Category: Regulation

  • BAT Calls for ‘More Stringent’ Regulations on Vaping

    BAT Calls for ‘More Stringent’ Regulations on Vaping

    BAT has called for “more stringent” regulations on vaping, including a licensing regime similar to alcohol and cigarettes.

    The London-based e-cigarette and traditional tobacco manufacturer also wants a ban on flavors that “uniquely” target children.

    The UK government is already considering new regulations amid concerns that many young people are vaping, according to the BBC.

    It has promised legislation following a public consultation that is currently underway.

    BAT is the third-largest seller of vapes in the UK, according to market research firm NielsenIQ.

    It sells Rothmans and Lucky Strike cigarettes and is the most successful of the big western tobacco companies in the UK’s booming market for disposable vapes, thought to be worth at least £3 billion ($3.78 billion) a year.

    BAT is calling for vape sellers to be licensed and for licenses to be taken away from firms caught selling to minors. You must be 18 to buy vapes in the UK legally.

    The company also wants a ban on soft drinks and sweet or dessert flavors such as gummy bears or cotton candy, which it says appeal “uniquely” to the young.

    BAT doesn’t sell these flavors, though they have been a factor in the success of market leader Elfbar, the number two, SKE, and other brands.

  • Comment Period for Ireland’s Vaping Rules Begins

    Comment Period for Ireland’s Vaping Rules Begins

    Credit: Milbsie

    Vapers in Ireland can now have their say from today on the future regulation of vaping products.

    Minister for Health Stephen Donnelly has brought legislation before the Oireachtas that will ban under-18s from buying e-cigarettes.

    Minister of State Hildeguarde Naughton said the Department of Health wants to know if the public favors further restrictions as well.

    “I have given a commitment to further legislation in this area,” she said, according to NewsTalk.

    “That’s why we’re launching this consultation today; it runs until January 5th to get people’s views about what other measures we need to introduce in order to decrease the appeal of nicotine and inhaling products.”

    Over the next four weeks, the public will be consulted on a number of areas, including:

    • The display of nicotine-inhaling products in shops
    • Nicotine-inhaling product flavours
    • The appearance of nicotine inhaling products
    • Proxy sales of tobacco and nicotine-inhaling products
    • Smoking in outdoor dining areas
    • Extending smoke-free restrictions to vaping
    • Increasing the age of sale for tobacco products
    • Increasing the price of vapes

    Naughton wants “as many people as possible” to engage in public consultation over the coming weeks.

    The public consultation is now open for submissions for a six-week period until Friday, January 5, 2024.

    The smokers’ rights group Forest has criticized recommendations to regulate the sector further, saying there is a risk that policy will be created “in haste.”

    Forest spokesperson John Mallon said: “We urge the government not to succumb to some moral panic about vaping and to regulate reduced risk products with a light touch that doesn’t impact on their effectiveness as a safer alternative to cigarettes.”

  • Report Finds Tobacco Control Efforts Have Slowed

    Report Finds Tobacco Control Efforts Have Slowed

    Photo: DenisNata

    Implementation of tobacco control policy measures required by the World Health Organization’s Framework Convention on Tobacco Control (FCTC) decelerated during the Covid-19 pandemic, according to new data acquired by the Global Tobacco Control Progress Hub.

    The MPOWER tobacco control scorecard, which reports country-level implementation of key FCTC policy measures, reveals that two-thirds (68 percent) of 195 countries reported no improvement or a reduction in key policies to reduce tobacco use between 2020 and 2022, with one-third of countries (35 percent) reporting a decline. Only 32 percent of reporting countries reported an improvement.

    The largest declines occurred in low-income countries and those located in the eastern Mediterranean and southeast Asia. However, the slowdown was observed around the globe.

    “We are very concerned with the deceleration in the adoption of high-impact tobacco control policies,” said Joanna Cohen of the Institute for Global Tobacco Control at the Johns Hopkins Bloomberg School of Public Health in a statement.

