Category: News This Week

Health Groups: No Evidence Flavors Help Smokers Quit

As manufacturers of e-cigarettes and certain other tobacco products face a Sept. 9, 2020, deadline to apply to the U.S. Food and Drug Administration (FDA) to keep their products on the market, six public health and medical organizations are urging the FDA not to authorize the sale of any flavored products.
“The FDA should not authorize the sale of any flavored tobacco product, including e-cigarettes or e-liquids, because of the clear evidence that flavored products appeal to youth and have driven the current epidemic of e-cigarette use among youth and young adults, and the lack of evidence that flavored products help smokers quit,” the groups wrote in a joint statement.
“Research shows that 97 percent of youth e-cigarette users report using a flavored product in the past month and 70 percent say they use e-cigarettes ‘because they come in flavors I like.’ In contrast, there is no credible evidence that flavored e-cigarettes help adult smokers quit. In a report issued earlier this year, the U.S. Surgeon General concluded, ‘there is presently inadequate evidence to conclude that e-cigarettes, in general, increase smoking cessation’,” the organizations wrote.
The groups also called on the FDA to take prompt enforcement action to remove from the market products for which applications are required but are not submitted by the Sept. 9 deadline.
The organizations that issued the statement are the American Academy of Pediatrics, the American Cancer Society Cancer Action Network, the American Heart Association, the American Lung Association, the Campaign for Tobacco-Free Kids and the Truth Initiative.
August 11, 2020
Myanmar Makes Vaping Illegal After 5-Month Debate

Credit: Bill Oxford
The government of Myanmar has approved a complete ban on vapor products. Experts now say consumers will be forced to look towards the black market or return to combustible cigarettes.
The bill to ban e-cigarettes and shisha won cabinet approval and unanimous support in the lower house five months after it was proposed by by San Shwe Win, a physician representing Yegyi in Ayeyarwady region, according to a story on coconuts.co.
“Today, e-cigarettes and shishas are easily accessible at most bars, nightclubs, [karaoke clubs] and other modern tea shops, restaurants and stores in Myanmar – for all ages and genders. It has become even more popular, and that’s a threat for all the young people out there,” San Shwe Win said at a government meeting.
Vaping has been popular in Myanmar since around 2017, where it has been falsely promoted as a means to quit smoking tobacco. Vape shops have proliferated in Yangon, and smoking pens have become stylish accessories.
Last month, a Myanmar Custom Department petitioned to approve the import of e-cigarettes but was rejected by the Ministry of Health and Sports.
August 10, 2020
Eonsmoke Loses $22.5 Million in First Fraud Lawsuit
Credit: Eonsmoke
The Arizona Attorney General’s Office (AGO) obtained a $22.5 million judgment and a permanent injunction against New Jersey-based vapor company Eonsmoke, LLC. The ruling could set precedent for other states suing vapor companies over marketing practices.
“Eonsmoke is being held accountable for its unlawful conduct in Arizona, including marketing flavored vaping pods to children,” said Attorney General Mark Brnovich. “If you are an Arizona retailer and have Eonsmoke products on your shelves, they are illegal. This final judgment includes comprehensive injunctive relief, and our office will continue to monitor Eonsmoke’s presence in Arizona and ensure its compliance with all state and federal laws.”
Eonsmoke is known for selling its Juul compatible fruit-flavored pods.
Arizona may have to visit the courts again in order to collect any funds from the judgment. Eonsmoke’s website launches with a statement saying it has ceased operations “due to rapidly declining circumstances, coronavirus, regulatory, and competitor litigations.”
The Consumer Protection Section of the AGO filed a consumer fraud lawsuit in January 2020 to stop Eonsmoke from selling illegal vaping products and targeting youth in Arizona. In October 2019, the FDA informed Eonsmoke that it was manufacturing and selling 96 illegal products that did not receive proper FDA approval.
“Eonsmoke is being held accountable for its unlawful conduct in Arizona, including marketing flavored vaping pods to children,” Brnovich said in a statement.
In February 2020, the Superior Court granted the State’s preliminary injunction request, ordering Eonsmoke to immediately cease the sales of illegal vaping products. In the wake of this ruling, the AGO’s Tobacco Enforcement Unit sent over 4,880 letters to retailers informing them that they were facilitating the sale of illegal vaping products, an article on sedona.biz states.
On July 27, 2020, the Court issued a final judgment against Eonsmoke. The judgment:

Permanently enjoins Eonsmoke from: (i) advertising, marketing, or selling any illegal products in Arizona; (ii) marketing, appealing to, or targeting underage consumers in Arizona; and (iii) providing any products to underage consumers in Arizona or distributing products to retailers with three or more violations of the underage sales statutes.

