Category: Flavors

‘Draconian Ban’ on Flavored E-Cigs Challenged in California

Credit: Peter Gonzalez
California’s ban on flavored e-cigarettes and other tobacco products is being challenged by several tobacco companies. Reynolds American Inc. (RAI) and its subsidiaries, alongside three other entities, called the ban “draconian” and want the law overturned.
California Gov. Gavin Newsom signed the ban Aug. 28. Opponents filed a petition to put the question to voters in a referendum to overturn it shortly after its passage. The lawsuit could prevent enforcement of the ban if successful.
Helix Innovations LLC, Neighborhood Market Association Inc and Morija LLC (Vapin’ the 619) have joined RAI in a lawsuit they hope will overturn the law. The lawsuit was filed Oct. 9 in the U.S. District Court of Southern California.
The filing names Xavier Becerra, attorney general of California, and Summer Stephan, district attorney for the County of San Diego, as defendants.
October 23, 2020
MIchigan to Again Try Banning Flavored E-liquids

Credit: Sahand Babali
The Michigan Governor’s administration is working on another statewide ban on flavored nicotine vaping products without legislative approval after Gov. Gretchen Whitmer’s first emergency order was struck down by courts.
The Michigan Department of Health and Human Services (MDHHS) held a virtual public hearing on Tuesday to solicit public comments on its proposal to permanently ban the sale and distribution of flavored nicotine vaping products. MDHHS is accepting comments until Friday.
The hearing is the first step required to impose a ban, which state officials support to crack down on the rise in youth vaping, according to the Metro Times.
“MDHHS is proceeding with permanent administrative rules preventing the sale and advertisement of flavored nicotine vapor products in the state to protect the health and safety of Michiganders, particularly our youngest residents,” MDHHS spokeswoman Lynn Sutfin tells Metro Times. “The explosive and unprecedented rise in youth vaping continues to be a public health emergency and a nationwide epidemic.”
Whitmer issued an executive order to ban flavored Michigan in September 2019, becoming the first state to ban flavored nicotine vaping products. But a Michigan Court of Claims judge issued an injunction requested by vape shop owners, who argued Whitmer overstepped her authority by imposing a ban without the approval of state lawmakers. The Michigan Supreme Court last month denied the state’s request to reconsider the lower court’s ruling.
October 21, 2020
Missoula, Montana Wants to Ban Flavors for Vapor Products

Credit Getulio Moraes
Missoula City Council in Montana proposed a ban on flavored vapor products at a public hearing on Monday. The proposed legislative action garnered more support for the ban than opposition.
Supporters included teachers, pediatricians, dentists and parents, according to an article on nbcmontana.com. “Montana communities need to take action, because our state and federal government have not stepped up to protect kids from being targeted by these addictive and dangerous products,” said Beth Morrison, a volunteer with Parents Against Vaping in Montana.
Supporters of the ban argue the candy-like appearance of vape product packaging attracts kids and hooks them on nicotine long-term. Many local businesses expressed opposition to the ban, saying it would deeply affect business and employment.
“We know that if we just remove the tobacco products at the three Noon’s stores in town, we are going to have to furlough three to five employees, because our labor budgets are based on a budget of total sales,” said John Monahan, sales manager at Noon’s, the story states.
Shops that specialize in vape and e-cigarettes said they would have to shut down completely.
“76 percent of our juice sales at Liberty Vapor are flavored juices sold to adults. If the ordinance was enacted, it would put us out of business,” said Tommie Dobbs, co-owner of Liberty Vapor. “We don’t have the extra things that we sell in our store. We don’t have the potato chips, the soda, the gas, we don’t have any revenue from those types of things that gas stations do.”
There are more than five vaporizer stores within Missoula city limits that specialize in selling vaping products and e-cigarettes.
Store owners argue that underage kids who get ahold of tobacco products usually get it from someone who purchased it legally or they get it online. They say whether a ban on the sale of flavored tobacco products passes, kids are still going to get ahold of it with those methods.
The City Council will talk about the vaping ban again during Wednesday’s committee meeting.
Public comment can be left on the Council’s voicemail at 406-552-6012 or an email can be sent to the Council at council@ci.missoula.mt.us.
October 20, 2020
RCPI: Ban E-Cigarette Flavors Except Tobacco, Menthol

