Category: Shop talk

Online Cannabis, Alcohol and Tobacco Product Sales Surging

Photo: Kaylen Settles
Online sales for cannabis, alcohol, and vapor and tobacco products are surging. All three markets have been flourishing amid the quarantines especially marijuana.
Post Covid-19, consumers are ordering online deliveries at a higher rate than ever before. Yet, both are still mired in the slow processing of IDs, according to a story on Valuewalk.com. According to VentureBeat, “Cann, an Oakland, California-based startup that sells low-dose cannabis drinks, told VentureBeat it has seen a 300% month-on-month sales increase in March, more than doubling the total units sold for January and February combined.”
One of the most critical aspects of ordering cannabis, alcohol, or tobacco products online, verifying IDs, is left to drivers scanning IDs upon arrival. Not only does such a model leave delivery services, like a local restaurant serving to-go margaritas during lockdowns, vulnerable to the legal liabilities of drivers not properly ID’ing customers, but the system is not compatible with the ongoing transition to more seamless e-commerce interfaces.Cannabis, alcohol, and tobacco products
Physical ID verification brings a litany of problems, such as the customer needing to be present for delivery. It creates more friction throughout the entire process. For the delivery services, like Postmates and Grubhub, verifying ID’s layers costs on top of a business model already running thin margins.
“As retail stores are forced to go online, everything from alcohol to vape and CBD businesses are seeing a huge surge in online sales,” details Matt Fields, Vice President of AgeChecker “Adults need to help mitigate the risk of selling to minors while remaining compliant with state and federal laws.”
June 14, 2020
Colorado to Vote on Placing Vapor Tax on Ballot

Credit: Henry Desro
Colorado lawmakers introduced a measure Thursday to put a tobacco and vaping tax measure on the November ballot.
The bill — an effort to avoid a costly and difficult campaign to put the measure on the ballot via petition — comes a day before the session was scheduled to conclude. If it clears its first hurdles, lawmakers will need to meet Saturday for a final vote, according to an article in the Denver Post.
It would also create a tax on nicotine products such as on vape products that would be equal to 50% of the manufacturer’s list price until July 1, 2024; 56% until July 1, 2027; and 62% after.
House Bill 1427 calls for smaller increases in taxes than the citizen-led Initiative 292, but it comes with a commitment from the governor and proponents that there will be no more taxes on the products for six years, according to a document obtained by The Denver Post.
The bill calls for asking voters to increase the cigarette tax from 1 cent to 6.5 cents until July 1, 2024; increasing it to 8 cents until July 1, 2027; and then increasing it to 10 cents. It would make the minimum price for a cigarette pack $7 and $70 for a carton until July 1, 2024, and then going up to $7.50 and $75, respectively.
For the first two and a half years of the tax, $450 million would go toward the state’s general fund and after that, the money would toward preschool education.
June 12, 2020
Breaking: Avail Vapor Agrees to Acquire Giant Vapes

Credit: Avail
Avail Vapor, a leading premium U.S. e-liquid retailer, announced today its agreement to acquire Giant Vapes, a major global e-commerce vaping company. The sum of the sale was not announced.
The acquisition would create a global, omnichannel organization with a clear mission to bring value to customers wherever they choose to shop, according to a press release. “By combining the strengths of Avail’s broad brick and mortar footprint and Giant Vapes’ extensive e-commerce platform the combined company will deliver unique value to its customers both in the US and abroad,” the release states.
“We are excited about the tremendous promise of this business combination given the strong fundamentals of each company and the overall industry,” said James Xu, CEO and chairman of Avail. “We are delighted to welcome Giant Vapes to the Avail family, and we look forward to providing our customers with an outstanding experience.”
Following the acquisition, Xu will lead the combined companies alongside Justin Murphy, vice president of Retail and Marketing, who will be overseeing the day-to-day operations of both Avail and Giant Vapes. “The Giant Vapes acquisition cements Avail’s foothold as the key market player with the most holistic approach to commerce in the industry,” the release states. “The combined companies now benefit from Giant Vapes’ best-in-class digital IQ, as well as their extensive and successful wholesale distribution channel. With the completion of this acquisition, the combined company is poised for major industry expansion post FDA’s Premarket Tobacco Product Application (PMTA) deadline of September 2020.”
June 10, 2020
Vuse,Vype Launch Vapor Subscription Service

