Tag: e-cigarettes

Korea Cracks Down on E-Cigarette Tax Evaders
A plan to strengthen the crackdown on people evading taxes on imports of tobacco-derived e-cigarette products by claiming the nicotine is synthetic, according to South Korea’s customs agency.
The Korea Customs Service said it had developed a high-precision analysis method to identify whether the nicotine contained in an e-liquid is extracted from natural tobacco or created in a lab.
This method uses a sample preparation technology called derivatization to increase the detection sensitivity of a specific ingredient contained in tobacco leaves by a factor of 30, according to The Korea Biz Wire.
E-liquids in South Korea that use natural nicotine are classified as cigarettes under tax laws, and are therefore being levied an inland duty of 1,799 won ($1.32) per 1 milliliter.
Synthetic nicotine-based e-liquids, however, that are produced with chemical materials are not classified as tobacco cigarettes but as manufactured goods, and are therefore exempt from cigarette consumption taxes.
Accordingly, there are some cases where e-cigarettes using tobacco-derived nicotine are falsely being reported as synthetic nicotine e-cigarettes to avoid taxes.
November 14, 2022
CDC: Teen Tobacco use Down Over 50% From 2019

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The numbers are in and teen tobacco use is dropping. According to government data released last week, an estimated 3.08 million U.S. middle and high school students reported using a tobacco product in the last 30 days in 2022. That figure is down from 4.47 million in 2020 and 6.20 million in 2019.
E-cigarettes were the most commonly used tobacco product among teens for the ninth consecutive year, according to the study published in the U.S. Centers for Disease Control and Prevention (CDC) Morbidity and Mortality Weekly Report.
The survey found cigars to be second most popular with 500,000 reporting use, followed by 440,000 cigarette smokers.
Nearly 31 percent of the students surveyed reported using multiple products, which the CDC called “particularly concerning” as that has been linked to nicotine dependence and sustained use in adulthood, according to Reuters.
Cigarette smoking among U.S. youths has been steadily declining in the last two decades, although the CDC cautioned against comparing the results to previous years due to a change in the method of data collection related to the COVID-19 pandemic.
The study was based on an annual national survey that took place from January to May this year, which showed that nearly 11.3 percent of all students had used a tobacco product in the last 30 days.
November 14, 2022
Elfbar Brings Back the ‘Cigalike’ Disposable Vape
The classic cigalike vape stick is back. Elfbar launched its version of the iconic vape device last month in the UK after it was approved by the sovereign state’s Medicines Healthcare Products Regulatory Agency (MHRA).
The Elfbar Cigalike provides vapers with an estimated 400 puffs, and is designed for heavy smokers looking to quit combustible cigarettes.
“According to the NHS, vaping is one of the best ways to quit smoking,” Victor Xiao, chief executive of Elfbar, said. “Brands and the retail sector have an important role to play in getting this message out there to adult smokers by working closer together.”
A cigalike pen more closely replicates the feel and look of a traditional cigarette. The devices fell out of favor as pod-style devices took over the market during the past few years, according to Better Retailing.
The disposable Elfbar Cigalike pen features a compact design with a diameter of 9mm.
The product also includes an upgraded coil, and is described as a “modern version of the original cigalike vapes with more power, longer lasting battery, and improved taste due to the nic salts and better coils,” according to Better Retailing. The range comes in 20 flavor varieties.
November 14, 2022
Judge Denies LG Chem Exploding Battery Lawsuit

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LG Chem has defeated a lawsuit in Ohio over an exploding e-cigarette battery after a federal judge ruled he has no jurisdiction to oversee the case, reports Law360.
Paul Straight sued the South Korean chemicals company after an e-cigarette purchased at a Vapor Station store in Ohio exploded and burned through his jeans and left thigh. He sustained second and third-degree burns to his thighs and left wrist and now limps as a result of his injuries, according to his lawsuit.
LG Chem maintained it did not authorize Vapor Station to sell single batteries. Rather, they were meant to be used in battery packs for power tools and other products. The company also argued it did not make, sell or distribute the batteries in Ohio.
The judge did not buy Straight’s assertion that the company’s other business in the state was enough for the judge to exercise specific jurisdiction.
“LG Chem in fact has established that it neither earned revenue from the sale or distribution of 18650 cells in Ohio nor advertised or solicited business in Ohio with respect to 18650 cells,” Judge James L. Graham of the Southern District of Ohio wrote.
The case is Paul Straight v. LG Chem Ltd. et al., case number 2:20-cv-06551.
November 12, 2022
Companies File Suit Against California Flavor Ban