Royal College of Physicians of Ireland (RCPI) has called for a ban on all flavorings for e-liquids available for purchase in Ireland. The group says its goal is to protect children from the device that simulates tobacco smoking.
The RCPI Policy Group on Tobacco has welcomed the latest findings from a Health Research Board (HRB) review of e-cigarettes and is seeking the introduction of a ban on all flavorings, apart from tobacco flavoured e-liquid. The group is also calling for increased regulation and future taxation on e-cigarettes, according to the Irish Medical Times.
An HRB review into e-cigarette use found that e-cigarettes were associated with adolescents starting to smoke tobacco cigarettes, which could potentially lead to serious harm.
“These findings have important public health ramifications and do not support recommending e-cigarettes as a smoking cessation tool,” stated Prof Des Cox, chair of the RCPI Policy Group on Tobacco.
They recommended that people use nicotine replacement therapies and/or medications prescribed by their general practitioner instead of e-cigarettes when trying to quit smoking.
“We are concerned about the finding of adolescents who use e-cigarettes being at increased risk of starting tobacco smoking. It is still legal for minors to purchase e-cigarettes in Ireland. Our group is calling for the introduction into legislation of the Tobacco Products Bill that was promised by the previous government,” Cox said. “The findings also show that when it comes to stopping smoking e-cigarettes are no more effective than nicotine replacements therapies, and because e-cigarettes aren’t regulated their safety is not yet known. What we do know is that worryingly they can cause burns, injuries, and lung damage.”
The Royal College of Physicians in the U.K. has released several studies that found vaping to be 95 percent safer than smoking combustible cigarettes. There was a move to debunk the theory, but several health experts agree with the group.
October 13, 2020
EU Commission Opposes Danish Flavor Ban

Photo: Sharon Ang from Pixabay
The European Commission has opposed a ban on vaping flavors put forward by the Danish government, according to the U.K. Vaping Industry Association (UKVIA).
“It is a victory both for vaping and common sense,” said UKVIA Director John Dunne said in a statement.
Denmark wants to introduce a flavor ban on both nicotine and non-nicotine containing e-liquids, where only tobacco and menthol flavors will be permitted. According to the Danish Vapers Association (DADAFO), the proposed ban would have affected between 85 percent and 90 percent of adult vapers in Denmark with the potential of driving up to 70,000 Danish ex-smokers back to cigarettes. The move would have also forced 90 percent of vape shops to close, DADAFO said.
“Flavors play a hugely important role in encouraging smokers to switch to vaping, a much less harmful product,” said Dunne. “Crucially, vape flavors provide choices for ex-smokers to ensure they do not relapse.”
“The effect of banning flavored liquids on deterring adult vapers from using vape products to help them quit or reduce their smoking was acknowledged by Public Health England earlier this year in its annual vaping evidence review. The review also stated that a ban could also push current adult vapers towards illicit products.”
According to the European Tobacco Harm Reduction Advocates, the Danish Ministry of Health sent a notification of this to the European Commission on April 17 with a standstill period of three months during which the Commission had to comment whether it believes that the Danish government can legally amend the existing laws as proposed.
October 2, 2020
California City Bans Vapor, Statewide Flavor Ban Looming

This week, the San Mateo City Council unanimously approved the first reading of an ordinance that will ban the sales of all e-cigarettes. It will also prohibit the sale of all tobacco products in pharmacies within city limits.
The move comes as the state prepares to enact its own ban on Jan. 1, 2021, though it could be challenged if a proposed ballot referendum garners enough signatures to delay its implementation, according to an article in Halfwheel..
It also does not include an exemption for hookah tobacco, something that is contained in the flavor state’s bill.
The ordinance must still go through a second reading in October before it becomes law. If passed, it is slated to go into effect on Jan. 1, 2021. The ordinance’s original implementation date of April 5, 2021 was amended during discussions to hasten the law’s implementation.
If passed, retailers would be subject to a number of penalties for violating the law, as a retailer’s tobacco sales permit could be suspended, and fines starting at $100 for a first violation, $200 for a second, and $500 for each additional violation within a year. During discussions, council members discussed increasing those penalties, something that could still be changed during the second reading or at a point in the future.
The city joins the surrounding unincorporated areas of San Mateo County in passing the ban, as county leaders banned flavored tobacco sales in those areas in June 2018. It also becomes the second city in the Bay Area to support such a ban this week, with Mill Valley enacting a similar ban this week as well.
San Mateo is located approximately 20 miles south of San Francisco and is home to an estimated 105,000 residents.
September 26, 2020
Menthol Sales up After U.S. Flavor Ban