    “This disruption is very troubling, especially following 12 years of steady progress in implementing these policies. We urge all countries to redouble efforts to reduce tobacco use to make up for lost ground. We cannot allow this setback to further impair global efforts to curb the tobacco epidemic. Progress delayed is improved health denied.”

    The news comes prior to an abbreviated summit of the FCTC treaty scheduled for later this week in Geneva. The treaty’s 10th Conference of the Parties (COP10) is being convened virtually on Nov. 23 and Nov. 24, to be followed by a full session in early 2024.

    “This slowdown is a wake-up call and we urge all countries to adopt strong measures to get tobacco control back on track and reignite global efforts to reduce tobacco use,” said Les Hagen of ASH Canada.

    “The enactment of high-impact tobacco control policies was delayed during the Covid-19 pandemic, and we cannot allow the tobacco industry to take further advantage of the situation. This disturbing slowdown could have dire consequences for millions of people worldwide, especially if it is sustained. We urge all FCTC Parties to throttle up efforts to reduce tobacco use and bend the curve back to its previous trajectory.”

    Introduced in 2003 by the WHO, the Framework Convention on Tobacco Control is the world’s only public health treaty. The treaty is credited with preventing millions of deaths resulting from tobacco use. Tobacco kills over eight million people annually worldwide, representing one of the leading causes of death and disease.

    The Global Tobacco Control Progress Hub is an independent public health treaty surveillance platform and it is a collaboration of ASH Canada and the Institute for Global Tobacco Control at the Johns Hopkins Bloomberg School of Public Health.

  • Australian Lobbists Refuse to Disclose Vape Funding

    Australian Lobbists Refuse to Disclose Vape Funding

    Lobby groups in Australia representing convenience and grocery stores have refused to tell a Senate inquiry how much they receive in vaping and tobacco industry funding.

    The failure to disclose industry funding follows public hearings into the public health (tobacco and other products) bill earlier in November. It comes as concerns are raised about one lobby group having a parliamentary access pass, according to media reports.

    If introduced, the reforms will see updated and improved graphic warnings added to tobacco packaging and included on individual cigarettes, and specific additives in tobacco and vaping products, like menthols, banned.

    Neither the chief executive of the Australasian Association of Convenience Stores [AACS], Theo Foukkare, nor the chief executive of Master Grocers Australia [MGA], David Inall, disclosed the value of the funding their groups received from the vaping or tobacco industries, despite being asked to provide conflict-of-interest statements before attending.

    The AACS represents convenience stores and petrol stations, while the MGA is the industry association for independent grocery and convenience stores. Both groups have corporate members, including tobacco companies, and both groups support the tobacco industry’s campaign against plain packaging reforms.

    During the inquiry’s public hearings, Foukkare and Inall said proposed tobacco and vaping reforms would fuel the illicit markets, a claim rejected by health experts who gave evidence.

  • Costa Rican Health Ministry Warns of Vaping Dangers

    Costa Rican Health Ministry Warns of Vaping Dangers

    Credit: Joao

    The Costa Rican Ministry of Health in Costa Rica has again warned the population about the use of electronic cigarettes by minors and mentioned the provision that prohibits the sale of vaping products to youth.

    “In the last months worldwide, there have been events linking the use of Electronic Nicotine Delivery Systems (ENDS), Similar Systems Without Nicotine (SNNS) and electronic devices that use heated tobacco, and analog technologies with lung diseases and even cases of death,” Costa Rican media reports.

    “For this reason, this ministry, in a statement, reminds and warns the population about the harmful effects associated with the use of these devices.”

    Vaping misinformation is rampant in Costa Rica.

    In 2021, the Red Nacional Antitabaco (RENATA) – National Anti-Smoking Network – expressed satisfaction with approving a law banning vaping in Costa Rica.

    “It is important to consider the vulnerability of all consumers of tobacco products, including electronic devices or vapers, to any disease of the respiratory system, since the first studies on the effects of the use of vaporizers and heated tobacco products show negative consequences for the lungs and the immune and cardiovascular systems,” said Nydia Amador, president of RENATA.

    RENATA also stated that vaping advocates “tried to confuse public opinion by claiming that vaping is 95 percent less harmful than tobacco use.”

