Juul Labs on Friday said it is in the early stages of exploring several options including financing alternatives, as the company deals with lawsuits and a potential ban on sales of its e-cigarettes by U.S. health regulators.
Bloomberg News earlier reported, citing sources, that Juul’s bankers at Centerview Partners are sounding out investors for a possible $400 million first-lien term loan due August 2023.
The proceeds would help refinance an existing term loan, which has around $394 million outstanding and matures on the same date, the report added.
A spokesperson for Juul told Reuters that the company is looking at options to protect its business and to address the “impact of the FDA’s now stayed order so we can continue offering our products to adult consumers who have or are looking to transition away from traditional cigarettes.”
Bloomberg News in its report said Juul was also considering a new $150 million second-lien term loan, which may have an August 2024 maturity, to help pay down some of the first-lien term loan and to increase liquidity, the report said.
Financing proposals for either loan are due July 21, according to the report.
Last month, the Food and Drug Administration (FDA) blocked sales of Juul e-cigarettes and said the applications “lacked sufficient evidence” to show that sale of the products would be appropriate for public health.
The CB Control unit of the Mumbai Police on Thursday conducted simultaneous raids at 11 locations in Mumbai, arresting 12 e-cigarette vendors and seizing illegal vaping products contraband worth over Rs 14 lakh ($17,000).
According to CB Control officers, the raids were the culmination of an eight-day-long operation, during which information about people illegally selling e-cigarettes was collected and verified. E-cigarettes are banned for sale, purchase and use in India under the Prohibition of Electronic Cigarettes Act 2019.
Police also contacted an online vendor through a dummy customer and placed an order for 100 e-cigarettes, asking him to come to Nagpada with the goods. As soon as he showed up, the call went out and all the other markets were raided at the same time.
“We seized a total of 2030 e-cigarettes worth Rs 14.60 lakh, along with 963 boxes of scented tobacco and 53 bottles of refilling liquid. Three of the shops we raided were also selling e-cigarettes to minors when we conducted the raids. They were additionally charged Juvenile Justice (Care and Protection of Children) Act,” Patil said.
Authorities in Cambodia are stepping up their campaign against vaping throughout the country with students and youths as the main targets.
Cambodian law bans the sale, consumption and import of e-cigarettes. However, there is no information that could be found on any consequences for using or selling vaping products.
According to Khmer Times, no legal action can be taken against users or sellers but authorities hope to reverse the trend of vaping, if not stop it, by creating awareness of the ill effects of smoking an e-cigarette and educating users about “the folly of their ways.”
General Meas Vyrith, secretary-general of the National Authority for Combating Drugs (NACD) said, “most e-cigarettes contain nicotine. Nicotine is highly addictive and can harm adolescent brain development, which continues into the early to mid-20s. E-cigarettes contain harmful substances besides nicotine.”
Cambodian authorities cannot arrest anyone for e-cigarette use. Police can only advise underage users.
“We can however take action against people who sell e-cigarette devices on the sly. We are also studying ways we can use existing laws and regulations to stop this threat to public health,” he said yesterday.
The new FEELM Max line has the potential to make a significant difference if it’s given a chance.
By Mike Huml
In this second edition of our two-part series on FEELM, a subsidiary of Smoore International, the FEELM Max line introduces the first ceramic coil disposable device to the market. FEELM Max refers to an entire potential range of new disposables using FEELM technology, but this review will focus on the two primary designs. To keep things simple given these two products have not officially been named, they’ll be designated the Large and Small for the remainder of this review.
Keep in mind that what’s happening within these devices is the important part—aesthetics are important too, but FEELM ceramic coil technology can be incorporated into many different future designs.
That being said, let’s talk about the differences in shape and size between the Large and Small as the vape experience is, for all intents and purposes, identical. Obviously, the Large is larger than the Small. It’s longer by roughly a centimeter and about 50 percent wider in terms of diameter. The Large features a flat plastic mouthpiece while the Small makes use of a round silicone mouthpiece that allows for biting and hands-free vaping.
Both devices are cylindrical with an anodized aluminum body that’s resistant to fingerprints. Overall, the Large is comparable to a short cigar and the Small is just small enough to be handled like an analog cigarette. The Large would be better suited to a vaper looking to maximize their puff count, and the Small would be more appealing to those who prioritize the familiar hand feel of a traditional cigarette.
In terms of auxiliary features, neither the Large nor the Small have any. Being disposable devices, adjustable airflow, adjustable juice flow and the ability to refill and recharge are nonexistent. There is also no manual switch, and both devices are 100 percent draw activated, and the tips illuminate white when a draw is taken. That isn’t to say that extravagant features are needed here. The fact that disposable devices such as the FEELM Max line represent the fastest-growing segment of the vapor market should say something about the convenience factor of being able to remove a vapor device from the packaging and begin using it immediately.
