Category: News This Week

Australia Softens Stance on Vaping Product Ban

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Australia will soften a proposed groundbreaking ban on vaping following opposition from the Greens party, leading the government to agree to revise a bill that would have limited vapes to those with a doctor’s prescription.
The agreement between the ruling center-left Labor party and the Greens will lead to the passage of legislation later this week that restricts the sale of vapes to pharmacies and removes them from retail shelves. This move is aimed at curbing the rise in youth vaping.
However, the bill falls short of the government’s initial ambition to restrict sales only to those with a doctor’s prescription, which would have been a world-first. The amended bill will take effect on 1 July, reports Reuters.
Under the compromise deal, vapes will be moved “behind the counter” in October. Customers will need to have a conversation with the pharmacist before making a purchase, and under-18s will need a prescription.
Health Minister Mark Butler said in a statement that the government “welcomed constructive engagement with the crossbench and secured the support of The Greens for our world-leading vaping laws.”
The Labor party does not have a majority in the upper house and must negotiate with other parties and independent senators to pass legislation.
June 24, 2024
New York State Gets $112.7 Million From Juul Labs
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New York State is set to receive $112.7 million from a multistate settlement with Juul Labs Inc. due to its involvement in the youth vaping epidemic, according to the Office of the Attorney General (OAG).
Attorney General Letitia James announced on Friday that the Hudson Valley would receive over $13 million from the historic total of $462 million, to be divided among participating states,” according to media reports.
“E-cigarette use among young New Yorkers shot up after JUUL flooded the market with advertising aimed at teenagers and lies about the safety of its products,” James said. “Now young people are suffering from physical and mental health issues fueled by vaping addiction.
“This settlement puts new limits on JUUL’s marketing and will provide leaders in the Hudson Valley over $13 million to implement new anti-vaping programs to protect our kids.”
The $112.7 million total going to New York State will reportedly be distributed among counties, the Board of Cooperative Education Services (BOCES), and the five largest cities in the state to support programs to reduce and prevent underage vaping.
June 24, 2024
EU-Wide Flavor Ban Debated by Health Ministers

EU health ministers on June 21 discussed proposals to restrict flavors in consumer nicotine products, such as vapes and nicotine pouches.
The EU Employment, Social Policy, Health and Consumer Affairs Council will consider proposals from Latvia and Denmark to support an EU-wide flavor ban and a crackdown on cross-border sales, among other recommendations.
If the health ministers reach consensus support for these proposals, the next step would be to ask the European Commission to introduce draft legislation, which would eventually be voted on by the council and the European Parliament, according to Vaping360.
Denmark, Estonia, Finland, Hungary, Lithuania, the Netherlands and Slovenia already ban vape flavors. Spain recently completed a public consultation on a proposed flavor ban while Latvia reportedly is in the process of introducing flavor restrictions.
The Tobacco Products Directive allows the member states to set their own rules for flavors. The Latvian proposal asserts that individual bans don’t work due to cross-border sales, among other factors.
Vaping activists have urged the EU to keep e-cigarette flavors legal.
“By supporting a flavor ban, EU health ministers would push millions of adults back to smoking or into the black market, endangering lives and ignoring scientific evidence. A flavor ban would be a huge step backward for public health and harm reduction,” said Michael Landl, director of the World Vapers’ Alliance, in a statement.
“Scientific research consistently shows that flavors play a crucial role in helping smokers quit. The endorsement of the flavor ban ignores those findings and the clear will of the people, opting instead for a policy that will cause more harm than good. The World Vapers’ Alliance will continue fighting for reasonable, evidence-based policies that truly protect public health.”
June 24, 2024
FDA Authorizes First Flavored Vape: NJOY Menthol

