Category: News This Week

  • EU Menthol Ban Could Help Smokers Switch

    EU Menthol Ban Could Help Smokers Switch

    Photo: VPZ

    U.K. vapor industry representatives are hoping that the EU ban on menthol cigarettes that comes into force today will encourage more smokers to transition to less-hazardous vapor products.

    The ban of menthol cigarettes comes from the EU Tobacco Products Directive (TPD), banning all cigarettes and rolling tobacco with “characterizing flavor” other than traditional tobacco.

    The ban originates from a range of tobacco control measures approved by the European Parliament in 2013, with revisions including mandating the banning of menthol cigarettes by 2022.

    In the U.K. there are an estimated 1.3 million menthol cigarette smokers.

    Research by the U.K. Vaping Industry Association, the largest trade domestic body representing the sector, shows that menthol vapor products sold by its retail and wholesale members represent an average of 16.5 percent of all sales and nearly double this number, at 30.75 percent, for manufacturers producing such products.

    The data suggests that menthol cigarettes are used by up to 12.4 percent of smokers in England, while global sales in 2018 exceeded $80bn. Currently, some 14.4 percent of the adult population in England smoke and there are some 7m smokers across the UK.

    Doug Mutter

    “I think in normal circumstances this move could have had the potential to significantly reduce smoking rates in the U.K.,” said Doug Mutter, director of manufacturing and compliance at VPZ, a leading vapor company in the U.K.

    “However, with vaping stores closed and stop smoking services shut, it remains to be seen how we can engage menthol smokers and encourage them to make the switch.

    “This is the biggest change to tobacco law since plain packing was introduced.

    “For the vaping industry it presents an opportunity to help smokers finally make the switch, and whilst that will be harder with stores still closed, we believe that vaping presents the best opportunity to stamp out cigarettes for good.

    “VPZ has built a digital platform for advice and guidance on smokers switching to vaping for the first time as well as how to pick the best products to help them quit.

    “We are expecting a growth in the number of new vapers in the U.K, so it was important to us to use our expert staff to help create a guide for menthol smokers looking to quit through vaping.

    “From which device best suits your needs to what strength of nicotine is required, we have tried to cover as many questions as possible. We have even put together some starter kits covering all categories to help with any first-time decision as we appreciate the first step can be daunting, without the opportunity to visit one of our stores.

    “It will be difficult for many people just now because vape stores are closed and the temptation to go back to traditional cigarettes is everywhere.  We are talking about over one million people in the UK will now not have their menthol cigarettes available and we hope that they are beginning to research which stop smoking products can best help them quit.

    “Our message to smokers across the country is that the best time to quit cigarettes is now.”

  • Foundation Seeks Stricter Vapor Rules in Taiwan

    Foundation Seeks Stricter Vapor Rules in Taiwan

    After receiving complaints from parents about shops near schools, the John Tung Foundation has called for stronger government regulation of electronic cigarettes and other new types of tobacco products.

    The foundation, which is marking its 36th anniversary today, told a news conference in Taipei that it received a report from a mother of a senior-high school student in northern Taiwan about a shop selling smoking accessories that recently opened across the school, according to a story on taipeitimes.com.

    The school has 2,300 students and teachers, the foundation said. Other parents have also complained about a newly opened shop selling electronic cigarettes near two elementary schools in northern Taiwan, it said.

    To avoid inspections, some sellers allegedly use the sale of smoking accessories as a guise when, according to the parents, various tobacco products can still be purchased inside the stores, the foundation said.

    The Ministry of Health and Welfare has over the past three years repeatedly emphasized that electronic cigarettes and heated tobacco products are illegal, foundation chief executive officer Yao Ssu-yuan said.

    However, sellers have continued to open stores, he said, adding that the foundation fears sellers are confident that electronic cigarettes and heated tobacco products would be allowed.

  • PMI Gets ‘Brexit-Proof’ Patent Protection for IQOS

    PMI Gets ‘Brexit-Proof’ Patent Protection for IQOS

    Credit: iQOS

    Last week, a London judge granted Philip Morris International (PMI) an injunction prohibiting a Chinese competitor from putting an alleged “knock-off” of its smokeless tobacco-delivery device on the market in the U.K. because of European design protections.

