Tag: e-cigarettes

New EU Restrictions Worry Harm Reduction Advocates
Credit: Elsa Donald
Vapor advocates have expressed concern about reports that the European Commission is potentially seeking to ban flavored e-liquids.
According to the U.K. Vape Industry Association (UKVIA), leaked EU plans for a “Tobacco Free Generation” would increase controls on e-cigarettes, despite their proven value in smoking cessation efforts.
This latest EU plan could include the following proposals:
Extend taxation to “novel tobacco products,” including e-cigarettes
Extend the coverage of smoking bans, both indoor and outdoor, to vaping
A full ban on flavored products
The enforcement on plain packaging for vaping products
John Dunne
“We at the UKVIA are seriously concerned by reports that the European Commission is considering such regressive action, which will likely reduce the positive impact that vaping has on people’s lives,” said John Dunne, director general of the UKVIA.
“While we completely support efforts to combat the scourge of cancer in our society, the creation of artificial barriers to harm-reduction products is clearly counterproductive. Adult smokers must be empowered to make positive change, rather than being discouraged.
“Cancer Research UK, along with the Royal College of GPs, have confirmed vaping’s significant harm-reduction compared to cigarettes, as well as its efficacy in smoking cessation. The EU’s plans are out of step with this latest evidence.
“It is vital that the U.K. now take advantage of the legislative and regulatory independence afforded by Brexit, to safeguard this country’s proportionate, evidence-based approach to vaping.”
The document was leaked ahead of the announcement today of the EU’s “Beating Cancer Plan,” which among other things calls for reducing tobacco use to less than 5 percent of the EU population by 2040.
February 3, 2021
Chicago Files Suit Against Vapes.com for Illegal Sales
The City of Chicago has filed a lawsuit against Equte LLC, parent to Vapes.com, for “marketing and selling flavored vaping products.” The company allegedly marketed its products to youth, alongside selling flavored products. Four months ago, the Chicago City Council banned the sale of flavored vaping products favored by teens, but exempting flavored tobacco products, including menthol cigarettes.
Credit Emily Ralph
The latest in a string of city lawsuits against the e-cigarette industry follows an investigation by the Department of Business Affairs and Consumer Protection. It identified the two companies as having violated the flavored tobacco ban, according to the Chicago Sun Times.
“E-cigarettes are unhealthy and addictive, and businesses deliberately target young people in the hope they’ll develop lifelong customers,” Mayor Lori Lightfoot was quoted as saying in a news release. “The City of Chicago’s message to vaping companies is clear: If you break the law, we will go after you, especially if you try to sell to our youth.”
O’Shea originally championed a much stronger, citywide ban on all flavored tobacco products. He was forced to settle for less — a ban on “flavored liquid nicotine products” — after running into a buzz-saw of opposition from gas stations, convenience and tobacco stores. They accused O’Shea of kicking them when they’re down, with their businesses hurting during the pandemic.
O’Shea could not be reached for comment. The press release quoted him as saying that this lawsuit “not only takes these companies to task, but sends a clear message to anyone who thinks they can push vaping products onto our kids and get away with it.”
February 2, 2021
Surprise: Study Finds Vapers Vape in No Smoking Zones
A recent survey from South Korea found that 8 in 10 South Korean e-cigarette users said they had secretly smoked stealthily in non-smoking areas. At 83.5 percent, the vast majority of e-cigarette users said they had vaped illegally, dwarfing the 16.5 percent who said they did not participate in such activity.
Credit Sungho Song
Under the National Health Promotion Act, those who use e-cigarettes in non-smoking areas can be fined, just like for smoking conventional tobacco cigarettes.Heat-not-burn products were not mentioned in the study and would face similar fines, according to a story by The Korea Bizwire.
A research team from the Asan Medical Center conducted a survey of 7,000 men and women between 20 and 69 years of age. Of the total, the number of people who had used e-cigarettes in the previous month stood at 394. Among vapers, 44.6 percent between 20 and 34 years old, while men accounted for 74.1 percent of the total.
Most participants said the smoked at home indoors, which accounted for the largest share at 46.9 percent, followed by private cars at 36.9 percent and outdoor non-smoking areas at 28.3 percent. Men and women accounted for 44 percent and 55.6 percent of the violators, respectively, indicating that more than half of female vapers users are vaping secretly at homes.
February 2, 2021
Lawyer Says Loveland Council Illegally Texted Over Flavor Ban
Some Loveland City Council members deliberated on a proposed ban on flavored vaping and other tobacco product sales in private text messages, possibly violating Colorado state law, a Dec. 8 text message thread shows.
Credit: Pixabay
Steve Zansberg, a Denver attorney and president of the Colorado Freedom of Information Coalition, called the thread an “extremely clear-cut” violation of state rules.
The Loveland Reporter-Herald obtained the messages from Mayor Jacki Marsh after the paper received a confidential tip. All nine council members and City Manager Steve Adams were included in the thread, though not all council members participated.
