Category: Regulation

Thailand Asked to Consider Science in Vapor Regulation

Scenes like this are rare in Thailand. This vaper in Koh Samui, Thailand could face fines or even jail. (Timothy S. Donahue)
A consumer advocacy group wants the government of Thailand to consider science as basis for ending e-cigarette ban. The group cites Hong Kong’s use of scientific studies as the basis for ending the ban on smoke-free nicotine, including vapor, heat-not-burn tobacco products (HnB) and snus.
Asa Ace Saligupta, who runs consumer group ENDS Cigarette Smoke Thailand, said the Hong Kong Legislative Council (Legco) decided to suspend the discussions on the proposed ban on vaping products, after some members of Legco’s Bills Committee on Smoking cited scientific studies showing that e-cigarettes, HnB and the likes have much lower levels of toxicants compared to combustible cigarettes, according to a release on pressat.co.uk.
He noted that after nine meetings, including three public hearings, the committee which was established in March 2019 decided to end the discussions on the vaping ban on June 2, 2020. The members of the committee also expressed concern that an outright ban would create more illegal channels and that the products could end up in the hands of underage users.
“The Hong Kong experience sets forward a good example of listening to opinions and engaging all parties involved, including the public sector—something that the policymakers in Thailand have avoided so far,” Saligupta said.
Saligupta said his group will petition the Thai government to also set up a committee to study e-cigarettes and find suitable control channels that will enable adult Thai cigarette smokers to find safer alternatives.
“Instead of using electronic cigarettes as a tool to create fear by creating a discourse on children and youth or Covid-19, we want to call on the Thai government to set up an independent committee to seriously study the science, commercial aspects, and regulatory framework for electronic cigarettes like Hong Kong and many other countries,” he said.
June 25, 2020
Aussie MPs Revolt Against Ban on Nicotine Vapor Products

George Christensen / Courtesy Daily Mercury
Coalition MPs including George Christensen have joined together against Australia’s Health Minister Greg Hunt’s unilateral decision to ban the personal importation of liquid nicotine for vaping from 1 July.
The decision, made by Hunt on Friday after parliament rose for a six-week adjournment, delighted doctors groups but has outraged Liberal and National backbenchers who favor legalisation of vaping, according to an article in The Guardian.
On Wednesday, Christensen said the ban could mean fines of up to $200,000 for those who break the law and import liquid nicotine without a prescription.
“This was all done without any consultation with the public or many government MPs including myself,” he said on Facebook “I completely oppose the move, which could result in people returning to cigarettes or purchasing potentially dangerous alternatives on the black market.”
The Liberal senator James Paterson told Guardian Australia his views “remain unchanged”.
“Vaping is a safer alternative to smoking,” he said. “We should be making it easier for smokers to quit, not harder.
“We should safely regulate vaping like virtually every other developed nation has done.”
In March 2018 the Liberal MPs Trent Zimmerman, Tim Wilson and Andrew Laming voiced support for vaping in dissenting reports of a House of Representatives health committee inquiry.
Zimmerman told Guardian Australia he had done so because he was “convinced vaping could play a major role in moving people from tobacco to a safer product”.
“It is inexplicable to me why the government would act during a pandemic – when all evidence is that smoking increases the health risk for those who catch coronavirus – in a way that could result in more people going back to smoking,” he said.
The Nationals senator Matt Canavan described as “overkill” the move to impose fines “for importing what is in most countries a legal product”.
June 25, 2020
Pending Ban Triggers Run on Nicotine Vapes in Australia

Photo: Ethan Parsa from Pixabay
Australians have started stockpiling e-cigarettes after their government announced it would ban imports of most vapor products, reports the Daily Mail.
From July 1, it will be illegal to import e-cigarettes and refills containing nicotine liquids or salts.
New Zealand’s leading retailer of vaping supplies, Shosha, recorded a 130 percent spike in sales from Australia since the announcement. Shosha also experienced a 44 percent increase in foot traffic compared to the same time last year.
Under Australia’s new regulations, individuals would need to visit a doctor and be issued a prescription to purchase their nicotine containing e-cigarettes or refills.
Even valid prescription holders would still be prohibited from purchasing the devices from overseas themselves.
The ban on importing nicotine e-cigarettes and refills would be in line with existing bans on their sale in each state and territory.
The prohibition would last 12 months while the government conducts a public consultation on the regulation of nicotine products by the Therapeutic Goods Administration.
The regulation would see nicotine products added to the Poisons Standard making them prohibited permanently with the exception of tobacco cigarettes and smoking-cessation products such as gums and patches.
The Coalition of Asia Pacific Tobacco Harm Reduction Advocates (CAPHRA) has protested Australia’s ban, saying it will deprive millions of vapers and existing smokers of their rights to access better alternatives to combustible cigarettes.
“Smokers in Australia have been denied access to a proven harm reduction tool and vapers in Australia have yet again been dealt a potentially fatal blow which will see many of the 300,000 strong vaping community go back to smoking cigarettes,” CAPHRA Executive Director Nancy Loucas said in a statement.
The group pointed to studies showing that e-cigarettes are 95-percent less harmful than combustible tobacco because they do not involve combustion. “It has been known for decades that tar, and carcinogens found in tobacco smoke, cause the death and disease associated with smoking, and not nicotine,” CAPHRA stated.
June 24, 2020
Coalition Protests Australian Ban of Nicotine E-liquids

