Tag: e-cigarettes

Dutch Comment Period on Flavor Ban Closes Sept. 28

Credit: Michal Soukup
On Sept. 28, the Dutch government’s brief public consultation period for a potential ban of flavored vaping products comes to a close.
The new rule would ban all e-liquid flavors except tobacco and is scheduled to take effect Jan. 1, 2023. However, products already on the market by Dec. 31 can be sold until July 1, 2023.
The Dutch National Institute for Public Health and Environment (RIVM) and Ministry of Health have proposed a list of just 16 ingredients that would be allowed in legal tobacco-flavored e-liquids.
Numerous Dutch vaping industry advocates claim the ingredient restrictions will essentially put all e-liquid manufacturers in the Netherlands out of business.
Since the comment period is open to the public and Dutch e-cigarette advocates are asking for comments from consumers and interested supporters across the globe, even outside of the EU.
Previous efforts to ban flavored vapes in the Netherlands have failed.
September 24, 2022
Washington County, Oregon Flavor Ban Struck Down

Credit: Sang Hyun Cho
Washington County, Oregon’s flavored vaping and tobacco ban has been struck down by a judge who stated that counties in Oregon do not have the authority to enact such measures and that they must come from the state legislature.
On Monday, Circuit Judge Andrew Erwin issued his ruling, noting that while counties can regulate how sales of such products are made, they cannot bar them entirely.
This effectively brings an end to a ban passed by the county’s Board of Commissioners in November 2021 and approved by voters in May 2022 after a petition was filed to put the matter on the ballot.
The ban sought to prohibit the sale of flavored tobacco products and flavored synthetic nicotine, as well as prohibit price promotions, coupons and discounts.
In a written statement issued on Wednesday, the county said that it disagrees with the Court’s ruling and is considering options for an appeal.
Washington County is located directly west of Portland and has a population of around 600,000 people.
September 23, 2022
Hospitality Set Frets About ‘Generational Endgame’ Bill

Photo: sezerozger
Representatives of the hospitality business have asked the government of Malaysia to consider the impact of its proposed “generational endgame” (GEG) law on operations of food and beverage outlets in the country, reports the New Straits Times.
On Feb 17, Minister of Health Khairy Jamaluddin announced that Malaysia would introduce bold new legislation to ban smoking and vaping and possession of tobacco products and e-cigarettes for people born after 2005.
“We are supportive of the Health Ministry’s agenda in reducing the number of smokers in the country,” said Wong Teu Hoon, president of Malaysian Singapore Coffeeshop Proprietors’ General Association (MSCSPGA) “However, we strongly believe any new measures should be carefully evaluated when it has a socio-economic impact.”
The MSCSPGA, which has 43 affiliates under it, is one of the largest trader associations in the country, boasting a membership of 20,000 coffeeshop operators nationwide, and employing some 500,000 people.
Wong’s view was echoed by C. Krishnan, deputy president of the Malaysian Indian Restaurant Owners Association, who called for a detailed study and consultation with the retailers and other stakeholders.
Krishnan worries that the ministry has insufficient manpower to control and inspect every tobacco-based product purchase.
“Therefore, we (retailers) automatically become the frontliners in the implementation of the GEG bill,” he said. “Let’s not forget the issue of asking for identity cards. We are afraid that this will lead to arguments and unpleasant situations in our outlets, which any coffeeshop owner knows is bad for business.”
September 23, 2022
Myle Vape Says New Dubai Office Critical for Growth

Photo courtesy of Myle Vape
Myle Vape has opened an office and warehouse facility in Dubai to service its customers in the Middle East. The United Arab Emirates is one of Myle Vape’s most important markets in terms of brand loyalty and market share.
“This move has been in the works for some time and we could not be happier to announce this opening,” said Myle Vape co-founder and CEO Ariel Gorelik in a statement. “We have been operating from afar for too long, traveling back and forth from the USA multiple times a year, and it has become critical to the growth of our business that we made a serious move to building a major operations center in the UAE.”
Launched in 2015, Myle Vape manufactures disposables, pod systems, rechargeable devices and vape accessories that are distributed globally outside the United States.
September 23, 2022
FDA Launches Vaping Education Resource Center
The U.S. Food and Drug Administration’s Center for Tobacco Products (CTP) announced Today the launch of its Vaping Prevention and Education Resource Center.
The online resource center provides science-based, standards-mapped materials that teachers can use to help their students understand the negative effects associated with vaping and nicotine addiction.
“The new resource center features numerous age-appropriate, cross-curricular resources for teachers to promote learning and begin having open conversations with youth about vaping,” the FDA states in a release. “This effort is an extension of FDA’s prior work with Scholastic, a collaboration that has recently ended. The materials previously developed through this collaboration can be found in the resource center.”
In addition to content designed for teachers, CTP also developed materials for parents and teens. All content on the resource center is free, easy to navigate, and optimized for each audience, according to the release.
Teachers will find lesson plans, interactive tools, infographics, and videos with tobacco facts and tips about how to teach teens about the dangers of vaping.
Parents will find fact sheets, videos, and resources to help them understand and recognize vapes, talk with their children, and keep the conversation going over time.
Students will find real-life stories and relatable content to help them understand vaping, nicotine addiction, common myths about vapes, and how to say no to vaping.
The launch of the resource center illustrates FDA’s continued commitment to youth vaping prevention. We will be continuously updating the resource center with new materials, so check back often for the latest resources.
September 22, 2022
Nicaragua Bans Imports of E-Cigarette Products

