Author: Timothy Donahue

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
DOJ Injunction Filed Against Vape Junkie for Illicit Vapes

Credit: Egokhan
The U.S. Department of Justice (DOJ) today filed a complaint for a permanent injunction against Jessica M. Fitzgerald and Michelle L. Allen doing business as Vape Junkie Ejuice (Vape Junkie Ejuice) for “manufacturing, selling, and distributing unauthorized e-cigarette” products.
The injunction was filed on behalf of the U.S. Food and Drug Administration.
The move represents the seventh time FDA has initiated injunction proceedings to enforce the Federal Food, Drug, and Cosmetic Act’s (FD&C Act) premarket tobacco product review requirements for new tobacco products.
The FDA previously warned Vape Junkie Ejuice that they were in violation of the FD&C Act’s premarket review requirements for new tobacco products by manufacturing, selling, and distributing new tobacco products without first obtaining marketing authorization from FDA, according to the FDA.
The agency’s warning noted that continued violations could lead to further action, including an injunction. However, Vape Junkie Ejuice continued to manufacture, sell, and distribute unauthorized e-cigarette products to consumers, according to the FDA.
“FDA has been abundantly clear that we will not stand by as bad actors choose to blatantly disregard the law, especially after being duly warned. This manufacturer continued to break the law, and that behavior has consequences.”
Brian King, director of the FDA’s Center for Tobacco Products (CTP)
DOJ institutes judicial enforcement actions under the FD&C Act in court. DOJ filed the injunction complaint on behalf of the FDA against Vape Junkie Ejuice in the Middle District of Florida, the manufacturer’s respective U.S. District Court.
If the injunction is handed down, it would require Vape Junkie Ejuice to stop manufacturing, selling, and distributing their e-liquids. The injunction would also require the manufacturer to obtain marketing authorization from the FDA before marketing such products.
“Today’s injunction action should be a clear reminder to all manufacturers: If you continue to sell illegal products, we are equipped to use the full force of the law. FDA is committed to working with federal partners, including the Department of Justice, to enforce the law.”
Ann Simoneau, director of CTP’s Office of Compliance and Enforcement.
Today’s action is part of the FDA’s comprehensive approach to enforcing the law, according to the agency. Within the past year, the FDA has acted against manufacturers, distributors, importers, and retailers of illegal e-cigarette products.
As of Nov. 2023, the FDA has issued approximately 640 warning letters to firms for manufacturing and/or distributing illegal e-cigarette products and devices, issued more than 400 warning letters to retailers for the sale of unauthorized e-cigarettes, filed civil money penalty complaints against 36 e-cigarette manufacturers and 42 retailers for manufacture and/or sale of unauthorized products.
December 4, 2023
Smoore to No Longer Support Youth-Friendly Brands
The largest vaping company in the world, Smoore, says that it will no longer partner with brands that use flavor names, packaging or product designs that are attractive to youth.
The announcement comes during the U.K. Government’s consultation on e-cigarettes that has a focus on addressing youth vaping currently underway. The consultation closes on Wednesday.
A press release states that Smoore wants to help end the use of flavor names such as cotton candy, gummy bear, watermelon bubblegum, and blueberry popsicle. Additionally, the company would like to see an end to the manufacturing and sales of “stealth products” which are vaping products designed to mimic school supplies, toys, soft drinks or cartoon characters.
Smoore has created a list of flavors that it considers youth-friendly and is also creating a vapor flavor detection squad to monitor the market for new flavors that could be considered as being appealing to youth.
“The vape industry represents the best chance the world has ever seen to eradicate deadly cigarettes and we cannot allow this opportunity to be squandered,” Rex Zhang, Strategy Smoore’s strategy director, said. “Vaping was invented for this very purpose and we need to ensure that it is focussed on the adult smoking market.
“There is absolutely no place for any vaping product to look like a child’s toy, be shaped like a much-loved cartoon character or iconic children’s game or be filled with liquid called ‘gummy bear, cotton candy, strawberry milkshake or starry violet.”
Every company under Smoore’s umbrella has been ordered to undertake a root and branch review to ensure that none of its products or customers on the OEM and ODM side of its business could be seen as producing youth-appealing products.
The list of flavors so far includes:

Skittles
Rainbow
Cotton Candy
Donut
Gummy Bear
Bubblegum
Slushy
Starburst
Pink Pop
Ice Cream
Milkshake
Popsicle
Starry Violet
Reindeer
Snow
Christmas
Fruit Smash
Dr Reptile
Sour Patch
Oreo
Jolly
If the company finds brand owners with products that Smoore deems to be child-friendly, Smoore will work with the company to take immediate corrective action, however, if no action is taken Smoore could ultimately discontinue all cooperation with the brand.
The Smoore release also suggested a “no-fly list” to be used by retail and distribution companies around the globe that list the manufacturers of child-friendly products to prevent their products from being sold.
“We want other companies to follow our lead on this because we have to ensure that we stop young people vaping and we strongly believe that this must happen regardless of what the government ends up doing,” Zhang said. “We cannot squander this opportunity to help secure a smoke-free generation and, in order to do this, we need both the general public and governments on our side.
“It is only by uniting as an industry from beginning to end and making a clear commitment to doing all in our power to tackle youth vaping that we will be able to achieve this. The UK has always been seen as a world-leading example in fair and proportionate regulation of the vape industry and let’s not give them any reason at all to move from that position.”
Smoore is also calling for more standardization of product sizes and shapes. The company believes standardization will help create faster “disassembly at waste treatment sites, helping to increase recycling rates of vapes.”
The company is calling for every batch of disposable vapes and pre-filled pods to be randomly sampled for product compliance with whole batches being rejected if any number of non-compliant products are identified.
Such measures are necessary to motivate the compliant brands and producers while punishing the offenders,” the release states. “A strict, yet open, marketplace will encourage more innovations in the industry to create products that will serve its job even better with every new generation.”
December 4, 2023
Canopy Growth, Martha Stewart Launch New CBD Line
Credit: CNW Group/Canopy Growth Corporation
Martha Stewart CBD has launched a line of need-based CBD gummies.
The new line was developed in response to consumer demand for targeted solutions that address their most common needs: sleep, stress, and the discomfort of aches and soreness, according to press release.
Each product is formulated with higher levels of CBD and powerful co-active ingredients selected for their known efficacy.
“I’m often asked how I maintain my energy with such a busy schedule, and for me it’s essential to start each day well-rested, unbothered, and pain-free,” said Stewart, a chef, television personality and entrepreneur. . “I discovered CBD several years ago as a simple, effective, and natural solution to help address the discomforts of everyday life. Having benefited greatly from it myself, I set out to create a delicious and premium line of gummies that taste as good as they make you feel.”
In partnership with Marquee Brands and Canopy Growth Corporation, Stewart’s new solution-oriented formulations combine “her signature elevated flavor profiles with Canopy Growth’s unique consumer insights” and industry innovation. The new offerings include:

Sleep CBD Gummies: A berry medley with notes of Montmorency cherry, elderberry, and boysenberry;
Chill CBD Gummies: A citrus-forward concoction of tangerine, yuzu, and pomelo;
Extra Strength CBD Gummies: An orchard-inspired blend of pluot, apricot, and California red peaches.
“As consumers focus on finding the ways to feel their best, CBD use continues to grow, fueled by categories like gummies that have become an integral part of wellness routines,” said Tara Rozalowsky, chief growth officer and president for Canopy Growth, according to a press release. “Martha Stewart is a trusted household name because people of all ages turn to her for candid advice and simple, sensible solutions to everyday problems. The new Martha Stewart CBD needs-based gummies deliver just that – accessible, reliable relief when and where you need it most.”
December 1, 2023
Elf Bar Removing Some Flavors From UK Market
Vaping brands Elfbar and Lost Mary say they will drop dessert and soft drink flavors from the UK market.
Elfbar called for a new licensing regime similar to the ones for cigarettes and alcohol.
Elfbar and Lost Mary make up more than half of the UK’s disposable vape sales, according to data firm NielsenIQ.
The government consultation on new rules for vapes closes on 6 December, reports the BBC.
The dazzling range of flavors has helped to turn disposable vapes into a market worth billions of pounds in the UK in a few short years, with Elfbar and Lost Mary taking the lion’s share. They’re both owned by the Chinese firm Shenzhen iMiracle Technology.
Elfbar has already dropped Bubble Gum, Cotton Candy, and Rainbow Candy flavors, with more expected to follow. Gummy Bear was renamed Gummy and is now called Gami.
A spokesman said these will take some time to filter through the supply chain, so it may take a while for the changes to become apparent on the shelves.
Some flavors may reappear under different names, and a decision hasn’t been taken about Cola flavor, which Elfbar says can appeal to adults and children.
The company also called for tighter restrictions on vape sales, including a licensing regime for retailers and rules requiring them to display vapes behind the counter.
“The introduction of such a regime would mitigate children’s access to vapes and make it easier for the authorities to regulate the sale of vaping devices better. Furthermore, we believe it would help combat the growing illicit vape market and drive increased rates of vape recycling,” an Elfbar spokesman said.

Credit: Nawadoln
November 30, 2023
Bidi Vapor Calls for Removal of Non-Compliant Vapes

Credit: Iama Sing
During a recent webcast, Bidi Vapor leadership called on the U.S. Food and Drug Administration to do more to stop the flood of non-compliant vaping products from entering the market.
In a recently produced webcast, “Vape Update: Getting Noncompliant Devices Off the Market,” Bidi Vapor executives detailed current enforcement activities the agency has been ramping up throughout the industry and touched on potential solutions, such as tracking scan data to identify unlawful companies.
“It’s a major public health concern when these illicit, noncompliant and non-regulated products are overtaking the legal products,” said Niraj Patel, CEO of Bidi Vapor. “These illegal products used to be in just mom-and-pop stores, but now, these products are breaking into the franchise market, and showing up in the Nielsen numbers. But this list also puts pressure on the FDA and all other law enforcement agencies to do their jobs.”
Data from Nielsen, a New York-based data-collection firm, has the ability to provide the information needed to make a larger impact on the illicit market, according to Russell Quick, president of Bidi Vapor’s marketing firm, Kaival Marketing Services, reports CStoreDecisions.
Photo: Kaival Brands Innovations Group
“Law enforcement can now track the supply chain,” Quick said in the webcast. “We can identify the distributors and retailers that are selling these non-compliant, illegal, illicit products. So both federal and state level authorities can issue warnings, fines, civil penalties or even harsher monetary penalties to these companies that are participating in and distributing these illegal products.”
Bidi Vapor also produced two related infographics on illicit vape products and the illicit market to accompany the webcast. To download the graphics: “How to Spot Illicit Vape” and “Rise of Illicit Vape.”
The full webcast can be found here.
November 30, 2023