Category: Regulation

Loveland, Colorado Flavored Vape Ban Passes First Vote
After a 6-3 vote from its city council on Tuesday, Loveland, Colorado is on track to ban flavored vaping and other more traditional tobacco products, including e-juices, dip and smoking tobacco. Flavored marijuana vapes will not be subject to the ordinance, if passed.
Credit: Elsa Donald
While councilors Steve Olson, Dave Clark and Don Overcash voted “no,” calling the ban arbitrary and unfair to law-abiding businesses, supporters said restricting flavors was necessary to keep more children from getting addicted to nicotine, according to a story in the Loveland Herald-Reporter.
“I wrestled with this so much because I care about the businesses that will be affected, but I feel like the tobacco industry played a mean game here, and they’re hurting our kids,” councilor Kathi Wright said.
Tuesday night’s vote ended more than a year of debate on how best to curb a local spike in youth vaping, which was reflected in the number of citations issued for underage tobacco possession until the Thompson School District switched to remote learning earlier this year.
Last week, the council heard multiple hours of public comment on the issue. Speakers agreed on the need for more regulation to keep tobacco products out of the hands of children though some disagreed on implementation.
Council members were presented on Tuesday with five versions of an ordinance introducing various restrictions on the sale of tobacco and vaping products. Alternatives would have excluded menthol-flavored products from the flavor ban, introduced other age restrictions while leaving flavors alone or limited the sale of tobacco or vaping products to age-restricted stores.
Overcash said he would not support the flavor ban, and suggested supporters were only voting in favor only because they personally disliked vaping and smoking.
“What other products are we going to decide for whatever reasons are going to be allowed in our community or not?,” he said. “I have a problem when we mandate things because we don’t like something.”
Molloy and Overcash sparred briefly when Molloy started laughing during Overcash’s statements.
“No, councilor Molloy, I’m serious,” Overcash said. “You let me know what product you’d like to take off the market next, and I’ll champion that for you.”
“Medical marijuana,” Molloy replied.
Other parts of the ordinance introducing the ban would:

Reaffirm that the legal minimum age to purchase tobacco products is 21.

Introduce a licensing structure.

Set licensees back from schools and other “youth-populated areas.”

Prohibit self-service.
The ban will return for a second vote on Dec. 1. If it is approved, the ordinance will go into effect on Jan. 1, 2021.
November 25, 2020
Missoula Bans Flavored Vapes, Flavored Cigarettes OK
The vote was 5 to 4. The city council for the Montana city of Missoula voted Monday to ban the sale of flavored e-cigarettes and vapes within five miles of city limits. The ban does not include flavors for other tobacco products, such as cigarettes or cigars.
Credit: Timothy S. Donahue
Not only does this new ordinance ban the sale of flavored products it also restricts the display of all tobacco. Retailers in Missoula will have to move any tobacco product behind their counter, according to an article on khq.com.
The ordinance will go into effect on Jan 25, 2021, allowing stores to sell off the remainder of their flavored products and to move all tobacco products behind their counter. These new changes will be enforced through both the Missoula City County Health Department and the police.
The intent of this ban is to make it more difficult for minors to get a hold of tobacco products, according to council members. Multiple city council members also said the ban will counteract the predatory marketing of big tobacco companies, at least on the local level.
The ordinance is made up of three main components. First, it requires retailers to keep all tobacco products behind the counter. Next, it prohibits the sale of flavored tobacco when used with an e-cigarette. Finally, it makes it unlawful to sell or give tobacco to any minor.
The councilmembers who voted against the ban all gave different reasons for their opposition to the ordinance. Those included not wanting local business to lose revenue and jobs, not wanting to get involved with lawsuits with tobacco retailers and freedom of choice.
“I am very pro-choice about what happens to my body and what goes into it and I don’t feel that I am in a position to dictate how one should cope in this world. So I will not be supporting this ordinance,” Councilmember Heather Harp said.
November 24, 2020
3 Separate Ministries to Regulate E-Cigs in Malaysia

Credit: Esmonde Yung
Malaysia will now jointly regulate its e-cigarette industry through three separate ministries. Health Minister Datuk Seri Dr Adham Baba told Parliament the Health Ministry; the Science, Technology and Innovation Ministry; and the Domestic Trade and Consumer Affairs Ministry (KPDNHEP) will now regulate the products. This reverses a policy proposal from the previous Pakatan Harapan (PH) government.
“The Cabinet meeting on October 28, 2016 decided that three ministries — the Health Ministry, Domestic Trade and Consumer Affairs Ministry and the Science, Technology and Innovation Ministry — would regulate the use of e-cigarettes or vape (devices) encompassing control over the use of and sales of e-cigarette and vape (device) liquid as well as setting safe standards on devices used,” Dr Adham said in a written parliamentary statement yesterday, according to a story on malaymail.com.
Adham was responding to Gopeng MP Dr. Lee Boon Chye from PKR who asked the government to state its policies on vape devices and e-cigarettes. Lee had been deputy health minister under the PH administration when a new law, the Tobacco Control Act, was mooted putting the Health Ministry in charge of all tobacco-related products and no-smoking zones.
The sale of e-cigarette and vape device liquids containing nicotine as a consumer product is not allowed in Malaysia. However, the country recently imposed a 10 percent tax on the products.
November 19, 2020
Bantam Vape Moves to FDA’s Substantive Review Phase

