Category: Flavors

  • California Ban on Flavored Vapor Products Expected

    California Ban on Flavored Vapor Products Expected

    blueberry
    Credit: Katherine Chase

    California is on track to ban the sale of most flavored tobacco products, joining states like New York and Massachusetts. The state Assembly passed the ban on Monday, two months after the state Senate passed a similar proposal.

    The move sets up negotiations between the Assembly and Senate to resolve differences in the bill before it heads to the desk of Gov. Gavin Newsom, who has indicated his support for the ban.

    The bill does not make it a crime for people to possess flavored tobacco products, but it bans retailers from selling them. Violators would face a $250 fine.

    There is also a sizable exemption for flavored shisha tobacco that is sold by a hookah tobacco retailer, though the law requires several conditions to be met:

    • The hookah tobacco retailer has a valid license to sell tobacco products;
    • The hookah tobacco retailer does not permit any person under 21 years of age to be present or enter the premises at any time;
    • The hookah tobacco retailer shall operate in accordance with all relevant state and local laws relating to the sale of tobacco products; and
    • If consumption of tobacco products is allowed on the premises of the hookah tobacco retailer, the hookah tobacco retailer shall operate in accordance with all state and local laws relating to the consumption of tobacco products on the premises of a tobacco retailer.

    The two chambers must now resolve the differences in their versions of the bill; the Senate bill did not include the exemptions that were passed in the Assembly.

  • Oregon Group Wants Ban on All Vaping Products

    Oregon Group Wants Ban on All Vaping Products

    Credit: Zac Gnadinger

    Oregon should ban flavored e-cigarettes and vaping products, crack down on online sales and enact more industry regulations to discourage youth vaping, according to recommendations from the state’s Vaping Public Health Work Group.

    The group sent its recommendations to Gov. Kate Brown on Thursday after eight months of work examining the health risks of vaping and potential public policy solutions. The recommendations are a reminder that vaping became a public health risk well before COVID-19 captured the nation’s attention, an article by Ben Botkin of The Lund Report stated.

    Oregon had 23 cases of vaping-related lung injuries which resulted in two deaths by March 12, according to Oregon Health Authority data. More recent data were not available.

    “In the middle of a worldwide pandemic, it might be easy to forget that less than a year ago, we faced a nationwide epidemic of vaping-related illness,” Brown said in a statement. “Now, though, as we are facing the spread of a disease that attacks the respiratory system, it’s even more important that we take steps to protect the health and safety of Oregon’s youth, who have been using vaping products at increasingly high rates.”

    Flavored products appeal to young people, and the industry targets them along with low-income people and people of color, the working group said in its recommendations. The group’s membership includes doctors and other experts in pulmonology, pediatrics and public health along with state lawmakers and state agency officials, Botkin’s story states.

    The working group also recommended banning harmful ingredients and requiring disclosure of ingredients in cannabis products, with standards for documentation and verification. One harmful additive is vitamin E acetate, which is “strongly linked” to the outbreak of vaping-related illness last summer in Oregon, the governor’s office said.

    The working group called for a price hike for tobacco and nicotine products, including e-cigarettes, with tax or non-tax approaches, such as a ban on price promotions or discounts that target youth.

    That recommendation comes as Oregon voters will consider a ballot measure in November that would increase the tobacco tax for cigarettes by $2 a pack and enact a 65% wholesale tax on nicotine vaping products and e-cigarettes, which are not currently taxed. That measure is intended to raise money for tobacco cessation programs and Medicaid.

    In addition to a ban on online and telephone sales, the working group recommended other regulations. They include tobacco retailing licensing to ensure that retailers are not selling to underage Oregonians and to raise money through licensure fees for vaping-awareness education and enforcement efforts. Oregon is one of only eight states without a tobacco retail licensing system.

    The working group also recommended audit testing of marijuana products to prevent prohibited substances and verify all ingredients and additives.

    On the health care front, the work group called for making cessation supports like medications and counseling more widely available through health care providers and insurers, including providers in nonclinical settings to remove barriers to patients.

    Oregon lawmakers have unsuccessfully tried to put more regulation of vaping products in place.

    In the short session earlier this year, lawmakers considered, but did not pass, bills that would have banned flavored vaping products and prevented remote online sales to discourage underage youth from illicit purchases. The bill to ban flavored vaping products faced strong opposition from the industry and was pared down to a simpler proposal with more regulations to prevent minors from purchases. Those bills died when the session ended in March after a Republican-led walkout to kill a carbon tax bill prevented the House and Senate from having a quorum.

