Tag: e-cigarettes

CVA Asks for Meeting With Nova Scotia Government
A Canadian vapor trade group extended an open invitation to Nova Scotia’s new government. The Canadian Vaping Association (CVA) letter to Premier Iain Rankin and 16 cabinet ministers stated that the organization wants to “work with industry to repair the destructive vaping legislation implemented by the previous administration.”
Credit: Toptop54
The Canadian province’s current legislation prohibits all flavored vaping products excluding tobacco and has a .50 cent per/ml tax. The policies have resulted in a drastic increase in traditional cigarette sales, as confirmed by the Atlantic Convenience Store Association and Abacus Data finding 30 percent of adult vapers are at risk of returning to smoking, according to the letter.
“Vaping has conclusively shown to be less harmful than smoking, and as such, vaping regulation must balance adult smokers’ constitutional right to life, liberty, and the security of the person with youth protection. In acting to protect youth, Nova Scotia has overcorrected to the detriment of public health,” the letter states.
The flavor ban has resulted in the closure of over 85 percent of Nova Scotia’s specialty vape retailers, job losses and broken lease agreements. The regulation has also strengthened illicit marketing of the products.
“The CVA has developed solutions to balancing youth use with adult harm reduction that have been successful within Ontario and British Columbia,” said Darryl Tempest, executive director of the CVA. “We continue to work to seek solutions to prevent use with youth and never smokers. The CVA asks for the opportunity to meet with the new administration to discuss solutions and present the science.”
February 24, 2021
Vapor Advocates Welcome PHE Evidence Review