Bantam is seeking marketing orders from FDA for its suite of e-liquid products. Credit: Bantam Vape
Bantam Vape has received a filing letter for its premarket tobacco product application (PMTA). The filing letter signifies completion of FDA’s preliminary review of Bantam’s PMTA and the progression of its application into the formal substantive review phase. Bantam is seeking marketing orders from FDA for its suite of e-liquid products.
During this phase, the U.S. Food and Drug Administration (FDA) will conduct an in-depth evaluation of the scientific studies and other materials submitted in conjunction with Bantam’s application. Bantam, a provider of high-quality, science-based e-liquid products submitted its PMTA to FDA on Sept. 2 and received its initial acceptance notification from the agency the following month.
“Bantam is pleased its PMTA has been formally filed and will be entering the scientific review phase of this process. Bantam looks forward to engaging with FDA as it reviews the submission and scientific research provided in support of the filing,” said Bantam spokesperson Anthony Dillon. “Bantam’s goal has always been to provide consumers with high-quality, science-based e-liquid products that can be enjoyed for years to come. News of the filing brings Bantam one step closer to reaching that goal.”
Bantam has invested significant resources into the PMTA process and remains confident that the content and quality of materials in its submission will result in the receipt of the necessary marketing orders from FDA, according to a press release.
November 18, 2020
San Francisco Wants to Ban Vaping in Private Apts.
On Dec. 1, San Francisco may soon ban residents from vaping in their own apartments if attached to two or more additional units. The law would also ban smoking tobacco or cannabis in apartments.
Board of Supervisors President Norman Yee said the board is “discussing the right of our residents to breathe clean air,” citing the impacts of secondhand smoke.
Credit: 123rf.com
According to an article in the SFexaminer, The board’s Public Safety and Neighborhood Services Committee voted Nov. 12 to send the legislation to the full board for a vote, but did so without a recommendation for approval. The full board is expected to vote on the proposal on Dec. 1.
Supervisor Rafael Mandelman raised concerns about applying the ban to smoking cannabis. One amendment made by Yee would exempt cannabis smoking for those who obtain a recommendation from their doctor to smoke medicinal cannabis for medical purposes.
But Mandelman said many people no longer get medical proof, such as medical cannabis cards, because cannabis is now legal for adult use. He suggested a blanket exemption for cannabis smoke.
“For folks who do not have a medical cannabis card, there are very few places outside their own home where you can consume cannabis,” Mandelman said. “It is not parallel to cigarettes in that way. Cigarettes, there are still places where smokers can go and smoke. That is not so much the case for cannabis smokers.”
Yee said a blanket exemption for cannabis smoke would not achieve his aim. San Francisco recently banned the sale of most vaping products.
November 17, 2020
North Carolina’s New Hanover County Passes Public Vape Ban
The New Hanover County Board of Commissioners voted unanimously Monday to implement an ordinance prohibiting the use of combustible tobacco and e-cigarettes in New Hanover County.
no vaping
The ordinance will go into effect February 1, 2021.
The ordinance approves and ordains the Smoke and Vaping Rule adopted by the New Hanover County Health and Human Services (HHS) Board on October 16, 2020 and includes the prohibition of tobacco and e-cigarettes in county, town and city buildings, vehicles and grounds, as well as in public places in the county like restaurants, bars and entertainment venues, according to an article on wwaytv3.com
“This ordinance aligns the expectations of vaping with traditional cigarette smoking in most public places, and protects residents from unwanted inhalation of second hand smoke and e-cigarette vapors,” Public Health Director Phillip Tarte said. “With no regulation in place for vaping and e-cigarette use, residents are unintentionally exposed to harmful substances in what seems like unlikely places, like a theater or retail store. As we learn more about vaping and associated health risks, it’s important as a community to take action.”
November 17, 2020
North Carolina County Set to Vote on Vape Law Today

Credit: nccourts.gov
In North Carolina, the New Hanover County Board of Commissioners will consider adopting a new rule for vaping products today, Monday, Nov. 16, at their regular meeting which begins at 4 p.m.
After over a year of consideration, the county is prepared to take action on a proposed e-cigarette and smoking ban in “public places.” Scaling back initially proposed requirements, the new rule — should commissioners vote in favor of it — will ban smoking and vaping in all bars, restaurants, and other private and public areas accessible to the general public, according to an article in The Port City Daily.
Violators could be charged a $50 civil penalty, with the option that law enforcement officers first issue a verbal warning. Three-time repeat offenders in charge of managing banned spaces could be fined $200. If it’s an e-cigarette offense, the penalty could be charged as a misdemeanor (the same criminal penalty would not apply to smoking).
An earlier version of the rule was more expansive, and proposed a ban on vaping and smoking on public and private sidewalks accessible to the public. It has since been dropped.
Several North Carolina communities have implemented vaping laws. If approved, it will take effect Jan. 31, 2021, following an implementation period.
November 16, 2020
Vapor Advocacy Groups Want California Flavor Ban Repealed

