Category: Retail

Minnesota Attorney General Warns Illegal Vape Sellers

Credit: Chris Titze Imaging
The Minnesota Attorney General’s Office is sending thousands of letters to smoke shop retailers warning them to cease selling deceptive vaping products.
Attorney General Keith Ellison states that some of the products are indistinguishable from everyday highlighters and other school supplies.
Ellison states that once the rules are known, retailers will be fined up to $25,000 per device sold for violating them.
State law prohibits tobacco products from being advertised to children; however, new products like “highlight” disguise themselves as everyday school supplies. And that makes it easier for students to smuggle devices into school, according to media reports.
Ellison stated that the objective is to encourage voluntary compliance, but he also emphasized that his office will take legal action against businesses that choose to violate the law.
August 30, 2024
New Jersey Fines 19 Retailers for Illegal Vape Sales

Credit: VetKit
Sellers were allegedly violating the state’s consumer protection laws and were fined $4,500 each.
New Jersey Attorney General Matthew Platkin and the state’s division of consumer affairs told media that 19 New Jersey retailers were issued notices of violation and assessed civil penalties of $4,500 each. The retailers were allegedly violating the state’s consumer protection laws by offering and selling flavored vapor products that are banned for sale in New Jersey, according to the attorney general’s office.
The enforcement actions are the result of an investigation launched in June 2024 into the unlawful offer and sale of flavored vaping products, which research has shown to be appealing to teens and children, the attorney general’s office said.
Through undercover buys and in-store inspections, investigators identified smoke shops, convenience stores, and gift and novelty retailers in five counties offering and selling the banned products. The attorney general said that “many” of these retailers were close to schools and parks or on or near shore town boardwalks.
“As students across the state head back to school, we’re sending a message of deterrence to retailers. If you are caught selling these dangerous, banned products, you will be held accountable,” Platkin said.
In 2020, New Jersey Gov. Phil Murphy signed legislation prohibiting the sale and distribution of all vapor products with a flavor, taste, or aroma other than tobacco.
“The ban on flavor vaping devices is in place to protect New Jersey consumers—especially our youth—from the harmful effects of electronic cigarettes, nicotine, and tobacco,” said Cari Fais, acting director of the division of consumer affairs. “By identifying and taking enforcement action against merchants who illegally sell these products, we are protecting public health and fulfilling our responsibility to safeguard consumers from unlawful business practices.”
August 30, 2024
Golden, Colorado has First-Ever Fund for Shop Owners

Welcome to Golden sign along Washington street in Golden, Colorado (Credit: PaBrady63)
Lawmakers in Golden, Colorado, dropped the hammer on more than two dozen retail outlets last year when they banned the sales of all flavored tobacco and nicotine products in the city.
The move is costing the businesses thousands of dollars in revenue.
Now, this city on the western edge of the Denver metro area is setting up a one-time $100,000 relief fund for smoke and vape shops, gas stations, and convenience stores to soften the financial hit they’ve taken since Golden’s prohibition went into effect on Jan. 1, according to media reports.
The City Council earlier this month directed staff to create a competitive grant program for businesses to apply for funds. No single store can receive more than $10,000, and the money must be allocated before the end of the year.
About 30 businesses in Golden are affected by the city’s prohibition.
“The City Council is trying to say they’ve heard the concerns of local businesses and they want to be responsive to local businesses that were impacted by an ordinance they weren’t anticipating,” said Rick Muriby, Golden’s community development director.
While several Colorado municipalities, including Boulder, Aspen, Glenwood Springs, and Edgewater, have passed similar flavored tobacco sales bans in recent years to combat youth nicotine product consumption, Golden appears to be the first willing to backfill revenues lost to a law it passed.
Muriby said the $100,000 figure wasn’t based on sales data from city businesses but was a figure the council and city manager “felt was a reasonable amount for the city to spend.” While Golden wants to ensure its businesses remain healthy, he said, it has no intention of taking a second look at its flavored nicotine ban.
In March, for the second time in the last three sessions, a bill to regulate flavored nicotine products has died in Colorado’s General Assembly.
August 22, 2024
Registry Rules in Kentucky Decimating Vape Shops

