Category: News This Week

  • Flavored vapor ban bandwagon picks up Philippines as passenger

    Flavored vapor ban bandwagon picks up Philippines as passenger

    The Philippines’ Department of Finance is pushing for a ban on flavored vapor products to discourage youth from vaping, reports The Inquirer.

    “Our original position has always been to make sure that the flavors appealing to the youth are not allowed,” said Finance Undersecretary Karl Kendrick Chua.

    President Rodrigo Duterte has reportedly said he wants e-cigarettes to taste only like tobacco.

    Assistant Finance Secretary Tony Lambino said higher vapor product taxes would add about PHP2 billion ($39.2 million) in revenues if implemented next year.

    For its part, the Bureau of Internal Revenue is already preparing new tax stamps in anticipation of increases in cigarette and alcohol taxes.

    These taxes are expected to generate PHP47 billion in revenues during the first year of implementation.

  • Bangladesh plans to ban vapor in response to US THC-related deaths

    Bangladesh plans to ban vapor in response to US THC-related deaths

    Bangladesh plans to prohibit the sale and use of vapor products in response to a global health scare, reports Reuters.

    “We are actively working to impose a ban on the production, import and sale of e-cigarettes and all vaping tobaccos to prevent health risks,” said Shaikh Yusuf Harun, secretary at the health education and family welfare division of the Ministry of Health and Family Welfare.

    The health ministry had taken into consideration the recent spate of deaths and illnesses linked to e-cigarette use in the United States, he said.

    As of Nov. 20, the U.S. Centers for Disease Control and Prevention had registered 2,290 cases of lung injuries and 49 deaths related to vaping. Public health officials have fingered black market THC products as the most likely culprit.

    India, the world’s second-largest tobacco market, banned the sale of e-cigarettes in October as it warned of a vaping “epidemic” among young people.

    The global market for e-cigarettes was worth $15.7 billion in 2018, according to Euromonitor International, and is projected to more than double to $40 billion in 2023.

  • Vapers under attack by life insurance companies after THC deaths blamed on nicotine

    Vapers under attack by life insurance companies after THC deaths blamed on nicotine

    Global reinsurers are stepping up their warnings to life insurer clients about the potential risks of vaping, putting pressure on underwriters to charge certain vapers higher rates than smokers, or even exclude them altogether.


    U.S. authorities said last month that there had been 47 deaths this year from a lung illness tied to vaping, according to a Reuters post. The health concerns about vaping have grown despite evidence showing e-cigarettes help smokers to quit, and has led to bans in some countries including India and Brazil.

    Reinsurers insure the insurers, and often have large research arms which help their clients by modeling risk, according to the post. They give broad advice to insurers, rather than specific policy or pricing recommendations, but can potentially refuse to provide reinsurance or can raise premiums if their guidance is ignored.

    Most insurers have long treated smokers and vapers the same, meaning they can pay close to double the premiums of non-smokers or non-vapers. But three major reinsurers have provided updated advice on vaping in the past three months, with new warnings, while others are considering their approach.

    The new warnings focus on young vapers and the vaping of liquids containing marijuana ingredient THC, which is legal and prevalent in some U.S. states and has been linked to lung illnesses in the country, according to the post.

    The shift in the reinsurance and insurance sector represents a further blow to the vaping industry, which markets its products as healthier alternatives to smoking.

    Hannover RE (HNRGn.DE), which already advised life insurers to treat vapers like smokers, has asked them to be particularly cautious about insuring people aged under 25 following the “epidemic” of lung injuries in the United States, said Nico van Zyl, the reinsurer’s U.S. medical director.

    The question of whether to offer coverage to this higher risk group should be a consideration for life insurers, he said.

    French reinsurer SCOR (SCOR.PA) said in a paper on Oct. 24 that e-cigarettes contain nicotine which may have toxic effects, including on brain development in teenagers and young adults, according to the post.

