Tag: e-cigarettes

  • R. J. Reynolds Challenges Philip Morris Vapor Patent

    R. J. Reynolds Challenges Philip Morris Vapor Patent

    Image: USPTO

    R.J. Reynolds Vapor Co. (RJRV) has petitioned the U.S. Patent and Trademark Office for a review of six claims relating to the basic functionality of e-cigarettes in a patent assigned to Philip Morris Products, reports Law Street Media.

    RJRV argues that the patent describes an approach that dates from 1990 and has “become accepted in view of its comparatively easy technical realizability in combination with its convincing functionality.’”

    According to the filing, there are disadvantages in the prior technology that the asserted patent claims to fix, such as the increasing contamination of the vaporizing unit throughout its life, a fluid leak, and that due to its design, the e-cigarette’s length cannot be shortened.

    RJRV takes issue with the patent’s six claims on the basis that to a person having ordinary skill in the field, it would have been obvious to combine previous inventions to overcome the claimed deficiencies.

    RJRV requests the cancellation of the claims as unpatentable.

    It’s not the first time that Reynolds and Philip Morris have quarreled about intellectual property. In June 2020, Philip Morris International filed counterclaims against Reynolds for patent infringement in the federal court action that RJR commenced against PMI and Altria, PMI’s IQOS distributor in the U.S., on April 9, 2020 in the Eastern District of Virginia.

  • Kandypens Ordered to Pay $1.2 Million for Marketing to Youth

    Kandypens Ordered to Pay $1.2 Million for Marketing to Youth

    California-based vaping company Kandypens was ordered to stop targeting youth in its marketing and pay $1.2 million for past violations, Los Angeles County City Attorney Mike Feuer said. Feuer’s office had sued Kandypens in 2018 for marketing its vaping devices and e-liquids at young people through social media and by placing their products in music videos featuring artists like DJ Khaled and Justin Bieber, according to CBS News.

    “Tobacco products including flavored e-liquids, hook kids and pose a threat to their health,” Feuer said in a statement. “The message from this victory to the vaping industry is clear: don’t sell or market to kids – we’ll hold you accountable.”

    The lawsuit had alleged Kandypens targeted young consumers on YouTube and Instagram, and did not restrict access to its social media advertisements to people 21 and over, and had paid to get their products into the music videos of artists who have a large following of young people, in violation of the state’s Unfair Competition Law, the Stop Tobacco Access To Kids Enforcement, or STAKE, Act; and Proposition 65.

    An investigator with the City Attorney’s Office was able to purchase a tobacco products from the Kandypens website while posing as a teenage customer using a fake email account and a prepaid gift card. Feuer alleges the company did not ask for a date of birth or verify the age of the customer, in violation of the STAKE Act.

  • Group Launches Platform for Vapers to Share Quit Stories

    Group Launches Platform for Vapers to Share Quit Stories

    The Canadian Vaping Association (CVA) has launched vapersvoice.ca, a national initiative that provides adult vapers a platform to share their story on how vaping helped them quit smoking. The aim of the initiative, sponsored by Flavourart Distro, is to remind Canadians and regulators that punitive vape regulation has real consequences for adult smokers that have chosen vaping to reduce their harm.

    Credit: Tumisu

    The website will enable adult vapers to upload short videos detailing, where they live, how long they smoked, how long they have been smoke-free, the flavor and nicotine concentration they used, and what they would do if flavors were to be banned. Canadian’s need to hear from adult vapers, not the industry. The CVA encourages all adult vapers to share their story, according to a press release.

    “Globally, the conversation around vaping has lost sight of the millions of lives that can be saved through vaping. Vaping has presented an unparalleled harm reduction opportunity and flavors are the key to adult adoption and success quitting smoking,” the release states. “Vapersvoice.ca will highlight the importance of flavored products and the positive impact vaping has had on the lives of millions of adult smokers.

  • Alaska Legislators try Again to Tax Vapor Same as Tobacco

    Alaska Legislators try Again to Tax Vapor Same as Tobacco

    Legislators in the U.S. state of Alaska are trying again this year to tax “electronic smoking products” the same as tobacco products. Bills to extend the state’s tobacco tax to electronic smoking products died last March as lawmakers rushed to close down the session amid the start of the pandemic. However, two lawmakers are trying again this year.

    alaska state house
    Credit: David Mark

    The bills, sponsored by Kodiak Sen. Gary Stevens and Juneau Rep. Sara Hannan, have each cleared their first committee and are both waiting for a hearing in their respective Finance Committee before either could move to the full body for a vote.

    Alaska has no statewide tax on vapor products, although the state taxes smokeless tobacco at 75 percent of wholesale. Cigarettes are taxed at $2 a pack. HB 110 would enact a 75 percent wholesale tax on e-liquids, vaping devices, and components (HB 110 is the House version of SB 45).

