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Oregon Court Strikes Down Vape Packaging Law

Image: Alexander Berdyugin
The Oregon Court of Appeals on Oct. 16 struck down a law restricting the packaging of vape and cannabis products on the grounds that the legislation unconstitutionally restricts free speech, reports Keller & Heckman.
The contested law prohibited an “inhalant delivery system” from being packaged “in a manner that is attractive to minors.” Subsequently, the Oregon Health Authority banned the use of cartoons, celebrities and other representations that are likely to appeal to minors.
It also restricted descriptive words for flavors that are likely to appeal to minors, such as tart, tangy or sweet. In addition to a comprehensive list of items explicitly prohibited from packaging, the rule includes a general catch-all restriction to include any presentation, shape, graphic, coloring or writing that is likely to appeal to minors.
Plaintiffs Paul Bates and No Moke Daddy argued that the packaging restrictions were overly broad and unconstitutionally vague and infringed on their right to free speech by prohibiting truthful, non-misleading communication.
the Oregon Court of Appeals reversed a lower court’s dismissal of the challenge, noting that the law violates free speech as outlined in the Oregon Constitution.
The Court of Appeals explained that selling products is a form of communicative behavior that may involve protected speech. The court stated that the law restricting “attractive” packaging is reasonably interpreted to refer to the communicative aspects of the packaging and not its functionality. Thus, the packaging restrictions are a direct restriction on expressive speech.
October 24, 2024
Gaming Vapes Provoke Outrage in Netherlands

Image: 12ee12/nosyrevy
New vapes with integrated music and gaming functionalities have provoked outrage in the Netherlands, according to Dutch News.
Sophie Cohen, a doctor specializing in children’s lung problems, described the deliberate combination of addictive things such as nicotine and gaming as “extremely twisted.”
“The awful thing is I am not surprised the industry has come up with something to make children even more addicted,” Cohen said. “That is their earnings model. The younger the brain, the more receptive it is to addiction.”
The NVWA, the Dutch product safety board, is aware of the “smart vapes.” The agency says children are likely getting hold of them abroad, but several kids told broadcaster NOS that the vapes are available “behind the counter” at shops in the country.
Vincent Karremans, junior health minister, called the vapes and their attractiveness to youth “scandalous” and said he’s working on a plan to tackle the illegal vape trade.
October 24, 2024
Bangladesh Bill Would Ban Vaping Products, Bidis

Credit: Sergey Fedoskin
Shopkeepers who sell nicotine products, including vaping products and traditional cigarettes, will have to get a license, without which they will face penalties of TK50,000 ($418). The products will also be prohibited from being sold within 100 meters of schools, hospitals, clinics, sports venues and playgrounds.
The country considered the same ban last year.
A fine of Tk5,000 will be imposed on anyone selling vapes or loose combustible cigarettes. Currently, the fine for smoking or using tobacco products in public places is Tk300, but the draft ordinance proposes to increase this to Tk1,000.
With these provisions in it, the draft “Smoking and Tobacco Products Usage (Control) Ordinance, 2024” is expected to be presented for approval during the Advisory Council meeting on Thursday (Oct. 24), sources familiar with the matter told TBS.
According to the draft ordinance, seen by TBS, tobacco products, including cigarettes, cannot be sold at mobile shops or by hawkers. Additionally, no sweeteners, spices, flavors, or colors will be permitted to be used in nicotine products.
Violations of this law may result in monetary fines as well as imprisonment for varying durations, with penalties doubling for repeat offences.
The government first enacted the Smoking and Tobacco Products Usage (Control) Act in Bangladesh in 2005, with one amendment made in 2013. In 2020, the previous government initiated a revision of the Act to strengthen regulations on the use of tobacco and tobacco products.
In June 2022, the Ministry of Health published a revised draft of the law on its website for stakeholder feedback, which is now being presented to the Advisory Council as a draft ordinance.
October 23, 2024
Joint Operation Nets $76 Million in Illicit Vapes