Time stamps on the text thread show that 13 of the messages were exchanged by councilors during their regular meeting that evening, which was held virtually and dealt mostly with the proposed ban and the problem of youth vaping.
In the text conversation, council members Kathi Wright, Steve Olson, Don Overcash and John Fogle deliberated on how they would respond to calls for a ban on selling the products.
“Looks like another special meeting this month,” Wright said at 9:17 p.m., reviving a thread that Adams began earlier in the day to let councilors know about a scheduling change.
“yup. but don’t cave,” Overcash replied.
After Olson asked whether Wright was interested in “working with business to find a win win solution,” Wright said she “still believe(d) we have another step, talking with local business.”
February 1, 2021
SwissX Files Infringement Suit Against Juul Labs
SwissX Labs, a U.S.-based CBD company, has brought a lawsuit claiming that Juul Labs infringed on one of its patents. Filed in the U.S. District Court of Delaware, the suit alleges that Juulpods copy the use of a patented combined e-liquid and vaporization chamber (cartomizer) owned by SwissX.
Credit: Insurance Journal
Owned by billionaire Alki David, SwissX states in the suit that Juul Labs has known about U.S. Patent No. 9,351,522 (522 patent) since at least March 2018. The U.S. Patent and Trademark Office (USPTO) issued the patent in 2016 to inventor Robert Safari, who assigned it SwissX.
After its issue on May 31, 2016, the 522 patent was was active until June 1, 2020. On June 2, 2020, “the enforceability of the 522 patent temporarily lapsed, due to an inadvertent failure to pay the maintenance fee,” according to the filing. On Dec. 21, 2020, SwissX filed a petition to reinstate the 522 patent at the USPTO. The Petition was granted, and SwissX paid the outstanding fee.
“Thus, on December 21, 2020, the [522 patent] was restored to full force and effect … SwissX
is entitled to damages adequate to compensate it for all acts of infringement that occurred, or which may occur, at any point while the [522 patent] was or is in force,” the suit states.
Juul Labs has not publicly responded to the lawsuit. A judge recently dismissed an investor lawsuit against Juul Labs. However, the company still faces lawsuits from several states and school districts around the U.S.
January 28, 2021
College Students Studying Effects of Vaping in Vehicles
A group at East Carolina University is trying to fill in the gaps is trying to fill in some gaps in e-cigarette research.
Credit: Cape Cod Health
The researchers are taking a close look at what happens when people vape inside of their vehicles. Researchers say e-cigarette users told them they like vaping instead of smoking actual cigarettes because it doesn’t make their vehicle smell, according to WNCT.com.
E-cigarette users also don’t worry as much about the effects of second-hand smoke on others in their vehicles. The group is testing that theory with the help of a three-year grant from the National Institute of Health.
“People are now making a choice to vape inside of vehicles, to vape inside their homes and vape around children, so this is something we need to understand more about,” said Dr. Eric K. Soule with the ECU Department of Health Education.
Professors believe the project is a great opportunity for ECU undergraduates to get real-world research experience.
January 25, 2021
RELX More Than Doubles Value in Opening IPO
Chinese e-cigarette maker RLX Technology, parent to the RELX brand, jumped 146 percent in its trading debut after raising $1.4 billion in its U.S. initial public offering.
Creit: RELX
RLX Technology’s American depositary shares closed at $29.51 Friday, giving the company a market value of about $46 billion. Backed by Sequoia Capital China, the company sold 116.5 million shares for $12 a piece on Thursday after marketing them for $8 to $10.
The IPO was led by Citigroup Inc. and China Renaissance Holdings Ltd. The company’s ADS, each representing one ordinary share, are trading on the New York Stock Exchange under the symbol RLX.
The IPO, the first major U.S. listing this year by a China-based company, signals continuing investor demand, according to Bloomberg.
RLX, founded in 2018, is China’s largest e-cigarette maker with 62.6 percent of the country’s market, according to a report by China Insights Consultancy cited in the company’s IPO prospectus.
China is the world’s largest potential vaping market, with an estimated 286.7 million adult smokers in 2019, RLX said in its prospectus. But vaping products only have a 1.2 percent penetration rate, compared with 32.4 percent in the U.S.
January 25, 2021
California Flavor Ban on Hold, Voters to Decide in 2022
Californians will decide next year if flavored vaping products should be banned. The California Secretary of State’s office certified a referendum challenging the state’s ban on flavored vapor and other tobacco product sales had garnered more than the minimum number of valid signatures. The referendum will head to the ballot in November, 2022.
Credit: Elsa Olofsson
The ban is on hold and retailers can continue selling flavored e-liquids and other products until votes are cast. The ban had been set to go into effect on Jan. 1, 2021, but was delayed until the signature verification process had been completed. I
n order to qualify for the ballot, organizers of the referendum submitted more than 1 million signatures, as they needed to get 623,212 verified signatures from California voters. On Friday, the Secretary of State’s office published a report indicating that organizers had gathered 781,885 valid signatures.