    SCOR recommends life insurers treat vaping like smoking, and exclude individuals who use vaping products considered by U.S. authorities likely to cause lung issues – namely, those containing THC (tetrahydrocannabinol).

    Swiss Re (SRENH.S) also treats vapers like smokers. In addition, Global Chief Medical Officer John Schoonbee said the reinsurer has told insurers in recent months to make extra checks on whether vapers are using cannabis products.

  • Researchers find Vitamin E acetate only in cartridges seized this year

    Researchers find Vitamin E acetate only in cartridges seized this year

    U.S. Health officials have found more evidence implicating vitamin E acetate in the recent outbreak of vaping-related illnesses, reports AP.

    Researchers compared black market vaping cartridges seized in Minnesota during the outbreak this year with vaping liquid seized in that state last year. The newer cartridges contained the compound vitamin E acetate, but none of the older samples did.

    They also looked at vaping cartridges collected from a dozen patients. Vitamin E acetate was commonly found in those, too.

    The study echoes other work that found the substance in the damaged lungs of 29 patients across the U.S.

    “The findings further support a potential role for vitamin E acetate in causing lung injury associated with vaping products,” said Ruth Lynfield, a Minnesota health official.

  • Baker signs ban for flavored vapor products in Massachusetts

    Baker signs ban for flavored vapor products in Massachusetts

    Massachusetts Governor Charlie Baker on Wednesday signed into law severe restrictions on the sale of flavored tobacco and vapor products, making his state the first to enact such stringent controls, reports National Public Radio.

    Set to take effect on June 1, 2020, the law limits the sale of flavored nicotine vaping products, including menthol, “to licensed smoking bars where they may only be smoked on-site.”

    The same restrictions apply to all other flavored tobacco products, including menthol cigarettes and flavored chewing tobacco.

    The legislation also imposes a 75 percent excise tax on e-cigarettes.

    “It’s pretty clear there isn’t going to be a federal policy on this anytime soon,” Baker said at the signing. “So in the absence of that, we had to act.”

    Vapor businesses in Massachusetts have been protesting the restrictions since they were first proposed.

    “The people that were applauding the governor the loudest were the criminals and gangs that already operated in the states illegal black market,” Jon Shaer, executive director of the New England Convenience Store & Energy Marketers Association, was quoted as saying.

  • Trump says Tobacco 21 is coming soon along with e-liquid flavor decision

    Trump says Tobacco 21 is coming soon along with e-liquid flavor decision

    U.S. President Donald Trump appeared to soften his position on banning flavored vapor products during a meeting with stakeholders on Friday, citing concerns about black market sales, according to reports in The Wall Street JournalThe Washington Post and USA Today.

    “If you don’t give it to them, it is going to come here illegally,” he said during a “listening session” at the White House that included vapor industry leaders, public health advocates and others on policies to address a surge in underage vaping.

    Trump said that instead of legitimate companies “making something that’s safe, they are going to be selling stuff on a street corner that could be horrible.”

    “Now instead of having a flavor that’s at least safe, they are going to be having a flavor that’s poison,” he said.

    Trump announced a ban on flavored e-cigarettes in September in response to growing youth vaping. The administration had been expected to release details on the ban earlier this month, but it was delayed following pushback from conservative interest groups, vapor industry advocates and e-cigarette users, who warned about job losses, illicit sales and the risk of vapers taking up smoking.

    Pro-vaping organizations have also been publishing surveys showing that vaping is popular in key states Trump needs to win reelection.

    During the Friday meeting, Trump reiterated his support for raising the minimum age to purchase e-cigarettes and tobacco products to 21 from 18, a move backed by e-cigarette maker Juul Labs and other companies.

    Vapor industry representatives put forward alternatives to an outright ban, such as advertising limits, an end to online sales, requiring e-cigarettes to be kept behind the counter or restricting their sale to adult-only stores.

    Anti-tobacco advocates pleaded with Trump to stick with the flavor ban, saying bright students were failing out of school because of their nicotine addictions.