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Vapor and other tobacco companies filed a lawsuit against California in federal court over the state’s ban on flavored products one day after voters backed the ban in a Nov. 8 referendum, reports the Courthouse News Service.
Though more than half the state’s ballots have yet to be counted, media outlets have declared that the referendum will pass. Unless a judge agrees to intervene, the ban is set to go into effect no later than Dec. 21, 2022.
In their suit, the companies argue that the Family Smoking Prevention and Tobacco Control Act (TCA) of 2009 allows states and municipalities to regulate tobacco products, but not to ban their use or sale.
“The ban falls under the TCA’s express preemption clause, ‘which preempts ‘any [state] requirement’ that is ‘different from, or in addition to,’ a federal requirement about a tobacco product standard,” the suit reads. “A flavor ban is a paradigmatic tobacco product standard.”
In 2020, California lawmakers passed a ban on all flavored nicotine products except hookah, loose leaf tobacco (for pipes) and premium cigars. Menthol products are also covered by the legislation.
Opponents of the ban collected more than 1 million signatures and forced the state to hold a referendum on the ban. Originally scheduled to take effect Jan. 1, 2021, the legislation was then suspended until the Nov. 8 vote.
Vapor and tobacco companies already sued California over the flavor ban in 2021. But a federal judge dismissed the case, telling the plaintiffs to wait for the voters to weigh in before suing.
November 11, 2022
Juul Labs Secures Funding, Plans to Lay Off 400 Staff

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Juul Labs Inc. said on Thursday that the company had secured an investment from some of its early investors that will keep the e-cigarette maker from filing bankruptcy.
The company will also undertake job cuts as part of a reorganization, according to Reuters.
Juul Labs also announced that it will lay off about 400 people and reduce its operating budget by 30 percent to 40 percent.
The company said the investment would help Juul run its business operations, while it goes ahead with its administrative appeal of the U.S. Food and Drug Administration’s marketing denial order related to Juul its e-cigarettes.
Juul Labs did not disclose the size of the investments.
November 10, 2022
Study: Evidence on Heat-not-Burn Products Lacking

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The quality of evidence available about heated tobacco products (HTPs) is substandard and policymakers should be wary of claims made about their role in harm reduction, say the authors of a new study published in Tobacco Control.
HTPs have gained popularity in recent years, with proponents insisting they are less harmful to health than conventional cigarettes. However, researchers at the University of Bath argue that the evidence underpinning these claims is largely unrepresentative of real-world use and at high-risk of bias.
In their analyses of 40 publicly available clinical trials for HTPs—29 of which were tobacco industry affiliated or funded—the researchers judged most of the available clinical trials “at high risk of bias” given their methodology and choice of study design.
The most common reason for studies being at high risk of bias was performance bias, whereby the interventions allocated were known to participants and those conducting tests. There was also failure to report all results data for all trial measurements, a shortcoming known as selective reporting bias.
The authors argue that presence of these biases compromises the validity of trials and can lead to overestimation of the effects of HTPs. They also identified further limitations within trials, including short durations, restrictive conditions unreflective of real-world circumstances, and a lack of relevant comparators, like e-cigarettes.
Bath’s Tobacco Control Research Group says much more detailed, independent research is needed to assess the short- and long-term health effects of HTPs.
In the meantime, they argue that consumers should be wary of harm reduction claims and that policymakers and regulators should carefully consider the usefulness of these trials when making decisions surrounding HTPs.
“Over recent years we have seen great expansion in the heated tobacco market in the U.K. and around the world. This growth has been predicated on a marketing claim that these products are better for health, in comparison with traditional cigarettes,” said lead researcher Sophie Braznell from Bath’s Department for Health.
“Our analysis suggests that the picture is far less clear-cut. The clinical trials available, which are used by the tobacco industry to substantiate these claims, were often substandard in terms of how studies were conducted and reported, and most were industry-affiliated in some way.
“As more consumers move away from cigarettes towards these new generation products, we need much better evidence to assess their health impacts now and into the future. In the meantime, the jury is very much still out on their benefits.”
“These findings in relation to clinical trials for heated tobacco products are significant and we need to be wary of health claims made,” added study co-author Gemma Taylor from the Addiction & Mental Health Group and Deparmtent of Psychology at the University of Bath.
“At the same time though, it is important to note the clear distinction between ‘heated tobacco products’ and ‘e-cigarettes.’ Consumers and health policymakers must not equate the potential benefits of e-cigarettes in helping people to quit smoking with heated tobacco products.”