  • U.S. Customs Seizes $444,000 Worth of Banned Products

    U.S. Customs Seizes $444,000 Worth of Banned Products

    The U. S. Customs and Border Protection is cracking down on illegal vape products. Customs officers seized more than $200,000 worth of unapproved disposable products destined for western Pennsylvania on Aug 11.

    Customs officers at the Port of Philadelphia since June, have racked up 48 combined seizures worth an estimated $444,000, according to news reports.

    According to customs, eight shipments of counterfeit and unapproved e-cigarettes destined to Bucks, Chester and Delaware counties were seized at the Port of Philadelphia between June 4 and Aug. 11.

    The shipments included 30,400 e-cigarette pods under brand names Eonsmoke, Pop, Puff, and St!k and Bidi.

    All of the products were shipped directly from China or Hong Kong, according to reports.

    The U.S. Food and Drug Administration issued warning letters notifying ten companies, including Cool Clouds Distribution Inc. (doing business as Puff Bar), to remove their flavored disposable e-cigarettes and youth-appealing e-liquid products from the market because they do not have the required premarket authorization.

    These new actions are part of the FDA’s ongoing, aggressive effort to act against illegally marketed tobacco products amid the public health crisis of youth e-cigarette use

  • Montana Officials End Bid to Ban Flavored Vaping Products

    Montana Officials End Bid to Ban Flavored Vaping Products

    Credit: Smoking Vapor

    The Montana health department has ended its quest to ban flavored vaping products in the state.

    The decision came Friday after 13 state senators and seven representatives, all Republicans, signed letters last month opposing the rule and stating that the health department does not have the authority to implement such a ban, according to NBC Montana.

    Montana law dictates that a poll of the entire Legislature is required when 20 or more legislators object to a proposed administrative rule.

    Department of Public Health and Human Services Director Sheila Hogan said the decision to poll the Legislature revealed that additional education and collaboration is necessary to protect Montana’s young people, according to the story

  • Health Groups: No Evidence Flavors Help Smokers Quit

    Health Groups: No Evidence Flavors Help Smokers Quit

    As manufacturers of e-cigarettes and certain other tobacco products face a Sept. 9, 2020, deadline to apply to the U.S. Food and Drug Administration (FDA) to keep their products on the market, six public health and medical organizations are urging the FDA not to authorize the sale of any flavored products.

    “The FDA should not authorize the sale of any flavored tobacco product, including e-cigarettes or e-liquids, because of the clear evidence that flavored products appeal to youth and have driven the current epidemic of e-cigarette use among youth and young adults, and the lack of evidence that flavored products help smokers quit,” the groups wrote in a joint statement.

    “Research shows that 97 percent of youth e-cigarette users report using a flavored product in the past month and 70 percent say they use e-cigarettes ‘because they come in flavors I like.’ In contrast, there is no credible evidence that flavored e-cigarettes help adult smokers quit. In a report issued earlier this year, the U.S. Surgeon General concluded, ‘there is presently inadequate evidence to conclude that e-cigarettes, in general, increase smoking cessation’,” the organizations wrote.

    The groups also called on the FDA to take prompt enforcement action to remove from the market products for which applications are required but are not submitted by the Sept. 9 deadline.

    The organizations that issued the statement are the American Academy of Pediatrics, the American Cancer Society Cancer Action Network, the American Heart Association, the American Lung Association, the Campaign for Tobacco-Free Kids and the Truth Initiative.

  • New Zealand Enacts Law Restricting Flavors in E-liquids

    New Zealand Enacts Law Restricting Flavors in E-liquids

    Credit: Vape Club

    The vaping industry in New Zealand has three months to prepare for regulation after a law banning advertising and restricting flavors has passed under the cover of night. It’s taken 620 days to get the law over the line after Associate Health Minister Jenny Salesa promised to regulate the industry in November 2018.

    It wasn’t until this year she introduced the bill, which was voted through the House late last night – just before the final sitting day in this term of government, according to an article in The New Zealand Herald.

    The Smokefree Environments and Regulated Products Vaping Amendment Bill will come into effect in November of this year. It has broadly been welcomed but some fear it is too restrictive and could result in people using vaping as a smoking-cessation tool to turn back to cigarettes.