Had the minimum number of valid signatures not been met, the law would have taken effect once the Secretary of State had verified the process was complete. The election is scheduled for Nov. 8, 2022, and those results will then need to be certified. If the law banning flavors is approved, it would go into effect on Dec. 8, 2022.
It did not make it illegal to possess or use such products, however. In addition to the referendum, the state has also been sued over the ban by R.J. Reynolds Tobacco Co., R.J. Reynolds Vapor Co., American Snuff Co. LLC, Santa Fe Natural Tobacco Co. Inc., Philip Morris USA Inc., John Middleton Co., U.S. Smokeless Tobacco Co. LLC, Helix Innovations LLC, Neighborhood Market Association Inc. and Morija LLC, which does business under the name Vapin’ the 619. That litigation is currently ongoing.
January 25, 2021
CBP Seizes 50,000 Unapproved Vape Pens in Chicago
U.S. Customs and Border Protections (CBP) officers at Chicago O’Hare’s International Mail Branch seized 50,000 dragster Mountain Vape Pens on Tuesday. The shipment, originated from Hong Kong, and was destined for a residence in Alexandria, Kentucky.
Credit: CBP
The U.S. Food and Drug Administration (FDA) determined the shipment violated the Federal Food, Drug, and Cosmetic Act (FD&C Act) as misbranded consumer goods being imported by an unauthorized agent, according to a press release. Tobacco products imported or offered for import into the United States must comply with all applicable U.S. laws. Read more about the FDA’s regulations governing e-cigarettes and other tobacco products.
The shipment was seized on January 19, and was mis-manifested as Lithium Ion Battereies, a common practice used by smugglers, CBP states. “CBP believed the shipment was intentionally improperly labeled in order to avoid detection,” the release states. “Additionally, CBP presumes the products are being sold without authorization. CBP continues to work diligently to stop non-legitimate products from entering the U.S.” The pens had an MSRP of $450,000.
“Our officers are dedicated to identifying and intercepting these types of shipments that could potentially harm our communities,” said Shane Campbell, Area Port Director-Chicago. “Customs and Border Protection’s trade enforcement mission places a significant emphasis on intercepting illicit products that could harm American consumers, and we will continue to work with our consumer safety partners to identify and seize unsafe and illicit goods.”
Last year the FDA announced an increased enforcement priority of electronic nicotine delivery systems, and issued detailed guidance to the industry of these new enforcement priorities that regulate the unauthorized importation of tobacco products.
CBP provides basic import information about admissibility requirements and the clearance process for e-commerce goods and encourages buyers to confirm that their purchases and the importation of those purchases comply with any state and federal import regulations.
CBP conducts operations at ports of entry throughout the United States, and regularly screens arriving international passengers and cargo for narcotics, weapons, and other restricted or prohibited products. CBP strives to serve as the premier law enforcement agency enhancing the Nation’s safety, security, and prosperity through collaboration, innovation, and integration.
January 22, 2021
Activists Raise Awareness of Black-Market Vapor Products

Photo: Tobacco Reporter archive
The National Crime Prevention Council (NCPC) and National Intellectual Property Rights Coordination Center (IPRC) in the U.S. have released an innovative toolkit as part of their nationwide campaign to raise awareness on the dangers of black-market vapor products and empower law enforcement and adult community leaders to prevent and enforce against these illicit activities.
The IPRC and NCPC launched this public-private partnership, with the support of Juul Labs, in October 2019, seeking to raise awareness on the consequences of illicit vapor products, with the objective of delivering tools and resources to communities grappling with this critical issue across the country. Now, the IPRC and NCPC have expanded upon this initiative by providing law enforcement and other key stakeholders with a toolkit that will aid in their efforts to educate and mobilize their communities against this dangerous illicit trade.
The toolkit is a comprehensive resource that details the various forms of illicit vapor products, such counterfeit, compatible and diverted products, and teaches the community how to spot such products. It also contains broader educational resources, along with strategies on how best to elevate these vital messages through social media, community events and meetings, and in cooperation with local businesses.
According to Juul, Illicit vapor products present a number of public health, economic and security consequences. Critically, they undermine underage-prevention measures because of their ease of access and may present additional health and safety risks for adult consumers given that they often are produced in unsanitary conditions without manufacturing and quality controls and lack ingredient testing and product characterization. They also may contain harmful chemicals not present in other, authentic products.
As part of this campaign, and with the support of IPRC, NCPC will leverage its vast, nationwide network to get this toolkit into the hands of law enforcement, trade partners, and other adult community leaders.
“It is imperative that we continue to partner across stakeholders, including law enforcement, to address the illicit market of vapor products,” Juul wrote in a statement. “Supporting public-private partnerships like the IPRC/NCPC initiative is one way we can actively fight back against illicit trade of vapor products. By empowering stakeholders through awareness and education, we can address the illicit trade of vapor products and foster a more responsible marketplace for the category.”
January 20, 2021