Three e-cigarette advocacy groups are asking California State General Assembly to repeal the state’s ban on flavored vaping products. The group’s leaders say an estimated 900,000 former smokers in California could be forced to switch back to smoking if the bill (CA SB793) is not overturned by referendum or repealed.
Greg Conley, AVA
“Unless California lawmakers want to force hundreds of thousands of vapers back to smoking, they need to reconsider this flavor ban,” said Gregory Conley, president of the American Vaping Association (AVA). “While voting for bans may make legislators feel righteous, the reality is that prohibition is failed public policy and never works for adult consumer products.”
The World Vapers’ Alliance (WVA), Consumer Choice Center (CCC) and the AVA, which combined represent hundreds of thousands of consumers, sent a letter today to members of the California State Assembly members urging them to repeal the flavored tobacco ban bill in California to avoid pushing vapers back to combustible cigarettes.
“Instead of improving public health by reducing the number of smokers, this law will have the opposite effect: more people smoking again,” said Yaël Ossowski, deputy director at the Consumer Choice Center. “Moreover, these measures will push people into the illegal market and will also have a disproportionate impact on people of color, who overwhelmingly prefer flavored products and would suffer the most from criminalization and over-policing in our local communities.”
California joins Massachusetts as the two states having flavored vaping bans, though each have unique exemptions to the laws. In Massachusetts, businesses defined as “smoking bars” are still able to sell flavored vaping and tobacco products.The ban goes into effect on Jan. 1, 2021.
“Gavin Newsom’s plan will have disastrous consequences and he is celebrating a victory for public health,” said Michael Landl, director of the World Vapers’ Alliance. “More than 900,000 vapers in California could switch back to smoking due to the ban. Either Governor Newsom is poorly informed about the unintended consequences prohibition always generates or he is just an anti-vaping crusader.”
The bill prohibits a vape shop owner or tobacco retailer, or any of those entities retailer’s agents or employees, from selling, offering for sale, or possessing with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer, subjecting them to a fine of $250 for each violation. It also allows local governments to impose greater restrictions on the access to tobacco products than the bill imposes.
November 11, 2020
New Zealand’s First Round of Vaping Rules Begin Today

Vaping in workplaces, around schools and childcare centers and on public transport is now illegal for Kiwis. New Zealand passed the Smokefree Environments and Regulated Products (Vaping) Amendment Act in August, with restrictions to be phased in over a 15-month period.
The first raft of measures, which began on Wednesday, Nov. 11, prohibit the use of e-cigarettes in workplaces, schools, early childhood education and care centers, according to an article in The Daily Mail.
Nancy Loucas, Director of Aotearoa Vapers Community Advocacy (AVCA), encouraged New Zealand’s 200,000 vapers “to think a little more” before they vape.
“The general rule is if you wouldn’t smoke there, you shouldn’t vape there,” she said. “The likes of shopping malls, and around schools and childcare centres are a no no. At the same time, many councils have made their outdoor city centre areas and council parks vape-free as well.”
New Zealand’s new act also prohibits advertising and sponsorship related to vaping products. But the AVCA is concerned treating vaping like smoking will lead to further stigmatisation.
“Employers will still be able to permit vaping in a company vehicle, with some very workable provisions in place,” Loucas said. “Patients in hospital care or rest home residents can vape within a dedicated room for vaping, provided there is the likes of adequate ventilation. At the same time, a good employer would dedicate an outside area to vaping, where employees feel comfortable taking a vape break. Vaping is now effectively banned where smoking is, but it’s by no means banned outright. Instead, it’s finally a totally legalised activity for New Zealand adults, albeit now more tightly regulated.”
In Western Australia, owners and managers of venues may choose to implement a policy applying to their premises which prohibits the use of e-cigarettes wherever smoking is prohibited.
November 11, 2020
Nebraska’s New Indoor Vaping Ban Takes Effect on Saturday

Credit: Matt Tsir
An expanded Nebraska Clean Indoor Air Act will go into effect on Saturday, Nov. 14 which will prohibit the use of electronic cigarettes in most indoor workplaces.
According to the Nebraska Department of Health and Human Services, the act includes office buildings, manufacturing facilities, retail stores, restaurants, bars, etc. It does not include electronic smoking device retail outlets or vape shops from the indoor e-cigarette restriction.
This is a change after LB 840 was passed earlier this year, according to nebraskatv.com.
“This change is about protecting Nebraskans from exposure to secondhand aerosol from e-cigarettes. It is also a great time to try, or retry, quitting e-cigarettes or tobacco,” said Program Manager for Tobacco Free Nebraska Amanda Mortensen. “Call 1-800-QUIT-NOW to talk to a quit coach and get a little extra help with a free two-week supply of the patch, gum or lozenge.”
November 11, 2020