    As part of his ruling, High Court Judge Anthony Mann granted the tobacco giant’s request for default judgment in the case since defendants Shenzhen Shunbao Technology Co. Ltd. had not participated in the proceedings. He also granted Philip Morris’ request to extend the intellectual property protections the company currently has for its product under a European Union registered community design so it will remain in effect in the U.K. after Britain leaves the bloc, according to information on law360.com.

    “I have satisfied myself that all of the relief included in the order, including the references to various Brexit matters, are forms of relief for which the claimants would be entitled, had they fully proved everything that they had pleaded in their particulars of claim,” Judge Mann said at the conclusion of a video conference hearing.

    The smoking device dispute wafts back to November 2018 when Phillip Morris first sued Shenzhen for infringement of its registered design. The product design is for a “smoke-free alternative to cigarettes,” according to Philip Morris, which markets the device under the trademark name IQOS, according to law360. The tobacco-delivery system includes tobacco “sticks and a rechargeable holder that heats up, the registered design relating specifically to that device.”

    Phillip Morris filed its claim in the U.K. shortly after discovering the rival company had created a “cheap knock-off” smokeless product called AMO, that was already being marketed in China, according to its written arguments to the court.

    No representative of Shenzhen was present at Monday’s hearing. “It is a straightforward case where the defendant has simply refused to engage with the proceedings,” Philip Morris told the court in its filing. Monday marked the second hearing Philip Morris had over its bid for a final injunction. A different judge determined in February that the tobacco company could serve Shenzhen and several individual company representatives by email.

    Philip Morris lawyer James Abrahams said his client was unable to deliver documents related to the proceedings to one individual, a Cherry Zhou, as the email sent was “kicked back” and she later informed Philip Morris’ Chinese legal representatives that she had left Shenzhen.

    The injunction granted by Judge Mann on Monday prohibits the Chinese competitor from marketing its infringing product. The order would also allow Philip Morris to pursue any profits Shenzhen made with its device in the U.K., although its written argument notes that “it does not currently appear proportionate to pursue an inquiry for damages or an account of profit.” The written filing also notes that a registered community design is seen as an EU right, so it currently only has effect in the U.K. pursuant to the Brexit Withdrawal Agreement. That will end in the U.K., “as things stand, at the end of the transitional period at the end of this year,” the filing says.

    And while a provision of the withdrawal agreement currently provides that at the end of the transition period, holders of registered designs “will enjoy an equivalent U.K. registered design,” Philip Morris asked for — and the court granted — permission to come back to the court if there are any unexpected changes to that as Brexit unfolds.

    “We do not know for certain how the law will change at the end of the transition period and the parties ought to be able to apply to the court to deal with such changes,” Philip Morris stated. In a written statement, Philip Morris’ counsel at Bird & Bird LLP emphasized that the injunction will continue to protect the design after Brexit.

    “The order granted suggests that the courts are ready and willing to grant Brexit-proof orders where needed,” the law firm said. “This will be a relief to litigants seeking as much certainty as possible with regard to the post-transition period arrangements.”
    Philip Morris is on the other end of infringement litigation over its IQOS system in the U.S. R.J.
    Reynolds Tobacco Co. is calling on the U.S. International Trade Commission to probe Philip Morris’ tobacco vaping product imports, claiming the tobacco heating system infringes patents covering R.J. Reynolds’ vaporizers.

  • Explosion at Los Angeles THC Oil Refinery

    Explosion at Los Angeles THC Oil Refinery

    Credit: SkyNews

    An explosion in downtown Los Angeles has injured 11 firefighters, with scores more sent to put out the blaze in a factory that produces cannabis oil.

    Captain Erik Scott of the Los Angeles fire department said “one significant explosion” shook the neighborhood around 6.30pm on Saturday and as first responders arrived they saw firefighters emerge from the building with burns and other injuries. Some of their uniforms were on fire, according to an article posted on theguardian.com.