    According to The Washington Post, the Friday meeting resembled a public policy version of the reality TV show “The Apprentice,” during which industry and government representatives occasionally shouted at each other in order to persuade Trump.

    Among those on the guest list were Juul Labs CEO K.C. Crosthwaite and two executives of the largest U.S. tobacco companies, Altria CEO Howard Willard and Reynolds’ Joseph Fragnito.

    Other invitees included Gregory Conley, president of the American Vaping Association, and Tony Abboud, executive director of the Vapor Technology Association.

    Health leaders who attended included the Campaign for Tobacco-Free Kids president, Matt Myers, the American Academy of Pediatrics president-elect, Sally Goza, and the American Lung Association president, Harold Wimmer.

    Conley said afterward that the president “seemed to understand that prohibition is not the only option.”

    “He cares a lot about youth and keeping them away from these products, but there [are] the jobs issues and the adult cessation issue that is clearly weighing on his mind,” Conley said.

    Gary LeRoy, president of the American Academy of Family Physicians, noted that the sides were far apart on such issues as the value of vaping to wean adults off of cigarettes but said all sides seemed to agree that vaping “has no place for young adults below the age of 21.”

    A transcript of the listening session is available here.

  • US FDA announces guidance for limited changes to hardware devices, e-liquid packaging

    US FDA announces guidance for limited changes to hardware devices, e-liquid packaging

    The US Food and Drug Administration (FDA) has issued a Federal Register notice announcing the availability of the “ Compliance Policy for Limited Modifications to Certain Marketed Tobacco Products” guidance for industry to address ENDS battery safety concerns and mitigate the risk of accidental exposures of children to liquid nicotine.

    This guidance describes FDA’s compliance policy for premarket review requirements for two types of limited modifications to tobacco products that were on the market as of Aug. 8, 2016:

    1. Battery-operated tobacco products modified solely and only to the extent necessary to comply with UL 8139;
    2. E-liquid products that contain nicotine modified solely and only to the extent necessary to comply with the Child Nicotine Poisoning Prevention Act of 2015 (CNPPA) restricted flow requirements for liquid nicotine containers.

    This compliance policy provides that FDA does not intend to enforce violations of the premarket review requirements against such modified products on the basis of the modifications described in the guidance.

    “We recognize there are certain modifications manufacturers can make to their tobacco products to address a voluntary industry battery standard and to comply with requirements related to safe packaging of liquid nicotine products, known as flow restrictors. We encourage these limited safety-related modifications because they are intended to ensure the public is protected from risks such as battery explosions or accidental exposure to toxic levels of nicotine,” said Mitch Zeller, director of the FDA’s Center for Tobacco Products. “Today’s guidance will provide clarity to manufacturers considering these limited safety-related modifications to their electronic nicotine delivery system products by outlining our compliance policy for premarket review requirements for such modifications. In addition to publishing today’s guidance, the FDA continues to take steps to address the growing and disturbing trend of youth vaping use, including enforcement actions and resources for educators and schools. We are committed to doing everything we can to prevent kids from using tobacco products and will continue to develop a policy approach that aligns with that concern.”

    More information can be found here.

  • Trump to meet with vapor industry supporters and detractors in hope of finding flavor solution

    Trump to meet with vapor industry supporters and detractors in hope of finding flavor solution

    U.S. President Donald Trump will meet with vapor industry representatives, medical associations, advocacy groups and state officials on Friday to discuss the ongoing vaping crisis, reports USA Today.

    The meeting will give the administration a chance to hear from “a large group, representing all sides as we continue to develop responsible guidelines that protect the public health and the American people,” said White House spokesman Judd Deere.

    The gathering comes more than two months after Trump said he would ban flavored vapor products other than menthol and tobacco.

    Health advocates have criticized Trump for bowing to political pressure. Industry groups and conservative activists have warned the president that banning flavored e-cigarettes might trigger a political backlash, potentially costing him the 2020 election.