    The new law will:

    • Ban the sale of vaping products to those under the age of 18.
    • Prohibit advertising the products and encouraging people to buy them in-store.
    • Limit the sale of all flavors to specialist stores, including online retailers, with shops Like dairies, supermarkets and petrol stations restricted to mint, menthol and tobacco.
    • Allow speciality stores to continue offering loyalty points and discounts.
    • Ban vaping in cars with children.
    • Enable all retailers to display products in-store.
    • Provide a framework for regulations to be set where people are allowed to vape in or outside premises.
    • Introduce a safety system which would allow the Ministry of Health to recall products, suspend them and issue warnings.

  • Taxpayers’ Group Slams Kiwi Curbs on Flavors

    Taxpayers’ Group Slams Kiwi Curbs on Flavors

    New Zealand will enact flavor restrictions and ban vapor product advertising in November, reports the New Zealand Herald.

    The country’s House of Representatives passed the Smokefree Environments and Regulated Products Vaping Amendment Bill on Aug. 5—just before the final sitting day in this term of government.

    Associate Health Minister Jenny Salesa promised to regulate the industry in November 2018 but didn’t introduced the bill until this year. She described the legislation as the most significant change to the Smokefree Act.

    The new law will:

    • Ban the sale of vaping products to those under the age of 18.
    • Prohibit advertising the products and encouraging people to buy them in-store.
    • Limit the sale of all flavors to specialist stores, including online retailers, with shops Like dairies, supermarkets and petrol stations restricted to mint, menthol and tobacco.
    • Allow specialty stores to continue offering loyalty points and discounts.
    • Ban vaping in cars with children.
    • Enable all retailers to display products in-store.
    • Provide a framework for regulations to be set where people can vape in or outside premises.
    • Introduce a safety system which would allow the Ministry of Health to recall products, suspend them and issue warnings.

    Critics said the new rules are too restrictive and could prompt people using vaping as a smoking-cessation tool to turn back to cigarettes.

    “The vaping regulations rushed through under urgency are an absolute boon for the tobacco industry,” said Jordan Williams, spokesman of the New Zealand Taxpayers’ Union. “Decreasing the availability of appealing alternatives to cigarettes will keep disproportionately poor New Zealanders on the durries, paying a massive price in excise tax and devastating health outcomes.

    “The range of appealing flavors is one of the key attractors for smokers transitioning off cigarettes,” he said. “When someone walks into a convenience store and is denied access to flavored vape liquid but can still buy their favorite cigarette brand, they’re at risk of falling off the wagon. And a complete ban on advertising for vaping products will prevent these brands from appealing to smokers to make the switch,” said Williams.

  • FDA Tells 10 Companies to End U.S. Sales

    FDA Tells 10 Companies to End U.S. Sales

    Courtesy: US FDA

    The U.S. Food and Drug Administration (FDA) has issued warning letters to 10 companies, including Puff Bar parent Cool Clouds Distribution, asking for the removal of flavored disposable e-cigarettes from the market. The FDA cites youth-appeal and a lack of a required premarket authorization.

    “These new actions are part of the FDA’s ongoing, aggressive effort to act against illegally marketed tobacco products amid the public health crisis of youth e-cigarette use in America,” said FDA Commissioner Stephen Hahn. “The agency is particularly concerned about the appeal of flavored, disposable e-cigarettes to youth and continues to monitor all available data.”

    Three firms are receiving warning letters for illegally marketing disposable e-cigarettes—Puff Bar, HQD Tech USA LLC and Myle Vape Inc. The FDA’s review of the companies’ websites revealed that each firm is selling or distributing unauthorized tobacco products that were first introduced or modified after Aug. 8, 2016—the effective date of the deeming rule that extended the FDA’s authority to all tobacco products.

    “Despite suspending in-person inspection activities—such as retail compliance checks and vape shop inspections—due to the COVID-19 pandemic, our enforcement against unauthorized e-cigarette products has endured,” said Mitch Zeller, J.D., director of the FDA’s Center for Tobacco Products. “These warning letters are the result of ongoing internet monitoring for violations of tobacco laws and regulations.”

    Any new tobacco product not in compliance with the premarket requirements of the Federal Food, Drug and Cosmetic Act (FD&C Act) is adulterated and misbranded and may not be marketed without FDA authorization, according to the FDA. Puff Bar and HQD Tech USA LLC were also cited for an additional violation for marketing their products as modified risk tobacco products without an FDA order in effect that permits such marketing.