What really sets FEELM Max apart from other disposable devices is the overall vape quality and consistency. Each puff is exactly the same from start to finish, and the flavor is very clean without any residual taste from machine oils, imperfect coil construction or inadequate wicking. Disposables have historically been synonymous with low quality, but that isn’t the case for FEELM Max. These devices can hold their own against any mouth-to-lung device available, and that includes rebuildables.
While the customization factor is naturally nowhere to be found, the vast majority of nicotine users want something that they can pick up in a store as they would a pack of cigarettes and begin using right away without any fuss. Many people have been turned off from e-cigarettes over the years simply because the best vapes were too complicated and the most convenient vapes suffered from too many drawbacks. The FEELM Max line puts punctuation on many years of refinement for disposable devices.
There are several factors contributing to the outstanding vape quality of the FEELM Max, the first being the ceramic heating element. Known colloquially as the “coil,” this ceramic heating element is rough and porous, which yields an enormous amount of surface area in a small package. More surface area translates into smaller aerosolized particles that are smoother on the throat and more quickly absorbed into the lungs.
Satisfying the nicotine craving more quickly is always a good thing, but the benefits of ceramic heating elements don’t end there. A larger surface area means that heat isn’t concentrated at a single point and is instead spread out for more uniform heating. This produces a more consistent vape experience and eliminates potential hotspots and burning.
The FEELM Max takes it one step further and features “terraced” temperature that accentuates certain flavors at different points. This means that each type of flavor profile (menthol, fruit, etc.) performs differently at different temperatures. FEELM’s Flavor-Lock technology incorporates heating elements with separate zones of temperature so that each flavor can be experienced optimally. To put it in layman’s terms, the flavor is crisper and more consistent with FEELM heating elements compared to traditional coils, especially those found in most other disposables.
FEELM ceramic coils also increase efficiency. Each puff consumes less e-liquid while at the same time producing an equivalent amount of or more vapor. Along with an efficient battery, this means that when compared to any other disposable of equal size using traditional coils, the FEELM Max will flat-out last longer. As is clearly demonstrated by the Large and Small, this increased level of efficiency can be incorporated into smaller devices to make them more viable and convenient or into a normal-sized device to boost the lifespan.
The Large will last for a full day with extremely heavy use, three to five days for the average user, and upward of a week for light users. Surprisingly, the Small isn’t far behind with an approximately 25 percent shorter lifespan compared to the Large. The average user can expect at least a full day’s use out of the Small and likely more than that, which is impressive for a device smaller than the original eGo. Remember, it wasn’t that long ago that a battery the average size of a cigarette couldn’t last more than an hour or two of consistent use.
Surface area is also the best way to increase vapor production, and the FEELM Max line produces the perfect amount of satisfying vapor. More than that, the vapor is easily produced, which can’t be said for so many other disposable devices. Often, disposables can be anemic in terms of vapor production and harsh on the throat for an assortment of reasons.
With the FEELM Max, a comfortable drag will produce vapor nearly instantly with satisfying volume. There’s no fighting with the device whatsoever, and the importance of this point can’t be overstated. Many potential vapers have given up on vaping after a short time simply because they can’t be bothered. Cigarettes are easy, familiar and don’t require prior knowledge to get them to work correctly. Having easy access to a device that’s actually easier to use than a cigarette and that performs so well right out of the box could very well be a game changer.
Airflow is also a huge factor with any device when it comes to flavor, vapor production and throat hit. Too much airflow and the flavor becomes diluted and the draw is uncomfortable. Too little airflow and the throat hit becomes too harsh, and the risk of spitback increases. Not only does the FEELM Max line have the perfect amount of airflow but also the perfect airflow feel.
The term “turbulence” is often used to describe how the airflow feels, and a turbulent airflow path leads to a “scratchy” sensation when vaping. The level of turbulence experienced with the FEELM Max is minimal. It’s smooth and nearly silent, contributing significantly to that easy and relaxed overall vape experience.
When it comes to vaping, it’s always been a double-edged sword. There is a level of patience required that many people are unwilling or unable to devote to vaping. The more you learn about different devices, features, etc., the more likely you are to enjoy vaping since it’s easier to make informed choices and develop a genuine interest. The level of patience needed has been receding over time, but it’s understandable that many people aren’t looking for a new hobby.
The enthusiast vaper will gladly ensure that the mod is held upright at all times, that at least 120 mL of juice is on hand 24/7 and that two extra batteries are securely stowed in the overhead compartment. It’s a constant struggle of worrying about juice running out, batteries dying, tanks leaking and even pants falling down because the mod is too heavy for the pocket. But the performance is worth it.