    Greg Conley, president of the American Vaping Association, described Trump’s lack of action as “at least a temporary victory.”

    As of Nov. 13, the Centers for Disease Control and Prevention (CDC) reported 2,172 vaping-related injuries and 42 deaths. The CDC has linked the injuries to vitamin E acetate, used as a thickening agent or to dilute THC oil in vape cartridges.

  • New York sues Juul Labs for alleged deceptive marketing practices

    New York sues Juul Labs for alleged deceptive marketing practices

    New York Attorney General Letitia James today announced a lawsuit against the electronic cigarette company JUUL Labs, Inc. (JUUL) for deceptive and misleading marketing of its e-cigarettes, which contributed to the ongoing youth vaping epidemic in New York State.

    The lawsuit, filed in New York County Supreme Court, alleges that JUUL took a page from “Big Tobacco’s playbook by engaging in deceptive business practices when marketing and advertising its products, and illegally sold its products to minors through its website and in third-party retail stores throughout the state, causing large numbers of New York youth to become addicted to nicotine,” according to a press release.

    The suit also alleges that JUUL’s advertising campaign misled consumers by failing to warn that they contained nicotine, and by misrepresenting its products as a safer alternative to traditional cigarettes.

    “There can be no doubt that JUUL’s aggressive advertising has significantly contributed to the public health crisis that has left youth in New York and across the country addicted to its products,” said James. “By glamorizing vaping, while at the same time downplaying the nicotine found in vaping products, JUUL is putting countless New Yorkers at risk. I am prepared to use every legal tool in our arsenal to protect the health and safety of our youth.”  

    The lawsuit alleges that JUUL’s conduct violates General Business Law §§ 349 and 350, which prohibit deceptive acts and practices and false advertising; Common Law Public Nuisance, which prohibits substantial and unreasonable interference with the public health; and Executive Law § 63(12), which prohibits repeated and persistent fraud and illegality, based on violations of the New York Public Health Law prohibiting underage sales of tobacco products to minors.

    Additionally, JUUL allegedly violated the Federal Trade Commission Act §5 prohibiting unfair business practices that substantially injure consumers, and the Food, Drug & Cosmetic Act 21 U.S.C. § 387k, prohibiting the introduction into interstate commerce of any modified risk tobacco product without an order from the Secretary of Health & Human Services.

    As of November 13, 2019, New York State law was changed, making it illegal to sell nicotine products, including e-cigarettes, to consumers who are under 21-year-old. Previously, the law applied to consumers younger than age 18. Despite this prohibition, JUUL violated the law by selling its products to New Yorkers under the age of 18.

  • Philippines bans vapor, 1 million vaping violators risk arrest

    Philippines bans vapor, 1 million vaping violators risk arrest

    Just hours after Philippine President Rodrigo Duterte announced he would ban e-cigarette use, police were ordered today to begin arresting people caught vaping in public and to confiscate the devices.

    The abrupt prohibition, revealed by Duterte late on Tuesday, adds to a growing global backlash against a product once promoted as less harmful than smoking, according to a story from the dailymail.

    Duterte called the devices ‘toxic’ and said vaping introduced ‘chemicals’ into the user’s body.

    He then threatened to arrest anyone vaping publicly in a country that already has some of Asia’s toughest anti-smoking rules.

    “I am now ordering the law enforcement agencies to arrest anybody vaping in public,” he said, comparing vaping to smoking.

    Earlier, the Philippines reported its first vaping-related illness. According to the Department of Health (DOH), a teenage girl was admitted to hospital on Oct. 21 complaining of “sudden onset severe shortness of breath.”

    The DOH called for an outright ban on vaping earlier as it warned Filipinos that e-cigarettes are not a proven nicotine-replacement therapy and can cause lung illness.

    Around 1 million Filipinos use e-cigarettes, according to the DOH.