Credit: Adaptice
In Nicaragua, the General Directorate of Customs Services issued the technical circular identified as CT/116/2022, informing the officials of the General Directorate of Customs Services and the public of the prohibition on the importation of electronic cigarettes and the obligation of importers and exporters of tobacco to register before the National Sanitary Regulation Authority.
The ban on electronic cigarettes entering the country is absolute, prohibiting the import, export, storage, distribution, marketing, and use of electronic nicotine delivery systems, electronic cigarettes, vaporizers, or other similar devices with or without nicotine, according to JD Supra.
The regulation prohibits the entry into the country of these products, even for personal use, by empowering customs officials to seize such products from travelers for subsequent delivery to the National Sanitary Regulation Authority (ANRS).
The rule also establishes that companies engaged in the manufacture, import, and export of tobacco products, including vaping products, and their derivatives in Nicaragua must register with the Health Regulation Directorate of the ANRS to carry out customs clearance of this type of merchandise under any customs regime.
Before this provision entered into force, the e-cigarette and vaporizer industry was unregulated.
September 21, 2022
Vuse’s U.S. Market Share Hits Double Digits Over Juul

It just keeps growing. In the latest Nielsen analysis of convenience-store data, the market-share gap between Vuse and Juul vaping products has stretched to a double-digit lead for Vuse.
The analysis, released Tuesday, covers the four-week period ending Sept. 10.
Vuse’s market share rose from 39 percent in the previous report to 39.7 percent, compared with Juul declining from 29.4 percent to 28.1 percent.
Vuse also has also now edged ahead of Juul in the year-over-year comparison at 32.9 percent to 32.7 percent, respectively. It’s the first time Vuse has led the year-over-year comparison.
According to Barclays, Nielsen largely covers the big chains. For the smaller chains, the group extrapolates trends, which is why trend changes don’t appear immediately in Nielsen, according to the Winston-Salem Journal.
The looming potential for an outright ban of Juul Labs’ e-cigarettes from U.S. retail shelves has accelerated the market-share gains of R.J. Reynolds Vapor Co.’s Vuse brand, according to reports.
Meanwhile, No. 3 NJoy dropped from 2.9 percent to 2.8 percent, while Fontem Ventures’ blu eCigs slipped from 1.6 percent to 1.4 percent.
Juul’s four-week dollar sales in the latest report have dropped from a 50.2 percent increase in the Aug. 10, 2019, report to a 17.7 percent decline in the latest report.
By comparison, Reynolds’ Vuse was up 41.4 percent in the latest report, while NJoy was down 5.6 percent and blu eCigs fell to 30.2 percent.
September 21, 2022
Juul Sues FDA for Failure to Disclose Documents

Credit: Insurance Journal
The battle between Juul Labs and the U.S. Food and Drug Administration continues to gain steam. The vapor manufacturer has now filed a lawsuit against the FDA over the agency’s refusal to disclose documents supporting its marekting denial order (MDO) that bans a company from selling e-cigarettes on the U.S. market.
In a complaint filed on Tuesday with a federal court in Washington, D.C., Juul Labs accused the FDA of invoking the “widely abused” deliberative process privilege to improperly withhold scientific materials that are “central” to understanding the basis for the June 23 issuance of the MDO, according to Reuters.
The company claims the materials would show whether the FDA conducted a legally required balancing of the public health benefits and risks of its products, including claims Juul e-cigarettes help smokers quit combustible cigarettes, and whether the agency’s reasoning was scientifically sound.
“The public deserves a complete picture of the scientific facts behind one of the agency’s most controversial and closely scrutinized decisions in recent years,” Juul Labs stated.
An FDA spokeswoman declined to comment, saying the agency does not discuss pending litigation.
Juul Labs accused the FDA of violating the federal Freedom of Information Act by withholding a majority of the “scientific disciplinary reviews” underlying the sales ban.
The company said it filed an administrative appeal of its MDO through the agency, but the FDA missed a Sept. 13 deadline to resolve it.
A federal appeals court temporarily stayed Juul’s MDO on June 24.
Earlier this month, Juul Labs settled youth marketing lawsuits with 33 states and Puerto Rico.
September 21, 2022
RLX Revenue Down as Firm Adjusts to New Rules