Credit: Eduardo Barraza
The U.S. Food and Drug Administration, in collaboration with U.S. Customs and Border Protection (CBP), announced the administrative seizure of approximately three million units of illegal vaping products.
The products have an estimated retail value of $76 million. The seizures were part of a July joint operation to examine incoming shipments and prevent illegal e-cigarettes from entering the country.
“The FDA is on high alert and, in coordination with our federal partners, remains committed to stopping unauthorized e-cigarettes at our nation’s borders,” said FDA Commissioner Robert Califf. “These products too often end up in kids’ hands, and the newly formed federal task force is well positioned to collectively combat this unscrupulous activity.”
In June, the FDA and the Department of Justice announced a joint federal task force to curb the distribution and sale of illegal e-cigarettes. Operations like these are an example of ongoing law enforcement work across federal agencies, which are now increasing in frequency with the creation of the task force.
“CBP’s trade enforcement mission places a significant emphasis on intercepting illicit products that could harm American consumers,” said Troy A. Miller, Senior Official Performing the Duties of the Commissioner for CBP. “We will continue to work with our enforcement partners to identify and seize unsafe and unlawful goods.”
In preparation for the operation, the joint team worked for several months to review shipping invoices, identify potentially violative incoming shipments, and complete other investigative work that led to this successful operation, according to a press release.
Upon examining shipments, all of which originated in China, the team found various brands of illegal e-cigarettes, including Geek Bar and others. In an attempt to evade duties and detection, most of these unauthorized e-cigarettes were intentionally mis-declared as items with no connection to vaping products and with incorrect values.
Products that are seized and forfeited to the government will be disposed of in accordance with CBP authorities.
“This isn’t the first joint seizure operation, and it won’t be the last – we will continue to relentlessly pursue those attempting to smuggle illegal e-cigarettes,” said Brian King, director of the FDA’s Center for Tobacco Products. “The $76 million these bad actors just put in the dumpster should be a sobering reminder that their time and money would be better spent complying with the law.”
October 22, 2024
Philippine Raids Net Multiple Illicit Vape Sellers

Nationwide raids in the Philippines uncovered illicit seller 408 sellers vape products, whose operations are unregistered or whose products do not carry the appropriate revenue stamps, reports Business World.
illicit retailers and resellers were found not only in metropolitan Manilla, but also in other places, including Ilocos Sur, Pangasinan and Benguet.
Beginning June 1, the BIR required all vape manufacturers and sellers to affix internal revenue stamps on their products to indicate tax compliance.
Republic Act 11900 instructs the Bureau of Internal Revenue (BIR) to order the immediate recall, ban or seizure from public sale or distribution of vaporized nicotine and non-nicotine products or novel tobacco products not registered with the BIR, including those sold online.
The BIR intends to conduct regulator raids on illegal vape sellers. “I have ordered weekly raids against illicit vape retailers, wherever they may be found,” said BIR Commissioner Romeo D. Lumagui Jr.
In the first half of the year, the BIR estimated foregone revenue of around PHP7.2 billion ($124.47 million) from seized vape and tobacco products.
October 22, 2024
UK Urged to Drop Proposed Vaping Tax Hike

Delon Human (Photo: Taco Tuinstra)
A plan to hike the tax on vapes in the U.K. risks undermining the country’s efforts to reduce smoking rates and would increase smoking-related death and disease, according to tobacco harm reduction advocates.
The U.K. chancellor is reportedly considering the tax increase in the state budget this month. But harm reduction specialists say any rise could drive people who smoke back to far more dangerous cigarettes.
“Vapes are proven to be 95 percent less harmful than combustible cigarettes and are helping millions of people who smoke worldwide transition to a safer option,” says Delon Human, leader of Smoke Free Sweden.
“Both Sweden and New Zealand have dramatically reduced their smoking rates in large part due to the availability and accessibility of alternative nicotine products like vapes. As a result, both countries are now on the verge of being declared smoke free and are reaping the subsequent public health dividend.
“Any policy that limits access to these alternatives—whether through taxation or other barriers—threatens to reverse such progress.”
Sweden is poised to be the first country to become smoke free as a result of its progressive policy approach, which includes lowering taxes on reduced-risk products while increasing taxes on more harmful cigarettes.
Compared to the rest of the European Union, Sweden has 44 percent fewer smoking-related deaths, a 41 percent lower cancer rate and 38 percent fewer deaths attributable to any cancer, notes Smoke Free Sweden
“At Smoke Free Sweden, we advocate for sensible regulations that protect adult access to safer alternatives while discouraging underage uptake,” Human said. “This includes restrictions on youth-oriented packaging and clear communication about the risks of nicotine.
“However, excessive taxation of harm reduction products is a step in the wrong direction. Rather than penalising vapers, governments should focus on creating an environment where adults have easy access to safer alternatives and are supported in their efforts to quit smoking.
“We urge the U.K. government to reconsider this proposed tax increase and to look towards evidence-based policies that have been successful in Sweden and other progressive nations. The world now has the tools to create a healthier, smoke-free future. We must not sacrifice those tools, which are already helping millions of people quit smoking for good.”
October 22, 2024
Honeywell to Make Chemicals From Industrial Hemp

