Category: Flavors

  • Ohio Governor Expected to Veto ‘No Flavor Bans’ Bill

    Ohio Governor Expected to Veto ‘No Flavor Bans’ Bill

    Credit: Andy Dean

    It doesn’t look good. Ohio Gov. Mike DeWine appears primed to veto a bill just passed by the state legislature that would prohibit cities like Columbus from regulating vaping and other tobacco products.

    DeWine told ABC 6 On Your Side he supports the Columbus ordinance passed Monday banning the sale of flavored vaping and other tobacco products.

    “Making a decision not to have flavored cigarettes is a logical decision that will save many, many lives and will save taxpayers a lot of money,” the governor said. “Smoking costs the citizens of Ohio hundreds and hundreds of millions of dollars every single year.”

    The day after the Columbus tobacco ban passed, Republicans who control the legislature added a proposal to an unrelated bill mandating that only the state can regulate tobacco products in Ohio. The bill would wipe out attempts by local governments such as Columbus to rein in the use of tobacco products.

  • Ohio Senate Passes Ban on Cities Enacting Flavor Bans

    Ohio Senate Passes Ban on Cities Enacting Flavor Bans

    Credit: Lucitanija

    The Columbus City Council in the U.S. state of Ohio voted unanimously in favor of banning the sale of flavored tobacco and vaping products within city limits on Monday, Dec. 12. Then on Wednesday, the Ohio Senate approved a bill that would make what the Columbus City Council did illegal.

    The Ohio Senate passed H.B. 513 by a vote of 23-8. It includes an amendment that will prohibit local governments in Ohio from enacting any laws regarding tobacco or vaping products that are stricter than state law, a mechanism known as preemption, according to Halfwheel.

    Because of this amendment, the bill now heads back to the Ohio House of Representatives, where it must be approved before heading to the desk of Gov. Mike DeWine. Reports indicate the House vote is expected this week.

    If approved, the state law will effectively void the law passed by the Columbus City Council on Monday. The Columbus city law is set to take effect on Jan. 1, 2024.

    Preemption clauses have been a successful tool in blocking bans on the sales of flavored vaping and other tobacco products. To the east of Ohio, the City of Philadelphia lost a federal lawsuit that overturned its flavored tobacco ban due to Pennsylvania’s preemption clause.

  • Columbus, Ohio Bans Flavored Vaping Products

    Columbus, Ohio Bans Flavored Vaping Products

    Credit: Spirit of America

    The Columbus City Council in the U.S. state of Ohio on Monday unanimously approved the second reading of an ordinance that will ban the sale of flavored tobacco and vaping products in the state’s most populated city.

    The ban is scheduled to go into effect on Jan. 1, 2024, giving retailers just over a year to clear out existing inventory. The ban covers nearly all flavored tobacco and vaping products, including those with menthol, mint and wintergreen flavors. The ban does not apply to the sale of flavored shisha tobacco, however.

    While the ordinance makes it illegal to sell flavored tobacco products, it does not make it illegal to use such products. The legislation does not include criminal penalties on users, but does impose civil penalties on sellers.

    On Monday, the U.S. Supreme Court decided not to stop California from enforcing its ban on the sale of most flavored tobacco products, including menthol cigarettes.

    Columbus is home to approximately 906,000 people.

  • Supreme Court Paves Path for California Flavor Ban

    Supreme Court Paves Path for California Flavor Ban

    Credit: Niro World

    The Supreme Court of the United States on Monday rejected a last-minute plea from the tobacco industry and cleared the way for California to enforce a statewide ban on the sale of most flavored tobacco products, including menthol cigarettes.

    The court’s action has the effect of upholding a measure passed by the Legislature in 2020, which in turn was approved by 63 percent of voters in November. It is due to take effect next week, according to the Los Angeles Times.

    Washington attorney Noel Francisco, who served as U.S. solicitor general under then-President Trump, filed an emergency appeal with Justice Elena Kagan on Nov. 29, asking her and the high court to stop California’s statewide ban from taking effect.

    Kagan referred the appeal led by R.J. Reynolds to the full court, which issued a brief order denying it without comment and with no dissents.

    The outcome is a victory for anti-tobacco advocates who called for cracking down on e-cigarettes and eliminating youth-friendly flavors such as bubble gum, cotton candy and cherry.

    California joins Massachusetts and New York in prohibiting the sale of flavored tobacco.

  • South Portland, Maine to Consider Flavor Ban Today

    South Portland, Maine to Consider Flavor Ban Today

    Credit: ATDR

    South Portland may become the next Maine community to ban the sale of flavored vaping and other tobacco products.

    Under a proposed ordinance, violators would receive a $500 fine that could jump to $2,500 per subsequent violation.

    Included in the proposed ban are tobacco products with “any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, or any candy, dessert, alcoholic beverage, herb, or spice.”

    The city council will hold a hearing Today, according to Spectrum News.

    The ordinance is being proposed as a way to prevent young people from becoming addicted to nicotine.

    South Portland attempted a ban in 2019 stalled, however, it stalled partly because no other Maine community had yet done so, according to media reports.