An Asia-Pacific coalition of tobacco harm reduction advocates has protested the ban imposed by the Australian Therapeutic Goods Administration (TGA) on the importation of nicotine liquids, saying this will deprive millions of Australian vapers and existing smokers of their rights to access better alternatives to combustible cigarettes.
CAPHRA says the ban will only exacerbate the smoking problem which kills 21,000 Australians a year, according to a press release.
The Coalition of Asia Pacific Tobacco Harm Reduction Advocates (CAPHRA) said the ban on importation of vaping products for personal use into Australia effective 1 July means that cigarette smokers looking for safer alternatives will no longer be able to import these products for their own personal use.
The ban will cover e-cigarettes containing vaporizer nicotine (nicotine liquids and salts) and nicotine-containing refills. Only doctors or medical suppliers will be allowed to import these products as long as they have a permit from the Health Department.
CAPHRA says the ban will only exacerbate the smoking problem which kills 21,000 Australians a year.
According to the new regulatory framework, vapers will have to visit a general practitioner, get a prescription, and then obtain their vaping liquids from an approved medical dispensary.
“Smokers in Australia have been denied access to a proven harm reduction tool and vapers in Australia have yet again been dealt a potentially fatal blow which will see many of the 300,000 strong vaping community go back to smoking cigarettes,” CAPHRA Executive Director Nancy Loucas said in a statement.
June 23, 2020
Dutch Plan to Ban Flavored Vapor in 2021

The Netherlands plans to ban flavored vapor products beginning sometime next year. The goal is to make vaping less attractive to young people, the government said on Tuesday.
Flavors currently available range from mojito and strawberry ice cream to mango and chocolate, the government said. With its sweet tastes and perceived lower health risks, vaping has rapidly become popular among young non-smokers, who are often seen to use them as a stepping stone to regular tobacco products, according to an article from Reuters.
“It is unacceptable that 20,000 people die every year in our country from the effects of smoking and that every day around 75 kids start smoking”, deputy health minister Paul Blokhuis said. “The smoke-free generation we see coming also needs to be free of electronic cigarettes.”
The government will refine the tobacco law to include the ban on flavored e-cigarettes, which is likely to take effect in the first half of next year, the government said. Tobacco-flavored vaping products will remain available, mainly to help regular smokers kick their habit, it said.
A Dutch government report in 2017 said that over a quarter of people aged 12-16 said they had tried vaping at least once. Electronic cigarettes and water pipes have been banned in the Netherlands for anyone under the age of 18 since 2016.
June 23, 2020
Australia Extends Nicotine Vape Ban

Photo: Haiberliu from Pixabay
E-cigarettes containing nicotine will remain illegal in Australia for at least another year, reports The Daily Mail.
The federal government is extending a ban on the importation of such products unless prescribed by a doctor.
The ban will remain in place for 12 months to allow for public consultation on the regulation of nicotine products by the Therapeutic Goods Administration.
Under the ban, Australians would still be able to vape nicotine if their doctor provides a prescription.
They would get their e-cigarettes or refills via a permission granted by the health department to a doctor or medical supplier who would be able to import the goods using a courier service or by cargo service.
The goods cannot be imported through international mail.
The Australian Medical Association (AMA) welcomed the decision, saying that vaping is not a healthy alternative to smoking.
“Nicotine is a highly addictive substance and there is no level of tobacco use which is safe,” AMA Vice President Chris Zappala said.
June 22, 2020
Montana Vape Shop Owners Plan to Challenge Proposed Ban

Credit: Sarah J
The state health department wants to resurrect a ban on flavored e-cigarette sales in Montana. A temporary ban enacted late last year expired several months ago, and now the agency wants to permanently ban the sale of almost all flavored e-cigarette products, according to an article by Montana Public Radio.
Some Montana vape retailers are vowing to push back hard on the idea, leading to what may be the next legal battleground between those retailers and the administration of Gov. Steve Bullock, according to the story.
Last November, Massachusetts became the first to roll out restrictions of all flavored tobacco products, including menthol cigarettes. New York, New Jersey and Rhode Island followed suit this year with bans on the sale of flavored e-cigarettes.
The proposal is being applauded by health officials and excoriated by industry businesses.
“I have a legal product in the state of Montana, a product that helps people,” Deanna Marshall said. “I am not going to stop selling this product.” Deanna and her husband Ron own Freedom Vapes, an independent e-cig retailer with stores in Bozeman, Belgrade and Hamilton.
“They can fine me, arrest me — whatever they have to do,” she said. “I’m going to keep selling it, and we’ll go to court then.” It wouldn’t be the first time the Marshalls and the local trade organization they belong to, the Montana Smoke Free Association, have squared off against the state health department.
Last fall, they sued to block the Bullock administration’s temporary ban on flavored vaping products. A district judge eventually upheld the ban.
June 19, 2020
Michigan Adds Vapor Tax, Allows Flavored E-Liquids