Credit: Wolterke
Honeywell has announced a partnership with a US bioenergy company to produce biochemicals from industrial hemp and other non-food crops.
Honeywell, a huge multinational corporation, has its fingers in several pies, including energy and sustainability solutions. SGP BioEnergy is a fully integrated bioenergy products development firm based in New York, according to media reports. The pair announced last week that they are teaming up to develop new technology to convert industrial hemp and other biomass materials into biochemicals that can be used to produce plastics and other everyday items.
Under the arrangement, Honeywell will develop new feedstock tech and ongoing operational support and workforce training, while SGP BioEnergy will provide the infrastructure, workforce, and second-generation feedstock via its “Ready. Grow” program. The program delivers low-carbon-intensity feedstocks with full traceability and sustainable certification using the International Sustainability and Carbon Certification (ISCC).
“By using hemp and other non-edible feedstocks to produce these important chemicals, Honeywell and SGP BioEnergy are helping to reduce the world’s reliance on fossil fuels without impacting the food chain,” said Honeywell’s Bryan Glover.
While hemp can be used as a food crop, industrial hemp, as the name suggests, can be used for other purposes, including cordage, building materials, textiles, paper, biofuel, and bioplastics. Furthermore, it can help restore soil integrity to damaged and depleted farm soils.
October 21, 2024
Canada’s Health Minister: “Flavor Ban Coming Soon”
The minister of mental health and addictions says the federal government will ban most vape flavors across Canada soon — more than three years after Ottawa first promised to bring in the regulations.
“We have made a commitment from the start to restrict flavors. We haven’t wavered from that,” Ya’ara Saks told CBC News.
“We will have this in place soon. I don’t anticipate this is going to take much longer.” She did not specify a timeline.
Saks’ promise comes after a coalition of anti-tobacco health groups held a press conference in Ottawa earlier this month to call on Saks to introduce the ban swiftly or resign.
They accused her of bowing to vaping industry pressure by failing to finalize the regulations this spring, as the federal government had planned.
October 21, 2024
Nexa Launches ULTRA Disposable Vaping Device
Credit: Nexa
Nexa announced the launch of its Nexa ULTRA vaping device.
The ULTRA introduces two new design structures: the Crystal Tank and the Flavor Booster, delivering 35 percent more puffs.
The Crystal Tank allows for the full injection of 20 mL of e-liquid, with an actual capacity of 20 mL for use, according to a release. Its visible e-liquid tank design allows consumers to easily track their vaping usage.
Its aluminum-plastic membrane preserves e-liquid aroma and flavor for extended periods, significantly enhancing shelf life. The design protects against e-liquid leaks during transport, according to a press release.
“The Flavor Booster is the core internal technology of the ULTRA and serves as the secret weapon for conquering consumer taste preferences … engineered to deliver rich flavor profiles that rival and surpass those of vape products using oil-absorbing cotton,” the release states.
The device has 15 flavors, including Sour Apple Ice, Blue Razz Ice, and Georgia Peach Ice.
October 21, 2024
Guam Governor Vetoes “Confusing” Vape Tax

Credit: Oleksii.
Guam’s Governor Lou Leon Guerrero on Monday vetoed a bill that seeks a 10 percent tax on vaping and electronic nicotine products.
The governor stated that she does not object to taxing electronic nicotine delivery systems (ENDS) to include vape products in her veto letter for Sen. Joe San Agustin’s Bill 193-37.
“It makes sense to implement a common-sense taxing structure on ENDS products,” she wrote.
The governor said the tax scheme in the bill would cause “unnecessary confusion and inefficiency.”
She said the tax would apply to retail sales of vaping and nicotine products, adding the cost directly to customer receipts in a way no other product on Guam is taxed, according to media reports.
Guam’s 2006 Tobacco Control Act already allows for vaping and nicotine products to be taxed at the same wholesale level as “electronic cigarettes,” the governor writes.
Leon Guerrero stated that senators should instead direct the Department of Revenue and Taxation to create rules for assessing the taxation of vaping and electronic nicotine products and extend existing tobacco taxes.
Guam law provides a sin tax of $4 per pack on cigarettes, though it’s unclear how the tobacco tax would be extended to vaping products.
A majority of 12 senators voted to pass Bill 193-37, enough to overcome the governor’s veto if support holds.
October 21, 2024