  • Vaping With Cigarette-Levels of Nicotine May Reduce Exposure

    Vaping With Cigarette-Levels of Nicotine May Reduce Exposure

    Photo: Auremar – Dreamstime.com

    E-cigarettes that deliver a cigarette-like amount of nicotine are associated with reduced smoking and reduced exposure to a major cancer-causing chemical in tobacco even with concurrent smoking, according to a new study led by researchers at Penn State College of Medicine and Virginia Commonwealth University (VCU).

    “We found that e-cigarettes that delivered a similar amount of nicotine as traditional, combustible cigarettes, helped reduce smoking and exposure to a harmful carcinogen,” said Jonathan Foulds, a researcher at Penn State Cancer Institute and professor of public health sciences and psychiatry and behavioral health. “This study shows that when smokers interested in reduction are provided with an e-cigarette with cigarette-like nicotine delivery, they are more likely to achieve significant decreases in tobacco-related toxicants, such as lower exhaled carbon monoxide levels.”

    The researchers conducted a randomized controlled trial of 520 participants who smoked more than nine cigarettes a day, were not currently using an e-cigarette device and were interested in reducing smoking but not quitting.

    We found that e-cigarettes that delivered a similar amount of nicotine as traditional, combustible cigarettes, helped reduce smoking and exposure to a harmful carcinogen.

    Jonathan Foulds, professor of public health sciences and psychiatry and behavioral health

    According to Foulds, the findings represent an important addition to the scientific literature because they suggest that when e-cigarettes deliver nicotine effectively, smokers have greater success in reducing their smoking and tobacco-related toxicant exposure. Caroline Cobb, associate professor of psychology at VCU and lead author, said the study is important for two reasons.

    “First, many e-cigarettes have poor nicotine-delivery profiles, and our results suggest that those products may be less effective in helping smokers change their behavior and associated toxicant exposure,” Cobb said.

    “Second, previous randomized controlled trials examining if e-cigarettes help smokers change their smoking behavior and toxicant exposure have used e-cigarettes with low or unknown nicotine delivery profiles,” Cobb said. “Our study highlights the importance of characterizing the e-cigarette nicotine delivery profile before conducting a randomized controlled trial. This work also has other important strengths over previous studies including the sample size, length of intervention, multiple toxicant exposure measures and control conditions.”

    The study contributes to the ongoing question of what role e-cigarettes play in changing smoking behavior, and the findings support limited safety concerns for the use of the specific e-cigarette and liquid combinations over the short term, even in the context of concurrent cigarette smoking. However, Cobb added, very little is known about the effects of e-cigarettes over the course of years, as opposed to the study’s 24-week period.

  • FDA Issues 6 More Warnings for Vapor Marketing Violations

    FDA Issues 6 More Warnings for Vapor Marketing Violations

    The U.S. Food and Drug Administration (FDA) has issued 6 more warning letters to vapor companies for failing to submit a premarket tobacco product application. Oregon Vapor, Northwest Vapors, Legend Vapor, Flavor Concepts, Hi Lyfe Vapors and LJ’s E-Smokes all received letters and April 9 and the FDA posted the letters on its website on April 13.

    Today’s postings bring the total number of warning letters issued by the FDA to vapor companies for violating marketing rules to 90 this year. Oregon Vapor has 100 products listed with the FDA, Northwest Vapor has 4,400 and Legend Vapor has 2,500, according to the FDA. Flavor Concepts has 300 products listed, Hi Lyfe Vapors has 100 and LJ’s E-Smokes has 280 products registered with the regulatory agency.

    The FDA states that the companies failed to submit PMTAs by the required Sept. 9, 2020 deadline. The FDA also states that “the violations discussed in this letter do not necessarily constitute an exhaustive list” and companies should quickly address any products that violate the same rules as the product mentioned in the letter.

    In February, the director of the FDA’s Center for Tobacco Products, Mitch Zeller, said that there were over 400 million vaping-related products that required a PMTA in order to remain on the market. “These warning letters are the result of continued surveillance and internet monitoring for violations of tobacco laws and regulations. We want to make clear to all tobacco product manufacturers and retailers that the FDA is keeping a close watch on the marketplace and will hold companies accountable for breaking the law,” said Zeller.

    Companies that receive warning letters from the FDA have to submit a written response to the letter within 15 working days from the date of receipt describing the company’s corrective actions, including the dates on which it discontinued the violative sale, and/or distribution of the products. They also require the company’s plan for maintaining compliance with the FD&C Act in the future.

    Vapor Voice and TMA have created a PMTA tracking tool to help find legal vaping products.

  • Juul Leaves Canadian Vaping Industry Trade Association

    Juul Leaves Canadian Vaping Industry Trade Association

    Photo: Juul Labs

    Juul Labs is leaving Canada’s Vaping Industry Trade Association (VITA), citing nonalignment on critical policy issues.

    “While we have appreciated the opportunity to collaborate with VITA , we will not be renewing our membership as we are not aligned on too many critical policy issues,” Juul Labs wrote in a statement. “For example, we support Tobacco 21 legislation—raising the minimum purchase age of tobacco and vaping products to 21—enhanced access controls at retail and limiting flavor options.”

    Juul Labs Canada said it will continue to focus on combating underage usage of vaping products, while preserving the historic opportunity to switch adult smokers off of combustible cigarettes.

