New e-cigarette legislation in the U.S. state of Ohio is awaiting a decision by the state’s governor, Mike DeWine. The law would ban any local jurisdiction from implementing tobacco laws that are more strict than state laws.
“We are kind of sitting on the edge of our seats waiting,” said Dr. Angelica Hardee, vice president of community impact for the Greater Cincinnati Heart Association.
Lawmakers wrote House Bill 513 to ease burdens on wholesale tobacco, Ohio’s fourth largest source of tax revenue. However, its fate hinges on an amendment that invites debate on freedom and health.
“The issue of home rule is very, very important,” DeWine said last week during an interview with WCPO 9 News, content partners of the Journal-News.
The cities of Cincinnati, Norwood, Hamilton and Middletown have stronger tobacco policies than the state.
Supporters include the Ohio Wholesale Marketers Association. The group’s executive director, Beth Wymer, told WCPO 9 News that without uniform tobacco regulation across the state, buyers will purchase more tobacco products from unregulated sellers and in neighboring states, which hurts Ohio’s tax revenue, Wymer said.
“Do we want Columbus, Cleveland, Cincinnati, Kenton, Bellefontaine, Findlay saying, ‘Listen, just like the mayor of New York did, we’re going to get rid of the Big Gulp,’” Ohio House Rep. Jon Cross of District 83 asked in session two weeks ago. “‘We’re going to get rid of the Big Gulp. No 32-ounce cokes.’ This provision talks about the tobacco side of it.”
Without tipping his hand, DeWine told WCPO 9 News last week that allowing cities home rule is important but different with tobacco because of its impact.
“Sure it’s an individual choice (to smoke),” DeWine said during the interview last week. “No one is telling you you can’t smoke. But the cost to you as a taxpayer for paying for people on Medicaid who have cancer or have other problems because of smoking is in the hundreds of hundreds of millions of dollars each year. So it co
Iowa Attorney General Tom Miller in the U.S. announced that Juul Labs Inc. will update its advertising and retail practices, and pay $5 million over a four-year period in order to resolve potential violations of Iowa law.
Miller alleged that the e-cigarette manufacturer exposed Iowans under the age of 21 to its nicotine delivery system which would be a violation of Iowa’s Deceptive Trade Practices Act.
“This agreement strikes a balance in truthful advertising and promotions of Juul devices and pods,” Miller said. “E-cigarettes should be promoted to smokers as a less harmful alternative, but not to youth,” according to KCRG.
As part of the agreement, Juul Labs will send $1.25 million each year to the Iowa Department of Health and Human Services. The funding will then be used to:
provide Iowans with assistance in quitting e-cigarette use
fund education or prevention programs
establish research in support of preventing ENDS use
facilitate the adoption of age-verification technologies
enforce related programs in support of Iowa and federal laws.
In New Zealand, two new medicinal cannabis products have been verified as meeting the quality standard for legal sale. This follows Helius, a week earlier, being the first New Zealand company to receive GMP certification to produce THC extracts and manufacture medicines containing THC.
“We are very pleased to bring more NZ grown, NZ made medicinal cannabis products to Kiwi patients,” says Carmen Doran, chief executive of Helius Therapeutics. The launch of two new medicines into the New Zealand market makes a total of four new medicines from Helius in 2022. It brings Helius’ portfolio of products to six, according to an email sent to Vapor Voice.
“In mid-December we were able to announce GACP certification, and since then we’ve also obtained GMP certification for four more processes at our East Auckland site. Such progress is testament to the culture of teamwork Helius is building,” she says.
Helius is New Zealand’s only company to have GMP certification for extraction and manufacture of CBD and THC medicines. What’s more, it is now one of two companies (the other being Nubu Pharma) who have six products verified as meeting the minimum quality standard in New Zealand.
The latest products will be exported in 2023 to Helius customers in Europe.
“The THC containing products have had considerable interest internationally, with GMP manufactured products gaining a lot of attention globally as the medical markets continue to grow. We have seen particular interest in balanced, full spectrum medicinal cannabis formulations,” says Doran.
