Author: Timothy Donahue

Kaival Brands: Scan Data Key to Beating Back Black Market

At a conference of administrators, attorneys, and businesspeople on tobacco regulation, Russell Quick, president of Kaival Marketing Services, said regulatory agencies can use the same data in a recently published ranking of disposable vape devices as a “roadmap” to identifying companies marketing illegal vaping products.
Quick, whose company markets the Bidi Stick brand of electronic nicotine delivery system (ENDS), spoke at the Tobacco and Nicotine Products Regulation and Policy Conference sponsored by the Food and Drug Law Institute (FDLI) in Washington, D.C.
He said a ranking from New York-based Nielsen shows 10 of the 11 named disposable ENDS were not compliant with the U.S. Food and Drug Administration’s regulatory processes, according to a press release.
Thirty-four companies were named in a lawsuit filed in October by Altria subsidiary NJOY over non-compliant products.
“Scan data now is at our fingertips … and you can literally pull this data to see which retailers are selling which non-compliant product and which wholesalers are distributing [these products] — that’s one good way to revolutionize vape enforcement,” Quick told the roughly 200 attendees during a panel discussion. “What’s really hurting the industry are illegal, non-compliant bad actors in the U.S. vaping market undermining the potential of e-cigarettes to help adult smokers quit.”
Quick said that if law enforcement agencies started using scan data to call out illegal activity, the vaping industry could ultimately regulate itself. “Most major stakeholders already follow the rules,” Quick said, “but non-compliant companies take a major share of the market.”
For its part, Bidi Vapor submitted premarket tobacco product applications (PMTAs) to the FDA for all 11 of its flavored devices, which are currently under scientific review.
During the PMTA evaluation period, Bidi Vapor can market its Bidi Stick products, subject to FDA enforcement discretion.
November 14, 2023
FEELM2.0 Vape Solution Scores Major UKVIA Award

Smoore International, parent to FEELM and Vaporesso vaping brands, received awards two major awards at the UKVIA Vaping Industry Forum.
Smoore scored awards for the Best Innovation in the Vaping Industry for its FEELM2.0 technology solution that was voted on by attendees event. The company also won the Most Responsible Vaping Business at the UKVIA Vaping Industry Forum.
The annual UKVIA forum is the largest vaping industry event in the UK. The event focuses on the major opportunities and challenges in the industry, attracting key figures from the government, parliament, regulatory bodies, the healthcare community, retail sector and research community.
Rex Zhang, the strategy director for Smoore, made the point that the major challenges of the disposable vaping sector could all be contributed to the lack of innovation at the core of vaping technology.
The stagnation has pushed consumers to look elsewhere for better value while also creating a homogeneous competition between brands.
“Inter Scientific has tested FEELM2.0 with the top sellers on the market in their UK labs. Inter Scientific procured seven disposable vapes from each of the Top 3 brands and included our new solution to be measured in several dimensions,” said Zhang. “All samples were measured to be within the compliant volume and nicotine level and the report shows a very evident improvement in two main aspects.
“Our new solution is proven to pretty much double the industry average of puffs, over 1000 puffs within a 2mL container. Also, solving the pain point of waning flavors, FEELM2.0 keeps the vapor volume consistent with only 3 percent variation, compared to others which would have flavor drop off with variation of vapor volume up to 47 percent. The consistency of vapor volume is directly correlated to the consistency of flavor quality.”
November 13, 2023
Attorney General of Virginia Pens Letter to U.S. FDA

Credit: RawF8
Virginia Attorney General Jason Miyares sent a letter to the U.S. Food and Drug Administration commissioner asking for increased regulation of illegal electronic nicotine delivery systems (ENDS) products.
Miyares emphasizes that despite efforts to curtail underage access to vaping and e-cigarette products, there is no centralized enforcement mechanism or license to hold shops accountable.
Additionally, many illegal knock-off ENDS products are being brought into the country from China and pose the risk of being laced with fentanyl, Miyares claims. He says the FDA must focus on bolstering enforcement and regulation to mitigate the possible risks associated with youth-targeted products.
The letter states that “the Associated Press recently advanced the opinion that the influx of illegal disposable ENDS products are due to ‘the Food and Drug Administration’s inability to control the tumultuous vaping market more than three years after declaring a crackdown on kid-friendly flavors.’”
November 12, 2023
Louisiana Releases Approved Vape Products List