Not to mention that toward the beginning of the cloud-chasing era, vaping in public was largely greeted with curiosity and wonder rather than scorn when done with an ounce of common sense and decency. However, it wasn’t unjustified. Disposables and even pod systems just didn’t hit the spot like the good stuff, so that’s what it took to stave off the cigarettes for good for many vapers.
The popularity of vaping is now hitting a fever pitch—the easy and convenient devices such as disposables can be just as good as hobbyist-level devices. That in itself will retain new adopters, but even for longtime vapers there can be a sense of relief knowing that when the occasion calls for it, they can take a disposable out for the day and enjoy vaping without having to worry about anything.
That’s really the key to the popularity of pod systems and disposables. There is a certain point that varies for every person where the value of convenience outweighs the promise of performance rather than vice versa. As disposables continue to be improved, innovated and refined, more and more people will find themselves switching off of analogs because they like vaping better than smoking and not necessarily because they’re trying to quit.
Convenience plays an enormous role in the switch from smoking to vaping; there’s likely an alarming number of people who gave up on e-cigarettes because their first starter kit didn’t work correctly, and when the cravings kicked in, it was easier to pick up a pack of smokes. Disposables have been neglected for too long, and for the sake of harm reduction and public health, it’s about time a manufacturer like Smoore gave them the attention they deserve.
The FEELM Max finally bridges the gap between quality and convenience. All the improvements are clearly more than the sum of their parts and don’t necessarily require detailed explanation for the target market. The end result is a worthy vape experience that anybody can pick up, even with no patience or time investment. There’s no airflow ring to fiddle with. There’s no button that powers or fires the device. There’re no graphs or meters or temperature settings. It’s a tube to puff on until it stops puffing.
It works like a cigarette that you don’t have to light. Spitback? Dry hits? Those are antiquated inconveniences—words of a time past. It really gets no simpler, and the FEELM Max satisfies the cigarette craving consistently.
For experienced vapers, there’s no longer a reason to sacrifice performance for convenience. The hobby aspect of vaping will always be there, but now the choice to put it down every now and again is real. Instead of putting up with a cheap disposable while pining for the Kayfun, either can be used without sacrifice, and rebuilding can be done when it’s wanted instead of when it’s needed.
The FEELM Max line has the potential to make a significant difference if it’s given a chance. Disposables have developed a bad reputation and mostly for good reason up until now. This isn’t a “fool me once” situation. This is the fruit of nearly two decades of labor. Many people put everything on the line for vaping and harm reduction so that one day, anybody can easily switch away from smoking by choosing the colorful tubes at the gas station instead of the small stinky ones.
No matter which design, Smoore has something special with the FEELM Max line. It may not look like much, but the trick is to not think about it and just enjoy it. It may feel like a betrayal to lay praise upon a disposable with seemingly nothing to it, but it’s easy to forget that this was always the endgame. Modding, rebuilding, DIY—the impetus for these things was the need to push vaping to be as good or better than smoking. The quality and simplicity of the FEELM Max has reached that point. From here, it’s just diminishing returns.
The Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office ruled to uphold the validity of a VPR Brands patent that is considered one of the first patents for modern electronic nicotine-delivery system (ENDS) products.
The PTAB denied the appeal filed by Jupiter Research (case No. IPR2022-0029) that was seeking to invalidate the VPR’s U.S. Patent number 8,205,622 B2. The decision of the PTAB is not appealable.
The VPR patent dates to 2009 and includes independent claims covering electronic cigarette products containing an electric airflow sensor, including a sensor comprised of a diaphragm microphone, according to a press release.
The sensor turns the battery on and off, and covers most auto-draw, button-less e-cigarettes, cig-a-likes, pod devices and vaporizers using an airflow sensor rather than a button.
The PTAB’s decision denying institution clears the way for VPR’s infringement litigation against Jupiter pending in the District of Arizona to proceed. Claim construction in that pending suit has already been completed. While some discovery still remains, the case should proceed to pre-trial motions this year, according to the release.
VPR Brands along with its representation, SRIPLAW, has started to identify and notify over 50 of the leading companies using the auto-draw technology and VPR Brands intends to vigorously enforce its patent.
“These companies were prioritized, based on sales volume and popularity. Most recently VPR Brands LP and its legal team, headed by Joel B Rothman of SRIPLAW, have filed litigation against nine of the companies,” the release states. “Additional lawsuits will continue to be filed as necessary to protect the company’s intellectual property rights.”