Awards the State a total judgment of $22,535,136:

$21,974,000 in civil penalties

$511,136 in disgorgement of revenues, and

$50,000 in attorneys’ fees

Also in January of 2020, the Arizona AGO, alongside numerous other states and local municipalities, filed a similar consumer fraud lawsuit against Juul Labs.
August 10, 2020
Malaysian Minister Apologizes for Vaping During Session
After being caught vaping during last Thursday”s parliamentary session, Malaysian Foreign Affairs Minister Hishammuddin Hussein said this morning that he did the crime, so he paid the fine.
Malaysian Foreign Affairs Minister Hishammuddin Hussein / Twitter
Days after a nine-second clip of Hishammuddin sneaking in a quick smoke under his face mask went viral on social media, the 59-year-old minister apologized for his “new habit” and vowed “not do it again,” according to a story on Yahoo Singapore news.
“I was compounded and paid the fine,” he said in today’s parliament sitting, referring to Thursday’s incident. “What I have done is wrong and I have already apologized for vaping in the parliament.”
The representative of the Semborong constituency said this after being questioned by Kluang representative Wong Shu Qi, who noted that the current government seems to be practicing a double standard, according to the story.
“I hope we can clarify the issue in which the representative of Semborong was caught vaping in the House of Parliament,” she said, nearly two hours into this morning’s parliamentary sitting. “To outsiders, it looks as if our government practices double standards. Our citizens are fined for flouting the law, but the representatives of the government here seem to have been spared.”
Since January, those found guilty of smoking or vaping in prohibited areas, except designated “smoking zones,” can be fined RM250 (US$60). Failure to pay the fine will result in criminal action that carries a two-year prison sentence and RM10,000 (US$2,300) fine.
August 10, 2020
Malawi Takes Heart From IQOS Approval

Photo: Taco Tuinstra
Tobacco growers in Malawi are hoping that recent marketing orders by the U.S. Food and Drug Administration (FDA) for Philip Morris International’s (PMI) IQOS tobacco-heating device will translate into greater demand for their leaf, according to an article in The Nyasa Times.

One of the world’s leading producers of burley tobacco, Malawi has seen demand for its primary export drop in recent years due to growing health awareness and anti-smoking measures worldwide.

In 2019, Malawi realized only about $232 million after selling 160 million kg of all types of tobacco. By comparison, the country earned $361 million from the sale of 192 million kg in 2014.

On July 7, the FDA issued exposure modification orders to PMI, allowing the company tell consumers that IQOS produces fewer harmful and potentially harmful chemicals than combustible cigarettes. Earlier, the agency approved PMI’s premarket tobacco product application, allowing PMI to sell IQOS in the U.S.

The marketing orders are expected to boost demand for IQOS.

Tobacco remains Malawi’s top foreign exchange earner.
August 10, 2020
Still No House Vote on Bill Ending Online Youth Sales

Credit: Succo
The U.S. House of Representatives has not yet voted on a bill that would end online sales of vapor products to minors. The bill has been “held at desk” for nearly a month. No announcement has been made for when the House would bring the bill to the floor.
On July 1, the U.S. Senate passed the Preventing Online Sales of E-Cigarettes to Children Act (S.1253) by unanimous consent. The legislation aims end online e-cigarette sales to minors by applying the same measures that are required when traditional cigarettes are purchased online.
The National Association of Convenience Stores (NACS) said it strongly supports S. 1253, which “ensures responsible retailing of e-cigarettes and age verification across all channels. The legislation would require online sellers of e-cigarettes to ensure the delivery carrier verifies the age of the recipient upon delivery. It would also require online sellers to collect and remit the appropriate state and local taxes,” according to a story on the NACS website.
These rules are already in place for cigarettes and smokeless tobacco products purchased over the internet after Congress passes the Prevent All Cigarette Trafficking (PACT) Act, in 2010. Language for vapor products was not included in the law.
The House passed its version of the bill (H.R. 3942) on suspension. Given that the Senate bill is slightly different than the House version, the House will need to pass the Senate’s version before it can become law, according to NACS.
August 10, 2020
Canadian Group Concerned By E-vapor Misinformation

Credit: Sarah J
Misinformation in the vapor industry is a growing concern, according to an industry advocacy group. The Canadian Vaping Association (CVA) says its alarmed by the resurgence of media reports inaccurately depicting vaping as being as harmful as smoking, as well as linking vaping to increased COVID-19 symptom severity.
The organization says both claims have long been disproven and it is concerning to see a sudden return of misinformation coming out of the United States.
Darryl Tempest, executive director of the CVA says that disregarding the facts in bad faith jeopardizes the health of millions of smokers globally.
In addition to misleading smokers about the relative harm vaping products pose, Tempest says it is equally troubling to the CVA that many publications continue to link vaping to COVID-19 long after health authorities have verified that there is no proven connection. The Food and Drug Administration (FDA) has stated, “E-cigarette use can expose the lungs to toxic chemicals, but whether those exposures increase the risk of COVID-19 is not known.,” a press release states.
The Science Media Research Center released statements regarding their understanding of vaping and COVID-19, and these statements clearly demonstrate that the scientific community recognizes the great harm reduction potential of vaping products.
“There is no evidence that vaping increases the risk of infection or progression to severe conditions of COVID-19. However, vapers with a long previous smoking history could exhibit conditions seen in vulnerable patients. However, this would not be an effect of vaping but of previous smoking. Since completely switching from smoking to vaping improves cardiovascular and respiratory conditions, smokers who switch to vaping might be expected to have a better prognosis if infected by COVID-19,” said Dr. Caitlyn Notley. “E-cigarettes are the most popular consumer option for stop smoking support, and they are effective. People should be encouraged to switch to vaping rather than continuing to smoke tobacco.”.
August 9, 2020
Taiwan Health Organization Seeking to Ban Vapor Products