Vuse and Vype, global e-cigarette brands, have launched a personalized subscription service for their adult consumers that allows ordering at the touch of a button. With a variety of plans to choose from, vapers can sign up for monthly deliveries that offer value, convenience and personalisation.
In the United Kingdom, Vype has launched two monthly subscription services focusing on its award-winning pod mods the Vype ePen3 and Vype ePod. Vype ePen3 and Vype ePod won the e-cigarette category at 2019 and 2020 UK Product of the Year awards respectively.
Each subscription plan includes a Vype ePen3 or Vype ePod every three months with a 25 percent saving on a three-month plan or a 33 percent saving on a six-month plan, both with no delivery charges. Each plan requires a minimum order of six packs per month.
In the United States, Vuse continues to offer its popular Vuse Alto pod subscription service that includes a 10 percent discount on pods and free delivery.
June 5, 2020
UKVIA: U.K. Vape Shops Well-Positioned for Reopening

Photo: Tobacco Reporter archive
The entrepreneurial spirit displayed by vape shops during the U.K. government’s 10-week coronavirus lockdown will help them bounce back after the economy reopens, according to the U.K. Vaping Industry Association (UKVIA).
On Monday, the government announced it would allow vape shops to reopen June 15.
The UKVIA said it is “immensely proud” of vaping businesses for the responsible approach they have taken during the lockdown.
John Dunne
“The response from the industry to the challenging conditions has been both staggering and exemplary,” said John Dunne, director at UKVIA. “I know that our members that make up a large share of the vaping market have been working around the clock to provide online and home delivery services to the 3.2 million vapers across the country.
Dunne believes that the industry will be well placed to more than meet the social distancing guidance when shops reopen.
“All our retail members have still been ‘open for business’ since the lockdown begun and have introduced social distancing measures that go well beyond the government guidance,” he said. “This should give vapers confidence when going to their local stores.”
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May 26, 2020
U.S. FDA Regulatory Focus Centers on Vapor Retailers