A majority of the vaping devices sold in the U.S. now utilize an auto-draw/button-less technology. The company is investigating all button-less vape devices within the nicotine, CBD and cannabis space that initiate vaporization from the user’s airflow inhalation as those types of products would be suspect of infringement.
The company may also seek a buyer for this patent in the future. In August 2013, Imperial Tobacco Group (now ITG Brands) purchased the intellectual property behind the Ruyan e-cigarette, often considered the first modern ENDS product, for $75 million.
The U.S. Food and Drug Administration on July 13 sent its first warning letters to manufacturers for unlawfully marketing non-tobacco nicotine e-liquid products without the required authorization.
In March, President Joe Biden signed into law a spending bill [the Act] that gives the FDA authority over synthetic nicotine. The provision took effect in April and gave manufacturers until May 14, 2022, to submit premarket tobacco product applications (PMTAs) to the FDA.
Since no authorizations have been granted as of today, many industry experts question whether the FDA will use its enforcement discretion to continue reviewing PMTAs.
In a recent op-ed, Tony Abboud, president for Strategic Government Solutions, and executive director of the Vapor Technology Association (VTA), stated that the FDA should use its enforcement discretion for synthetic products that have submitted PMTAs.
“In a series of direct engagements with FDA since the passage, the VTA has provided a complete set of scientific and policy justifications for synthetic nicotine products, and specific recommendations on how FDA should use its enforcement discretion – just as it has in the past – to allow synthetic nicotine products to remain on the market during the PMTA review process,” explained Abboud.
The recipients of the FDA’s first warnings letters, AZ Swagg Sauce and Electric Smoke Vapor House, have listed a combined total of approximately 10,000 products with FDA. Neither company submitted a premarket application for its non-tobacco nicotine products by the deadline, according to the FDA.
In addition, the FDA issued 107 warning letters to retailers in the last two weeks for illegally selling non-tobacco nicotine products, including certain e-cigarette or e-liquid products, to underage purchasers.
“FDA has been fully committed to actively implementing this critical new law regulating non-tobacco nicotine products since its passage, and the warning letters announced today are just the beginning of our compliance and enforcement actions” said Brian King, director of the FDA’s Center for Tobacco Products, in a statement. “In the coming weeks, we will continue to investigate companies that may be marketing, selling, or distributing non-tobacco nicotine products illegally and will pursue action, as appropriate.”
The FDA says it is currently processing applications for approximately 1 million non-tobacco nicotine products submitted by more than 200 manufacturers by the May 14, 2022, deadline.
“FDA is working diligently to process the substantial number of applications submitted and, as always, will make marketing decisions based on the best available science and will pursue compliance and enforcement actions when warranted,” said King. “We remain fully committed to taking whatever steps are necessary to protect the public health and to provide timely updates on our ongoing progress regulating non-tobacco nicotine products.”
American Vapor Manufacturers (AVM) president Amanda Wheeler is asking the U.S. Department of Health and Human Services Inspector General (OIG) to launch an inquiry into whether “political pressure” is driving U.S. Food and Drug Administration Commissioner Robert Califf’s marketing denials for vaping products.
AVM wants the OIG to help the public learn about the commissioner’s coordination with elected officials, allied activists, and reporters as his agency continues its review of premarket tobacco product applications (PMTA), according to a press note.
“I am asking the Inspector General to intervene,” said Wheeler. “The PMTA process is rigged. Arbitrary standards rewritten behind closed doors corrupt any effective review. It’s embarrassing for the commissioner, but one U.S. senator’s call for his resignation was enough for Dr. Califf to override the standards set for the PMTA process. We are confident that OIG intervention will reveal what we have feared all along, ideology, not science, is driving decisions at the FDA.”
In a letter sent to HHS Inspector General Christi A. Grimm requesting an inquiry into “improper political pressure,” Wheeler contends that “interference has corrupted FDA’s statutory obligation to properly implement its premarket tobacco product application (PMTA) review process based solely on scientific, empirically-based judgment.”
Amanda Wheeler
A timeline of suspect events shows Califf’s decision to deny a marketing order for Juul Labs, Inc. came within hours of a U.S. senator calling for the commissioner’s resignation. Within days, a federal judge blocked the FDA from implementing its order, forcing the agency to re-open its review of the JUUL application.
The FDA backtracked on its decision, claiming there were “scientific issues unique to the Juul application that warrant additional review.” An OIG inquiry can show the public how the commissioner and his staff were forced into their decision by political pressure while ignoring salient facts.
“Manufacturers are routinely meeting the PMTA requirements to scientifically demonstrate how their products are appropriate for the protection of public health,” Wheeler said. “Despite compliance, the agency isn’t approving the vape products sought by adults who want to quit smoking. The OIG should open the door and hold the FDA accountable to its standards.”