Photo: RLX Technology
RLX Technology reported net revenues of RMB2.23 billion ($333.5 million) for the second quarter of its fiscal year 2022, compared with RMB2.54 billion in the same period of 2021. Gross profit was RMB977.9 million, compared with RMB1.15 billion in the comparable 2021 period.
The company attributed the decrease in net revenues primarily to the suspension of store expansions and new product launches to comply with regulatory requirements.
Chinese authorities have recently moved the vapor business under the regulatory framework for tobacco products. E-cigarette manufacturers now require operating licenses from the State Tobacco Monopoly Administration, while vapor products must satisfy various standards and technical requirements before entering the market.
On June 10, 2022, one RLX Technology subsidiary obtained an STMA license to manufacture e-liquids. On July 22, 2022, another subsidiary was licensed to own the RELX brand and manufacture RELX branded e-vapor rechargeable devices, cartridge products and products sold in combination with e-vapor rechargeable devices and cartridge products.
“Over the past several months, we have made meaningful strides in adapting our business and product development to the new regulatory framework,” said Ying (Kate) Wang, co-founder, chairperson of the board of directors and CEO of RLX Technology, in a statement. “Specifically, we have obtained the License for Manufacturing Enterprise and received regulatory approvals for some of our new products, demonstrating our operational excellence and industry-leading R&D capabilities.”
“In light of the regulatory changes, we are off to a slow start of the sales of our new products that are compliant with the National Standards in the new transaction system mandated by the regulators,” said Chao Lu, chief financial officer of RLX Technology. “Despite the macro headwinds, we will continue to steadily focus on cost optimization while reinforce our product competitiveness under the new regulatory regime to create sustainable, long-term growth for our shareholders.”
September 21, 2022
Proposed South Africa Vape Tax Would Double Prices

The proposed excise duty on vaping products in South Africa should be imposed on all “actors” equally to ensure fair competition and an equal playing field for all participants, according to BAT South Africa. However, prices would rise, the company warned.
Speaking at a standing committee on finance, the tobacco giant represented by Dane Mouyis said that according to its own data, electronic vaping products account for less than 0.5 percent of the entire nicotine product market of South Africa, according to Business Tech.
However, there is an over-proportioned number of retailers that are creating their own vaping liquid.
Mouyis said that many people are “doing it themselves” importing a few litres of nicotine liquid only to turn it into many more vials of vape liquid – an excisable product.
Under National Treasury’s proposal, the average excise rate for e-cigarettes is proposed at R2.91 ($0.17) per millilitre and apportioned in a ratio of 70:30 between nicotine and non-nicotine elements.
To ensure that tax is gathered from this trade, Mouyis said that in collaboration with Oxford Economics, it was found that a rate of R1.45/ml should be the absolute upper limit of the duty.
The representative said that considering South Africa’s affordability, a 70 cents duty is more appropriate.
Asanda Gcoyi from the Vapour Products Association of South Africa, which represent both manufacturers and retailers, warned that the tax would drive price increases onto the consumer, and one could see the average price of vape products increase by 138% and e-liquid consumption drop by 36%.
BAT stressed that an aggressive excise tax would rush consumers away to an illicit market that would subsequently grow. Gcoyi echoed this sentiment.
The tobacco company proposed the following changes for vaping products in the country:
A registration system must be introduced with the excise for manufacturers and retailers – to open the market up to the South African Revenue Service (SARS). Gcoyi added that the proposed tax was problematic as the rationale behind it was flawed.
She said that the scientific basis of the tax is inaccurate in that the National Treasury sees the vaping industry as attempting to undermine global tobacco efforts – while many international studies have actually pointed to vaping as being a harm reduction practice dissimilar to traditional smoking.
She added that the goal of the excise is unclear as the Treasury has provided little detail on how it would be beneficial to public health, and not enough research has been concluded on youth uptake.
The introduction of the excise will have significant unintended and irrational consequences, one being that the proposed duty would make vaping more expensive than smoking and create an illicit trade – thus going against the doctrine of harm reduction, said Gcoyi.
The Vapour Products Association has since called on businesses to oppose the excise duty and for the Treasury to conduct further market research on the implications of its proposal.
September 20, 2022