Credit: Vaprwear
Recent warning letters demonstrate that the FDA is looking beyond devices when enforcing its rules against youth appeal.
By Bryan Haynes, Agustin E. Rodriguez and Dascher Pasco
On April 27, 2020, the U.S. Food and Drug Administration (FDA) sent warning letters to 10 retailers and manufacturers who “sell, manufacture and/or import unauthorized electronic nicotine delivery system (ENDS) products targeted to youth or likely to promote use by youth.”¹ Nine of these warning letters targeted ENDS products such as flavored e-liquids and ENDS designed to look like handheld gaming systems, watches and fidget spinners.
However, one warning letter targeted products “such as a backpack and sweatshirt designed with stealth pockets to hold and conceal an e-cigarette.” In its warning letter to Vaprwear Gear, the FDA asserted authority over Vaprwear’s sweatshirts and backpacks because they were components and parts of tobacco products.
Pursuant to the “Deeming Rule,” published in May of 2016, the FDA has asserted authority over all tobacco products, including ENDS products and their “components and parts.” However, the FDA does not have authority over tobacco products’ “accessories.”² The practical consequence of the Deeming Rule is that ENDS, and their components and parts, are subject to the tobacco control authorities set forth in the Tobacco Control Act (TCA). This includes premarket authorization requirements, which, when not met, result in deemed new tobacco products being considered adulterated.
Earlier this year, the FDA published guidance clarifying how it intended to prioritize enforcement resources regarding the marketing of certain deemed new tobacco products that do not have premarket authorization. Specifically, the FDA stated it would prioritize enforcement against flavored, cartridge-based ENDS products, as well as ENDS products that were targeted to minors or the marketing of which was likely to promote use of ENDS by minors. The guidance noted that the FDA is particularly concerned with ENDS products with flavors that youth find appealing as well as products with design features that make them more appealing to youth by allowing discreet use, or enabling youth to “use the product in circumstances where the use of tobacco products is prohibited.”³
Given the FDA’s stated priorities, much of what was seen in the April 27 warning letters did not come as a surprise. For example, some of the warning letters targeted e-liquids that the FDA claimed were labeled and/or advertised in a way that resulted in the product resembling “food products that are typically marketed toward and/or appealing to children.”⁴ Others targeted ENDS products that resembled smartwatches, identified by FDA as a product that is “commonly worn by children” allowing the ENDS product to “be carried and worn without revealing to parents, teachers, or other adults that the product is a tobacco product.”⁵ As e-liquids and ENDS products, the products targeted in those warning letters are well recognized as regulated products within the FDA’s authority as stated in the Deeming Rule.
Bryan Haynes (Credit: Troutman Sanders)
Less obvious is the basis of the FDA’s authority to regulate products such as sweatshirts and backpacks as “components and parts” of ENDS. For purposes of the Deeming Rule, components and parts are defined as “any software or assembly of materials intended or reasonably expected: (1) to alter or affect the tobacco product’s performance, composition, constituents or characteristics; or (2) to be used with or for the human consumption of a tobacco product.” In contrast, accessories do not contain tobacco, are not derived from tobacco and do not affect or alter the performance, composition, constituents, or characteristics of a tobacco product.⁶
The warning letter to Vaprwear states that the Vaprwear Weekend Pullover, Vape-Ready Hoodies and Vaprwear HydroVape, as well as the Vape-Ready Backpacks are all components or parts of tobacco products and, as such, are subject to FDA jurisdiction. While FDA’s regulation of these products initially seems like a startling overreach, upon closer inspection of the products and their marketing it becomes more apparent how FDA claims authority.
Each of these products contains a “hosing system” that can be connected to a pod system and used to deliver vapor to the wearer. For example, the Vape-Ready Hoodies contain a drawstring made from hosing and woven into the hood. One end of the drawstring connects to the device and the other end is used to inhale. The Vaprwear products are largely monochromatic with few or no graphics and contain pockets that allow for storage of the ENDS device while it is being used with the products’ vapor delivery system, allowing for discreet use of ENDS devices in a number of environments.
Agustin E. Rodriguez (Credit: Troutman Sanders)
The hosing system, which is an integral part of Vaprwear’s products, physically connects to the ENDS device and is used to deliver vapor directly to the consumer. This system is identified by Vaprwear as a “vapor delivery system” that “delivers compatibility with the hundreds of vape devices now on the market,”⁷ and allows the FDA to claim that the products are used for the consumption of a tobacco product and alter or affect the tobacco product’s performance, composition, constituents or characteristics.
There are a couple of takeaways from FDA’s warning letter to Vaprwear. First, the FDA’s decision to target Vaprwear’s sweatshirts and backpacks demonstrates FDA’s view that a product does not have to be a necessary element of an ENDS device, such as an e-liquid or an atomizer, to be considered a component or part within the FDA’s purview. Additionally, the FDA is not only focused on discreet ENDS devices, but on all products that may be appealing to youth because they facilitate discreet use.
Dascher Pasco (Credit: Troutman Sanders)
In conclusion, the April 27 warning letters highlight the FDA’s continued focus on ENDS marketing. The FDA appears to be keeping up with the ENDS market and its consumers, recognizing and regulating the new ways individuals can easily and discreetly vape. Much of this regulatory energy is focused on retailers.
For example, while some of the companies that received an April 27 warning letter were manufacturers, each of the 10 entities operates as a retailer. Further emphasizing this point, both Wizman Limited, a manufacturer and online retailer, and EighCIt, an online retailer, received warning letters regarding a product manufactured by Wizman Limited.
The bottom line is that the FDA expects retailers to undertake appropriate due diligence with regard to all marketed products. Retailers may ultimately be held responsible by the FDA, whether or not any action is taken against the manufacturer, as the agency continues to focus on the ENDS industry and the potential youth appeal of its products.
Bryan Haynes, a partner with Troutman Sanders, specializes in tobacco industry regulatory compliance and enforcement matters.
Augustin Rodriguez, counsel for Troutman Sanders, provides cross-functional, multidisciplinary counsel to advertising, marketing and consumer goods and services companies.
Dascher Pasco, an associate with Troutman Sanders, specializes in government and regulatory white collar and government investigations and enforcement actions and investigations.
¹ FDA, news release, “FDA Warns Manufacturers and Retailers to Remove Certain E-cigarette Products Targeted to Youth from the Market,” April 27, 2020, available at https://bit.ly/2LIenHu.
² 21 CFR § 1100.1.
³ FDA, “Enforcement Priorities for Electronic Nicotine Delivery Systems (ENDS) and Other Deemed Products on the Market Without Premarket Authorization” (Revised), April 2020, available at https://bit.ly/3dYFkTu.
⁴ FDA, Warning Letter to VapeCentric, MARCS-CMS 607375, April 27, 2020, available at https://bit.ly/36dWGZO (finding the product appeared “very similar to Pocky Strawberry biscuit sticks”) and FDA, Warning Letter to Vape Royalty, MARCS-CMS 606271, April 27, 2020, available at https://bit.ly/3bHKDVX (finding the product appeared “very similar to Sour Patch Kids candy”).
⁵ FDA, Warning Letter to Vapewear, MARCS-CMS 605196, April 27, 2020, available at https://bit.ly/2XfBs9O and Warning Letter to Shenzhen Uwell Technology Co., Ltd. d/b/a DTD Distribution Inc., April 27, 2020, available at https://bit.ly/2yf7uu8.
6 81 FR 28973 at 28975. The Deeming Rule defines an accessory as “any product that is intended or reasonably expected to be used with or for the human consumption of a tobacco product; does not contain tobacco and is not made or derived from tobacco; and meets either of the following: (1) is not intended or reasonably expected to affect or alter the performance, composition, constituents, or characteristics of a tobacco product or (2) is intended or reasonably expected to affect or maintain the performance, composition, constituents, or characteristics of a tobacco product but (i) solely controls moisture and/or temperature of a stored product or (ii) solely provides an external heat source to initiate but not maintain combustion of a tobacco product.”
7 https://vaprwear.com/, last viewed May 6, 2020.
May 24, 2020
EU Menthol Ban Could Help Smokers Switch