    Now, both Bangor and Portland have banned flavored tobacco earlier this year following a unanimous vote of its city council.

    A recent study showed that less than 5 percent of the 3,500 adult e-cigarette users surveyed quit using e-cigarettes in response to a U.S. flavor ban. 

  • Dutch Vape Flavor Ban to Begin on October 1, 2023

    Dutch Vape Flavor Ban to Begin on October 1, 2023

     

    The Netherlands will ban all e-cigarette flavors except tobacco effective Oct. 1, 2023, reports NL Times, citing a government amendment to the Staatscourant. The ban extends to pre-filled e-cigarettes and disposable vapes as well.

    The ban was announced in 2020, and will also include banning packaging that depicts anything other than tobacco and restricting rules for naming products.

    The RIVM, a public health institute, created a list of 16 ingredients that manufacturers can use to make tobacco flavors.

  • RJ Reynolds Asks SCOTUS to Stop California Flavor Ban

    RJ Reynolds Asks SCOTUS to Stop California Flavor Ban

    Credit: Sean Pavone Photo

    R.J. Reynolds and other vaping and tobacco companies filed a request Tuesday asking the Supreme Court of the United States to impose an emergency order to stop California from enforcing a ban on flavored vaping and other tobacco products.

    The ban was overwhelmingly approved by voters earlier this month.

    First passed by the state legislature two years ago, the ban never took effect after tobacco companies gathered enough signatures to put it on the ballot, according to media reports.

    However, after nearly two-thirds of voters approved of banning the sale of everything from cotton-candy flavored e-liquid to menthol cigarettes. The law is set to go into effect by Dec. 21.

    Supporters of the ban say the law was necessary to put a stop to a staggering rise in teen smoking.

    Several companies filed suit over filed a lawsuit against California in federal court over the state’s ban on flavored products one day after voters backed the ban in a Nov. 8 referendum. However, the 9th U.S. Circuit Court of Appeals on Tuesday denied the company’s emergency motion to block the law pending appeal.

    The companies suing California argue that the authority to ban flavored products rests in federal law. The Family Smoking Prevention and Tobacco Control Act gives the FDA the authority to regulate tobacco.

    In the filing, the companies said they would suffer “irreparable harm” from not being able to sell the products in one of the nation’s largest markets.

    The companies argued that small retailers will face laying off employees and possibly closing. Among those filing for the order is the Neighborhood Market Association, a group of San Diego retailers that include vape shops.

  • Companies File Suit Against California Flavor Ban

    Companies File Suit Against California Flavor Ban

    Credit: Niro World

    Vapor and other tobacco companies filed a lawsuit against California in federal court over the state’s ban on flavored products one day after voters backed the ban in a Nov. 8 referendum, reports the Courthouse News Service.  

    Though more than half the state’s ballots have yet to be counted, media outlets have declared that the referendum will pass. Unless a judge agrees to intervene, the ban is set to go into effect no later than Dec. 21, 2022.

    In their suit, the companies argue that the Family Smoking Prevention and Tobacco Control Act (TCA) of 2009 allows states and municipalities to regulate tobacco products, but not to ban their use or sale.

    “The ban falls under the TCA’s express preemption clause, ‘which preempts ‘any [state] requirement’ that is ‘different from, or in addition to,’  a federal requirement about a tobacco product standard,” the suit reads. “A flavor ban is a paradigmatic tobacco product standard.”

    In 2020, California lawmakers passed a ban on all flavored nicotine products except hookah, loose leaf tobacco (for pipes) and premium cigars. Menthol products are also covered by the legislation.

    Opponents of the ban collected more than 1 million signatures and forced the state to hold a referendum on the ban. Originally scheduled to take effect Jan. 1, 2021, the legislation was then suspended until the Nov. 8 vote.

    Vapor and tobacco companies already sued California over the flavor ban in 2021. But a federal judge dismissed the case, telling the plaintiffs to wait for the voters to weigh in before suing.

  • California Bans Flavored Vaping, Tobacco Products

    California Bans Flavored Vaping, Tobacco Products

    Credit: Sharaf Maksumov

    Californians voted to uphold a state law ending the sale of most flavored tobacco products, including flavored e-cigarettes, menthol cigarettes and flavored cigars.

    Proposition 31, the ballot referendum to uphold the law, was ahead by a margin of 65 percent to 35 percent on Nov. 9. The Associated Press called the race, though official results will take longer to finalize. The state mailed ballots to all active voters. Ballots postmarked by election day have a week to arrive.

    In 2020, California lawmakers passed a ban on all flavored nicotine products except hookah, loose leaf tobacco (for pipes) and premium cigars. Menthol products are also covered by the legislation.

    “Proposition 31 is California’s antidote to the candy-flavored poison Big Tobacco has been peddling to our kids and communities of color,” said Fmr. Senator Jerry Hill, author of the original bill that became Prop. 31. “With the implementation of Prop. 31 comes a strong layer of protection against tobacco companies’ ability to lure kids into smoking and a lifetime of addiction to nicotine; and Californians will live longer, healthier lives as a result.”

