Tag: disposables

New York City Files Suit for Illegal Online Vape Sales
New York City Mayor Eric Adams and New York City Acting Corporation Counsel Muriel Goode-Trufant announced that the City of New York has filed a federal lawsuit today against a major distributor of disposable flavored e-cigarettes,
The defendant – Price Point Distributors, Inc., based in Farmingdale, Long Island – is accused of distributing e-cigarettes with flavors such as snow cone, strawberry shortcake, and Hawaii Punch to retail stores and directly to consumers in New York City and around the country through online sales, violating nearly every applicable federal, New York state, and New York City law governing the sale of such products.
The lawsuit seeks to block Price Point Distributors, Inc., from further sales of these illegal items, seeks both monetary damages and fines, and marks the latest effort by the Adams administration to curb illegal sales of flavored e-cigarettes, which are appealing and addictive, especially to teens, according to media reports.
“Part of protecting public safety means protecting the health of New Yorkers, including our most vulnerable – our children, who are more susceptible to nicotine addiction, especially when products are flavored to make the taste less harsh,” said Adams. “Protecting young New Yorkers means stubbing out illegal vape and e-cigarette sales that target them.
“Today’s lawsuit alleges that Price Point Distributors knew it was breaking laws by selling flavored cigarettes to New Yorkers, and even took measures to conceal these illegal sales from federal, state, and local authorities. This lawsuit, as well as our continued efforts to shut down illegal smoke shops, go hand-in-hand with the work our administration is doing to bring down overall crime in our city.”
November 11, 2024
UK Urged to Tackle ‘Illegal’ Disposable Vapes

Photo: BAT
The U.K. government should be cracking down on illegal vapes rather than introducing redundant policies on cigarettes, according to BAT Chief Corporate Officer Kingsley Wheaton.
Wheaton made his comments in the context of the British government’s “generational tobacco ban.” The U.K.’s previous Conservative administration announced plans to create a smoke-free generation by banning the sales of cigarettes in the future to anyone who is currently aged 14 or under. The new Labour government is continuing with the policy and is also concerned about the prevalence of disposable vapes.
Wheaton cited a BAT analysis showing that by the time the generational ban takes force, smoking rates will have already fallen below 5 percent in that age category.
BAT is instead pushing for licensing for retailers selling vapes. With proper enforcement, licensing will help reduce the number of underage children getting their hands on e-cigarettes and level the playing field for all companies operating in the industry, according to the multinationals.
“We need to move on to a more mature dialog with real solutions for the problems that are out there,” Wheaton was quoted as saying by Bloomberg.
September 19, 2024
Retailers Move to Reinstate Challenge of Registry Law

Credit: Lulla
Kentucky vape retailers plan to appeal the dismissal of their challenge to a 2024 state ban on selling some vaping products. A Franklin Circuit judge in late July dismissed their lawsuit challenging the 2024 law.
Greg Troutman, with the Kentucky Smoke-Free Association representing vape retailers, filed a notice of appeal with the Kentucky Court of Appeals last week.
Troutman, on behalf of the retailers, had sued Allyson Taylor, commissioner of the Kentucky Department of Alcoholic Beverage Control and Secretary of State Michael Adams, arguing the new law did not pass constitutional muster, according to media reports.
Franklin Circuit Judge Thomas Wingate disagreed in a July 29 opinion. He dismissed the challenge, saying the law did not violate the state Constitution.
House Bill 11, which passed during the 2024 legislative session, goes into effect Jan. 1. Backers of the legislation said it aims to curb underage vaping by limiting sales to “authorized products” or those that have “a safe harbor certification” based on their status with the U.S. Food and Drug Administration (FDA).
Opponents have said it will hurt small businesses, lead to a monopoly for big retailers and could drive youth to traditional cigarettes.
According to Legislative Ethics Commission records, Altria, the parent company of tobacco giant Phillip Morris, lobbied for the Kentucky bill. Based in Richmond, Virginia, the company is pushing similar bills in other states. Altria, which has moved aggressively into e-cigarette sales, markets multiple vaping products that have FDA approval.
August 28, 2024
Warning Letters for 5 Online Illegal Vape Retailers