    Many organizations, such as the United Kingdom’s Royal College of Physicians and Public Health England (PHE) have released studies that show vapor products have been scientifically proven to be 95 percent less harmful than cigarettes and related tobacco products. This is supported by the U.S. Academies of Science, which has also found that e-cigarettes have a lower harm profile than their combustible competition. 

  • FDA Continues Crackdown on Youth Appealing Vapes

    FDA Continues Crackdown on Youth Appealing Vapes

    Credit: iCheer

    Today, the U.S. Food and Drug Administration issued warning letters to seven online retailers for selling and/or distributing unauthorized e-cigarettes.

    The unauthorized e-cigarettes are packaged to look like youth-appealing toys and drink containers, including milk cartons, soft drink bottles, and slushies. The products’ design may also help youth conceal the e-cigarettes from adults or be confused with an everyday object and the contents accidentally ingested by young children, according to the agency.

    “As we continue into the school year, it’s critical that parents, teachers, and other adults are aware of illegal e-cigarettes deceptively packaged to look like everyday items,” said Brian King, director of FDA’s Center for Tobacco Products (CTP). “These types of products can be easily concealed and contain nicotine, which is highly addictive and can harm the developing adolescent brain.”

    The unauthorized products described in the warning letters issued today include e-cigarettes that:

    • Imitate drink containers for youth-appealing drinks such as milk, soft drinks, and slushies.
    • Are designed to look like youth-appealing toys such as dice, phones, and action figures.

    “FDA uses a variety of surveillance tools to monitor the rapidly evolving e-cigarette landscape and to identify emerging threats to public health,” said Ann Simoneau, director of the Office of Compliance and Enforcement within the CTP. “We use data from these tools to help prioritize investigations of youth-appealing products across the supply chain to ensure illegal products stay off the shelves.”

    The retailers receiving these warning letters sell and/or distribute e-cigarettes in the United States that lack authorization from the FDA, which is a requirement under the Federal Food, Drug, and Cosmetic (FD&C) Act to legally market a new tobacco product.

    In addition to the specified products mentioned in the warning letters, the retailers were warned to address any violations that are the same as or similar to those stated in the warning letter, and promptly take any necessary actions to bring the tobacco products that they offer for sale in the United States into compliance with the FD&C Act.

    The seven retailers issued warning letters were given 15 working days to respond with the steps they will take to correct any violations and to prevent future violations. Failure to promptly correct the violations can result in additional FDA actions such as an injunction, seizure, and/or civil money penalties.

    Today’s warning letters are the latest in a series of FDA’s efforts across the supply chain to address illegal e-cigarettes that appeal to youth.

    As of November 2023, FDA has issued approximately 630 warning letters to firms for manufacturing and/or distributing illegal e-cigarette products and devices, issued more than 400 warning letters to retailers for the sale of unauthorized e-cigarettes, filed civil money penalty complaints against 35 e-cigarette manufacturers and 42 retailers for manufacture or sale of unauthorized products, and worked with the Department of Justice to seek injunctions against 6 manufacturers of unauthorized e-cigarettes.

  • Postponed COP10 Expected to Prioritize ENDS Rules

    Postponed COP10 Expected to Prioritize ENDS Rules

    Image: Tobacco Reporter archive

    The regulation of new and emerging e-cigarette, heated-tobacco and nicotine products will be one of the central topics of discussion at the COP10-MOP3 international tobacco control conferences next year, said Adriana Blanco, head of the World Health Organization Framework Convention on Tobacco Control (FCTC), in a virtual press conference on Nov. 14, reported ECigIntelligence.

    Speaking from the WHO headquarters in Geneva, Switzerland, Blanco said that proposals to create more stringent rules and health guidelines to govern new tobacco and nicotine product use will be prioritized at the COP10 (10th Conference of the Parties to the WHO FCTC) and the MOP3 (third session of the Meeting of the Parties to the Protocol to Eliminate Illicit Trade in Tobacco Products), which will now take place in Panama next year.

    Last week, the WHO postponed COP10 to 2024 due to security issues for attendees and no new date has been announced.