Credit: Steheap
Louisiana’s new law bans retailers from selling vape products not listed on a state-approved registry, known as the V.A.P.E. Directory.
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 on Friday.
The list’s release came after a 19th Judicial District Court judge decided not to grant a temporary restraining order that would have stopped the Louisiana ATC from halting the sale of specific products.
Lawmakers during the 2023 legislative session passed HB 635. It increased the state’s tax rate on vape products and limited the sale of products to only those approved by the FDA.
The law is being challenged by the Louisiana Convenience and Vape Association, which argues it is unconstitutional. Whether or not the law remains on the books will be determined by a judge at the 19th Judicial District Court who will decide whether to stop the ban on those products in the coming weeks.
With the time both parties have until they return to court, plaintiffs will try to get the attorney general involved since a constitutional challenge is being made. We reached out to the LCVA for comment but did not hear back.
Part of the law raised the tax on vape liquid from 5¢ to 15¢ per milliliter. Those extra tax dollars are designated for state trooper salaries. However, the LCVA argues the law will wipe out at least 60% of the products off their shelves and, therefore, not result in the revenue increase lawmakers expect.
November 12, 2023
COP10 Postponed Until 2024, No Date Announced

Photo: Maksym Yemelyanov
The Tenth session of the Conference of the Parties (COP10) to the WHO Framework Convention on Tobacco Control (FCTC) and the Third session of the Meeting of the Parties (MOP3) to the Protocol to Eliminate Illicit Trade in Tobacco Products have been postponed to 2024.
“Following communication received from Panama, the host country of the Tenth session of the Conference of the Parties to the WHO Framework Convention on Tobacco Control and the Third session of the Meeting of the Parties to the Protocol to Eliminate Illicit Trade in Tobacco Products, it is no longer possible to conduct COP10 and MOP3 in November 2023, as scheduled,” the FCTC wrote on its website.
The sessions are expected to be held in Panama, as early as possible in 2024, at dates to be confirmed.
The postponement of COP10 and MOP3 is due to the current security situation in Panama, which has been shaken by mass protests about a government contract that allows a Canadian company to expand its copper mining operations there.
The Convention Secretariat said it will communicate further details in relation to COP10 and MOP3, as soon as available.
November 9, 2023
U.S. FDA Warns Online Retailers for Illegal Vape Sales

The U.S. Food and Drug Administration issued warning letters to seven online retailers for selling unauthorized vaping and e-cigarette products.
According to a press release, the warning letters cite the sale of “popular and youth-appealing” disposable products marketed under the brand names Elf Bar, EB Design, Bang, Cali Bars, and Lava.
The warning letters were aided by FDA’s ongoing monitoring of multiple surveillance systems to identify products that are popular among youth or have youth appeal, the agency states.
Findings released last week from the 2023 National Youth Tobacco Survey found that more than half of current youth e-cigarette users reported using the disposable e-cigarette brand Elf Bar; earlier this year, the manufacturer of Elf Bar began marketing the product under the name “EB Design.”
In addition, the brands Bang, Cali Bars, and Lava were identified as popular or youth appealing by the agency following a review of retail sales data and emerging internal data from a survey among youth, according to the agency.
“FDA’s robust surveillance of the e-cigarette landscape helps us to identify youth-appealing products and to act quickly to protect public health,” said Brian King, director of FDA’s Center for Tobacco Products (CTP). “The goal is to identify, prevent, and reduce these risks to our nation’s youth before they escalate further.”
The retailers receiving warning letters sold or distributed e-cigarette products in the United States that lack authorization from FDA, in violation of the Federal Food, Drug, and Cosmetic Act, according to the agency.
Warning letter recipients are given 15 working days to respond with the steps they’ll take to correct the violation and to prevent future violations. Failure to promptly correct the violations can result in additional FDA actions such as an injunction, seizure, and/or civil money penalties.
In the past year, the FDA has issued more than 400 warning letters to retailers for the sale of illegal e-cigarettes, including through a series of nationwide inspection efforts of brick-and-mortar retailers that resulted in civil money penalties issued to more than 40 retailers nationwide for the highest amount levied to date.
“CTP will continue to closely monitor all those in the supply chain, including retailers, for compliance with federal law,” said Ann Simoneau, director of the Office of Compliance and Enforcement within CTP. “As always, we will hold anyone accountable who sells unauthorized e-cigarettes labeled, advertised, and/or designed to encourage youth use.”
The FDA has authorized 23 tobacco-flavored e-cigarette products and devices.
November 9, 2023
Study: Toys Produce More E-Waste Than Vape Products

Credit: Damrong
New research from the United Nations suggests that toys are a much larger contributor to electronic waste than vaping products.
The Waste Electrical and Electronic Equipment (WEEE) Forum recently collaborated with the United Nations Institute for Training and Research to quantify how much electronic waste the world disposes of without realizing it has the potential to be recycled.
According to the analysis, 9 billion kilograms of so-called “invisible” e-waste, worth nearly $10 billion, is thrown away yearly. Around one-third of this waste comes from children’s toys containing some 3.2 billion kilograms of hidden electronics.
Toys contribute 77 times more to the world’s invisible e-waste than vapes, which account for 42 million kilograms annually. The UN estimates that 844 million vapes are thrown away every year, according to recent media reports.
“Electronic waste is our fastest growing waste stream,” says Oliver Franklin-Wallis, the author of Wasteland, a book on waste disposal. “It’s also by far our most valuable waste stream when it comes to household waste.”
However, very few people realize that many common items they dispose of contain e-waste. Magdalena Charytanowicz, at the WEEE Forum, highlighted that that was the purpose of the research.
“We’re trying to make people understand that the items they may not suspect are electronics actually do contain a lot of precious materials, like copper and lithium.”
November 9, 2023
Maine Anti-Vape Group Petitioning for Flavor Ban