Credit: Marcus Krauss
The U.S. Food and Drug Administration has again  issued warning letters to five online retailers for selling unauthorized disposable e-cigarette products marketed under the brand names Geek Bar, Lost Mary, and Bang. It’s the second wave of warning letters issued in July.
The retailers included Smoke and Vape Company, LLC d/b/a Smoke and Vape Co.; Smoking Vibes LLC d/b/a Smoking Vibes; Cavalry Industries d/b/a Select Vape; HTXW LLC d/b/a FOMO Culture; and Global Supply Allies Inc. d/b/a Vapor Grab.
These warning letters were a result of FDA’s ongoing monitoring of multiple surveillance systems, including a review of various data, to identify emerging products of particular concern that are popular among youth or have youth appeal, according to an agency press release. For example, emerging data showed that Geek Bar – a Chinese-owned and manufactured brand – has recently seen an uptick in sales and can appeal to youth.
Warning letter recipients are given 15 working days to respond with the steps they will take to address the violation(s) cited in the warning letter and to prevent future violations. Failure to promptly address the violations can result in additional FDA actions such as an injunction, seizure, and/or civil money penalties.
FDA holds retailers accountable for selling unauthorized tobacco products, particularly those popular with youth. To date, FDA has issued over 680 warning letters to firms for manufacturing, selling, and/or distributing unauthorized new tobacco products, issued more than 690 warning letters to retailers for the sale of unauthorized tobacco products, and filed civil money penalty complaints against 64 manufacturers and more than 140 retailers for distribution and/or sale of unauthorized tobacco products.
As of August 1, 2024, the FDA has authorized 34 e-cigarette products and devices. The agency maintains a printable one-page flyer of all authorized e-cigarette products that retailers can easily consult to determine which products can be lawfully marketed and sold in the U.S. Entities manufacturing, importing, selling, or distributing e-cigarettes without the required premarket authorization risk enforcement.
August 1, 2024
Kentucky Judge Dismisses Vape Registry Lawsuit

Credit: Andreykr
A Kentucky judge has dismissed a lawsuit challenging the constitutionality of a 2024 law banning the sale of some vaping products.
In doing so, Franklin Circuit Court Judge Thomas Wingate sided with the lawsuit’s defendants — Allyson Taylor, commissioner of the Kentucky Department of Alcoholic Beverage Control, and Secretary of State Michael Adams — who filed a motion to dismiss.
Greg Troutman, a lawyer for the Kentucky Smoke-Free Association, which represents vape retailers, had argued that the law was too broad and arbitrary to pass constitutional muster because it is titled “AN ACT relating to nicotine products” but also discusses “other substances.”
The state constitution states that a law cannot relate to more than one subject. Wingate found the law doesn’t violate the state constitution, according to media reports.
The law’s title “more than furnishes a clue to its contents and provides a general idea of the bill’s contents,” stated Wingate. He wrote that the law’s “reference to ‘other substances’ is not used in a manner outside of the context of the bill but rather to logically indicate what is unauthorized.”
The lawsuit centers around House Bill 11, which passed during the 2024 legislative session and goes into effect Jan. 1. Backers of the legislation said it’s a way to curb underage vaping by limiting sales to “authorized products” or those that have “a safe harbor certification” based on their status with the U.S. Food and Drug Administration (FDA).
Opponents have said it will hurt small businesses, lead to a monopoly for big retailers and could drive youth to traditional cigarettes.
Altria, the parent company of tobacco giant Phillip Morris, lobbied for the Kentucky bill, according to Legislative Ethics Commission records. Based in Richmond, Virginia, the company is pushing similar bills in other states. Altria, which has moved aggressively into e-cigarette sales, markets multiple vaping products that have FDA approval.
“The sale of nicotine and vapor products are highly regulated in every state, and the court will not question the specific reasons for the General Assembly’s decision to regulate and limit the sale of nicotine and vapor products to only products approved by the FDA or granted a safe-harbor certification by the FDA,” Wingate wrote in a Monday opinion. “The regulation of these products directly relates to the health and safety of the Commonwealth’s citizens, the power of which is vested by the Kentucky Constitution in the General Assembly.”
July 29, 2024
More Warnings for Sellers of Elf Bar, Lost Mary Vapes