Photo: Photo: Miriam Doerr | Dreamstime.com
Sales in menthol e-cigarettes have risen since the U.S. Food and Drug Administration (FDA) guidance banning flavors has gone into effect, according to an article in Tobacco Control.
Since Juul Labs has taken mint flavors off the market and the FDA has banned flavors other than menthol and tobacco, market shares of menthol-flavored e-cigarettes increased.
After Juul’s actions, there was a 59.4 percent increase in the market share of menthol products after four weeks, and after the FDA guidance, there was a 54.5 percent increase after four weeks and an 82.8 percent increase after eight weeks.
September 25, 2020
Chicago Seeks to Ban Only Vapor Flavors, Not Leaf Tobacco

Credit: Lance Anderson
The U.S. City of Chicago has its sights set on flavors for vaping products. On Friday, the Chicago City Council Health Committee passed a heavily revised version its tobacco flavor ban. What started out as an attempt to ban the sale of all flavored tobacco product has been stripped down to a ban on only flavored vaping products.
This means that Chicago would allow menthol and mint combustible cigarettes, as well as flavored cigars and pipe tobaccos. The full council is scheduled to discuss the ordinance during its meeting on Wednesday, the first day that all vaping products that haven’t submitted a premarket tobacco product application (PMTA) to the U.S. Food and Drug Administration (FDA) will be removed from shelves.
The ban had a good amount of support in its original form, garnering the support of 21 of the city’s 50 aldermen upon its introduction in June, as well as the support of Mayor Lori Lightfoot, according to a story by Patrick Lagreid on Halfwheel.com. However, it was also met with opposition from members who feared that the ban would drive sales of tobacco products to other municipalities and have an adverse effect on businesses.
The original bill generated a large outcry from retailers who said smokers simply would cross into the suburbs to buy flavored cigarettes and from some aldermen who have long complained that higher prices and stricter restrictions on tobacco sales in Chicago propel a gang-controlled black market in those products.
The city also is dealing with a budget crisis due to the Covid-19 pandemic, it remains to be seen if the full council will support the ban if it means the loss of revenue into city coffers. Some aldermen have called for stricter enforcement of existing sales regulations as opposed to an outright ban.

September 7, 2020
Activists Want Say on California’s Flavor Ban

Photo: Vchalup | Dreamstime.com
Opponents of California’s recently enacted ban on the sale of flavored tobacco and vapor products are working to get a referendum on the measure, reports The Los Angeles Times.
If the referendum qualifies with the collection of 623,212 signatures, the sales ban would be placed on hold until voters are given a chance to vote on the issue, possibly in 2022.
The referendum is being pursued by a new political group called the California Coalition for Fairness
“We agree that youth should never have access to any tobacco products, but this can be achieved without imposing a total prohibition on products that millions of adults choose to use,” the group wrote in a statement. “This law goes too far and is unfair, particularly since lawmakers have exempted hookah, expensive cigars and flavored pipe tobacco from the prohibition.”
State Senator Jerry Hill, the author of the bill, denounced the plan to seek a referendum.
“California fought Big Tobacco and won,” Hill was quoted as saying. “This shameless industry is a sore loser and it is relentless. It wants to keep killing people with its candy-, fruit-, mint- and menthol-flavored poison. The adults who are hooked on nicotine aren’t enough for Big Tobacco; it wants our kids too.”
The bill was signed into law by California Governor Gavin Newsom on Aug. 28. The legislation prohibits the sale of tobacco and vapor flavors, including menthol, in the state beginning Jan 1, 2021. The legislation does not make it illegal for someone to purchase, possess or use flavored tobacco or vapor products.
September 4, 2020
Kiwi Group Argues Against Curtailing Flavors

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End Smoking NZ group has urged the government of New Zealand to curtail legislation set to impede vapor product sales.
The government aims to restrict vapor product flavors to three varieties—mint, menthol and tobacco. End Smoking NZ fears the rule will drive people who have used vapor products to quit smoking back to cigarettes.
“This rapid decline in cigarette sales shows vaping products are clearly working,” said Ends Smoking NZ in statement. “However, the government’s over-regulation of flavors will mean cigarette sales are set to get a boost. No wonder tobacco companies are welcoming the flavor restrictions as they will simply help preserve traditional tobacco’s longevity.”
In 2019, cigarette sales totaled 2.13 billion pieces in New Zealand.
“The success of vaping, and the huge dent it has made on cigarette sales, is due to the accessibility and appeal of vaping to adult smokers,” said Ben Pryor, co-owner of Alt New Zealand and VAPO. “Adults love flavors, and those successfully transitioning from cigarettes to vaping need comparable nicotine. If you tighten the screws on both, you are simply making it harder for Kiwis to quit smoking and that’s a very poor public health outcome.”
August 28, 2020