Tag: ban on e-cigarettes

  • Canton of Basel Bans Some Sales of Vaping Products

    Canton of Basel Bans Some Sales of Vaping Products

    Credit: Claude Wangen

    After testing 32 disposable e-cigarettes, the cantonal laboratory in Basel City, Switzerland, said it found problems with all of them and issued a sales ban on seven for containing toxic substances, reported SRF.

    The e-cigarettes were obtained from 12 sales outlets in the city. The problems detected include nicotine above the maximum legal limit, lead in metal joints, toxins linked to infertility and the presence of undisclosed additives.

    Smoking rates are high in Switzerland. An estimated 27 percent of the population 15 and over smokes, and 42 percent of men aged between 25 and 34 are smokers.

  • Mexico President to Push Forward Anti-Vape Bill

    Mexico President to Push Forward Anti-Vape Bill

    Mexican President Andres Manuel Lopez Obrador stated his intentions to introduce a law forbidding the use of e-cigarettes and vapes before he finishes his term in 2024.

    This comes after the Supreme Court overturned his previous attempt to ban their sale.

    Mexico already has one of the most stringent anti-tobacco laws globally, as evidenced by their implementation of a bill in January that prohibits smoking in all public spaces – including outside on the street, according to media reports.

    Mexico has already banned the import of e-cigarettes.

  • Bulgaria Readies to Ban Flavored Nicotine Products

    Bulgaria Readies to Ban Flavored Nicotine Products

    Image: Delyan

    Bulgaria will ban products with flavors other than tobacco effective Jan. 1, 2024, reports Novinite.com

    The ban is in response to the European Commission’s directive.

    The amendment will also require that all packaging for heated-tobacco products display a warning highlighting associated risks of use. The Ministry of Economy and Industry will now be tasked with prohibiting tobacco products containing additives that significantly increase toxicity, with addictive properties or that pose risks of cancer, mutations or reproductive toxicity.

    Enactment of the changes is pending official publication in the State Gazette.

  • Mexico’s Supreme Court Says Vape Ban is Illegal

    Mexico’s Supreme Court Says Vape Ban is Illegal

    The Supreme Court of Justice of the Nation (Credit: Fernando)

    Mexico’s Supreme Court of Justice has ruled that the presidential decree banning the sale of e-cigarettes is unconstitutional. 

    The court’s Second Chamber ruled by three votes in favor that the decree is contrary to the right to freedom of commerce.

    The ruling only permits those retailers who were parties to the case to sell e-cigarettes.

    In an en banc decision, the full Supreme Court of Justice of Mexico found the interpretation of Article 16(VI) banning e-cigarettes unconstitutional; however, this ruling does not automatically toss out the ban on e-cigarettes under Art. 16(VI).

    Instead, if a retailer wants to sell e-cigarettes, he/she must bring a court case to declare the unconstitutionality of the ban in his/her specific case.

    Thus, for now, e-cigarettes remain prohibited.

    Alberto Gómez Hernández, policy manager of the World Vapers’ Alliance, said he welcomed the decision of Mexico’s High court, adding that the decree violates the right to freedom of trade of the companies, but also the right to health and the free development of the personality of Mexican adults. “Mexicans should be free to decide how they consume nicotine,” he said in an emailed release.

    The declaration of unconstitutionality was carried out in an amparo lawsuit – a type of lawsuit in Mexico through which a company can seek legal protection or permission not to abide by regulation that violates its rights.

    The general ban will stay in place since the ruling applies only to that specific case and business, yet it shows that even Mexico’s highest court agrees that a ban on vaping products is unconstitutional.

    “Although the ruling does not establish jurisprudence, we hope that the government or the judiciary will reverse the ban soon,” said Gomez. “The ban has failed, it has aggravated the public health problem of smoking in Mexico and has created a huge black market controlled by mafias.

    “Mexico needs to abandon the ban and adopt a strategy that includes the use of less harmful nicotine products as a smoking cessation tool. It should follow the example of Sweden, which is about to become the first smoke-free country, and the UK, which promotes the use of vapes to quit smoking.”

  • San Francisco Files Lawsuits Against 3 Vapor Makers

    San Francisco Files Lawsuits Against 3 Vapor Makers

    San Francisco City Hall (Credit: Alonso Reyes)

    A new lawsuit filed by San Francisco City Attorney David Chiu’s office accuses three online retailers, The Finest E-Liquid, the Vape Society and DaSmokey, of illegally selling flavored vape products in the city.