With the launch of these products, New Zealand patients now have access to NZ made products across the spectrum of oral solutions. No longer do they have to rely on imported products which have had supply delays throughout 2022 and can be priced considerably higher.
With Republicans in control of the U.S. House, some experts expect the vape industry to thrive.
By Timothy S. Donahue
The next two years should be better than the past two years. That was the overall outlook from vapor industry experts speaking during the Vapor Technology Association’s (VTA) 2022 Post-Election Round-Up webinar in late November. Tony Abboud, executive director of the VTA, told attendees that his organization has been working diligently with two Washington, D.C.-based firms, West Front Strategies, a lobbying group, and FORA Partners, a public affairs agency, to promote the interests of the vaping industry as Republicans take over the U.S. House of Representatives in 2023. “We have a very specific agenda, some of which we’ve discussed (as an overview of what) we are pursuing,” he said. “We’ve done an enormous amount of groundwork.”
Shimmy Stein
Shimmy Stein, a partner with West Front Strategies, said the change in leadership at the House could have a positive impact on the vaping industry until at least the next election cycle. “Anytime you can take over the gavels, take over the control of the messaging, take over control of the chairmanships and the legislation, that is an important piece of governing,” he explained. “And so, while it was not to the extent or to the size which Republicans were hoping for in terms of the majority in the House of Representatives, it’s still pretty significant and will change the manner in which Washington will function.”
Over the next two years, the vaping industry should feel “a little more comfortable, a little more secure” going into a divided Congress (the U.S. Senate leadership did not change), according to Craig Kalkut, a partner with West Front Strategies. However, the vaping industry has always faced threats from both Democrats and Republicans due to their concerns over teen vaping. “We still need to work with both parties. We still could face issues and threats of overregulation and poorly conceived legislation. But the bottom line is that we will have a more comfortable environment with Republicans controlling one house of Congress,” said Kalkut.
Craig Kalkut
Reconciliation, a way for Congress to enact legislation on taxes, spending and the debt limit with only a majority vote, is no longer a threat to the vapor industry, according to Kalkut. He said that’s just not something that can happen in a divided Congress. “What that means, ultimately, is that anything that passes will need to have bipartisan support,” said Kalkut. “And because of that, [legislation] will likely be more limited, more moderate, and hopefully, if there’s any legislation passed in our area, that will be something that allows us to thrive, which addresses the concerns that linger over teen vaping but does not overregulate and drive people away from vaping.”
Kalkut also confirmed that gridlock is a concern in a divided Congress; however, gridlock could also provide incentives for both parties to compromise. “They’re both seen as in charge, so they both sometimes want to get something done. And that will bring people to the table and often over issues that are not central to either party’s ideology,” he said. “It’s hard to come to a compromise on taxes, or it’s hard to come to a compromise on healthcare … but something like vaping, perhaps there will be opportunity for common sense provisions to prevail in an area where Democrats and Republicans can come together.”
Max Hamel
Max Hamel, founding partner of FORA, said when Congress is split, the White House typically relies heavily on its executive privilege. There is no known administration agenda on vaping, so a vaping-related rule is unlikely. With Republicans in control of the House, they also head committees. The House oversight committee and its subcommittees could present opportunity for the vaping industry, according to Hamel.
“We do have new personalities on both the majority and the minority side, so they’ll probably have some growing pains,” he said. “The big question is, how does this new authority, especially in the House, get wielded[?] … whether it’s one seat or 40 seats, the authority with the majority is the same, and it is substantial from [an] investigation and oversight standpoint; [that’s] probably not necessarily true from a legislative standpoint … the oversight subcommittee, we do have the opportunity to surface some things, but it’s really an opportunity for us now to not be on defense and [to] put forth an agenda and some messaging that really focuses on the things that are advantageous to us.”
Additionally, with Juul losing its stranglehold on the vaping market, Hamel said the vaping landscape is changing. Juul became the focus to save youth from vaping, and today, Juul isn’t the focus. The market is made up of a more diverse group of companies with different technologies dedicated to harm reduction. Hamel said this is the message that should be projected. “I think our priority will be focusing on the messages that really emphasize the harm reduction aspects,” he said.