Photo: Chris Dorney – Dreamstime.com
Public Health England’s (PHE) latest evidence review reinforces vaping’s role in smoking cessation as well as the low rate of use among underage never-smokers.
As the U.K. prepares to reevaluate its Tobacco & Related Products Regulations following Brexit, the report shows great successes in harm reduction and smoking cessation linked to vaping products.
In every region of the country, quit rates among adult smokers were found to be higher with the use of vaping than with other products, ranging from 49 percent success in the South West to 78 percent in Yorkshire and the Humber.
PHE states that the use of nicotine-replacement therapies (NRT) among long-term former smokers is declining while the use of vaping products is increasing. Citing data from Action on Smoking and Health, the review highlights that the most common reasons given for vaping were to quit combustible cigarettes (29.7 percent), stay off cigarettes after quitting (19.4 percent) and to reduce tobacco consumption (11.2 percent).
Flavors remain an important driver for those using vaping products, with 31.6 percent of vapers reporting fruit flavors to be their preference.
Uptake among “never-smoker” youth remains very low, between 0.8 percent and 1.3 percent, with PHE confirming that this rate has not increased in recent years.
John Dunne
“This a defining moment for the vaping sector and truly shows the considerable progress it has made against a backdrop of significant misinformation around the industry, with Public Health England once again stating that perceptions of the harm caused by vaping compared with smoking are increasingly out of line with the evidence,” said John Dunne, director general of the U.K. Vaping Industry Association (UKVIA).
“This latest data, which the review is based upon, provides incontrovertible evidence as to the importance of vaping to successful smoking cessation and the nation’s public health.”
Dunne also pointed to challenges that need addressing by the industry and policy makers.
“Despite the many positives in this report, a great deal remains to be done,” he said. “Action on Smoking and Health, for example, has found that just 11 percent of local authority stop-smoking services are offering vaping products to some or all of those trying to quit smoking. With the clear efficacy of vaping evidenced in this report, we must ensure this figure grows.
“As an industry, we also share PHE’s views on stronger enforcement in preventing underage sales. In our response to the government’s TRPR consultation, which we will be publishing shortly, we call for fully funded regional and national test purchasing schemes to better understand compliance and to help educate retailers on their legal requirements. The UKVIA has already published the first ever Preventing Underage Sales Guide for vape shops and online retailers, which has been supported by Trading Standards.
“The review’s finding that more than 50 percent of people believe vaping to be as harmful or more harmful than the use of combustible cigarettes means we need to keep educating smokers about the fact that vaping is a fraction of the harm of smoking, has literally changed the lives of former smokers for the better and is acknowledged as one of the best ways to quit conventional cigarettes.”
February 23, 2021
Utah Lawmakers Want Control of Nicotine Limits
The a new bill in the U.S. state of Utah seeks to un-do some vaping restrictions in the state. S.B. 134 would raise the standard of 24 mg/ml to 65 mg/ml if passed. Senator Curtis Bramble, the lawmaker behind the bill, says that the current standard bars 70 to 80 percent of all vape products on the market.
Credit: Tyler Moore
“We’ve done everything prudent to limit access of these products to youth; the question is if these are legal products in the US, should it be by administrative rule that they are prohibited or should it by an affirmative vote of the legislature that we limit the market?” Senator Bramble asked during a senate committee.
Over the last few years, Utah’s state legislature has given the Utah Department of Health (UDH) the power to limit nicotine sales and quantities in Utah. Beginning in 2020, UDH set a standard of 24 mg/mL of nicotine in vaping products sold in the state.
Beyond raising the nicotine standards, the law would also strip UDH of the ability to create these kinds of limits. Opponents to S.B. 134 say the more limits to nicotine the better, no matter where those limits are coming from.
“We have a youth addiction problem with nicotine; we have 30,000 youth in Utah vaping. Why on earth would the legislature want to increase the amount of nicotine?” asked Walter Plumb, the president of Drug Safe Utah, said, according to a story on abc4.com.
The bill has passed in a Senate committee and is waiting for a vote by the full Senate.
February 22, 2021
SnowPlus Teams With Canadian Manufacturer Dvine
SnowPlus has started to re-allocate certain aspects of its production to Canada. The China-based vaping hardware manufacturer confirmed its partnership with Canadian manufacturing company, Dvine Laboratories, in a recent press release.
Credit: SnowPlus
“We are incredibly excited to partner with Dvine Laboratories to have SnowPlus products manufactured in Canada under the stringent standards of quality,” said Brad Jemmett, general manager of SnowPlus Canada “Having a trusted local manufacturing partner will not only improve our supply chain, but also allow SnowPlus to offer premium quality e-Liquids made by Canadians, for Canadian adult vapers.”
The outpost will be located in Lindsay, Ontario. The company states that localization has become an important part of its growth strategy and it no longer needs to rely on one region or producer to be responsible for all of its production needs. An estimated 90 percent of the world’s vaping and e-cigarette devices are designed and manufactured by about 1,000 factories throughout Shenzhen, China, with thousands more companies forming the supply chain throughout Guangdong province.
The move makes SnowPlus the only domestic and international source for vape products and accessories in Canada. “We’re thrilled to have a partner like SnowPlus. Not only are they as committed to quality standards as we are, they share in our values of giving back to the communities we serve,” stated Nick Paparamborda, vp of sales at Dvine Laboratories. “This partnership will create more jobs for Canadians and opportunities for small business owners.”
SnowPlus and Dvine Laboratories have stated that e-liquid for Canadian SnowPlus products will be produced in Canada, as well as filling pods, final assembly and packaging. “This ensures that product output is consistent to our government specifications and testing standards. The result is a Canadian vetted product that can be purchased locally,” the release states.
February 19, 2021
Public Comment Begins for USPS ENDS Mail Rules
Interested parties will have 30 days to comment on the U.S. Postal Service rules for mailing electronic nicotine-delivery systems (ENDS). The USPS posted the rules on Wednesday and they were published in the Federal Register today. Comments must be submitted by March 22. The rules will presumably go into effect on March 27.
Credit:USPS
“The Postal Service proposes to revise Publication 52, Hazardous, Restricted, and Perishable Mail, to incorporate new statutory restrictions on the mailing of electronic nicotine delivery systems,” the listing reads. “Such items would be subject to the same prohibition as cigarettes and smokeless tobacco, subject to many of the same exceptions.”
The Preventing Online Sales of E-Cigarettes to Children Act, which placed ENDS under the PACT Act, was enacted on December 27, 2020 and becomes effective 90 days after enactment (March 27, 2021). The USPO rule states that the agency will only mail ENDS products under narrowly defined circumstances:

Noncontiguous States: intrastate shipments within Alaska or Hawaii;

Business/Regulatory Purposes: shipments transmitted between verified and authorized tobacco industry businesses for business purposes, or between such businesses and federal or state agencies for regulatory purposes;

Certain Individuals: lightweight shipments mailed between adult individuals, limited to 10 per 30-day period;

Consumer Testing: limited shipments of cigarettes sent by verified and authorized manufacturers to adult smokers for consumer testing purposes;

Public Health: limited shipments by federal agencies for public health purposes under similar rules applied to manufacturers conducting consumer testing.
Many business were unsure if B2B mailing would be allowed. The unpublished rules say they will be allowed. According to Azim Chowdhury, a partner at Keller and Heckman, the PACT Act has historically exempted businesses-to-business deliveries from the USPS ban.
Specifically, the USPS ban does not extend to tobacco products mailed only for business purposes between legally operating businesses that have all applicable state and federal government licenses or permits and are engaged in tobacco product manufacturing, distribution, wholesale, export, import, testing, investigation, or research.
“Companies seeking to use USPS for business-to-business deliveries must first submit an application to the USPS Pricing and Classification Service Center and comply with several other shipping, labeling, and delivery requirements,” said Chowdhury.
Email comments, containing the name and address of the commenter, may be sent to: PCFederalRegister@usps.gov, with a subject line of “E-Cigarette Restrictions.” Faxed comments are not accepted.
February 19, 2021
Germany to Tax Vapor Based on Amount of Nicotine

Photo: Theerapan Bhumirat | Dreamstime.com
The German government has proposed a new tax for nicotine-containing vapor products, which would be effective in summer 2022.
The new tax is “a response to current market developments.” It would include a tax of €0.02 ($0.02) per mg of nicotine for e-liquids, effective July 1, 2022. Beginning Jan. 1, 2024, the tax would double by the end of 2026.
“This is appropriate for reasons of fair taxation since only nicotine-containing substances in e-cigarettes are to be regarded as substitutes for cigarettes,” the draft of the proposed Tobacco Tax Modernization Act states. Authorities are also justifying the decision based on the “existing risk potential” of vapor products compared to traditional tobacco products.
“They are not harmless consumer products and can cause serious illnesses,” the draft bill states.
Lawmakers expect the new tax to bring in €135 million in 2022 and up to €2.9 billion by 2026.
The German Alliance for Tobacco-free Pleasure (BfTG) says the plan “makes no sense.”
“The tax would make smoking cheaper than vaping and make e-liquids many times more expensive,” BfTG chairman Dustin Dahlmann told ECigIntelligence, warning that it could lead to a flourishing black market and a collapsing legal industry, such as in Italy and Estonia. The BfTG believes taxation should be left at the EU level.
Currently, vapor products are not specially taxed. They are subject to the 19 percent value-added tax, however.
A decision is expected by the end of 2021.
February 18, 2021
US Post Office to Publish ENDS Mailing Rules Feb. 19
The United States Postal Service (USPS) is scheduled to publish in the Federal Register its rules for mailing electronic nicotine-delivery system (ENDS) products tomorrow, Feb. 19. The unpublished rule states “that the prohibition on mailing ENDS will apply immediately ‘on and after’ the date of the final rule.”
Credit: F. Muhammad
However, the Preventing Online Sales of E-Cigarettes to Children Act, which placed ENDS under the PACT Act, was enacted on December 27, 2020 and becomes effective 90 days after enactment (March 27, 2021). The USPO rule states that the agency will mail vapor products under narrowly defined circumstances:

Noncontiguous States: intrastate shipments within Alaska or Hawaii;

Business/Regulatory Purposes: shipments transmitted between verified and authorized tobacco industry businesses for business purposes, or between such businesses and federal or state agencies for regulatory purposes;