Photo: VPZ
U.K. vapor industry representatives are hoping that the EU ban on menthol cigarettes that comes into force today will encourage more smokers to transition to less-hazardous vapor products.
The ban of menthol cigarettes comes from the EU Tobacco Products Directive (TPD), banning all cigarettes and rolling tobacco with “characterizing flavor” other than traditional tobacco.
The ban originates from a range of tobacco control measures approved by the European Parliament in 2013, with revisions including mandating the banning of menthol cigarettes by 2022.
In the U.K. there are an estimated 1.3 million menthol cigarette smokers.
Research by the U.K. Vaping Industry Association, the largest trade domestic body representing the sector, shows that menthol vapor products sold by its retail and wholesale members represent an average of 16.5 percent of all sales and nearly double this number, at 30.75 percent, for manufacturers producing such products.
The data suggests that menthol cigarettes are used by up to 12.4 percent of smokers in England, while global sales in 2018 exceeded $80bn. Currently, some 14.4 percent of the adult population in England smoke and there are some 7m smokers across the UK.

Doug Mutter
“I think in normal circumstances this move could have had the potential to significantly reduce smoking rates in the U.K.,” said Doug Mutter, director of manufacturing and compliance at VPZ, a leading vapor company in the U.K.
“However, with vaping stores closed and stop smoking services shut, it remains to be seen how we can engage menthol smokers and encourage them to make the switch.
“This is the biggest change to tobacco law since plain packing was introduced.
“For the vaping industry it presents an opportunity to help smokers finally make the switch, and whilst that will be harder with stores still closed, we believe that vaping presents the best opportunity to stamp out cigarettes for good.
“VPZ has built a digital platform for advice and guidance on smokers switching to vaping for the first time as well as how to pick the best products to help them quit.
“We are expecting a growth in the number of new vapers in the U.K, so it was important to us to use our expert staff to help create a guide for menthol smokers looking to quit through vaping.
“From which device best suits your needs to what strength of nicotine is required, we have tried to cover as many questions as possible. We have even put together some starter kits covering all categories to help with any first-time decision as we appreciate the first step can be daunting, without the opportunity to visit one of our stores.
“It will be difficult for many people just now because vape stores are closed and the temptation to go back to traditional cigarettes is everywhere. We are talking about over one million people in the UK will now not have their menthol cigarettes available and we hope that they are beginning to research which stop smoking products can best help them quit.
“Our message to smokers across the country is that the best time to quit cigarettes is now.”
May 20, 2020
Los Angeles Vape Shops Challenging Flavor Ban