November 10, 2022
Judge Orders Kentucky Sheriff to Return Delta-8

A federal judge in Kentucky has ordered a Laurel County sheriff to return hemp products and derivatives that were seized from a pair of stores. The judge found that the store owner is likely to succeed on his claims that they were unlawfully taken.
In an order filed last week, U.S. District Judge Claria Horn Boom said Joseph Bingham most likely has federal and state law on his side and his products were lawful, according to law360. She said Sheriff John Root must return what was seized in the February raid and is blocked from seizing similar products in the future.
According to the suit, Bingham operates two CBD stores and on and Feb. 25, Root and others from the Laurel County Sheriff’s Department raided those businesses and seized products containing delta-8 THC without a warrant.
While Root argued the products were in plain sight, Bingham alleged many of the products were in a back store room. There is also a dispute as to whether an employee at one of the stores consented to the search and seizure, according to the suit.
In the order, Judge Boom noted that the 2018 Farm Bill exempts hemp and its derivatives from the definition of cannabis that is listed in Schedule I of the Controlled Substances Act, and the Farm Bill specifically excludes THC in hemp and its derivatives, with courts finding that this depends on the delta-9 THC concentration.
November 10, 2022
HK Health Minister Open to Generational Tobacco Ban

Photo: Dmitry Rukhlenko
Hong Kong Health Minister Lo Chung-mau confirmed that banning tobacco sales for future generations will be on the table as a tool to further reduce youth smoking, according to the South China Morning Post.
Earlier news reports suggested authorities were considering a lifetime ban on anyone born in or after 2009 buying smoking products.
With a smoking prevalence of 9.5 percent in 2021, Hong Kong already has one of the world’s lowest smoking rates, but health authorities are keen to bring it down further still.
Lo said the government would look at the experience of other places in stopping young people from taking up the habit and move toward a “smoke-free Hong Kong.” New Zealand plans to phase out smoking through a generational tobacco ban and Malaysia is pondering similar measures.
Henry Tong Sau-chai, chairman of Hong Kong’s Council on Smoking and Health also suggested doubling the tobacco tax to encourage users to quit. This would mean a pack of cigarettes currently priced at HKD60 would rise to around HKD100.
Lo on Tuesday also said the government had also been pushing towards raising the tobacco tax, and tightening regulations on tobacco product advertisements.
Stepping up tobacco control was stipulated in Chief Executive John Lee Ka-chiu’s maiden policy address last month. He set a target to further reduce the smoking rate to 7.8 percent by 2025, and a public consultation will be launched next year on its steps.
Last year, the legislature also passed amendments to prohibit the import, promotion, manufacture, sale or the possession of alternative smoking products, including e-cigarettes, herbal cigarettes, or heated tobacco products.
November 10, 2022
Hyde Maker Files Suit Against FDA for PMTA Denials

The manufacturer of Hyde and Juno brand e-cigarettes is suing the U.S. Food and Drug Administration and the U.S. Department of Health and Human Services claiming the agencies violated the Administrative Procedure Act.
New York-based Magellan Technology accuses the agencies of refusing to review company’s premarket tobacco product applications (PMTAs) for 12 products, a process which has cost the company $1 million. Magellan claims the FDA “arbitrarily” and “capriciously” rejected the applications, according to law360.
“Magellan had already spent over $1 million on the PMTAs at the time the RTA [refuse-to-accept] order [was] issued and plans to spend over $10 million on the PMTAs in total,” the suit states.
Texas-based retailer Vapor Train 2 LLC is also a plaintiff in the suit. The companies asked a Texas federal court to temporarily stay the RTA order the FDA issued to Magellan, according to the lawsuit filed Thursday.
“FDA acted arbitrarily, capriciously, and otherwise not in accordance with applicable law in issuing the [refuse-to-accept] order,” the lawsuit states. “The agency invoked regulations governing [premarket tobacco product applications] acceptance that do not apply to Magellan’s [applications] and failed to consider timely amendments containing required content that Magellan properly submitted.”
According to the suit, applications for Magellan’s products were submitted to the FDA on May 12 and 13 by a third-party company based in China, Skyte Testing Services Guangdong Co. Ltd., before the May 14 deadline.
However leading up to the due date, the FDA made last-minute changes to what was required in an application, the suit claims. Specifically, on April 14, the agency used emergency powers to amend a document, Form 4057, which Magellan would need to include with its application.
An amended version of this form wasn’t posted on the government’s website for almost two weeks, additionally, the FDA didn’t announce the change until May 16, two days after the applications were due.
Magellan claims that at the time Skyte submitted the applications, the government’s website did not generate submission tracking numbers. Magellan claims didn’t learn those numbers until after the FDA issued its RTAs in October, according to the suit.
Without the numbers, Magellan was not able to properly submit amendments to its application, specifically a new Form 4057. Skyte tried to submit updated documents on Aug. 18, explaining in the summary page that these documents were meant to be included with its May submissions, according to the suit.
But the FDA later rejected these forms for not including the submission tracking number, the lawsuit claims. The agency specifically noted that “although you submitted additional submissions which may have been intended to amend your applications, [the submissions] did not specify the [tracking number] assigned to the original submission within FDA Form 4057,” according to the suit.
Magellan claims the omission was not its fault.
The FDA did not act “in accordance with law by failing to consider Magellan’s timely amendments submitted on Aug. 18, 2022, on the grounds that the amendments did not include or reference the submission tracking numbers assigned … when FDA itself failed to assign the original bundled applications corresponding submission tracking numbers,” the suit states.
November 10, 2022