    Vapor Voice profiles VITA in its current issue

  • South Carolina Bill Banning Local Vapor Rules Advancing

    South Carolina Bill Banning Local Vapor Rules Advancing

    A bill that would ban South Carolina cities and counties from limiting sales of vaping products and traditional tobacco products is advancing in the state’s House of Representatives.

    A 15-7 vote April 6 by the House Judiciary Committee sent the bill to the House floor for debate. Advocates said they don’t want local governments to create a mishmash of fees and rules across the state that hamper businesses and cut into state tax collections, according to an article in The Post & Courier.

    State taxes on cigarettes, cigars and “other tobacco products” (which includes vapor) tallied nearly $146 million last fiscal year, according to the state Revenue and Fiscal Affairs Office. Opponents include more than a dozen public health groups which have urged legislators to reject the proposal co-sponsored by both the chamber’s Republican and Democratic leaders.

    As amended, the measure grandfathers in any local ordinances enacted before Dec. 31, 2020. That would allow Myrtle Beach to keep in place its ban on sales of tobacco, hemp oil and vaping products within a 10-block section along Ocean Boulevard, if it survives a court challenge. It’s unclear how many other local rules exist. Advocacy groups that represent local governments did not immediately know.

    “The idea is we establish a statewide standard and don’t have a hodgepodge of rules related to these products,” said state Rep. Micah Caskey, R-West Columbia. “This is an attempt to get ahead on this issue so we don’t end up with more.” The bill does not affect local governments’ ability to use zoning laws to regulate where tobacco businesses can locate within their borders.

    Update: On April 7, the South Carolina House of Representatives passed the law by a vote of 80-23. The bill will now move to the South Carolina Senate.

  • Driftwood Vapor and Super Vape’z Get FDA Warning Letters

    Driftwood Vapor and Super Vape’z Get FDA Warning Letters

    The U.S. Food and Drug Administration (FDA) is intent on removing vaping products from the market that have not submitted a premarket tobacco product authorization (PMTA). The latest companies to receive warning letters are Van Howling Enterprise LLC d/b/a Driftwood Vapor and Super Vape’z, bringing the total number of warning letters for the illegal sale of vapor products to 82 in 2021. The letters were posted on the FDA’s website on April 5, the same day the businesses received the warnings.

    Credit: Vapers Map

    Driftwood received the warning for selling its Driftwood Vapor Watermelon 3mg e-liquid without a marketing authorization order and has over 3,600 products registered with the FDA. Super Vape’z received a warning for its Premium E-liquid Apple Mango 60ml 12mg e-liquid and has over 700 products listed with the FDA. Many of the FDA’s letters so far have gone to local vape shops that manufacturer their own e-liquid in the store, as is the case with Driftwood Vapor, for example.

    The FDA states that the companies failed to submit PMTAs by the required Sept. 9, 2020 deadline. The FDA also states that “the violations discussed in this letter do not necessarily constitute an exhaustive list” and companies should quickly address any products that violate the same rules as the product mentioned in the letter.

    In February, the director of the FDA’s Center for Tobacco Products, Mitch Zeller, said that there were over 400 million vaping-related products that required a PMTA in order to remain on the market. “These warning letters are the result of continued surveillance and internet monitoring for violations of tobacco laws and regulations. We want to make clear to all tobacco product manufacturers and retailers that the FDA is keeping a close watch on the marketplace and will hold companies accountable for breaking the law,” said Zeller.

    Companies that receive warning letters from the FDA have to submit a written response to the letter within 15 working days from the date of receipt describing the company’s corrective actions, including the dates on which it discontinued the violative sale, and/or distribution of the products. They also require the company’s plan for maintaining compliance with the FD&C Act in the future.

  • FDA Cleaning House With 80 Vapor Warning Letters in 2021

    FDA Cleaning House With 80 Vapor Warning Letters in 2021

    The total number of warning letters issued by the U.S. Food and Drug Administration (FDA) to e-liquid manufacturers for illegally marketing vapor products now stands at 80 in 2021. The FDA issued four more warning letters for marketing illegal vapor products. Kidney Puncher, Vapor Gold, Violet Vapor and Voltage Vapor all received letters on March 26 and those letters were posted to the FDA’s website on April 1.

    The FDA states that the company’s failed to submit premarket tobacco product applications (PMTA) by the required Sept. 9, 2020 deadline. The FDA also states that “the violations discussed in this letter do not necessarily constitute an exhaustive list” and companies should quickly address any products that violate the same rules as the product mentioned in the letter.

    Kidney Puncher has more than 1,000 products registered with the FDA; Vapors Gold has more than 500; Voltage Vapor has more than 1,500 products registered; and Violet Vapor has more than 4,900 products listed with the regulatory agency.

    Companies that receive warning letters from the FDA have to submit a written response to the letter within 15 working days from the date of receipt describing the company’s corrective actions, including the dates on which it discontinued the violative sale, and/or distribution of the products. They also require the company’s plan for maintaining compliance with the FD&C Act in the future.