Credit: John Caroro
A new Los Angeles County ordinance that prevents the sale of flavored tobacco products is being challenged in court by vape shop owners.
On May 4, CA Smoke & Vape Association and Ace Smoke Shop filed a federal lawsuit against the rule that also requires businesses to obtain two additional licenses and imposes new tobacco product standards according to legalnewsline.com, the “great majority” of vapor products and devices will be prohibited, the lawsuit says. It complains that products containing THC are exempted, even though it is “the primary source linked to the outbreak” of recent illnesses, the lawsuit states.
“Similarly, the ordinance makes no distinction between the black-market vaping products at the center of that outbreak and the FDA-regulated products produced by legitimate manufacturers,” the lawsuit states. “Instead, the ordinance implements a blanket prohibition on the sale of flavored tobacco products to all persons, threatening to destroy an entire industry and the livelihoods of Los Angeles County residents.”
The plaintiffs in U.S. District Court for the Central District of California case number 2:20-cv-04065 are represented by Jawlakian Law Group.

May 16, 2020
List of Vape Shop Statuses Listed by U.S. State

Credit: Avail
States have varying regulations regarding whether a vape shop can be open during the Covid-19 pandemic shutdown. Please note: this list only represents how Vapor Voice has interpreted the law and should in no way be considered a legal authority. Please email any false or updated information to timothy@vaporvoice.net. This list is updated regularly.
Alabama — Vape shops are not on the list of essential businesses or those that must shut down. They may remain open through curbside pickup, delivery, remotely, or any other method that does not involve a customer entering its building provided that the business takes all reasonable steps to ensure a consistent six-foot distance between persons.
Alaska — The governor ordered all non-essential businesses to close as of March 28 at 5 p.m., though vape shops are not mentioned. There is a provision that says all other businesses that can maintain social distancing requirements and prohibit congregations of no more than 10 people in the business at a time, including employees, would appear to be allowed to remain open.
Arizona — While they are not defined as essential services, there has been no directive to close vape shops.
California — The governor directed all residents to stay at home as of March 22 unless they are designated as an “essential critical infrastructure worker.” Los Angeles County’s Public Health Department has explicitly said that tobacco and vape shops should not be open to the public.
Colorado — The state said that vape shops are to be closed from March 17-April 30. Marijuana dispensaries are considered essential.
Connecticut — All non-essential businesses have been directed to prohibit in-person functions, with vape shops not included on the list of essential businesses. The governor recently extended the closure order through at least May 20.
Delaware — Vape shops are not cited as an essential business, and a list published by the state would indicate that they would in a group of “other miscellaneous store retailers” that are not to remain open. Residents have been directed to stay at home until at least May 15.
District of Columbia — Non-essential businesses have been ordered to close through at least May 15, though vape shops are not explicitly mentioned on a list of businesses that must close.
Florida — Now open in most counties.
Georgia — Now open in most counties.
Hawaii — Vape shops are not explicitly defined as essential businesses, and residents have been directed to remain at home except to engage in essential activities, businesses and operations. Curbside service and delivery seem to be allowed, currently.
Idaho — The state’s list of essential businesses doesn’t include vape shops, though as of April 15, any business, facility or service can operate via curbside or delivery services. Businesses must continue to maintain social distancing requirements for both customers and employees, including prohibiting any congregation of customers or employees in or around the place of business.
Illinois — The governor ordered that all non-essential business and operations must cease, aside from minimum basic operations. Vape shops retailers are not specified as being an essential business.
Indiana — Vape shops are not deemed to be an essential business, but they are allowed to conduct business, though it must be restricted to online or call-in ordering with delivery or curbside pickup. Businesses must also comply with social distancing and sanitation of applicable areas and other mitigation measures to protect its employees and the public.
Kansas — The governor has directed all residents to remain at home except for essential activities, which are defined by the Kansas Essential Functions Framework (KEFF). Vape shops retailers are not specified on that list.
Kentucky — The governor directed all non life-sustaining businesses to stop operating in-person services as of March 23 at 8 p.m. Vape shops were not specified on the list of businesses the state deemed essential, which would seem to put them in the category of “miscellaneous store retailers” and thus not allowed to be open as usual. However, non-essential retail businesses, while they cannot allow Kentuckians into stores, can still fill phone and online orders through curbside services or delivery.