    According to a complaint filed at San Francisco Superior Court Tuesday, city investigators purchased products from the three sellers that included a container of “The Finest Vanilla Almond Custard e-liquid,” a disposable vape called “Flum Pebble 6000 Puff, Matcha flavor” and packages of “Apple Pearadise” and “Straw Melon Sour Belts” e-liquid, among others.

    Moreover, the city alleges that the companies violated a state regulation, codified in California’s Stop Tobacco Access to Kids Enforcement (STAKE) Act, that requires online sellers to call the purchaser before shipping tobacco products and use certain language on the package—both safeguards intended to prevent minors from buying the products online.

    “We are bringing our lawsuit to send a clear message to tobacco retailers that selling their products will not be tolerated in San Francisco,” Chiu said. “We’re bringing this lawsuit to protect the public, especially youth, from the health risks of tobacco products.”

    Sales of flavored tobacco products have been banned in San Francisco since 2018, when voters approved Proposition E, which prohibited the sale of such products in response to the rising popularity of youth vaping.

    In 2019, the Board of Supervisors unanimously passed a ban on the sales of most electronic cigarettes in the city over the protests of Juul Labs, which was then headquartered in San Francisco and a major producer of vapes.

    That same year, Juul sponsored a ballot measure that would have reauthorized the sale of e-cigarettes—but it was overwhelmingly defeated.

    Now, Chiu’s office believes that the three online sellers are flouting bans and regulations of e-cigarette products by continuing to ship flavored vaping supplies to buyers in San Francisco.

    The alleged sales are happening despite broad restrictions on flavored vape products both locally and elsewhere, according to media reports. The websites gave no indication that the products could not be shipped to San Francisco and the products were shipped in short order to an address in the city, the complaint states.

  • Alabama Vape Registry Offers Louisianna Preview

    Alabama Vape Registry Offers Louisianna Preview

    Credit: Jet City Image

    A Louisiana state court has put the brakes on the state’s release of its official vaping and e-cigarette registry. However, Alabama’s registry, which has been active since spring 2022, may offer some insight into what products Louisiana will allow on the market.

    Passed earlier this year, Louisiana’s new law bans retailers from selling vape products not listed on a state-approved registry, known as the V.A.P.E. Directory. To receive authorization, products need a marketing order from the U.S. Food and Drug Administration or must meet one of several narrow exceptions, which favor products that have been on the market since at least 2016.

    It’s still unclear which products will be listed in the directory, but Louisiana’s new law mirrors one that’s already in effect in Alabama, which has been keeping a similar list of pre-approved vaping and e-cigarette products, called the Electronic Nicotine Delivery Systems Products Directory, for over a year.

    There are 1,602 vaping, e-cigarette, and alternative nicotine products listed in Alabama’s directory, meaning that many products can still be legally sold in the state, according to NOLA.com. On it are several kinds of JUUL products, various flavors of ZYN nicotine Pouches, Vuse, NJOY and BIDI Stick products.

    Missing from the list are several massively popular disposable vapes, including Elf Bars, Puff Bars and EscoBars.

    To check out the products on Alabama’s list for yourself, go to the Alabama Department of Revenue’s website.

    • Click the green box at the top right corner of the homepage that says “MyAlabamaTaxes.”
    • Scroll to the “Businesses” section, and click “View or upload a report.” 
    • Under “Tobacco Reports,” click “ENDS Product Directory.” 
    • Click the green “Search” button for every product in Alabama’s directory. Or toggle the “Manufacturer” or “Product” buttons and then search for the products you’re interested in.

    If the product you search for does not appear on the list, it is not authorized for sale in Alabama and likely will not be authorized for sale in Louisiana, according to sources. 

  • Lawsuit Pushes Pause on Louisiana Law Banning Vapes

    Lawsuit Pushes Pause on Louisiana Law Banning Vapes

    Credit: DedMityay

    The Louisiana Convenience and Vape Store Association filed a temporary restraining order and permanent injunction regarding a law that would remove unapproved vapor products from the market.

    The law, which also approved increasing taxes on vaping products, requires retailers to register vape products with the Louisiana Alcohol and Tobacco Control in the V.A.P.E. Directory by Nov. 1.

    Two state agency heads are listed as defendants in the lawsuit filed in East Baton Rouge Parish — ATC Commissioner Ernest Legier and Louisiana Department of Revenue Secretary Kevin Richard, according to media reports.