    Additionally, the FDA issued seven other warning letters to the following firms: Eleaf USA, Vape Deal LLC, Majestic Vapor LLC, E Cigarette Empire LLC, Ohm City Vapes Inc., Breazy Inc. and Hina Singh Enterprises (doing business as Just Eliquids Distro Inc.), who “sell or distribute unauthorized electronic nicotine delivery system (ENDS) products targeted to youth or likely to promote use by youth. These firms were cited for marketing unauthorized e-liquids that imitate packaging for food products that often are marketed and appeal to youth, such as Cinnamon Toast Crunch cereal, Twinkies, Cherry Coke and popcorn, or feature cartoon characters.”

    The FDA has requested responses from each firm within 15 working days detailing how each company intends to address the agency’s concerns, including the dates on which each firm discontinued the sale and/or distribution of these tobacco products, and its plans for maintaining compliance. Failure to correct violations may result in further action such as a civil money penalty complaint, seizure or injunction. In addition, misbranded or adulterated products imported into the U.S. are subject to detention and refusal of admission, according to the FDA.

    The FDA’s actions during the COVID-19 pandemic also include a recent warning letter to e-liquid manufacturer StemStix Inc. for violations of the FD&C Act, including marketing new tobacco products without authorization, marketing tobacco products with false and misleading advertising and marketing unauthorized modified risk tobacco products.

    Additionally, last month the agency issued letters to seven tobacco product manufacturers requesting information to help the FDA examine whether certain tobacco products were first marketed after the deeming rule’s effective date and therefore not subject to FDA’s policy on deferred enforcement of the premarket requirements for certain deemed products. Over the past four months, the agency has also refused admission into the U.S. of at least 74 entries of disposable ENDS products for violations of the FD&C Act.

  • No Decision Reached in Montana Flavor Ban Talks

    No Decision Reached in Montana Flavor Ban Talks

    Photo: Yekophotostudio | Dreamstime.com

    Those advocating both for and against a proposed ban on the sale of flavored vapor products gave two very different opinions of the same product. During a virtual hearing on Thursday, proponents of flavored vapes said a ban would protect children from a lifetime of addiction to nicotine while those opposed claimed it was being unfairly targeted and helped smokers quit combustible cigarettes.

    The ban, discussed during a two-hour virtual hearing held by the Department of Public Health and Human Services (DPHHS), would eliminate the sale, marketing, advertising or distribution of flavored electronic smoking products, also known as vaping, that target Montana youth, according to an article in the Great Falls Tribune.

    No decision was reached Thursday, only public testimony was taken.

    Comments can also be submitted in writing to Heidi Clark, DPHHS Office of Legal Affairs, PO Box 4210, Helena, MT, 59604; fax (406) 444-9744; or email dphhslegal@mt.gov. Comments must be received no later than 5 p.m. July 24.

  • Puff Bar Suspends U.S. Sales

    Puff Bar Suspends U.S. Sales

    Photo: Puff Bar

    Puff Bar has “ceased all online sales and distribution in the U.S. until further notice,” according to its website. International sales will continue for now.

    The California-based e-cigarette company has come under scrutiny lately for replacing Juul as the vape of choice among young people as Juul Labs discontinued some of its flavored products.

    Puff Bar comes in more than 20 flavors, including pina colada and pink lemonade. Although the Trump administration banned fruit, mint and dessert flavors in refillable cartridge-based e-cigarettes like Juul earlier this year, it exempted brands that are used once and thrown away.

    Launched last year, Puff Bar has been the key beneficiary of the decision to exempt disposables form the flavor ban. Juul’s business, by contrast, has shriveled since it restricted sales in the United States to tobacco and menthol varieties last fall.

    When the FDA started regulating e-cigarettes, it permitted the continued sale of products that were on the market as of Aug. 8, 2016, pending agency review. Because Puff Bar was introduced after that date, the agency should have the authority to remove it even though the product is disposable and even if the FDA cannot prove the company is targeting youths.

    The exception would be if Puff Bar had already been on the market before the 2016 deadline, under a different name or sold by another company.

    Much remains unknown about Puff Bar. For example, it is unclear who owns the company, according to FairWarning. A document filed with the California Secretary of State lists Patrick Beltran as the chief financial officer and Nick Minas as the CEO, but both men have stated that despite their titles, they are in charge only of running the company’s website.

    While online U.S. sales have been suspended for now, Puff Bar products are still available on other ecommerce sites, such as Eliquidstop, which is owned by Minas and Beltran. Puff Bars can also still be found at numerous convenience stores throughout the U.S.