Category: Legislation

  • San Antonio Adds Vapes to Smoking Ordinace

    San Antonio Adds Vapes to Smoking Ordinace

    Credit: Lucitanija

    The City of San Antonio, Texas, is banning the use of e-cigarettes, or vaping, where smoking is currently restricted. The revised ordinance will take effect on January 1, 2025, and will prohibit their use in all venues where smoking is currently restricted.

    Businesses must include the electronic smoking device icon on signs prohibiting smoking. The icons for both cigarettes and e-cigarettes should be enclosed in the standard red circle with a red bar across them, media reports. They will be required for every public place and place of employment where smoking is currently prohibited.

    “This update reflects our commitment as the community health strategist and ensures that policies remain relevant to current circumstances, adapt to technological changes, and mitigate potential risks,” said Dr. Claude A. Jacob, Metro Health director. “By reducing exposure to secondhand smoke and promoting smoke-free environments, we are taking significant steps to protect the health of our citizens.”

  • Peabody Rejects Generational Tobacco Ban Proposal

    Peabody Rejects Generational Tobacco Ban Proposal

    rejected
    Credit: Seventyfour

    The Peabody Board of Health in Peabody, Massachusetts, suspended efforts to enact a so-called “generational smoking ban” in favor of greater collaborative efforts with tobacco retailers to curb youth use of nicotine products following a nearly three-hour public hearing on Thursday.

    The proposed ban would have permanently restricted the sales of tobacco products to all residents born on or after Jan. 1, 2004 — essentially creating a ban on all tobacco sales in the city over a long period of time.

    Those in favor of the ban — based on the first-of-its-kind Brookline ban that survived efforts to overturn it at the state Supreme Judicial Court — argued that tobacco use is a public health danger with this step necessary to eliminate it over time in a way that delivers the least negative impact to local business as possible.

    Those against the ban — which include four City Councilors who spoke, they said, on behalf of their constituents on Thursday — said tobacco use is a personal choice after age 21 and that the city should not act as an “island” outside of the state in enacting the ban that could harm local businesses and infringe on individual rights.

    The Board of Health voted 2-1 to table the proposal for a year or longer after Director of Public Health Sharon Cameron proposed her plan to create an enforceable regulation agreement with the city’s tobacco retailers that includes increased enforcement of laws that prevent those under 21 from buying products and bans the use of flavored tobacco products, as well as enhanced training, education and monitoring of retailers.

  • UKVIA Urges Balance in New Vape Legislation

    UKVIA Urges Balance in New Vape Legislation

    VV Archive

    The U.K. Vaping Industry Association (UKVIA) has warned policymakers ahead of the Tobacco & Vapes Bill that it has to strike the right balance between introducing new vaping legislation and ensuring that it does not deter smokers from giving up by switching to considerably less harmful vapes.

    On Oct. 24, the U.K. government announced that disposable vapes will be banned from June next year,

    In a statement, the UKVIA reminded policymakers that vaping and disposable vapes have made a huge contribution to bringing down smoking rates amongst adults to the lowest levels on record in recent years.

    “We recognize that disposable vapes have divided opinion, but their accessibility and convenience, particularly amongst low income groups who are the most prevalent smokers, should not be forgotten and highlights the careful balancing act required in future legislation so that it does not penalize those adult smokers that want to give up by using vapes, which have been evidenced to be the most effective method in quitting cigarettes,” said John Dunne, director general of the UKVIA.

    “We have not shied away from the fact that the environmental impact and youth vaping challenges associated with disposables need to be addressed head on. Also, this announcement does nothing to stop the import of disposable vapes, which means there is a ready supply entering the country which will make their way onto the black market.

    “Bans are not the answer as we’ve seen in other parts of the world, such as Australia, as they will only boost the black market which will pose significant risks to young people and the environment.

    This announcement does nothing to stop the import of disposable vapes, which means there is a ready supply entering the country which will make their way onto the black market.

    John Dunne, director general, UKVIA

    “What’s needed is greater enforcement of current laws in place which make it a legal requirement for vape traders not to sell to children under the age of 18 and to comply with environmental legislation such as the WEEE regulations. However, recent Freedom of Information requests sent to Trading Standards nationally, the Environmental Agency and Office for Product Safety and Standards shows extremely low levels of enforcement in terms of the penalties and prosecutions that would make rogue traders think twice about breaking the law.”