Certain Individuals: lightweight shipments mailed between adult individuals, limited to 10 per 30-day period;

Consumer Testing: limited shipments of cigarettes sent by verified and authorized manufacturers to adult smokers for consumer testing purposes;

Public Health: limited shipments by federal agencies for public health purposes under similar rules applied to manufacturers conducting consumer testing.
Many business were unsure if B2B mailing would be allowed. The unpublished rules say they will be allowed. According to Azim Chowdhury, a partner at Keller and Heckman, the PACT Act has historically exempted businesses-to-business deliveries from the USPS ban. Specifically, the USPS ban does not extend to tobacco products mailed only for business purposes between legally operating businesses that have all applicable state and federal government licenses or permits and are engaged in tobacco product manufacturing, distribution, wholesale, export, import, testing, investigation, or research.
“Companies seeking to use USPS for business-to-business deliveries must first submit an application to the USPS Pricing and Classification Service Center and comply with several other shipping, labeling, and delivery requirements,” said Chowdhury.
The USPS rules also state that the listed exceptions cannot feasibly be applied to inbound or outbound international mail, mail to or from the Freely Associated States, or mail presented at overseas Army Post Office (APO), Fleet Post Office (FPO), or Diplomatic Post Office (DPO) locations and destined to addresses in the United States. Because of this inability, all ENDS products “in such mail are nonmailable, without exception.”
In addition to the non-mailing provisions, the PACT Act requires anyone who sells cigarettes or smokeless tobacco to register with the ATF and the tobacco tax administrators of the states into which a shipment is made or in which an advertisement or offer is disseminated, according to Chowdhury. Retailers who ship cigarettes or smokeless tobacco to consumers are further required to label packages as containing tobacco, verify the age and identity of the customer at purchase, use a delivery method (other than USPS) that checks ID and obtains an adult customer signature at delivery, and maintain records of delivery sales for a period of four years after the date of sale, among other things.
Excluded from the statutory definition are products approved by the U.S. Food and Drug Administration (FDA) for sale as “tobacco cessation products or for other therapeutic purposes and marketed and sold solely for such purposes.” The USPO also proposes to treat ENDS as a standalone category, “albeit one generally subject to the same restrictions and exceptions as cigarettes, consistent with the statute.”
February 18, 2021
U.S. FDA has Processed PMTAs for 4.8 Million Products
The U.S. Food and Drug Administration (FDA) said it received thousands of premarket tobacco product application (PMTA) submissions covering millions of tobacco products, the majority of which came in very close to the Sept. 9, 2020 deadline. The submissions varied substantially in number of tobacco products contained in each submission, size, format and organization, including paper submissions and even hard drives and CDs, according to a press release.
Mitch Zeller speaking at a TMA annual meeting. Photo: Taco Tuinstra
FDA Center for Tobacco Products (CTP) director Mitch Zeller stated as of mid-January 2021, the agency has completed the Processing step of applications for more than 4.8 million products from over 230 companies. “We have accepted applications for about 84,000 products and refused to accept applications for about 3,100 products submitted through the PMTA pathway,” wrote Zeller. “As of mid-January 2021, of the applications submitted by Sept. 9, we have filed applications for about 29,000 products and refused to file applications for about 1,650 products submitted through the PMTA pathway.”
He also stated that several factors have slowed the agency’s progress in getting application’s into the system. Companies submitted PMTAs differently, for example some applicants provided information on one product per submission while other applicants provided information for all of the company’s products within one submission.
“One firm submitted information on more than 4 million tobacco products within a single submission,” Zeller wrote. “The amount of content in each submission also greatly varied, with some applications including up to 2,000,000 files where each file contains multiple pages of content for FDA to review.” The letter is part of a pledge Zeller made that the agency would keep interested stakeholders updated on the agency’s progress.
FDA is prioritizing enforcement against any ENDS product that continues to be sold and for which the agency did not receive a product application. To date, the FDA has sent warning letters to 30 firms who manufacture and operate websites selling electronic nicotine delivery system (ENDS) products, specifically e-liquids, which lack premarket authorization, according to the letter.
The agency also stated that the likelihood of FDA reviewing all the applications by Sept. 9, 2021 is low. Because of the sheer number of applications, the agency has set aside the products with the greatest market share and will push those products through the process more quickly. “[We will] focus resources on products where scientific review will have the greatest public health impact, based on their market share, while also committing to providing an opportunity for review to all companies,” Zeller wrote. This could prove positive or negative as a quick denial would force the product off the market.
The agency can still not confirm when it would release a list of products that are approved to be on the market. Zeller wrote that the agency continues to work on processing submissions and verifying the dates of initial marketing and current marketing status of products that submitted a timely PMTA.
“We have already verified this information for around 86,000 products received through the PMTA pathway,” he wrote. “Due to the size and volume of the PMTA submissions and the variable quality, format and presentation of these submissions, processing these submissions and verifying this information will take more time.”