Credit: Fellow Neko
Supporters of a nicotine product flavor ban gathering signatures as voters hit the polls Tuesday in Maine.
The Flavors Hook Kids Maine Coalition has been at several polling places around the state claiming they want to continue putting names behind the statewide flavor ban effort as the House of Representatives considers the bill in the next legislative session.
The bill passed in the Senate this year. However, the Maine Legislature tabled a bill to end the sale of flavored tobacco products statewide last year.
They say the most recent polling shows 63 percent of Mainers strongly support a ban on flavored tobacco and vaping products.
One of their biggest goals is to reduce teen vaping and tobacco use.
”To a young person whose brain is not yet fully formed at the age of 15, 16 years old, nicotine is even more addictive because of that,” said Dan Cashman, Flavors Hook Kids Maine spokesperson. “So, the reason for getting them hooked on nicotine is to get them hooked on tobacco. It’s a pretty easy line to draw from one to the next and none of it is okay.”
It’s been a hot topic in Maine with some health advocacy groups claiming flavored vaping and other tobacco products are marketed toward children while many shop owners owners say banning it would be a big blow to business.
The bill sought to make statewide prohibitions that are already in place in Portland, South Portland, Brunswick, Bangor and Bar Harbor.
November 9, 2023
Vaping Ban Suit in Panama to be Heard by High Court

Credit: Evgenia
The Supreme Court of Panama has decided to hear a lawsuit challenging the constitutionality of the country’s ban on e-cigarettes and heated tobacco products.
In early August, the Panamanian Tobacco Harm Reduction Association (ARDTP) filed a lawsuit with the Supreme Court, arguing that Law No. 315, which prohibits the use, sale, and import of e-cigarettes and heated tobacco in the country, is unconstitutional and should be repealed.
The Panama Association for Tobacco Damage Reduction (ARDTP) had its appeal case advanced by the Supreme Court on Sept. 21 following a lawsuit, according to media reports.
If the Supreme Court deems the unconstitutional statement valid, the 315 bill will return to the legislative body for modifications.
Once the bill is amended, it will be resubmitted to the Supreme Court to confirm its constitutionality. A proposed new law is being drafted to replace the current 315 bill, thereby supporting provisions based on “risk.”
Panama is one of several Latin American countries, including Mexico, Argentina, and Venezuela, that have implemented strict legislation since 2022 to restrict the use, sale, and import/export of vaping products.
Many harm reduction advocates argue that the enactment of such legislation has resulted in the creation of a black market for safer nicotine products within their respective countries.
The World Vapers Alliance (WVA) states that Panama’s Supreme Court’s decision to hear this lawsuit is a positive first step.
November 8, 2023
Ohio Votes to Legalize Recreational Marijuana Sales

Credit: Adobe Photos
Ohio is the 24th U.S. state to allow adult marijuana use for non-medical purposes. Voters in the state approved a measure legalizing recreational marijuana on Tuesday, defying Republican legislative leaders who had failed to pass the proposed law.
“Marijuana is no longer a controversial issue,” said Tom Haren, spokesman for the Coalition to Regulate Marijuana Like Alcohol. “Ohioans demonstrated this by passing State Issue 2 in a landslide. Ohioans are being extremely clear on the future they want for our state: adult-use marijuana legal and regulated.”
The new law will allow adults 21 and over to buy and possess up to 2.5 ounces of cannabis and to grow plants at home. A 10 percent tax will be imposed on purchases, to be spent on administrative costs, addiction treatment, municipalities with dispensaries and social equity and jobs programs supporting the industry itself.
The election’s outcome represents a blow to GOP lawmakers, Republican Gov. Mike DeWine and business and manufacturing organizations concerned about its impact on workplace and traffic safety, according to the AP.
But as a citizen-initiated statute, the law is subject to change. Republicans who remain opposed to it in the Legislature are free to make tweaks to the law — or even repeal it, though the political stakes are higher now that the voters have approved it.
LeafLink, a large wholesale cannabis marketplace, commended Ohio residents on approving Issue 2 and urged lawmakers to promptly enact the law as passed.
“This vote presents a tremendous opportunity for the state where legal adult-use sales are projected to exceed $1 billion annually,” Policy Director Rodney Holcombe said in a statement. “This move puts Ohio in league with 23 other states that have taken this significant stride forward. We have witnessed firsthand the positive impact of legalized cannabis, including job creation, tax revenue for vital government services and unique business opportunities for entrepreneurs.”
November 8, 2023