Wheeler is requesting a full review to affirm the FDA’s assertion that the administrative stay was based on incomplete information. The agency is also thwarting Freedom of Information Act requests, so the OIG has an opportunity to create a new level of transparency.
Wheeler is requesting the OIG make public communication between the commissioner and members of Congress, the media, and ideologically aligned advocacy organizations.
The old format of gathering thousands of people together at a vape convention is changing.
By Norm Bour
For 18 months while Covid-19 was shutting down borders, the vape industry event space was a ghost town. Between not wanting to travel and the inconvenience, everyone was hunkering down and waiting for the pandemic to end. Even though the pandemic has not ended in any official capacity, the events industry has roared back with a vengeance.
Nevertheless, it looks different than before.
There are few, if any, large vape conventions in vapor-filled convention halls, and it’s rare to find “vape only” meetings since all the different components—vape, CBD, hemp and alternatives—have all melded together.
Alongside traditional large-scale trade shows, there has also been a movement toward more intimate events, and along with SSE and smoke shop events comes the Counter Culture Convention (C3), which recently held two shows in Cancun, Mexico.
The founder of C3, Michael Wittenberg, is no stranger to the events space since he has been doing them for nearly two decades, nor is he new to vaping. In years past, he ran National Vape Expos (NVE) at locations throughout the eastern U.S. But doing international vape events is new to him even though there have been typical booth shows in Colombia, Mexico and throughout Europe.
However, that’s just one of the differentiators.
The other is that this new version is not a booth show but instead it’s formatted as a one-on-one meeting behind closed doors, designed for networking, intimacy and fun.
“After running NVE for many years, and then being shut down by Covid, I knew I wanted to do something different than before,” Wittenberg said. “I loved the one-on-one meetings format, so we launched that model in Cancun, Mexico, earlier this year. That proved to be a great success, so we duplicated it again in April and [will] have the next one in the Dominican Republic.”
The C3 website bills its events as “everything you love about conventions or trade shows;” however, the “hustle and bustle” of the show floor is removed. The VIP events instead highlight and amplify the personalized introductions.
“Our attendees represent the most influential thought leaders, innovators and trendsetters that Counter Culture has to offer, from cannabis and vape leaders all the way to the cutting-edge products and trends of the future,” the site states. “Our mission is to create an environment in which the only thing on our buyers’ minds is how they can find more value for their businesses. These buyers represent the cream of the crop—the leaders in the counterculture space who help facilitate and drive the various industries [that] are helping define our popular culture.”
The events likely won’t be held in the U.S., according to Wittenberg. He says that finding all-inclusive resorts is not that easy in the U.S., and they’re expensive. “When you go to exotic locations in Mexico, the [Dominican Republic] or other Caribbean countries, the all-inclusive-style resorts are everywhere,” Wittenberg explains. “Plus, the advantage of having everything on-site keeps our gathering intimate; there is no need to go anywhere. We even have our own in-house travel agent with decades of experience and connections, so we do our homework.
“When we launched our first NVE in 2015, we intentionally did not want to have it at a boring convention center or hotel. Instead, we picked Foxwoods Resort Casino in Connecticut, which was near to us, and later, we moved the event to the Mohegan Casino and Resort. After that, we duplicated the event in Alabama, and the results were terrific.”
Credit: Vepar5
Wittenberg said that he also rented the largest suites at his convention show, not because of vanity but because it encouraged networking.
“I always invited the attendees up to our room, which they [accepted] and many times brought their customers or vendors with them. That worked well until the end of 2019,” he said.
Until Covid-19 came along, which changed everything.
“Everything is different now, and vape, CBD, hemp and alternative[s] all run together. Before, you’d have just a vape show or just a hemp show, but now we have vape and smoke shops that carry a variety of crossover products,” he says. “[There’s] something for everyone.”
The terms “counterculture” or “alternative” are more mainstream than ever, which makes sense since hemp has become legal in many jurisdictions. Medical cannabis is legal in two-thirds of states, and recreational use is legal in almost half the U.S. Legal or not, the negative stigma cannabis once carried is mostly in the past.
While cannabis is gaining acceptance, vaping faces increasing pressure. The U.S. Food and Drug Administration’s premarket tobacco product application process has proven to be a significant, costly hurdle to many vapor businesses. It’s almost ironic that CBD and marijuana face less pressure than nicotine vapes.
The industry continues to accommodate regulations along with the needs of the public and the vaping space.