Kalkut then added that the vaping industry has an opportunity now to change the conversation, particularly with Democrats but also Republican critics and skeptics of vaping through the ever-expanding body of science that shows the relative safety and incredible potential for harm reduction that next-generation tobacco products have. “That has become more and more clear as time has gone on over the last couple of years,” he said. “I think once we show that, once we demonstrate our commitment as an association in the industry to addressing teen vaping, we have a real chance of changing the narrative.”
Ashley Davis
Ashley Davis, a founding partner at West Front Strategies, told attendees that, looking back on industry challenges, there has been success. However, her concerns going into the last Congress (2020–2022) were that she didn’t really know in what direction or how forcefully Biden would lean on the vapor industry. She says the industry “dodged a bullet.” The industry could have suffered more than it did those first two years in a Biden administration. She also said the issue of youth use will remain at the forefront of any discussion concerning electronic nicotine-delivery system products.
“We do have to still deal with the youth issue. And I think we all realize that any negative press that comes up is around the youth issue … Everyone loves a microphone. It’s a member of Congress. If there’s an issue to discuss, that’s what they’re going to discuss,” explained Davis. “[We are] trying to make sure that any bad legislation is not passed—it’s much more unlikely in this Congress than it was before.”
Taking a question from the audience, Abboud closed the session speculating on the impact of the Reagan-Udall Foundation’s external review of the U.S. Food and Drug Administration’s Center for Tobacco Products, the results of which are expected in mid-December.
Abboud said that numerous comments from staffers of the FDA for the Reagan-Udall assessment suggest the regulatory agency is in a state of disarray and is being influenced by outside forces not scientific research. He said he hopes the foundation will advise the FDA that premarket tobacco product application (PMTA) decisions should be free from any external pressures, especially political pressure.
“[The review should recommend to the FDA that PMTA] decisions must be made based upon the science that is submitted as well as making sure that the agency does, in fact, review all of the science that has been submitted as part of any applications as well as [reviewing] all of the applications that have [been] submitted,” said Abboud. “Because that was another big failing of the current process where applications have been rejected [without a full review].”
A U.S. federally-licensed tobacco product manufacturer focused on harm reduction products announced today that the Canadian Intellectual Property Office (CIPO) has issued patents for its pods comprising blends of very-low-nicotine tobacco and hemp for use with electronic nicotine delivery systems (ENDS).
Canadian Patent No. 3,151,047 was issued to Cabbacis and includes 27 claims which will expire on September 10, 2040. Earlier in 2022, CIPO also issued Patent No. 3,107,796 to Cabbacis for cigarettes comprising blends of very-low-nicotine tobacco and hemp.
“I am pleased that both types of our products are now patented in Canada which is one of our early target countries for commercialization,” said Joseph Pandolfino, founder and president of Cabbacis.
Credit: Feng Yu
Primary applications of the company’s very-low-nicotine cigarettes and vaping pods in development comprising blends of very-low-nicotine tobacco and hemp are to assist smokers of conventional cigarettes to smoke less, transition to less harmful tobacco or nicotine products, or quit nicotine use altogether, according to a press release.
Cabbacis’ patent portfolio includes 25 issued patents and various pending patent applications across the United States, Europe, China, Japan, South Korea, Canada, Australia, New Zealand, Mexico, Brazil and other countries. The company holds six U.S. patents.
Smoore is the manufacturer of several vaping products that have survived strict government scrutiny.
By Timothy S. Donahue
The U.S. premarket tobacco product application (PMTA) process is one of the world’s most rigorous regulatory pathways to market for nicotine products. Out of nearly 7 million applications, only 23 e-cigarette-style products have been approved for marketing by the Food and Drug Administration. Most of the approved products have been manufactured by a single company.