    “The Louisiana Department of Revenue administers state tax laws as passed by the legislature and signed by the Governor,” said Richard in a statement Thursday. “Act 414 of the 2023 Regular Session of the Louisiana Legislature is no exception. The Department will respect the judicial process and will reevaluate collection efforts and enforcement once this matter is resolved.”

    Court records show a hearing is set for Nov. 8.

  • Vaping Banned in Half of Southeast Asian Countries

    Vaping Banned in Half of Southeast Asian Countries

    Photo: Aliaksandr Barouski

    Of the 10 countries in the Southeast Asian region, five have banned e-cigarettes and vaping products, reports Malaya Business Insight, citing an the assessment by the Southeast Asia Tobacco Control Alliance (SEATCA).

    The sale and use of vapes and e-cigarettes are already banned in Brunei, Cambodia, Laos, Singapore and Thailand, according to the SEATCA.

    There are no bans in Myanmar and Vietnam while Indonesia, Malaysia and the Philippines regulate vapes and e-cigarettes. The SEATCA has urged the countries to strictly regulate the products.

  • Suriname Bans the Sale of All Vaping Products

    Suriname Bans the Sale of All Vaping Products

    Credit: Lucitanija

    Suriname has banned the sale of all vaping products. The small South American country has been named among eight countries that are adopting measures in line with the World Health Organization’s (WHO) Framework Convention on Tobacco Control (FCTC) to protect the health of their populations from novel tobacco products.

    The Republic of Suriname, a country in northern South America, borders the Atlantic Ocean in the north, French Guiana in the east, Guyana in the west, and Brazil in the south.

    The WHO said Friday that with the recent ban on the use and marketing of electronic cigarettes in Venezuela, currently, 21 countries in the Americas regulate electronic nicotine delivery systems (ENDS), such as e-cigarettes and vapes.

    “The resolution that regulates new and emerging nicotine and tobacco products in Venezuela is an important step forward for the country and for the region,” said Anselm Hennis, director of Non-Communicable Diseases Mental Health at the Pan American Health Organization (PAHO/WHO).

    “We hope that this measure motivates other countries to take action on these products, which are addictive, harmful and aggressively advertised towards the youngest,” he added.

    The eight new countries to join the initiative are Argentina, Brazil, Mexico, Nicaragua, Panama, Suriname, Uruguay and Venezuela and PAHO said these countries prohibit their sale altogether, and the other 13 countries have partially or totally adopted one or more regulatory measures.

    The PAHO report states that 14 countries in the Americas, including the Caribbean, lack any regulation of vaping products.

  • Venezuela Officials Place Ban on All Vaping Products

    Venezuela Officials Place Ban on All Vaping Products

    Credit: Zero Photo

    Venezuela has banned all vaping products. The country’s Ministry of People’s Power for Health issued a resolution this week prohibiting the manufacture, storage, distribution, circulation, commercialization, import, export, use, consumption, advertising, promotion, and sponsorship of electronic nicotine delivery systems (ENDS).

    Additionally, electronic non-nicotine delivery systems (ENNS), consumables, tanks or cartridges, refill consumable containers and other accessories are also banned, according to an emailed press release.

    Venezuela joins Argentina and Brazil in banning vaping products in South America.

    The decision comes two months after Venezuelan President Nicolas Maduro asked his government’s medical and scientific team to consider the ban. According to the Ministry of Health, “the measure is taken in response to the alerts promoted by the World Health Organization (WHO).”

    Alberto Gomez, community manager for Spain and Latin America for the World Vapers’ Alliance, said the ban on reduced harm products in Venezuela is a setback for public health.

    “Thousands of Venezuelans had already quit traditional tobacco thanks to vaping and had managed to improve their health,” he said. “Now they will have difficulty accessing the products, and it will be more difficult for more smokers to switch to less harmful alternatives. Venezuela should follow the example of countries like Sweden or the United Kingdom, which are on the way to eradicating smoking, not the WHO’s biased and paternalistic approach.”

    Prohibition always fails and brings unintended consequences, according to Gomez, adding that users will turn to the illicit market or return to smoking, while smokers can no longer switch to less risky products.

    “Public health will worsen, and smoking will mean higher costs for the health system. In addition, the illicit market does not control the sale to minors, the products do not pass safety and quality controls, and no taxes are paid. Prohibition does not solve anything.

    “More than 15,000 people die every year in Venezuela from tobacco-related diseases. Promoting the use of less harmful alternatives has the potential to save thousands of lives and improve public health. The Venezuelan government has an obligation to listen to those who have been able to quit smoking and improve their health thanks to vaping and establish risk-based regulation.”