    Opponents of the ban collected more than 1 million signatures and forced the state to hold a referendum on the ban. Originally scheduled to take effect Jan. 1, 2021, the legislation was then suspended until the Nov. 8 vote.

    Advocates for Proposition 31 argued the restrictions would deter tobacco use among kids by eliminating youth-friendly flavors such as bubblegum, cotton candy and cherry.

    Opponents said the ban would remove flavored electronic nicotine delivery systems as an effective tool to quit traditional cigarettes, and that some communities were unfairly targeted by the law. Black smokers, for example, are more likely to use menthol cigarettes.

    Supporters of the ban outspent opponents by a significant margin in the runup to the ballot. By mid-October, the billionaire anti-smoking and anti-vaping activist Michael Bloomberg had provided $15.3 million of the $17.3 million raised by the committee in favor of the ban, according to the San Francisco Chronicle. By contrast, the opposition had raised just over $2 million, almost entirely comprised of donations from Philip Morris USA ($1.2 million) and R.J. Reynolds ($743,000).

    California joins Massachusetts and the District of Columbia in ending the sale of flavored tobacco products, including flavored e-cigarettes, menthol cigarettes and flavored cigars. Three other states—New JerseyNew York and Rhode Island—prohibit the sale of flavored e-cigarettes. With local laws included, 25 percent of the U.S. population will now be covered by laws ending the sale of flavored e-cigarettes.

  • FDA Expected to Attack Names of E-liquids Next

    FDA Expected to Attack Names of E-liquids Next

    Photo: oxygen_8

    After rooting out ENDS flavors, regulators may turn their attention to flavor names.

    By Neil McKeganey

    In the world of illegal drugs, there are few substances that have become popular as quickly as 3,4-Methylenedioxymethamphetamine. If you are wondering what that awkwardly named substance is, you will almost certainly recognize it by its street name, Ecstasy. In advance of its marketing, the drug developers thought about calling it Empathy but decided on Ecstasy instead—who, after all, could turn down the opportunity of experiencing “ecstasy”? And so it proved with a drug that sold in the millions in countries around the globe. That anecdote tells you something that every marketing person worth his or her salt knows all too well: names matter. Indeed, when it comes to driving consumers to your product, names may matter more than the substance itself.

    In recent years, the vaping world has seen the heavy hand of regulatory intervention focused on limiting the range of flavors that can be legally sold. Senior health officials, sections of the media, lobbyists, parent groups and others have forcefully argued for banning “kid-appealing flavors.” Restrictions on flavors, though, have gone well beyond the flavors that are seen to be appealing to vulnerable groups.

    Out of some 1.6 million products for which premarket tobacco product marketing authorizations have been sought in the U.S., not a single flavor has been approved. Recent pronouncements from Brian King, head of the Food and Drug Administration’s Center for Tobacco Products, suggest that menthol is now in the regulatory agency’s crosshairs. In the face of such expanding regulatory action, it is by no means a stretch of the imagination to ponder a world in which only a single electronic nicotine-delivery system (ENDS) flavor—tobacco—remains, bringing vaping products that much closer to combustibles and in the process almost certainly weakening their capacity to offer a route out of smoking.

    In a mono-flavored ENDS world, flavor names may become the new fertile terrain—promising consumers a realm of limitless variations in taste that, like the world of expensive Hi-Fi, where differences in quality are barely discernible, nevertheless draw in consumers seeking particular sensorial and taste experience.

    With the removal of flavors from the market, next in line may be flavor names, with regulators galvanized by the belief that it is the names more than the flavors that are driving consumers to these products. In that event, it will become increasingly important for manufacturers to be able to present regulators with evidence that their specific-named tobacco-flavored products are not attracting young people and that those named flavors are assisting adults in quitting smoking.

    If anyone is inclined to think that this is an unlikely scenario, it is worth remembering that regulatory authorities within the U.S. already involve themselves in determining what words can and cannot be used when referring to tobacco products. Some states already ban the use of food terms when referring to tobacco products, and the Family Smoking Prevention and Tobacco Control Act bans words like mild, light and ultra-light when referring to tobacco products. In the face of such regulatory restrictions, companies replaced the names mild, light and ultra-light with terms such as gold, silver and blue. Research undertaken by Gregory Connolly and Hillel Alpert and published in Tobacco Control in 2014 showed that even in the face of such name-switching, smokers were still able to identify their preferred product.

    Within the world of ENDS, some e-liquid manufacturers have already chosen to move away from taste-based flavor names. Bidi Vapor, for example, uses product names such as Winter, Summer, Dawn and Marigold in describing its product range. Years before Bidi opted to anonymize the taste experience in its product names, e-liquid manufacturer Five Pawns opted to use words derived from chess, like Gambit and Grandmaster, to name its products. These are names that convey nothing about the taste or sensorial experience.

    In time, there may be a push from the anti-e-cigarette lobby to reduce the variety of tobacco flavor names even further, requiring manufacturers to differentiate their products by numbers alone. Seems unlikely? Probably not for those who remember Players No. 6, No. 10 and No. 555. Flavor names may be the next item on the regulatory hit list.