Credit: Zoran Milic
A leading figure in the retail vaping industry in Kentucky has stated that businesses statewide are experiencing a decline. A new law that affects most vaping product outlets will come into effect this January.
Tony Florence owns six vape stores in Kentucky and a manufacturing facility. He said his father died from lung cancer and his interest in the business has been to provide an avenue to help people quit smoking cigarettes. Florence said open-system vaping devices can work to that end.
“If it got to the point where 20 years from now, I went out of business because there were no more people smoking and no more people vaping, mission accomplished. I’m good with that,” said Florence, according to media reports.
But Florence predicts a vast majority of vape shops in Kentucky will be closing in the months ahead. He said HB 11, passed earlier this year, limits legal sales to relatively few products. Florence said disposable vape devices often do have higher nicotine levels, which can foster continued use.
Florence said he’s seen a trend since April when lawmakers passed the legislation.
“More and more stores just going out of business. They are not renewing leases. I mean, from a manufacturing-distribution standpoint, I’m down 80 percent since April. Because stores are just … they’re either not buying new product because they’re selling off the old or they’re going out of business,” said Florence.
August 20, 2024
Iowa City Seeking to Limit Tobacco, Vape Shops
Credit: Argus
Iowa City Council is working to change some of the rules regarding the amount of tobacco and vape stores in town.
In a work session on Tuesday, councilmembers discussed a 55 permit limit in the city (down from 62), a 500 ft. barrier from tobacco shops being near school or university property, and the ban of the sale of kratom, an herbal substance the gives stimulus effects, according to media reports.
This is in addition to the moratorium on new tobacco permits that’s in place until December.
Up in Smoke is among the tobacco and vape shops that sell kratom. While the owner is happy there won’t be as much competition in town, he said it is concerning that the city is looking to ban kratom, as the shop is already dealing with the aftermath of the new state law limiting THC in products.
August 12, 2024
Vape Bar’s Angel 2400 Device Ready for Market
Credit: Vape Bar
Vapes Bars has announced the nationwide launch of its environmentally friendly Angel 2400 device. The UK-based company said the device will soon be available in 50,000 major supermarket stores and FMCG (fast-moving consumer goods) outlets across the UK, including Tesco, Asda, and Morrisons.
The extensive rollout, expected to be completed within the next couple of months, aims to meet the growing demand for sustainable vaping solutions and will fill an impressive 150,000 shelves, according to an emailed press release.
The Angel 2400 (4-in-1) device stands out by combining four 2ml tanks into one rechargeable device. The design offers the flexibility of four flavors, significant cost savings for consumers, and reduces waste, making it an eco-friendly alternative to traditional disposable vapes, according to the company.
“The move is driven by tougher regulations for disposable vapes, but it only makes sense to make it available everywhere,” said Adam Matliwala, CEO of Vapes Bars. “The Angel 2400 is designed to set a new standard in the vaping industry.
“Our focus on environmental sustainability and consumer savings makes this product truly unique. By making the Angel device and pods available in over 50,000 stores, we aim to provide an eco-friendly and cost-effective vaping solution that meets the needs of a broad audience.”
In addition to the rollout, Vapes Bars stated that it intends to expand to an additional 40,000 independent retailers within the next 12 months.
July 22, 2024
New Vaping Regulations Begin Across Nebraska

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Nebraska is taking on new statewide vape regulations with a registry law that went into effect on July 19.
It’s a double-edged law: one side, trying to keep electronic nicotine devices out of the hands of children, another aiming at broader consumer protections. The law prohibits vapes with advertisements targeting kids, like those with cartoon characters or ones that look like school supplies.
“When I went around the state and met with law enforcement, I would always ask, ‘What is the top issues you’re seeing?’” Nebraska Attorney General Mike Hilgers said. “And one of the top five issues I saw around the state and heard from them were vapes in the hands of children, hands of kids,” according to media reports.
The other side of the law aims to protect consumers from potentially harmful chemicals. It will set up a registry through the Department of Revenue. Companies will have to pay $75 for each type or model of vape device to get on the registry. By October 2025, it will be against the law to sell any product not on that list.
“I think that what it will do is weed out the good actors from the bad actors,” said Sarah Linden, owner of Generation V. Linden helped work on the regulations, aiming to destigmatize an industry she said is designed to help people stop smoking.
July 22, 2024
Malaysia: Vending Machine Sales Ban Extends to Vapes

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E-cigarettes may not be sold in vending machines, Malaysia’s health ministry confirmed, according to a New Straits Times report.
According to the ministry, Section 10 of the Control of Tobacco Product Regulations for Public Health Act prohibits selling and displaying all “tobacco” products, including e-cigarettes. “Regulations regarding sales, including through vending machines, are under review and will be enforced alongside the act once approved,” the law states.
Earlier this week, the Malaysia Crime Prevention Foundation criticized the sale of vapes through vending machines at a Kuala Lumper mall, describing the practice as “irresponsible.”
The vending machine has been removed from the premises after an inspection by health ministry officials.
The ministry has begun briefing authorities nationwide on the prohibitions under the Control of Tobacco Product Regulations for Public Health Act.
July 12, 2024
Ohio Attorney General Targeting Illegal Vapes

Credit: Promesa Art Studio
Ohio’s attorney general is cracking down on illegal vaping across the state, saying unregulated vapes being sold in Ohio, especially those targeting kids, pose a real danger.
The FDA has authorized 27 e-cigarette products to be sold in the United States. All of those are tobacco or menthol-flavored. Any other flavor not authorized by the FDA is illegal.
On Tuesday, Ohio Attorney General Dave Yost filed complaints against three Ohio businesses: one in Delaware, one in Cincinnati, and one in Wayne County. They are charged with selling illegal vape flavors despite a warning letter from Yost’s office in early April.
These investigations included Orrville Tobacco and Vape Shop in Orrville, Central Tobacco in Delaware and Elev8 Smoke Shop in Cincinnati, according to reports.
“You can go to any convenience store and find lots and lots of things that aren’t approved on that list, so we went to court today to ask the court to require them to stop selling unapproved vapes,” Yost said. “It’s a violation of Ohio law and federal law.”
He says it is not about closing smoke shops but ensuring they only sell what is allowed.
Flavored tobacco sales are banned in Columbus. Last month, a judge upheld the ban after ruling that a state law prohibiting cities like Columbus from banning tobacco sales was unconstitutional.
July 10, 2024
FDA Inspections End in Fines For 10 Vape Retailers
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The U.S. Food and Drug Administration announced it is seeking civil money penalties (CMPs) from nine brick-and-mortar retailers and one online retailer for selling Elf Bar products.
The FDA previously issued warning letters to these retailers for selling unauthorized tobacco products. However, follow-up inspections revealed that the retailers had failed to correct the violations.
The agency is now seeking a CMP of $20,678 from each retailer.
“The $20,678 CMP sought from each retailer is consistent with similar CMPs sought against retailers for the sale of unauthorized Elf Bar products over the last few months, including February and April of this year,” the FDA states.
The retailers can pay the penalty, enter into a settlement agreement, request an extension to respond or request a hearing. Retailers that do not take action within 30 days after receiving a complaint risk a default order imposing the full penalty amount.
May 30, 2024