    “It’s why we have campaigned for a vape retailer and distributor licensing scheme. To qualify for a license, retailers will need to show they have put measures in place to prevent the sale of vapes to minors. Distributors will also need to ensure they are meeting environmental obligations, as well as ensuring they only stock and sell compliant goods. As part of this scheme we are also calling for up to £10,000 [$12,976)] and £100,000 fines for retailers and distributors respectively who break the law, and together with the money that the licensing scheme will raise—estimated to be £50 million—this will be used to fund the level of enforcement that is required.”

  • Australia’s New Vape Product Rules Take Effect

    Australia’s New Vape Product Rules Take Effect

    Image: alexlmx

    Australia’s new vape rules take effect today.

    As of Oct. 1, 2024, people aged 18 years and older can buy vapes from participating pharmacies with a nicotine concentration of 20 mg per milliliter or less without a prescription, where states and territory laws allow, according to the website of the Australian government’s Department of Health and Aged Care.

    Prior to purchasing, consumers must speak with a pharmacist, discussing the product and dosage, along with other options to quit smoking and/or manage nicotine dependence. Consumers must also provide proof of age.

    Pharmacies may sell only one month’s supply to a given customer over the course of one month.

    People under 18 years need a prescription to access vapes, where state and territory laws allow, to ensure they get appropriate medical advice and supervision.

    People who need vapes with a higher concentration of nicotine than 20 mg per milliliter also need a prescription, regardless of their age.

    Flavors are restricted to mint, menthol and tobacco, and vapes must adhere to plain pharmaceutical packaging standards. 

    The law targets commercial and criminal supply of vapes. Individuals, including people under 18 years, who have a small amount of vapes/vaping products for personal use will not be targeted under the law.

  • On Oct. 1, Malaysia’s New Smoking Rules Take Effect

    On Oct. 1, Malaysia’s New Smoking Rules Take Effect

    Malaysia’s new tobacco law will take effect Oct. 1, reports Malay Mail.

    The law covers regulations related to the registration, sale, packaging and labeling of smoking products, along with restrictions on smoking in public places.

    The new legislation also covers electronic cigarettes.

    The law seeks to prohibit the sale and purchase of tobacco products, smoking materials and tobacco substitutes to minors, as well as the provision of any smoking-related services to those under the age of 18.

    Health groups have repeatedly urged the government to expedite the enforcement of new law, especially following a controversial decision last year by former Health Minister Zaliha Mustafa to remove liquid nicotine from the poisons list.

  • Italian Lawmakers Examine Nicotine Legislation

    Italian Lawmakers Examine Nicotine Legislation

    Photo: chrisdorney

    Italian lawmakers have started investigating the country’s taxation and concessionary system for the retail sale of tobacco and next-generation products, reports Sigmagazine.

    On Sept. 18, the Chamber of Deputies’ finance committee heard from three tobacconist organizations. The exchange will likely be followed by hearings of vapor industry representatives.

    This marks the first formal occasion where politicians acknowledge the nicotine sector, thus recognizing it as a legitimate interlocutor.

    Italy’s tobacco market has been in flux as traditional tobacco products, particularly cigarettes, have lost ground to next-generation products, which jumped from 4 percent to 18 percent of the market between 2019 and 2023.

    In response to the shifting sales trends and tax receipts, Italian lawmakers have adjusted the fiscal framework for smoking products. For example, during the 17th legislature, they extended excise duties to noncombustible tobacco products. E-liquids made from substances other than tobacco used in e-cigarettes were also subjected to taxes.

    In addition to analyzing the tax framework, the finance committee wants to assess whether the system is consistent with EU rules and gather insights into the illicit trade.

    According to the Italian Tobacconist Federation, the illegal market for smoking products and inhalable products is worth €1 billion ($1.11 billion), causing the state and tobacconists to miss out on income of €620 million and €120 million, respectively.

    The commission’s work must be completed by Dec. 31, 2024.

  • South Africa Tobacco Control Bill Not Up in Smoke

    South Africa Tobacco Control Bill Not Up in Smoke

    Credit: Pavlo Fox

    A leftover bill from the previous administration seeking to tighten tobacco and vaping product regulations is back before South Africa’s Parliament’s health committee.

    However, the business community believes it needs to be properly consulted on its potential impact, media outlets have reported.

    Minister of Health Aaron Motsoaledi is set to reintroduce the Tobacco Control & Electronic Delivery Systems Control Bill to the portfolio committee on health on Wednesday.

    The government is pressing on in its efforts to align South Africa’s smoking restrictions with World Health Organisation (WHO) standards.