Credit Remi Yuan
The director of Taiwan’s top health organization said his agency was seeking to amend the Tobacco Hazard Prevention and Control Act to ban the import and sale of heated tobacco products and e-cigarettes.
During the two-month preview period for the draft amendments, which ended at the end of last month, the Health Promotion Administration (HPA) received more than 4,000 letters from members of the public expressing conflicting opinions on the proposed bans, according to Deputy Director-General Wu Chao-chun yesterday .
Letters from tobacco companies mostly criticized proposals to enlarge the warnings printed on cigarette packages to 85 percent of the front surface area and to raise the legal age for smoking from 18 to 20, Wu said, according to a story in the Taipei Times..
The HPA hopes to submit the draft amendments to the Ministry of Health and Welfare at the end of this month, which would forward them to the Executive Yuan next month for review, he said.
August 8, 2020
New Zealand Enacts Law Restricting Flavors in E-liquids

Credit: Vape Club
The vaping industry in New Zealand has three months to prepare for regulation after a law banning advertising and restricting flavors has passed under the cover of night. It’s taken 620 days to get the law over the line after Associate Health Minister Jenny Salesa promised to regulate the industry in November 2018.
It wasn’t until this year she introduced the bill, which was voted through the House late last night – just before the final sitting day in this term of government, according to an article in The New Zealand Herald.
The Smokefree Environments and Regulated Products Vaping Amendment Bill will come into effect in November of this year. It has broadly been welcomed but some fear it is too restrictive and could result in people using vaping as a smoking-cessation tool to turn back to cigarettes.
The new law will:
• Ban the sale of vaping products to those under the age of 18.
• Prohibit advertising the products and encouraging people to buy them in-store.
• Limit the sale of all flavors to specialist stores, including online retailers, with shops Like dairies, supermarkets and petrol stations restricted to mint, menthol and tobacco.
• Allow speciality stores to continue offering loyalty points and discounts.
• Ban vaping in cars with children.
• Enable all retailers to display products in-store.
• Provide a framework for regulations to be set where people are allowed to vape in or outside premises.
• Introduce a safety system which would allow the Ministry of Health to recall products, suspend them and issue warnings.
August 7, 2020
Taxpayers’ Group Slams Kiwi Curbs on Flavors
Photo: Duh84bk – Dreamstime.com
New Zealand will enact flavor restrictions and ban vapor product advertising in November, reports the New Zealand Herald.
The country’s House of Representatives passed the Smokefree Environments and Regulated Products Vaping Amendment Bill on Aug. 5—just before the final sitting day in this term of government.
Associate Health Minister Jenny Salesa promised to regulate the industry in November 2018 but didn’t introduced the bill until this year. She described the legislation as the most significant change to the Smokefree Act.
The new law will:
Ban the sale of vaping products to those under the age of 18.
Prohibit advertising the products and encouraging people to buy them in-store.
Limit the sale of all flavors to specialist stores, including online retailers, with shops Like dairies, supermarkets and petrol stations restricted to mint, menthol and tobacco.
Allow specialty stores to continue offering loyalty points and discounts.
Ban vaping in cars with children.
Enable all retailers to display products in-store.
Provide a framework for regulations to be set where people can vape in or outside premises.
Introduce a safety system which would allow the Ministry of Health to recall products, suspend them and issue warnings.
Critics said the new rules are too restrictive and could prompt people using vaping as a smoking-cessation tool to turn back to cigarettes.
“The vaping regulations rushed through under urgency are an absolute boon for the tobacco industry,” said Jordan Williams, spokesman of the New Zealand Taxpayers’ Union. “Decreasing the availability of appealing alternatives to cigarettes will keep disproportionately poor New Zealanders on the durries, paying a massive price in excise tax and devastating health outcomes.
“The range of appealing flavors is one of the key attractors for smokers transitioning off cigarettes,” he said. “When someone walks into a convenience store and is denied access to flavored vape liquid but can still buy their favorite cigarette brand, they’re at risk of falling off the wagon. And a complete ban on advertising for vaping products will prevent these brands from appealing to smokers to make the switch,” said Williams.
August 7, 2020