“In our industry, we’ve learned to be resilient, which makes sense since so many of us are radicals and rule breakers,” Wittenberg said. “In other [industries] under such attack, most entrepreneurs would have quit a long time ago. But so many of our peers have fought demons worse than government intervention, so they tend to stick it out regardless of the pressure. Plus, a lot of our people don’t really have anything else. They put all their efforts into vape and don’t have a Plan B.”
C3 brings together 30 buyers and 30 vendors and has them rotate through 30-minute meetings. If that time is too short, they can meet over a meal or drinks at night. They check in on Monday, leave on Friday, and the costs to run the event are borne by the vendors; the buyers’ costs are paid. And they do their best to screen the buyers to make sure they are who they say they are, and they now have a waiting list of candidates that wish to attend. Wittenberg calls his concept “luxury business networking.”
When specifically asked about any challenges C3 had doing events like this in Mexico, which has a long, sorted history and relationship with drug culture, the answer was somewhat complicated. Cannabis is technically illegal without a permit in the country, but you can be sure that attendees brought their own products into the country.
“They pretty much turned a blind eye,” Wittenberg said. “Our people kept things on the down-low. After Covid, the hospitality market had a long dry spell, and they were looking for (paying) bodies more than they normally would need to. That worked in our favor.” Times change. People change. Vape lounges, cloud comps, events with 20,000 attendees—they are all memories of the past. Now it seems like the right time to reinvent the industry. C3 is stepping up to help make those changes in an industry that always seems to be changing.
Norm Bour is the founder of VapeMentors and works with vape businesses worldwide. He can be reached at norm@VapeMentors.com.
A relatively new market for legal vapor products, the Middle East is beginning to embrace tobacco harm reduction.
By Timothy S. Donahue
According to World Bank estimates, the Middle East and North Africa (MENA) market has seen a steady decline in tobacco consumption since 2000, with 23.3 percent of adults using the products in 2000, 20.8 percent in 2010, and 19.2 percent in 2020. Many industry experts attribute this decline to the region’s growing acceptance of vapor products.
E-cigarettes were banned in Qatar in 2012 and then three years later in Oman but legalized in Bahrain and Kuwait in 2016; however, neither country immediately adopted manufacturing standards or a taxation structure. Then, in April 2019, the United Arab Emirates (UAE) Authority for Standardization and Metrology (ESMA) approved standards for the nicotine-based e-cigarettes. It was the first country to develop standards for the products in the region.
Before 2019, e-cigarettes were illegal in the UAE, and use of the products was growing rapidly in an unregulated market. This worried UAE regulators who wanted to curb combustible tobacco use, limit youth initiation and check a thriving vapor market.
The goal of e-cigarette regulations in the UAE was to offer nicotine consumers less risky alternatives to combustible products. The standards set by ESMA were designed to regulate all nicotine components used in vaping products, including technical specifications, ingredients, imports, packaging and labeling requirements in the UAE as well as a corresponding fiscal and tax structure.
After the success of the World Vape Show (WVS) Dubai in 2021, the first e-cigarette trade show in the region, the number of companies legally producing vapor products in the UAE has grown tremendously. During their 2022 conference, held June 16–18, WVS representatives said that they welcomed 50 percent more visitors than in 2021.
During a seminar session that focused on the growth of the Middle East markets, several speakers said that the UAE and its regulatory outlook has become a blueprint for other Middle East markets such as Saudi Arabia, Kuwait, Jordan and Egypt. In 2021, Saudi Arabia announced new regulations for e-cigarettes similar to the UAE (which in turn are similar to Europe’s Tobacco Products Directive).
In April of this year, Relx International, a major China-based vaping manufacturer, commended Egyptian authorities for their decision to allow the legal import and commercialization of vaping products in the country. Like Saudi Arabia, Egypt’s proposed regulations for vaping products are nearly identical to the UAE’s.
Rebecca Haining, head of external affairs for BAT’s Middle East, South Asia and North Africa markets, said that the UAE should be applauded for being the first Middle Eastern country to enact regulations. She noted that in 2019, the UAE had approximately 15,000 vapers. In 2020, that number had grown to 60,000 vapers. Today, that number is an estimated 70,000.
“They paved the way for the regulations in Saudi Arabia … I think what [the UAE] has done in this area is very important … getting the industry together to talk about what are the possible solutions. The UAE moved very quickly to institute a range of regulations and standards that now give the manufacturers certainty and give consumers some certainty around the safety and the quality of the products,” said Haining. “That’s very important, and I think it’s a job very well done.”
By lifting the ban on e-cigarette products, UAE authorities have allowed for the growth of new businesses and investment opportunities in the region. Experts say the move will bolster existing businesses that sell such products and will attract entrepreneurs. According to Arabian Business, the vaping and e-cigarette market in the MENA region is expected to grow by 9.74 percent annually to reach $485 million by 2025, up from $267.9 million in 2018, the year before UAE regulations were enacted. By comparison, the U.S. vaping market is expected to grow to $40.25 billion by 2028.