  • Florida: 25 Cities now Ban Vaping in Public Parks

    Florida: 25 Cities now Ban Vaping in Public Parks

    Credit: Ryan Tishkin

    Winter Park became the 25th Florida city to ban smoking and vaping in public parks, beaches and leisure areas. However, in Winter Park, premium cigars are not prohibited.

    The ordinance, which passed its first reading at the Nov. 8 city meeting, follows the revision of Florida statute 386.209, according to media reports.

    The statute originally placed smoking regulations in the hands of the state legislature but in 2022, at the request of several cities including Winter Park, the statute was changed to allow local enforcement of smoking restrictions in parks, beaches, and other outdoor leisure areas.

    The specific areas affected by the ban are parks and outdoor venues owned or operated by the city. The state’s revision of statute 386.209 includes the following:

    Counties and municipalities may further restrict smoking within the boundaries of any public beaches and public parks that they own, except that they may not further restrict the smoking of unfiltered cigars. A municipality may further restrict smoking within the boundaries of public beaches and public parks that are within its jurisdiction but are owned by the county, unless such restriction conflicts with a county ordinance, except that they may not further restrict the smoking of unfiltered cigars.

    A representative from the City of Winter Park told local media that “as it relates to cigars, we are following the language from the state statute.” Questions directed to the state regarding the statute have not yet been answered.

  • FDA Increases Civil Monetary Penalties for Retailers

    FDA Increases Civil Monetary Penalties for Retailers

    The U.S. Food & Drug Administration (FDA) announced that it has increased the penalties that nicotine companies and retailers pay if found in violation of the various federal laws regarding nicotine products.

    The changes are part of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which requires the penalties to adjust with inflation.

    The updated penalties are:

    • First Violation — $0 (Warning Letter)
    • 2 within a 12-month period — $345 (Previously $320)
    • 3 within a 24-month period — $687 (Previously $638)
    • 4 within a 24-month period — $2,757 (Previously $2,559)
    • 5 within a 36-month period — $6,892 (Previously $6,397)
    • 6 within a 48-month period — $13,785 (Previously $12,794)

    The civil monetary penalties are handed out to vaping and other tobacco companies or retailers that are found to violate FDA’s rules regarding vaping and other tobacco products.

    Examples could range from an e-cigarette company failing to use a proper warning label to a retailer caught selling any nicotine product without checking the I.D. of an undercover buyer.

  • FEELM2.0 Vape Solution Scores Major UKVIA Award

    FEELM2.0 Vape Solution Scores Major UKVIA Award

    Smoore International, parent to FEELM and Vaporesso vaping brands, received awards two major awards at the UKVIA Vaping Industry Forum.

    Smoore scored awards for the Best Innovation in the Vaping Industry for its FEELM2.0 technology solution that was voted on by attendees event. The company also won the Most Responsible Vaping Business at the UKVIA Vaping Industry Forum.

    The annual UKVIA forum is the largest vaping industry event in the UK. The event focuses on the major opportunities and challenges in the industry, attracting key figures from the government, parliament, regulatory bodies, the healthcare community, retail sector and research community.

    Rex Zhang, the strategy director for Smoore, made the point that the major challenges of the disposable vaping sector could all be contributed to the lack of innovation at the core of vaping technology.

    The stagnation has pushed consumers to look elsewhere for better value while also creating a homogeneous competition between brands.

    “Inter Scientific has tested FEELM2.0 with the top sellers on the market in their UK labs. Inter Scientific procured seven disposable vapes from each of the Top 3 brands and included our new solution to be measured in several dimensions,” said Zhang. “All samples were measured to be within the compliant volume and nicotine level and the report shows a very evident improvement in two main aspects.

    “Our new solution is proven to pretty much double the industry average of puffs, over 1000 puffs within a 2mL container. Also, solving the pain point of waning flavors, FEELM2.0 keeps the vapor volume consistent with only 3 percent variation, compared to others which would have flavor drop off with variation of vapor volume up to 47 percent. The consistency of vapor volume is directly correlated to the consistency of flavor quality.”