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The U.S. Food and Drug Administration today authorized four NJOY products through the premarket tobacco product application (PMTA) pathway. The FDA issued marketing granted orders to NJOY, an Altria subsidiary, for two pods for its Ace closed e-cigarette device, which was authorized in April of 2022, and two disposable e-cigarettes—NJOY DAILY Menthol 4.5%, and NJOY DAILY EXTRA Menthol 2.4%.
The two authorized ACE pods are the NJOY ACE Pod Menthol 2.4% and the NJOY ACE Pod Menthol 5%. All four of the newly authorized products are pre-filled and non-refillable.
The decision is significant because it is the first non-tobacco flavored vapor product to be authorized by the FDA. In his TPL Review, Office of Science Director Matthew Farrelly said that NJOY had “demonstrated the potential for these new products to benefit adults who smoke [combustible cigarettes] as compared to those who continue to use [combustible cigarettes] exclusively,” and that the company had “also proposed robust marketing plans that include restrictions beyond those required with PMTA authorization.” Farrelly also highlighted data from a longitudinal cohort study that NJOY submitted with its application, which pointed to “robust absolute switching rates” as well as a higher rate of complete switching than tobacco-flavored NJOY DAILY ENDS.
The FDA noted, however, that applications are reviewed on a case-by-case basis, and that this authorization of menthol products does not apply to any other menthol-flavored vaping products.
“It is the responsibility of the applicant to provide the necessary evidence to obtain marketing authorization, and the FDA has made clear what’s needed to successfully achieve that outcome,” said CTP Director Brian King in the agency’s press release. “This action is further reinforcement that authorization of an e-cigarette product is possible when sufficient scientific evidence has been submitted to the agency to justify it.”
Altria welcomed the authorizations. “With the addition of NJOY menthol e-vapor products, we are now uniquely positioned with an FDA-authorized portfolio to support adult smokers in their transition to smoke-free alternatives. We believe these marketing orders are a testament to the quality of the NJOY products and the strength of evidence supporting the authorizations of the NJOY menthol e-vapor products,” said NJOY President and CEO Shannon Leistra in a statement.
“We believe that, for tobacco harm reduction to succeed, adult smokers must have access to a robust marketplace of FDA-authorized smoke-free alternatives,” said Paige Magness, senior vice president, regulatory affairs of Altria Client Services. “FDA authorization of NJOY menthol e-vapor products provides adult smokers and vapers with regulated alternatives to the illicit flavored disposable e-vapor products on the market today. We believe the NJOY menthol marketing orders are a positive outcome for public health.”
The FDA previously authorized the NJOY Ace and three of its tobacco-flavored pods on April 27, 2022. In March of 2023, Altria acquired NJOY for $2.75 billion cash. The acquisition was completed on June 1, 2023. However, the transaction terms included $500 million in additional cash payments contingent upon the product approvals received today, which would bring Altria’s total spend to $3.25 billion.
June 21, 2024
North Carolina to Vote on Vape Registry Law
Credit: Katherine Welles
A new bill in North Carolina, if passed, would require the state to certify vaping and other next-generation tobacco products for sale.
The Senate Judiciary Committee approved the proposal Wednesday. It was slipped into HB 900, which deals with Wake County leadership academies and their ability to maintain state designations. The House passed it without objection.
To become law, the bill would need to pass the Senate and then the House before the end of the session. Senate leaders have said they plan to complete their work by the end of the month, local media reports.
The chambers, both controlled by Republicans, have been unable to come to an agreement on budget modifications for the fiscal year that begins July 1.
A North Carolina lawmaker wrongly told others that the U.S. Food and Drug Administration regulates the products, but the regulatory agency does not have the ability to check which products are being sold.
The bill would fine retailers who sell products that aren’t on the registry for initial violations. The legislation could also suspend or revoke the establishment’s license.
Vaping industry representatives warned lawmakers that the bill will cost people jobs and money.
PMTA registry laws are already being enforced in Alabama, Louisiana and Oklahoma. Wisconsin passed a registry law in December and will become effective July 1, 2025.
Utah also passed a registry bill that included a flavor ban that will become active on Jan. 1, 2025, and Florida has a unique registry that also begins Jan. 1, 2025.
June 20, 2024
FEELM Showcases Several Systems at WVS Dubai

To address different consumer pain points in various markets, FEELM, an atomization innovator, highlighted several technologically advanced vaping solutions during the World Vape Show Dubai 2024.
Under the theme “ALL ON,” the company officially launched its next-generation pod solution—FEELM Pro—in Dubai. “This solution meets consumers’ pursuit of explosive flavor by using the latest FEELM ceramic coil technology, featuring a thinner ceramic coil for explosive power. This ensures ample e-liquid supply with each puff, avoiding aroma loss during atomization and providing a higher, more stable flavor reproduction,” according to a press release.
In addition to FEELM Pro, FEELM presented two different series of large puff solutions at the Dubai show: the TPD-compliant 5,000-puff disposable solution TANKER and the TPD-compliant 3,200-puff vape pod solution QUAD SHOT Pro. The former offers Balance and Turbo modes, allowing consumers to experience taste differences under different modes; the latter uses the FEELM Turbo solution, achieving a qualitative leap in flavor explosiveness compared to similar products, being both smooth and sweet, according to the release.
“Under compliance, we strive for technological innovation in flavor explosiveness, flavor reproduction, human-machine interaction, and playability,” said Rex Zhang, assistant president for FEELM. “We hope to collaborate with more customers in the future, rooted in the TPD market, to meet the personalized needs of different consumers and help the industry accelerate into a new stage of development.”
The company also brought six different series solutions, covering all the current innovative elements on the market and achieving different combinations of elements and experience upgrades through technological upgrades.
“For example, the world’s first 30,000 puffs disposable with four-sided surround screen and ultra-high wattage solution ‘Galaxy Display + Quattro Mesh’ brings a high-configuration combination of a 4.8-inch four-sided surround screen and quad mesh combined with high wattage of 40W + 6 modes of different puffs,” the release states. “With this device, you can experience all the cutting-edge technological innovations, instantly falling in love with it.”
Additionally, the world’s first 18,000-puff multifunctional modular design solution, “Off Charge,” was showcased. It strives for ultimate playability, bringing new ideas with a modular design and adding a smart screen display. Press a button to experience different flavors. After disassembling the module, you can smoke the pod while charging your phone with the EPS.
Additionally, the world’s first 20,000-puff double-burst power ceramic coil solution, “FEELM Turbo DUO,” continues the high explosiveness of the FEELM Turbo series, doubling the flavor explosiveness with dual ceramic coils.
June 19, 2024
Romania Bans Vape Product and Pouch Advertising