Smoore International Holdings, through its subsidiary, Shenzhen Smoore Technology, manufactures the Njoy Ace, Njoy Daily, Logic Power and Logic Pro devices. The Njoy Ace is the most technologically advanced vaping product to receive marketing approval in the U.S. It is the first e-cigarette authorized by the FDA that is equipped with ceramic coils that are manufactured by FEELM, the atomization brand owned by Smoore Technology. The Ace marketing orders mark the first approval by the FDA of a pod-style vaping product.
Garnering the marketing orders required plenty of forethought and investment from Smoore. Based on PMTA requirements, Smoore established a comprehensive analytical testing and safety assessment system, including the vaping industry’s first corporate toxicology laboratory, which explores the health impacts of exposure to e-cigarette vapor by means of cytotoxicity tests. These test the reaction of living cells to different components of e-cigarette vapor. The company has also developed the third generation of in-house safety standards, Smoore 3.0, which covers all of the necessary PMTA tests, including testing for harmful and potentially harmful constituents.
In a conversation with Tobacco Reporter, FEELM Marketing Director Sofia Luo attributed the success of Smoore products in the regulatory process to the company’s detailed and lengthy research and development process, which includes a rigorous testing and safety assessment system.
“FEELM ceramic coils have more than seven years of research and development. It is the first black ceramic atomization coil that presents high harm reduction performance in the electronic atomization industry. It provides more flavor than a cotton coil,” Luo said. “’FEELM Inside’s technology has also been upgraded and optimized continuously since its debut. We believe that only innovation from bottom to top can lead to industry breakthroughs and allow us to provide outstanding products for our clients.”
Because of their innovative atomization technology, FEELM coils significantly increase Smoore clients’ chances of garnering an FDA marketing order and meeting China’s e-cigarette standard. Currently, the top four Chinese e-cigarette brands with the highest production quotas (amounting to 80 percent of the total) are partnered with the FEELM brand.
A quality coil is a much-needed component for generating flavor in vaping products. Looking at the current regulatory landscape, tobacco will likely remain the dominating flavor in both the U.S and China. Tobacco taste-only policies could also impact other regions. According to Luo, Smoore has upgraded its ceramic coils, which can be specifically tailored toward tobacco flavors.
“To comply with the Chinese national standard for e-cigs released this year, domestic brands use materials directly extracted from tobacco for e-liquid production, making it harder for coil manufacturers to produce a suitable device,” explains Luo. “We developed a comprehensive technology solution [that helps Smoore’s] Chinese and overseas clients to study [and develop new innovations] and produce better e-cigarette products. This continuous innovation is the foundation for the advancement of Smoore and the rapid development of the e-cigarette industry.”
Innovation is important for the industry. Smoore has been a frontrunner in innovation and has applied for 4,300 global patents. The company must also be diligent in protecting its intellectual property. Last October, Smoore filed a complaint under the U.S. Tariff Act accusing 38 American and Canadian companies and individuals of infringing on three of its patents and one of its trademarks. As of April 20, 17 of the 38 defendant companies had signed consent letters or settlement agreements.
To stay ahead in innovation, Smoore has recruited over 1,500 R&D experts, accounting for more than 40 percent of its total staff. The company has applied for more than 500 vaping-related heating patents. Recently, Smoore launched the FEELM Max, the world’s first ceramic coil disposable pod solution. The ceramic coil allows for a higher level of safety and harm reduction compared to previous devices.
Smoore presented its FEELM Max disposable technology solution at the Indonesia Electronic Atomization Exhibition (IECIE 2022), which took place at the Jakarta International Convention and Exhibition Center in late October. Speaking at the exhibition, Smoore Vice President Clayton Shen highlighted the importance of technological innovation in driving progress in the vaping industry.
During his presentation, Shen explained that the closed system is the fastest-growing category in the next-generation tobacco market and will claim a significant market share over time. According to Smoore, ceramic coils solve longstanding coil challenges such as leaking liquid and a burnt taste. FEELM’s ceramic coils, said Shen, are used by many of the leading vapor product manufacturers, such as Relx and Njoy.