Credit: Chris Titze Imaging
The U.S. Food and Drug Administration announced on July 25 that it had issued warning letters to 80 brick-and-mortar retailers in 15 states for selling unauthorized e-cigarette products, including Elf Bar and Lost Mary.
The regulatory agency also filed complaints for civil money penalties (CMPs) against eight other retailers who failed to take action after being previously warned about selling unauthorized e-cigarettes.
“These warning letters and CMPs are a result of FDA’s ongoing monitoring of multiple surveillance systems to identify products that are popular among youth or have youth appeal. The 2023 National Youth Tobacco Survey, according to an FDA release, found that more than 50 percent of youth who use e-cigarettes reported using the brand Elf Bar.
Additionally, the brand Lost Mary—manufactured by the same firm as Elf Bar—was identified as popular or youth-appealing following an agency review of retail sales data and emerging internal data from a youth-use survey.
The FDA generally sends warning letters the first time an investigation or inspection reveals a violation. Warning letter recipients have 15 working days to respond with the steps they will take to correct current violations and prevent future violations. However, failure to promptly correct the violations may result in additional FDA action, including CMPs.
For the retailers receiving the eight CMPs, the FDA previously issued warning letters for to them for selling unauthorized tobacco products. Follow-up inspections revealed that the retailers had failed to correct the violations, and the agency is now seeking $20,678 from each retailer.
These actions are the latest in the FDA’s ongoing efforts to address the marketing and sale of unauthorized e-cigarettes that appeal to youth. Throughout the last year, the agency has conducted inspections of retailers to identify those selling unauthorized e-cigarettes, including in May, March, and February. As a result of these actions, the FDA has issued more than 690 warning letters and more than 140 civil money penalty actions to retailers for the sale of unauthorized e-cigarettes.
To date, the FDA has authorized 34 e-cigarette products and devices. These are the only e-cigarette products that currently may be lawfully marketed and sold in the United States. Further information on tobacco products that may be legally marketed in the United States is available in the FDA’s Searchable Tobacco Products Database.
July 25, 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
Switzerland Set to Ban Disposable Vape Products

Photo: twinsterphoto
Swiss lawmakers voted on June 12 to ban sales of disposable vapes, reports the Swiss Broadcasting Corp.
The motion calls on the government to amend the Federal Act on Tobacco Products and Electronic Cigarettes so that single-use vapes may no longer be offered for sale in Switzerland.
“’Puff bars’ are attractive to young people due to their many flavors and bright colors and are therefore becoming increasingly popular, said Green Party parliamentarian Christophe Clivaz, using the brand name of a popular vape brand to refer to all cigarettes.
Switzerland imported 10 million units in 2022, he added.
Clivaz lamented the environmental impact of improperly disposed vapes and the addictive nature of nicotine products. Clean-up efforts cost millions and the health effects of disposable cigarettes have been insufficiently researched, he noted.
Interior Minister Elisabeth Baume-Schneider voted against the House of Representatives’ motion, which the Federal Council, Switzerland’s executive body, considers premature.
The proposal will now move the Senate.
June 13, 2024
FDA: New Joint Task Force to Combat Illegal Vapes