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Romania’s Chamber of Deputies adopted a bill banning advertising of electronic cigarettes and nicotine pouches this week, reports Romania Insider.
“It is prohibited to explicitly advertise tobacco products, electronic cigarettes, including vape types, products intended for inhalation without burning from tobacco substitutes, electronic devices for heating tobacco, and products intended for inhalation without burning from tobacco substitutes as well as nicotine pouches for oral use (pouches) broadcast within radio and television programs and on public transport tickets,” the bill states.
The bill also bans advertising for these products within educational institutions and healthcare facilities or within 200 meters of their entrances. Advertising is also banned in publications primarily intended for minors and in theaters before, during and after performances intended for minors. Ads are banned that target minors, depict minors consuming these products, suggest these products have therapeutic properties or have a stimulating, sedative effect or can solve personal problems, give a negative image of abstinence or do not contain warning inscriptions in Romanian.
June 19, 2024
Next Level Files Counterclaim Against Vapor Maker

Credit: Aleksandar Radovanov
On June 14, Next Level Ventures, a Seattle-based marijuana vape maker, filed a counterclaim in federal court in California. The company claims that Shenzhen Smoore Technology Co. has been engaging in a “years-long battle to unlawfully restrain competition in the closed cannabis vaporizer market” based on false patent claims.
Smoore, which markets vape devices under its CCell brand, has not yet responded to the claim, according to court records.
In its counterclaim, Next Level pointed out that vaporizer technology claimed by Smoore was “displayed and offered for sale” as early as the 2016 Marijuana Business Conference & Expo (the predecessor to MJBiz’s MJBizCon), according to media reports.
That happened before Smoore filed for patent protection.
At least one patent Smoore is using to pursue claims was “fraudulently obtained,” Next Level alleges.
According to Next Level’s counterclaim, Smoore’s complaint to the ITC was motivated by flagging sales.
Smoore’s market share for products sold under the CCell brand fell from 80% of the market “to approximately 50-60%” by 2022, Next Level’s counterclaim alleges.
June 19, 2024
Colorado Cracking Down on Pot Being Sold as Hemp

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Colorado Attorney General Phil Weiser is pursuing legal action against a cannabis business for allegedly selling highly potent cannabis products marketed as federally legal industrial hemp.
According to a Tuesday news release, the attorney general’s office filed a lawsuit in Weld County against Gee Distributors, LLC and its owner, Christopher Landon Eoff.
The Greeley-based company, operating as CBDDY, is accused of illegally selling cannabis products containing THC levels up to 35 times higher than the legal limit.
In 2018, Congress legalized the limited manufacture and sale of consumable industrial hemp, defined as containing no more than 0.3% of the psychoactive chemical Delta-9 THC, reports Denver7.
This led to an increase in industrial hemp companies trying to evade state regulations and taxes applicable to recreational marijuana, according to Weiser.
“Colorado’s legal cannabis regulations are designed to protect consumers, ensure the highest safety and quality standards, and keep cannabis out of the hands of kids,” said Weiser in a statement. “In this case, the defendant recklessly sold products that were, in some cases, more potent even than what is sold in state-licensed dispensaries with little regard for requirements like lab testing and age verification.
“As this action shows, we will hold accountable anyone who evades Colorado cannabis laws.”
June 19, 2024
Study: Vaping as Effective as Chantix as Quit Aid

Credit: Brian Jackson
E-cigarettes were just as effective as the gold-standard pharmaceutical drug varenicline, also known as Chantix, in helping people quit smoking, according to a clinical trial published Monday in JAMA Internal Medicine.
A total of 458 daily smokers who were willing to quit were randomly assigned to one of three groups for a 12-week trial.
One group received a nicotine-containing e-cigarette and placebo tablets, another group received varenicline and a nicotine-free e-cigarette, and the third group received a placebo tablet and a nicotine-free e-cigarette. All three groups also received extensive tobacco cessation counseling.
After 26 weeks, approximately the same percentage of participants using varenicline and e-cigarettes, 43.8 percent and 40.4 percent respectively, had stopped smoking.
The difference in quit rates between the two groups was not statistically significant.
The JAMA study is the first published randomized controlled trial to directly compare varenicline to e-cigarettes.
Previous studies have shown that e-cigarettes can help adults quit smoking. However, most of these studies have compared e-cigarettes either to a placebo or to nicotine replacement therapy, such as patches and lozenges, which help smokers manage their withdrawal symptoms.
June 19, 2024