Louisiana — Vape shops are not listed as part of the list of essential infrastructure. As such, vape shops are ordered to have no more than 10 people in a business at any given time.
Maine — Maine defers to the CISA list. If a vape shop is considered “non-essential” then it may remain open but it must not allow in-person contact and may not have more than 10 workers in a space.
Maryland — Vape shops are not listed on the state’s list of essential businesses. The state no longer allows non-essential businesses to offer curbside pick up.
Massachusetts — Vape shops are not listed on the state’s list of essential businesses. It seems likely they could allow for curbside pick up or delivery so long as customers do not enter the stores.
Michigan — Gov. Gretchen Whitmer specifically mentioned that vape shops must close in relation to an earlier stay-at-home order. The current order has been extended through the end of April.
Minnesota — Minnesota is one of a few states that has explicitly ordered vape shops closed. More specifically, the state’s list of essential businesses does not cover “workers supporting tobacco and vaping-product shops.”
Mississippi — Vape shops are not listed in the state’s list of essential businesses, as such, they are required to close except for minimum operations.
Missouri — Missouri defines essential businesses as per the CISA list. It has ordered all businesses that are less than 10,000-square-feet to reduce the number of patrons to no more than 25 percent of is limit as per the fire or building code. For businesses larger than 10,000-square-feet that restriction is set at 10 percent.
Montana — Vape shops are not listed on the state’s list of essential retail businesses, as such it seems likely the state has ordered them closed outside of minimum basic operations, which does not include delivery or curbside pick up.
Nevada — All non-essential businesses, including casinos, are closed. Effective until April 17, 2020.
New Hampshire — Vape shops are not listed as an essential retail business and as such must be closed except for curbside and delivery operations. Of note, on-site cash transactions are not allowed.
New Jersey — Vape shops are not listed on the state’s list of essential businesses that remain open and as such must close to the public, curbside pick up and delivery are able to remain open.
New Mexico — Vape shops must close completely. The state’s order does not define a vape shop as “essential” and anything not deemed essential must reduce “the in-person workforce at each business or business location by 100%” effectively rendering them closed.
New York — All places of public amusement are outright banned. The state does not list vape shops as part of its essential businesses, likely meaning that a store would need to ask the state if it could be deemed as essential to remain open. Non-essential stores may remain open for delivery or mail order business, however, they are only permitted to have one employee present at the business at any given time.
North Carolina — Expected to open on May 22.
Ohio — Now open.
Oklahoma — The governor has issued a “safer-at-home order” that applies to “vulnerable populations,” but Oklahoma has not implemented a statewide order similar to other states. Vape shops presumably can remain open and operate normally.
Oregon — Vape shops are not mentioned. As such, they are likely to remain open so long as they implement social distancing practices.
Pennsylvania — The Department of Community and Economic Development has stated that vape stores must close though at least one vape store was told the opposite.
Rhode Island — Vape shops are not listed on either the specific list of businesses that can remain open or must close per the Department of Business Regulation. Stores that offered food or drinks would be explicitly allowed to stay open. If vape shops are classified as non-critical, then the stores are permitted for both curbside pick up and delivery operations.
South Carolina — Vape shops must adhere to the state’s social distancing requirements.
Tennessee — Vape shops may remain open for to-go orders so long as there are no more than 10 people—including customers and workers—on the premises at any given time.
Texas — Vape shops are not explicitly mentioned in the governor’s order. Vape shops are allowed to continue with mail-order businesses.
Utah — Has not issued any sort of statewide restrictions.
Vermont — Vape shops are not listed as an essential business and as such must “suspend in-person business operations” but are able to do curbside pick-up and delivery.
Virginia — Vape shops may remain open but they must adhere to the state’s social distancing requirements including not allowing more than 10 patrons in the store at any given time.
Washington — Vape shops in Washington can remain open for to-go orders but they would need to offer food products for sale.
West Virginia — West Virginia’s order does not explicitly list vape shops on either the list of businesses that can remain open or ones that must close.
Wisconsin — Vape shops are not listed on the state’s informal list of retail businesses that can stay open. The official order would allow for mail-order operations and potentially carry out orders.
Wyoming — Has not issued any sort of statewide restrictions.
May 15, 2020
Imperial Opinion: New Zealand Vapor Sales