    Four firefighters were taken to a burns intensive care unit, two were put on ventilators due to signs of swelling airways and the other five who were hospitalized suffering a range of burns. The two firefighters on ventilators appeared to have inhaled superheated gases but as of around 10pm local time it seemed none of the injuries were life-threatening, said the fire department’s medical director, Marc Eckstein.

    Firefighters were initially called to 327 East Boyd Street in the city’s Toy District for a report of a fire at a one-storey commercial building, the article states.

    The LA fire department issued a “mayday” call, which means a firefighter is missing, down or trapped, and characterised the blaze as a “major emergency” with more than 230 firefighters responding. The fire spread to several nearby buildings but by 7.15pm appeared largely under control.

    When the firefighters first entered the building before the explosion they saw “light to moderate smoke”, but also noticed that the pressure and heat was increasing inside, said fire chief Ralph M Terrazas: “Things didn’t seem right.” The firefighters moved to evacuate at this point and as they were starting to exit, the “explosion or flash” occurred, prompting the mayday call, he said. Some of their coats caught fire, the article states.

    Scott described the business as a maker of “butane honey oil.” Butane is a flammable gas. Making the oil involves extracting the high-inducing chemical THC from cannabis plants to create a highly potent concentrate also known as hash oil. The oil is used in vape pens, edibles, waxes and other products.

  • PMI Probed for Heating Element Patent Breach

    PMI Probed for Heating Element Patent Breach

    Photo: R.J. Reynolds Vapor Co.

    The U.S. International Trade Commission (ITC) has opened a probe into vapor products imported by cigarette giant Philip Morris USA (PM) after R.J. Reynolds complained that PM’s tobacco-heating system infringes Reynolds’ patents, according to a report by Law360.

    The investigation will determine whether the IQOS tobacco vaporizers marketed by Philip Morris and parent company Altria use tobacco-heating systems and sticks that violate patents for R.J. Reynolds’ Vuse vaping system. R.J. Reynolds seeks cease-and-desist orders barring imports of the allegedly infringing products.

    The patents describe a device that heats tobacco held in a removable cartridge to 350 degrees when vapors containing nicotine are released without producing smoke, according to R.J. Reynolds’ April 9 complaint to the ITC.

    R.J. Reynolds, which is owned by British American Tobacco, said Philip Morris has sold the alleged copycat IQOS system in the U.S. since October 2019 and has imported the product from manufacturers in Italy, Switzerland and Malaysia for years to use in clinical testing.

    “We believe the allegations are without merit, and we are fully prepared to defend ourselves,” Philip Morris spokesman Corey Henry told Law360 in a statement Wednesday, noting the company has spent $7 billion developing its smoke-free tobacco products over the past two decades.

    R.J. Reynolds filed a suit accusing Altria and Phillip Morris of six counts of trademark infringement in Virginia federal court the same day R.J. Reynolds filed its ITC petition. In that case, the company seeks treble damages and court declarations that Altria and Philip Morris have infringed its intellectual property.

    Photo: PMI
  • Los Angeles Vape Shops Challenging Flavor Ban

    Los Angeles Vape Shops Challenging Flavor Ban

    Credit: John Caroro

    A new Los Angeles County ordinance that prevents the sale of flavored tobacco products is being challenged in court by vape shop owners.

    On May 4, CA Smoke & Vape Association and Ace Smoke Shop filed a federal lawsuit against the rule that also requires businesses to obtain two additional licenses and imposes new tobacco product standards according to legalnewsline.com, the “great majority” of vapor products and devices will be prohibited, the lawsuit says. It complains that products containing THC are exempted, even though it is “the primary source linked to the outbreak” of recent illnesses, the lawsuit states.

    “Similarly, the ordinance makes no distinction between the black-market vaping products at the center of that outbreak and the FDA-regulated products produced by legitimate manufacturers,” the lawsuit states. “Instead, the ordinance implements a blanket prohibition on the sale of flavored tobacco products to all persons, threatening to destroy an entire industry and the livelihoods of Los Angeles County residents.”

    The plaintiffs in U.S. District Court for the Central District of California case number 2:20-cv-04065 are represented by Jawlakian Law Group.