Credit: Heidi
The U.S. Department of Justice (DOJ) and the U.S. Food and Drug Administration announced today the establishment of a federal multi-agency task force to combat the distribution and sale of illegal vaping products, including disposable e-cigarettes.
“Enforcement against illegal e-cigarettes is a multi-pronged issue that necessitates a multi-pronged response,” said Brian King, director of the FDA’s Center for Tobacco Products. “This ‘All Government’ approach – including the creation of this new Task Force – will bring the collective resources and experience of the federal government to bear on this pressing public health issue.”
Along with the FDA and DOJ, the task force will bring together multiple law enforcement partners, including the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); the U.S. Marshals Service (USMS); the U.S. Postal Inspection Service (USPIS); and the Federal Trade Commission (FTC), to coordinate and streamline efforts to bring all available criminal and civil tools to bear against the illegal distribution and sale of e-cigarettes responsible for nicotine addiction among American youth. Additional agencies may join the task force in the coming weeks and months.
“Unauthorized e-cigarettes and vaping products continue to jeopardize the health of Americans – particularly children and adolescents – across the country,” said Acting Associate Attorney General Benjamin Mizer. “This interagency Task Force is dedicated to protecting Americans by combatting the unlawful sale and distribution of these products. And the establishment of this Task Force makes clear that vigorous enforcement of the tobacco laws is a government-wide priority.”
The federal task force will focus on several topics, including investigating and prosecuting new criminal, civil, seizure and forfeiture actions under the PACT Act; the Federal Food, Drug, and Cosmetic Act (FDCA), as amended by the Family Smoking Prevention and Tobacco Control Act (TCA); and other authorities.
“The U.S. Marshals Service Asset Forfeiture Division stands ready to work with our Task Force partners in the seizure of unauthorized e-cigarettes from domestic distributors seeking to sell them unlawfully,” said Ronald Davis, director of the U.S. Marshals Service.
According to a press release, violations of these statutes can result in felony convictions, significant criminal fines, and civil monetary penalties. They can also result in seizures of unauthorized products, which can help make illegal e-cigarettes less accessible, including to young people. Through their participation in the task force, USMS will help the FDA and the Department effectuate seizures of unauthorized e-cigarettes within the United States.
“The Justice Department is committed to enforcing the laws that prevent the sale and distribution of unlawful e-cigarettes,” said Principal Deputy Assistant Attorney General Brian Boynton, head of DOJ’s Civil Division. “We will work closely with our Task Force partners to address this crisis with all of the enforcement tools available to us.”
The Federal Trade Commission (FTC), which releases reports about cigarette, smokeless tobacco, and e-cigarette marketing and enforces various statutory and regulatory prohibitions on false and misleading advertising, will support the task force’s activities, including by sharing its knowledge about the marketplace for vaping products.
“We look forward to sharing our experience with this rapidly changing, multi-billion dollar market through this important Task Force,” said Samuel A.A. Levine, director of the FTC’s Bureau of Consumer Protection.
June 10, 2024
Altria Wants FDA to Crack Down on Illegal Vapes

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Altria Group Inc. is calling on the U.S. Food and Drug Administration to do more to crack down on unauthorized vaping products that compete with its own authorized products produced by Njoy.
“We believe the FDA’s enforcement approach is not of the scale or scope needed to bring about fundamental change in the marketplace,” Altria CEO Billy Gifford said on the company’s first-quarter earnings call.
He described the proliferation of e-cigarettes that the agency hasn’t authorized as a “threat to public health.”
Altria’s reported revenue fell 2.5 percent year-over-year to $5.58 billion. The drop was primarily driven by lower net revenues in the smokeable products segment, partially offset by higher revenue in the oral tobacco products segment and all other categories, according to media reports.
Altria’s (MO) revenue net of excise taxes decreased 1.0 percent to $4.7 billion. Adjusted diluted EPS decreased 2.5% to $1.15 to match the consensus expectation, primarily driven by lower adjusted OCI, partially offset by fewer shares outstanding.
“In spite of the absence of an effective regulatory environment, we saw continued early momentum from NJOY and believe our businesses are on track to deliver against full-year plans,” said Gifford. “We also demonstrated our continued commitment to maximizing the return on our investments and delivering strong shareholder returns through the sale of a portion of our investment in ABI and the subsequent expansion of our share repurchase program in March.”
April 25, 2024