Credit: Dan Freeman
Dr Grant O’Connell, Strategic Science and Policy Engagement Director, Imperial Brands, explains why Imperial Brands decided to sell vaping products in New Zealand ahead of new legislation designed to legalize the next generation of nicotine products in an opinion piece with Scoop, a New Zealand independent news outlet.
For the past five years, New Zealand smokers have been embracing the new generation of less harmful alternatives such as e-cigarettes. The number of adult smokers vaping in New Zealand is growing along with new devices, flavours and nicotine levels that suit the very individual habits of smokers.
These dramatic shifts in smoker behaviour, and the maturing of the vape category itself, occurred at a time of great uncertainty. No one knew the legal status of these products. The Government now accepts the scientific consensus that vaping is significantly less harmful than smoking, so getting more smokers to transition is a desirable public health goal. This mature policy objective has been praised by public health experts here and overseas.
That should not be surprising, as public health experts have accepted the “harm reduction” approach to diseases and addictions for some decades now. Harm reduction involves a range of pragmatic policies, regulations and actions that either reduce health risks by providing safer forms of products or substances or encourage less risky behaviours.
It was initially developed for adults with substance abuse problems where abstinence was not practically achievable. It has successfully reduced teen pregnancies, sexually transmitted diseases, and risky alcohol use. Harm reduction strategies have reduced morbidity and mortality.
Harm reduction is at the heart of the Government’s planned legislation on vaping. The aim is to utilise the appeal and accessibility of vape products to transition adult smokers. The only practical challenge is that vaping products need to be sold publicly, like many other “R18” things. That creates a small challenge to prevent vaping being used regularly by youth and those who never have smoked or are unlikely to smoke.
This is the challenge being wrestled with by the Health Select Committee looking at the Bill. They are weighing the evidence and personal testimony of hundreds of vapers, retailers, manufacturers and public health experts. It is exactly the same challenge we faced when we decided to launch our global vaping brand myblu in New Zealand.
Without legislation and regulations to guide us, we had to consider advantages to public health, practicalities of availability and restrictions on sale, and consumer safety parameters. We deliberated what the product should look like, where it should be available, and how it should be advertised or promoted in store. And importantly, who it shouldn’t be available to.
Underpinning all of these discussions and the decisions we made, was that we would apply our global best practice in lieu of any regulatory framework. The approach we’ve taken achieves the regulatory balance the Select Committee is looking for.
Our vaping products are as available for smokers to purchase as our combustible ones. Myblu is available for sale at our network of dairies and convenience stores throughout New Zealand and we do this because familiarity of the retail store and convenience for access are necessary for adult smokers to transition.
Store managers are equipped with information so they can talk to smokers, to help them understand the reduced risk potential with vaping and how to begin their transition. We offer a small but varied range of flavours and strengths and our products are clearly labelled in English and Maori with warning messages describing the addictiveness of nicotine.
Like many in the industry, we self-imposed an R18 age restriction on all sales of myblu. Marketing and advertising do not target youth or seek to glamorise vaping. Every message communicated describes the relative health, price and physical appearance advantages of vaping compared with smoking.
Our team of over 300 scientists, engineers and innovators work to ensure myblu’s vaping products are made to the highest safety and quality standards and are supported by the best-in-class science. Myblu is a closed pod, ‘tamper proof’ system. We purposely chose a closed pod system to restrict opportunities for people to misuse or mix illicit ingredients into the liquids.
We use pharmaceutical grade nicotine, propylene glycol and glycerol and high-quality flavour ingredients in our e-liquids. All of our blu vaping products, their ingredients and the vapour produced undergo thorough scientific assessment prior to manufacture and sale.
The work that has gone into consumer safety and product design is necessary to guarantee the quality of myblu and for smokers to have confidence in our product. We have learnt much in the past 10 months in New Zealand. We know that convenient access, reliable information and confidence in the quality and satisfaction of vape products are the critical success factors for smokers to quit smoking.
Our approach to selling and marketing myblu is based on the principles of having restrictions in proportion to the risk posed by the product relative to cigarettes. It is our hope that this experience, and indeed that of many vape manufacturers and retailers, guides the Committee’s thinking for a harm reduction framework in regulation that makes vaping a more appealing option for smokers.
Dr Grant O’Connell, Strategic Science & Policy Engagement Director, Imperial Brands.
May 14, 2020