     

  • New York’s Flavored Vapor Products Ban Begins May 18

    New York’s Flavored Vapor Products Ban Begins May 18

    Credit: Dylan Nolte

    Sales of flavored vapor products come to close in the U.S. state of New York at retail stores beginning Monday May 18. Monday also brings a close to the sale of all tobacco products at pharmacies.

    “Healthcare-related entities should not be in the business of selling tobacco, the leading cause of preventable death in New York State,” wrote Gov. Andrew Cuomo in a press release. “Ending the sale of tobacco and e-cigarette products in pharmacies will help reduce the availability, visibility and social acceptability of tobacco use, especially to youth.”

    The measure also makes it illegal to sell electronic nicotine delivery systems (ENDS) online, by phone and by mail order.

    New York became the first state in the country to ban flavored electronic cigarettes in September of last year. Cuomo announced the decision as part of a series of efforts to combat the increase in young people using vape products. Cuomo said in a statement that it was “undeniable” that flavors like bubblegum and cotton candy are deliberately designed to target youths.

     

  • Dutch Considering Tougher Stance on Vaping

    Dutch Considering Tougher Stance on Vaping

    Health officials in the Netherlands are considering a stricter approach to electronic nicotine delivery systems (ENDS). Junior health minister Paul Blokhuis has told MPs he is considering extra legislation to limit the use of e-cigarettes following research which shows they are widely used by teenagers.

    Electronic cigarettes are more dangerous to health than first thought and are seen by teenagers as a first step to smoking real cigarettes, according to a new fact sheet produced by the Trimbos addiction clinic on behalf of the health ministry, according to a story on dutchnews.nl.

    Fifteen years after they first came on the market, some 3.1 percent of Dutch adults now use an e-cigarette on occasion, Trimbos said. Their use is largely seen as a way to stop smoking cigarettes, although almost three quarters of users still smoke in the traditional way, according to the story.

    However, the organisation also stated that the health of the Dutch would be best served if the use of e-cigarettes is restricted to hardened smokers who cannot stop using other tried methods. “The new Trimbos insights raise questions about introducing additional legislation,” Blokhuis said in his briefing to MPs. The minister will now study the research in more detail and, according to the Telegraaf, a ban on flavourings is one of the options being considered.

  • Imperial Opinion: New Zealand Vapor Sales

    Imperial Opinion: New Zealand Vapor Sales

    Credit: Dan Freeman

    Dr Grant O’Connell, Strategic Science and Policy Engagement Director, Imperial Brands, explains why Imperial Brands decided to sell vaping products in New Zealand ahead of new legislation designed to legalize the next generation of nicotine products in an opinion piece with Scoop, a New Zealand independent news outlet.

    For the past five years, New Zealand smokers have been embracing the new generation of less harmful alternatives such as e-cigarettes. The number of adult smokers vaping in New Zealand is growing along with new devices, flavours and nicotine levels that suit the very individual habits of smokers.

    These dramatic shifts in smoker behaviour, and the maturing of the vape category itself, occurred at a time of great uncertainty. No one knew the legal status of these products. The Government now accepts the scientific consensus that vaping is significantly less harmful than smoking, so getting more smokers to transition is a desirable public health goal. This mature policy objective has been praised by public health experts here and overseas.

    That should not be surprising, as public health experts have accepted the “harm reduction” approach to diseases and addictions for some decades now. Harm reduction involves a range of pragmatic policies, regulations and actions that either reduce health risks by providing safer forms of products or substances or encourage less risky behaviours.

    It was initially developed for adults with substance abuse problems where abstinence was not practically achievable. It has successfully reduced teen pregnancies, sexually transmitted diseases, and risky alcohol use. Harm reduction strategies have reduced morbidity and mortality.

    Harm reduction is at the heart of the Government’s planned legislation on vaping. The aim is to utilise the appeal and accessibility of vape products to transition adult smokers. The only practical challenge is that vaping products need to be sold publicly, like many other “R18” things. That creates a small challenge to prevent vaping being used regularly by youth and those who never have smoked or are unlikely to smoke.