Founded in 2009, Smoore was one of the first companies to join the e-cigarette industry and later became China’s first billion-dollar vapor company. Smoore International Holdings, parent to Shenzhen Smoore Technology, is also the first vapor company to be listed on the Stock Exchange of Hong Kong. Globally, Smoore is considered one of the most valuable vapor industry manufacturers. According to Frost and Sullivan, Smoore is No. 1 in the global vaping device market with a 22.8 percent market share in 2021.
Smoore is parent to Vaporesso and FEELM, two vaping brands that have gained global recognition for their innovative products. Vaporesso is an open system product brand created in 2015 and is “dedicated to establishing a smoke-free world while raising the quality of life for its users,” according to Luo. “Based on its continuous innovation, strict quality control and substantial commitment, Vaporesso creates products that can fit all levels and styles of vapers.”
FEELM is a closed system technology brand that has been devoted to providing comprehensive atomization technology for global tobacco giants and independent e-cigarette brands, according to Luo, adding that FEELM manufactures FEELM Inside and FEELM Air, the latest in closed pod systems, and FEELM Max, a disposable system.
“This year, FEELM has started to bring the advanced technology of ceramic coils to the field of disposable vapes, hoping to bring our consumers of disposable products the same atomizing experiences as a closed pod system. Compared to other disposable products, FEELM presents a better performance on safety and harm reduction,” Luo said. “Developing and upgrading atomization technology to better optimize the user experience has been a goal, and we wanted to support our clients in launching disposable vapes with ceramic coils in the global market rapidly. This has provided end consumers with more choices.”
When Smoore International announced its financial results for 2021, it reported annual revenues of rmb13.75 billion ($2.16 billion), representing a year-on-year increase of approximately 37.4 percent. The company credited its FEELM brand and its innovative vaping solutions for its growing success. “The driving force of the atomization industry is technological innovations, which brings fundamental breakthroughs in product safety and flavor reproduction,” said Smoore board chairman Chen Zhiping at the time.
In its effort to provide consumers more choices in harm reduction products, Smoore has now launched Metex, its heat-not-burn division. The company’s goal is to create a new heating technology R&D platform “that connects the present and the future, balancing the beauty of technology and life,” according to the Metex website. Metex aims to provide its business partners with one-stop supply chain solutions, from core heating technology research to product development and final production.
While Smoore began as an e-cigarette company, the company increasingly views itself as a technology company. Recently, it changed its email address from @smoorecig to @smooretech to better reflect the company’s growing goals. Luo said that changing the email suffix was a way to “better convey our technology” concept to the public, and at least 10 percent of the company’s profits every year are reinvested into its science and technology components, including Smoore’s 14 research institutes that the company has established around the world.
Smoore is growing rapidly. The company expects the e-cigarette market to continue growing at a significant stride over the next five years. Industry experts say product innovation, too, is going to continue at a rapid pace. Luo said that smoking alternatives are becoming increasingly popular worldwide as more consumers and governments realize the significance of e-cigarettes in supporting harm reduction. Improvements in the manufacturing process, she says, will help increase the options for consumers, and manufacturers will inevitably move from semiautomated production lines toward fully automated production lines.
“Regarding the technical development in the overall e-cigarette market, we believe that improving safety, taste optimization and improving the efficiency of nicotine delivery are the major trends in the future. We also are conducting in-depth research on these important technologies internally,” Luo said. “As for the device development trend, we believe that consumers prefer to purchase environmentally friendly and carbon-reducing products as we move toward the future. Consumers need more diversified choices.”
Smoore’s new FEELM Max disposable pod line includes products featuring concepts that help minimize environmental concerns, according to the company. FEELM also published its Carbon Neutral Plan, and the company is committed to implementing increasingly high sustainability standards into its business strategy. “We are moving toward carbon neutrality,” Luo said. “It’s part of [our] strategic plan moving forward.”
With atomization technology being the foundation for Smoore, the company is looking toward more diversification over the next five years and growing outside the vaping industry. Luo said that the company is increasing its research and development investments for atomization improvements in the medical and beauty/cosmetics industries, for example.