Omar Abdellatif, general manager for Philip Morris Management Services Middle East Limited, told WVS attendees that the increase of exhibitors at this year’s show, compared to 2021, reflects how many new businesses are serving the UAE market. He said the show is also an example of how the market has changed as innovation has flourished since legalization.
“Look at the evolution that has happened here in the UAE in just over one year. I think the last time you were probably sitting here [at WVS 2021] … it was a lot more about the tanks and closed pod systems; a lot more about the traditional side of vaping,” he said. “But you’ve seen what’s come up very quickly. Disposables, once they became legalized, have taken the market by a storm. And I think this is what we continue to expect. We’ll start to see these innovations.”
Some studies suggest that e-cigarettes may be gradually replacing the use of shisha products. In a joint investigation with the American University of Beirut, the Tobacco Free Initiative found that an estimated 40 percent of young adults in Lebanon are now using vaping devices instead of hookah tobacco. One speaker during the WVS said that the opportunity for e-cigarettes to replace cigarette use, and to a lesser extent hookah, “represents a considerable shift in the culture of tobacco consumption in the Middle East.”
Fadi Maaytah, CEO of Alternative Nicotine Delivery Solutions, said during the WVS that to continue the trend of moving combustible tobacco users toward less risky alternatives in the MENA region will require innovation. He said that innovation, however, should not attract new consumers but instead protect consumers looking to stop traditional smoking by bringing high-quality products to market.
“It’s not for ex-smokers. It’s not for nonsmokers. It is for smokers trying to quit. Today, the development and the flow of product that’s coming to the market, it’s coming with a lot of innovation, but the risk point here is that it might attract the wrong audiences, and this is what we see more often happening,” said Maaytah. “This is why [the industry] needs more of a collaboration between the industry and the regulators to work together and push the industry in the right direction.”
From a manufacturing perspective, positive industry innovation can only be achieved through product standards that are abided by all participants in the market, according to Haining. She said that standards are not only important for the safety and quality of products for consumers but also—if products comply with the standards—they’re less likely to have youth appeal.
“That’s part of the reason we have the standards. Secondly, from a manufacturer perspective, it’s around marketing freedoms and marketing regulations … making sure that all players in the market are marketing responsibly and not targeting youth and [are] discouraging youth uptake of these products,” she said. “If I look at an ideal situation, from a regulatory perspective, it would be regulation and excise frameworks, in general, that are proportionate to the risk [of e-cigarettes compared to combustible] cigarettes. There needs to be a wider berth between cigarettes and potentially reduced-risk products when it comes to regulations, standards, marketing freedoms and excise frameworks.”
The E-Cig Summit 2022 in Washington, D.C., confirms that vaping has lost in the court of mass media.
By Monica Schick
The E-Cig Summit operates under the premise of bringing stakeholders and public health science together with regulators to discuss strategies, as demonstrated by its mission statement: “The E-Cigarette Summit has a single aim of facilitating respectful dialogue and thoughtful analysis of the latest evidence and an opportunity to explore how this should be interpreted to deliver the most effective public health and regulatory strategies.”
The E-Cig Summit 2022 was focused on current use patterns, youth usage, regulatory control and the available science. Public health representatives and stakeholders had an opportunity to air grievances and discuss solutions in panel discussions. Two major themes that emerged during the summit from both stakeholders and public health representatives alike were the deafening silence of the regulators and the miscommunication being presented to the public.
Monica Schick
In the past two years, we have seen the window closing for flavored vapor products in the U.S., with an even larger global concern voiced by the World Health Organization. With marketing denial orders issued by the U.S. Food and Drug Administration shutting down over 75 percent of the industry, the burden of the Prevent All Cigarette Trafficking (PACT) Act and now the Omnibus Bill placing regulatory control over synthetic nicotine under the FDA, there is little to no legal market left for flavored vapor products.
Marc Sils, owner of 906 Vapor in Michigan, shared his perspective from the view of the vapor shop owner. He reiterated that vaping products were designed to help the current adult smoker quit combustibles. He expressed his frustration with the overreach of FDA regulators and the millions of smokers that will be left behind if the FDA continues its warpath of overregulation.
Jeff Lynch, facilitator of prevention and intervention education at CHOICES Prevention programs, which aim to keep kids from vaping, posed a scenario of explaining harm reduction to adolescents: “What do you do if [your] parent is a smoker; is it better for them to vape or [to] smoke combustible cigarettes?” The answer to his question was to just reiterate the message that “for the parent, I would probably recommend they go look at data.”
