attorney general in the nation to file a suit against Juul Labs for allegedly sparking a vaping epidemic among teenagers.
His agreement required the company to make far-reaching changes to how Juul Labs conducts business, including not marketing to people under 21, not using social media advertising, and verifying the ages of people who buy its products.
The money from the settlement is being used by the North Carolina Department of Health and Human Services to prevent e-cigarette addiction, help those who are addicted quit, and fund important e-cigarette research.
As part of Attorney General Stein’s agreement, Juul Labs must also make public a large number of documents it produced in the lawsuit.
The first batch of documents from that document depository will be available through a partnership between the University of North Carolina and the University of California, San Francisco in early 2024.
The documents reportedly will shed light on Juul’s marketing and research and will help prevent other companies from using the same playbook.
December 8, 2023
San Francisco Files Lawsuits Against 3 Vapor Makers

San Francisco City Hall (Credit: Alonso Reyes)
A new lawsuit filed by San Francisco City Attorney David Chiu’s office accuses three online retailers, The Finest E-Liquid, the Vape Society and DaSmokey, of illegally selling flavored vape products in the city.
According to a complaint filed at San Francisco Superior Court Tuesday, city investigators purchased products from the three sellers that included a container of “The Finest Vanilla Almond Custard e-liquid,” a disposable vape called “Flum Pebble 6000 Puff, Matcha flavor” and packages of “Apple Pearadise” and “Straw Melon Sour Belts” e-liquid, among others.
Moreover, the city alleges that the companies violated a state regulation, codified in California’s Stop Tobacco Access to Kids Enforcement (STAKE) Act, that requires online sellers to call the purchaser before shipping tobacco products and use certain language on the package—both safeguards intended to prevent minors from buying the products online.
“We are bringing our lawsuit to send a clear message to tobacco retailers that selling their products will not be tolerated in San Francisco,” Chiu said. “We’re bringing this lawsuit to protect the public, especially youth, from the health risks of tobacco products.”
Sales of flavored tobacco products have been banned in San Francisco since 2018, when voters approved Proposition E, which prohibited the sale of such products in response to the rising popularity of youth vaping.
In 2019, the Board of Supervisors unanimously passed a ban on the sales of most electronic cigarettes in the city over the protests of Juul Labs, which was then headquartered in San Francisco and a major producer of vapes.
That same year, Juul sponsored a ballot measure that would have reauthorized the sale of e-cigarettes—but it was overwhelmingly defeated.
Now, Chiu’s office believes that the three online sellers are flouting bans and regulations of e-cigarette products by continuing to ship flavored vaping supplies to buyers in San Francisco.
The alleged sales are happening despite broad restrictions on flavored vape products both locally and elsewhere, according to media reports. The websites gave no indication that the products could not be shipped to San Francisco and the products were shipped in short order to an address in the city, the complaint states.
December 7, 2023
Michigan Bill Seeks to Ban Flavored Vaping Products
Credit: Spirit of America
The U.S. Food & Drug Administration has not yet officially banned flavors in vaping and other tobacco products. Now, states are working towards banning the controversial products themselves. Michigan is next on the list.
Last month, S.B. 649 was introduced in the Michigan Senate. The bill calls for the ban of the sales of flavored vaping and other tobacco products, defined as any product that has or is marketed as having a characterizing flavor other than tobacco.
The bill would ban the sale of products packaged in ways that “indicate, explicitly or implicitly, that the nicotine or tobacco product has characterizing flavor.”
That bill would not exempt flavored cigars, though it does carve out an exemption for flavored hookah tobacco intended for on-site consumption.
If passed, retailers caught violating the rule would be subject to the following fines:

First violation within 36 months: a fine of up to $1,500
Second violation within 36 months: a fine of $2,000 and a 30-day suspension of a license
Third violation within 36 months: a fine of $2,500 and a one-year suspension of a license
Fourth violation within 36 months: a fine of $3,000 and a revocation of a license
If the bill passes, a new fund would be created for compliance checks.
California and Massachusetts are the only two states with flavored tobacco bans.
According to a study by the New England Convenience Store and Energy Marketers Association, excise tax lost income in Massachusetts from selling fewer menthol cigarettes alone amounted to $62 million in the first six months of the ban. No specific figures were given for electronic nicotine delivery systems in the release.
December 6, 2023
FDA Files Civil Money Action Against 25 Retailers

Credit: FDA
The U.S. Food and Drug Administration announced it has filed civil money penalty (CMP) complaints against 25 brick-and-mortar and online retailers for selling unauthorized Elf Bar, EB Design and other e-cigarette products.
In a press note, the FDA stated that it had previously warned each retailer in the form of a warning letter to stop selling unauthorized tobacco products. During follow-up inspections, the agency observed the retailers had not corrected the violations, resulting in civil money penalty actions. 
The complaints seek the maximum civil money penalty of $19,192 for a single violation from each retailer. The retailers can pay the penalty, enter into a settlement agreement based on mitigation factors, request an extension of time to file an answer to the complaint, or file an answer and request a hearing.
Retailers that do not take action within 30 days after receiving the complaint risk a default order imposing the full penalty amount. 
Today’s actions bring the total number of CMPs filed against retailers for the sale of unauthorized e-cigarettes up to 67.
Previously, in September, and then again in November, FDA sought CMPs for similar amounts against 42 brick-and-mortar retailers across 18 states for the sale of unauthorized Elf Bar products. Today’s actions include retailers from 14 states and, for the first time, include cases against online retailers.
December 5, 2023
Ireland: Implementing New Vape Tax ‘Challenging’

Inside a local vape shop in Killarney, Ireland. (Credit: Timothy Donahue)
Ireland’s Finance Minister Michael McGrath has said introducing a new tax on vapes will be “challenging” to implement.
The country’s government intends to apply the levy on e-cigarettes as part of a public health response to vaping.
“A domestic tax will require significant IT, administrative, control, and compliance costs,” McGrath said.
The proposed tax on both vapes and e-cigarettes had first been flagged in Budget 2024 speeches when Mr McGrath cited the ongoing delays to EU directives on tobacco products, reports the Irish Examiner.
“While the implementation environment is challenging, it does not undermine the intention to apply a tax as one tool in the overall public health policy approach to e-cigarettes,” the finance minister said in response to a parliamentary question from Fianna Fáil TD Paul McAuliffe.
“Most excise taxes in Ireland are governed by EU legislation and this helps to reduce compliance and administrative costs,” McGrath said. “As e-cigarettes are not harmonized excisable products, the Revenue Commissioners will be unable to use existing movement controls and tax warehousing for tax collection purposes.”
McGrath confirmed that the e-liquid within vapes will be the primary component that is levied.
December 5, 2023
France Takes First Steps to Ban Disposable Vapes

Credit: Stockbym
France is moving forward with a ban on disposable vaping products. The country’s National Assembly unanimously approved a bill to ban single-use electronic cigarettes because of the product’s environmental impact and tendency to be used by youth.
Lawmakers adopted the bill in a late-night vote on Monday by 104 in favor and zero against.
The bill, supported by the government, will now move to the Senate where it is expected to be adopted. It could go into effect by September 2024, reports ABC News.
This bill is part of a broader trend. The UK, Ireland, and Germany are considering similar measures.
New Zealand and Australia have already implemented restrictions, with the former mandating lower nicotine levels and restrictions on vape shop locations near schools.
December 5, 2023