    This is the challenge being wrestled with by the Health Select Committee looking at the Bill. They are weighing the evidence and personal testimony of hundreds of vapers, retailers, manufacturers and public health experts. It is exactly the same challenge we faced when we decided to launch our global vaping brand myblu in New Zealand.

    Without legislation and regulations to guide us, we had to consider advantages to public health, practicalities of availability and restrictions on sale, and consumer safety parameters. We deliberated what the product should look like, where it should be available, and how it should be advertised or promoted in store. And importantly, who it shouldn’t be available to.

    Underpinning all of these discussions and the decisions we made, was that we would apply our global best practice in lieu of any regulatory framework. The approach we’ve taken achieves the regulatory balance the Select Committee is looking for.

    Our vaping products are as available for smokers to purchase as our combustible ones. Myblu is available for sale at our network of dairies and convenience stores throughout New Zealand and we do this because familiarity of the retail store and convenience for access are necessary for adult smokers to transition.

    Store managers are equipped with information so they can talk to smokers, to help them understand the reduced risk potential with vaping and how to begin their transition. We offer a small but varied range of flavours and strengths and our products are clearly labelled in English and Maori with warning messages describing the addictiveness of nicotine.

    Like many in the industry, we self-imposed an R18 age restriction on all sales of myblu. Marketing and advertising do not target youth or seek to glamorise vaping. Every message communicated describes the relative health, price and physical appearance advantages of vaping compared with smoking.

    Our team of over 300 scientists, engineers and innovators work to ensure myblu’s vaping products are made to the highest safety and quality standards and are supported by the best-in-class science. Myblu is a closed pod, ‘tamper proof’ system. We purposely chose a closed pod system to restrict opportunities for people to misuse or mix illicit ingredients into the liquids.

    We use pharmaceutical grade nicotine, propylene glycol and glycerol and high-quality flavour ingredients in our e-liquids. All of our blu vaping products, their ingredients and the vapour produced undergo thorough scientific assessment prior to manufacture and sale.

    The work that has gone into consumer safety and product design is necessary to guarantee the quality of myblu and for smokers to have confidence in our product. We have learnt much in the past 10 months in New Zealand. We know that convenient access, reliable information and confidence in the quality and satisfaction of vape products are the critical success factors for smokers to quit smoking.

    Our approach to selling and marketing myblu is based on the principles of having restrictions in proportion to the risk posed by the product relative to cigarettes. It is our hope that this experience, and indeed that of many vape manufacturers and retailers, guides the Committee’s thinking for a harm reduction framework in regulation that makes vaping a more appealing option for smokers.

    Dr Grant O’Connell, Strategic Science & Policy Engagement Director, Imperial Brands.

  • Organizer Optimistic Intertabac Will Proceed

    Organizer Optimistic Intertabac Will Proceed

    The Westfalenhallen group of companies is increasingly hopeful that, with appropriate measures in place, the Intertabac exhibition, scheduled for Sept. 18-20 in Dortmund, Germany, will take place. The event and trade fair industry worldwide has been affected by the coronavirus epidemic. 

    “Nevertheless, due to the latest signals from politics, we are a bit more positive about the organization of trade fairs in Dortmund, [Germany],” said Sabine Loos, managing director of the Westfalenhallen group of companies.

    The authorities are currently determining under what conditions trade fairs could take place after May 31. Discussions focus on hygiene measures and limiting the number of participants. Specifics are expected to be announced soon.

    “Afterwards, we will evaluate these measures and, on this basis, coordinate our further course of action—especially with regard to InterTabac and InterSupply,” said Loos. “We assume that voting on this should be completed in late May and early June.”

    Messe Dortmund is working to create concepts for holding trade fairs. At the beginning of the coronavirus pandemic, various measures were successfully introduced at the exhibition center in Dortmund, and an awareness campaign on various channels indicated the correct handling of the hygiene area. 

    With the upcoming loosening of Germany’s lockdown from June 2020, new conditions will be imposed on trade fair organizers. These will be incorporated into the overall concept of Messe Dortmund and included in the planning for InterTabac and InterSupply.