The problem with his response is that it only leads to the slew of misinformation available online. “What data is out there?” a parent may ask. “The only data I see is vaping is harmful.” If you Google “adult vaping,” you get a plenty of campaigns stating the harm of vaping and only a few statements on the “potential benefits” from regulators.
This bates the question, what data is being presented to the public that the public can review and trust? Lynch also speaks on his funding and how the money provided to him through a grant qualifies him to speak only about youth usage. It is not surprising to hear these types of responses coming from public health officials. He is essentially bound by his funding to comment only on one side of the narrative—the prevention of youth usage and not the benefits to current adult smokers.
Nancy Rigotti, director of the Tobacco Research and Treatment Center at Harvard Medical School, brought a clinician’s perspective on harm reduction, stating her disclosures not from the tobacco or vapor industries but from a pharmaceutical company to investigate a smoking cessation medication. In her speech, she discusses a study, “Communication Between U.S. Physicians and Patients,” regarding e-cigarettes and that only 22 percent of physicians had ever recommended an e-cigarette and most likely only to older, heavier smokers.
In that study, the data also showed that “approximately one in four physicians communicated that e-cigarettes were harmful and [the physicians] discouraged use; this communication was significantly more likely with the younger, light[er] smoker than the older, heavier smoker.” Rigotti’s commentary further demonstrated how even the medical community is falling victim to the prolific amount of misinformed media messaging regarding vaping.
With the current messaging that nicotine is detrimental to growing brains, as brought up by opponents of vapor products, it was interesting to hear Peter Hajek, professor of clinical psychology at the Wolfson Institute of Population Health at Queen Mary University, speak on the effects of nicotine usage on the brain. In his presentation, he detailed current studies that showed that the age of initial consumption of nicotine does not make much of a difference in dependency and seems to show no effect on IQ.
If this is the case, why is the public being shown worms buried under the skin and numerous other images that are grotesque and are a completely inappropriate representation of the risks of vaping? Clive Bates from The Counterfactual did not hold back when confonting this type of messaging in his presentation during the E-Cig Summit 2022.
Matthew Holman, director of the FDA’s Center for Tobacco Products’ Office of Science, discussed the premarket tobacco product application (PMTA) process and explained that out of the 8,094,108 PMTAs received, 21 have been granted a marketing order. All those products contain only tobacco flavors and are manufactured by larger tobacco companies.
During the Q&A session, Holman was asked about the miscommunication by the FDA. Holman held his ground, saying that the FDA is doing its best to communicate the message but that it is very nuanced. He responded that with more engagement with stakeholders, hopefully both parties can agree on messaging because the public is confused.
The most jarring session was one where Bates, Holman and Sils were brought together for an open conversation. During this session, Holman noted that people would not believe him if he told them that vaping is less harmful than smoking. Given Holman’s professional position, this is a shocking and foreboding statement that shows just how far the negative narrative has gone and the extent of the struggle it would take to change the public’s perception of vaping.
Sils commented that the regulatory overreach was killing the vapor space, to which Holman replied that he was not responsible for the government decision to regulate vaping. “Go down the hill here to the Capitol because they wrote the law,” Holman said. “We have jurisdiction over the product[s] that Congress gave us jurisdiction over, [and] we just got jurisdiction over synthetic nicotine. We didn’t choose that. Congress wrote a law, and now we’re responsible for implementing it.”
In response to Holman’s comment, Bates said the FDA did have choices on how to regulate and therefore was still responsible for the overreach. Obviously, this is not an issue that can be solved at the E-Cig Summit; it has been unsolvable for the better part of a decade.
The current reality is that vaping has lost in the court of mass media. The public health advocates that showed up to the E-Cig Summit and joined the conversation seemed optimistic about the possibility that vaping can be a less harmful alternative to smoking, but it is also painfully clear that, for many in the public health community, the risk that a child might at some point start vaping—even if that vaping would be in place of smoking—will continue to weigh more heavily than the chance that an adult smoker will give up his deadly addiction to traditional cigarettes through vaping.
“Is it ever right to exaggerate risks to get the behavior change you want?” Bates asked. “Is it OK to imply, by omission or commission, that vaping is as harmful as smoking just because you want to deter young people from using these products? [What are] the ethics of doing that—misleading people to get behavior change?”
Until public health can put the needs of current smokers and the importance of options for adults at the forefront of the conversation, we will continue to see a war on vaping with a bleak outlook for the current smokers who desperately want to quit and would benefit the most from these products being available on the market.
Monica Schick is secretary of the board at the Smoke-Free Alternatives Trade Association.