“In addition to vaping products, Smoore is committed to integrating atomization technology into more industries, distributing these technologies to other industries,” Luo said. “Our medical atomization and beauty atomization products are now being tested. After their launch, they will broaden the business categories of Smoore and increase the scope of our clients. We are very excited about enhancing our future development through multiple driving incentives and wider roads. And we firmly believe that atomization makes life better.”
Legislatures in Scotland are proposing to ban flavored vaping products to “protect the health of children and young people”.
The Scottish Greens are set to propose plans to ban sweet-tasting vapes in 2023, with campaigners warning it is a “ticking time bomb” for young people’s health, according to media reports.
The party’s health spokesperson, Gillian Mackay, said she is also prepared to pursue legislation to ensure the health of those most likely to be impacted is preserved.
She said there is growing concern that the number of under-age people being attracted by “deliberately sweet-toothed tactics” used to market the products is spiraling.
Mackay also wants to ban the public display of e-cigarettes in retail shops. She said she wants retailers to treat them in the same way as cigarettes and hide them from view.
The port town of Dover, England, with the view facing towards France. The port is used for passengers and commercial goods. (Credit: Credit ProMicroStockRAW)
The number of potentially unsafe disposable vapes being seized at English Channel ports has risen “dramatically”, according to trading standards.
More than 300,000 of the counterfeit products had been seized during December, Kent Trading Standards said, according to the BBC.
“A lot of our work has been focused on retail outlets but this is now higher up the supply chain,” James Whiddett, spokesperson for KTS, said. “We’re stopping these devices which may have about 10 times the legal limit of nicotine in them.”
He said the current legal limit on the tank on disposable vapes is 2ml, which is the equivalent of 600 puffs.
“The products which we’re seeing coming into the country at the moment have 3,500 puffs on them and some have 7,000 puffs, so they are illegal and cannot be supplied to anyone,” he said.
Whiddett said the demand for disposable vapes had risen dramatically over the last nine months.
“The flavors, the fact that people don’t have to put their own liquids in, means it’s convenient and easy,” he said. “We’re not sure where these illegal vapes were going, and our investigations are ongoing.”
Gillian Golden, CEO of the Independent British Vape Trade Association, said non-compliant vape products are also associated with non-compliant sales, “often to underage consumers.”
She said the association would continue to assist trading standards over non-compliant vaping products.
Renters West Hollywood (WeHo), California, will soon be banned from using e-cigarettes inside their apartment. The ordinance also includes the patio or balcony.
A new section of the WeHo municipal code goes into effect Jan. 1 that prohibits smoking in “existing units” in multi-family dwellings, which basically means most apartments and duplex rentals.
The city defines “smoking” as cigarettes, cannabis and tobacco vapes, and other products made from tobacco and/or nicotine, such as heat-not-burn products and hookah, according to media reports.
Those caught breaking the new rule are subject to a fine ranging from $100 to $500. However, violations can not be grounds for eviction or imprisonment.
Using cannabis vapes remains legal if for medical purposes. “The City Council further finds that, in the interest of the public health and welfare, imposing restrictions on smoking or vaping cannabis in the privacy of one’ s residence is not warranted for tenants that consume cannabis for medicinal, therapeutic or recreational purposes,” the council stated. “State law does not allow cannabis smoking in public places and prohibiting cannabis consumption in private units would not leave available safe alternatives.”
A lawmaker in Scotland wants to ban the public display of e-cigarettes in retail shops. Scottish Greens MSP Gillian Mackay wants retailers to treat them in the same way as cigarettes and hide them from view.
“This is beyond the days of smoking behind the bike sheds – this is a multi-million industry leading the nation’s health down a path to disaster,” Mackay said. “It is a ticking time-bomb and, until we know more, that’s not a risk I or anyone else should be asked to accept.”
She has written to shops and vape manufacturers ahead of taking her campaign to the Scottish Parliament, according to the Daily Record.
Mackay, the Green Party’s health spokesman, said there is growing concern that the number of under-age people being attracted by “deliberately sweet-toothed tactics” to market products is spiralling.
She is calling on retailers to lead by example by writing to them urging that they hide the products from view.
Legislatures in Scotland are proposing to ban flavored vaping products to “protect the health of children and young people”.