February 16, 2021
FDA Received Over 15,000 PMTAs in FY2020
Update: The U.S. Food and Drug Administration (FDA) said it received thousands of premarket tobacco product application (PMTA) submissions covering millions of tobacco products, the majority of which came in very close to the Sept. 9, 2020 deadline. The submissions varied substantially in number of tobacco products contained in each submission, size, format and organization, according to a press release.
More than 15,000 premarket tobacco product applications (PMTA) were submitted to the U.S. Food and Drug Administration (FDA) during fiscal year 2020, according to data provided on the regulatory agency’s website.
In August 2020, the FDA received 10,184 applications and in September 2020 it received 4,567. Prior to August, the FDA had only received 686 applications. The FDA does not distinguish how many of those products are electronic nicotine-delivery system (ENDS) devices.
Of the 15,437 applications turned in during fiscal year 2020 (October 2019 to September 2020), 767 PMTAs were closed, according to FDA data. An application is considered closed after the FDA issues an order letter, a refuse-to-accept letter or the PMTA is withdrawn by the applicant.
Companies that submitted a PMTA by the Sept. 9, 2020 deadline and were previously on the market before Aug. 8, 2016, can remain on the market for up to one year while the FDA reviews the PMTA. The FDA said it will release a list of the deemed new tobacco products that were subject to the Sept. 9 PMTA deadline, however, no date has set for the list’s release.
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February 16, 2021
BAT Korea will Continue Online Vapor Marketing
Recent successful digital marketing efforts reaffirmed BAT Korea’s plans to reach a wider audience for its lower-risk products by promoting them online, according to a spokesperson during “BAT Innovation Day” on Tuesday.
“Sales promotions for Glo Pro last month took place both online and in-store and it was especially well received online and we managed to sell out the stock we prepared quicker than expected,” said Yu Jung-min, head of offline activation at BAT Korea during the online press event. “Diversifying sales channels gave us an opportunity to rebound from a recent decline.”
The global tobacco company used the event to showcase its focus on innovation. The company also offered an industry-first virtual factory tour during the event, demonstrating the technology behind its manufacturing facility in Sacheon, South Gyeongsang Province, where the company is making its first new product of the year, the KENT Double Fresh, and its heat-not-burn (HnB) products, Glo neo sticks.
When asked about the decision to continue to release regular tobacco products despite the company’s emphasis on its environmental, social and governance approach, Yu said sales of regular tobacco products, which account for most of its sales, are essential to ensuring investment, according to an article in The Korea Herald.
The BAT Sacheon Factory, which opened in 2002, is now home to some 1,000 employees. BAT is the first foreign tobacco company with a production facility in the country, the company said.
Last year, the company announced it is teaming up with LS Electric to introduce solar power generation facilities at its Sacheon factory, with construction poised to begin in March When completed, the factory is expected to generate up to 1,435 kilowatts of electricity through solar power, which will constitute a “remarkable amount of carbon reduction,” the company said.
February 16, 2021