Credit: Pasja 1000
The Michigan Senate approved a six-bill package Wednesday that would impose an 18 percent tax on e-liquids. If signed into law, it specifically would allow individuals to sell flavored vaping products.
Gov. Gretchen Whitmer attempted last year to make Michigan the first state in the nation with a ban on flavored vaping products out of concern for youth usage. But the courts eventually paused the ban after businesses filed a legal challenge, according to an article on detroitnews.com.
The new legislative package, which gained the backing of the Republican-controlled Senate, would set up an enforcement and licensing system for shops that sell vaping products.
It would also change the age requirement for buying tobacco and vaping products from 18 years old to 21 in state law. President Donald Trump previously instituted a federal change to increase the age to 21 across the country.
“It’s regulated. It’s enforced,” Senate Minority Leader Jim Ananich, D-Flint, said about the bills, which he said would give adults the “choice one way or another” whether to use the products.
Ananich was one of the sponsors of bills in the package. He said it aimed to resolve a lack of clarity surrounding federal and state policy on vaping in Michigan. The legislation, which doesn’t affect marijuana vaping products, originally aimed to set the tax rate at 24 percent but lawmakers dropped the proposed rate to 18 percent before Wednesday’s vote.
June 19, 2020
Nicotine Vapor Import Ban to Continue in Australia

Credit Getulio Moraes
Australia’s government has extended a ban on the importation of electronic nicotine delivery systems (ENDS), unless prescribed by a doctor. The ban will remain in place for 12 months to allow for public consultation on the regulation of nicotine products by the Therapeutic Goods Administration.
Only vapor products that contain nicotine are banned. The TGA is considering an amendment to the Poisons Standard, which would mean ENDS products would require a valid prescription. A final decision is expected to be announced early in 2021, according to an article in The Daily Mail.
Under the ban, Australians would still be able to vape using ENDS if they have discussed their needs with their doctor and the doctor provides a prescription. They would get their e-cigarettes or refills via a permission granted by the health department to a doctor or medical supplier who would be able to import the goods using a courier service or by cargo service.
The goods cannot be imported through international mail.
The move has been welcomed by the Australian Medical Association. “Nicotine is a highly addictive substance and there is no level of tobacco use which is safe,” AMA vice president Dr Chris Zappala said.
He said e-cigarettes and vaping were not a healthy alternative to smoking. Zappala said anyone wanting to quit smoking would find GPs to be a great source of information and advice.
June 19, 2020
EAS Submits PMTA for Leap and Leap Go Vapor Products

Credit: Timothy S. Donahue
Finally, some positive news for the vapor industry. The much anticipated premarket tobacco product applications (PMTA) for the Leap pod system and Leap Go disposable were delivered to the U.S. Food and Drug Administration (FDA) on Tuesday. E-Alternative Solutions (EAS), an independent, family-owned innovator of consumer-centric brands, is seeking authorization for the marketing and sale of its wide-ranging portfolio of Leap and Leap Go vapor products.
“We are pleased to take this important step in demonstrating our commitment to the vapor industry, retailers and adult smokers seeking an alternative to combustible cigarette smoking with our Leap and Leap Go vapor products,” said Jacopo D’Alessandris, president and CEO of EAS.
Jacopo D’Alessandris
“At EAS, we have always held ourselves to high standards, from supplying adult consumers with products they can trust to consistently following ethical marketing practices. We are confident in the strong merits of our PMTAs and want to thank our compliance and research teams for developing and delivering thorough submissions.”
The submission of PMTAs by EAS plays an integral role in supporting the proposition that Leap and Leap Go vapor products are appropriate for the protection of public health, according to a press release. The collective 75,000+ page PMTA submissions for Leap and Leap Go are the result of months of hard work and investigation that included an assessment of the stability of the products over time, toxicological formula reviews, toxicology testing, an assessment of abuse liability, label comprehension studies and behavioral studies.
In addition, EAS undertook an extensive review of available literature on vapor products related to health effects, behavioral factors and toxicological end points. Further, an exacting risk assessment was conducted across many areas of potential risk for Leap and Leap Go products, according to the release.
“Our PMTA submissions provide a robust analysis of the Leap and Leap Go products that will enable FDA to conclude these products are appropriate for the protection of public health,” said Chris Howard, vice president, general counsel and Chief Compliance Officer at EAS.
Chris Howard
“From an industry perspective, the PMTA process sets a high bar and holds companies accountable, ensuring vapor product manufacturers follow the rules and act in good faith. Looking ahead, a robust collaboration with FDA will help build a strong future for both the vapor industry and adult consumers.”
EAS continues to establish a leadership role in the creation of sensible industry standards and regulations as member of the Board of Directors of both the National Association of Tobacco Outlets (NATO) and the Vapor Technology Association (VTA), where EAS led the initiative to formulate the VTA marketing standards for membership, according to the release. The company continues to advance the interests of the industry’s consumers, manufacturers, wholesalers, small business owners, and entrepreneurs.
June 17, 2020