    Vaping advocates previously said the bill would destroy the vapor industry if it became law.

    The Vapour Products Association of South Africa (VPASA) warned that, among other provisions, the Tobacco Products and Electronic Delivery Systems Control Bill opens an avenue for the government to ban the sale of flavored e-liquids, which tobacco harm advocates insist are key to entice smokers away from cigarettes.

  • Airbox Fined for Illegal ‘Distance Selling’ in Slovakia

    Airbox Fined for Illegal ‘Distance Selling’ in Slovakia

    Credit: Pavlofox

    Airbox of Slovakia has been fined HUF189 million ($527,283) for illegally selling electronic nicotine delivery devices online in Hungary, reports the Daily News Hungary. The Hungarian Competition Authority (GVH) has blocked the company’s website.

    The GVH started proceedings against Airbox in February after it found that the company was likely misleading customers on its Hungarian-language website about the legality of its products in Hungary.

    Hungary law prohibits the online marketing and distance selling of flavored tobacco products and electronic smoking devices. The GVH found that Airbox had engaged in unfair commercial practices.

    Earlier, the GVH acted against two Slovak companies for illegally selling Elf Bar and other vaping products in Hungary.

  • Malaysian Activists Concerned About Vape Rules

    Malaysian Activists Concerned About Vape Rules

    Image: Butenkow/Usama

    The Malaysian Vapers Alliance (MVA) is voicing concerns about the potential impact of the Control of Smoking Products for Public Health Act 2024 (Act 852) on the vaping community.

    With Act 852 currently in its final review at the Attorney-General’s Chambers, the MVA is urging lawmakers to consider the consequences of overly stringent regulations on vapers, especially ex-smokers who have quit smoking by switching to vaping.

    A survey conducted by the MVA last year revealed 73.7 percent of vapers in Malaysia are former smokers. The MVA cautions the government that classifying vaping products in the same category as cigarettes under the new regulations, including strict measures like a ban on display of vape products, could drive these ex-smokers back to smoking cigarettes. This shift would undermine public health efforts to reduce smoking rates.

    We urge the government to adopt a balanced approach that recognizes the harm reduction potential of vape and provide a supportive environment for vapers to stay off tobacco.

    Khairil Azizi Khairuddin, president, Malaysian Vapers Alliance

    Khairil Azizi Khairuddin, president of the Malaysian Vapers Alliance emphasized the importance of separate regulations between vape and tobacco products to prevent a regression in public health outcomes.

    “Harsh regulations that fail to distinguish between vaping and smoking, like banning the display of vape products, could see many vapers, who have successfully quit smoking traditional tobacco, to revert to their old habits,” Khairil Azizi Khairuddin said. “Such a shift not only jeopardize their health but also reverses nationwide progress in reducing smoking prevalence in Malaysia.”

    “We urge the government to adopt a balanced approach that recognizes the harm reduction potential of vape and provide a supportive environment for vapers to stay off tobacco.”

    The MVA survey also revealed that the majority of vapers (80.1 percent) switched to vape as it helped them quit smoking. The implementation of harsh regulations, that do not consider these facts, could undermine the progress of reducing smoking rates in the country.

    “MVA calls on the ministry of health to ensure that the final version of Act 852 includes sensible regulations that support harm reduction and do not classify vaping products the same as cigarettes. We believe that informed and balanced regulation can protect public health while ensuring that vapers do not revert to smoking,” Khairil Azizi Khairuddin said.

  • Thailand: Critics Call for Targeted Vaping Laws

    Thailand: Critics Call for Targeted Vaping Laws

    Photo: Looker Studio | Carsten Reisinger

    Thailand should create a law specifically targeting vaping, Deputy Public Health Minister Thanakrit Jitareerat told the National Health Commission Office on Aug. 1, according to a report in The Taiger.

    With various agencies independently enforcing measures based on different laws, Thailand has been unable to halt the spread of vaping, according to the minister.

    “The measures we have rolled out to date have proved ineffective, so a specific law on the matter must be drafted as soon as possible, describing vaping as a serious threat to society,” Jitareerat was quoted as saying.

    National Health Commission Office Chairman Banjerd Singkaneti countered that the government should refine existing laws to provide clearer guidelines for authorities.

    “In the long run, possession of e-cigarettes should be clearly prohibited by law so that the police will have no excuse not to pursue legal action,” Banjerd said.

    The Office of the Consumer Protection Board seized 100,000 illegal e-cigarettes in 2023, up from 27,000 in 2020.