Tag: e-cigarettes

COP10 Opens With Warning Against New Products
Image: SL-Photography
Delegates from around the world gathered in Panama City on Feb 5. to open the 10^th Conference of the Parties (COP10) to the World Health Organization’s Framework Convention on Tobacco Control, (FCTC).
Adriana Blanco Marquizo, head of the of the FCTC Secretariat welcomed attendees and warned of the increasing availability of novel and emerging nicotine and tobacco products.
These are, “becoming a very troubling problem with an alarming increase in the use of these products by young people,” Blanco Marquizo said in her opening address.
“Part of this increase is due to disingenuous tobacco industry messages portraying these products as a replacement for real tobacco control measures, as the industry again tries to claim a seat at the table—as part of the solution to an epidemic that the industry created and continues to sustain.”
She also asked everyone to be alert to what she described as “the relentless interference of the tobacco industry in every corner of the world.”
At COP10, delegates will consider a wide range of work to direct the FCTC in its work.
Discussions at COP10 will include:
Implementation of FCTC Articles 9 and 10 (Regulation of contents and disclosure of tobacco products): reports by the Bureau, by the Expert Group and by the WHO
Tobacco advertising, promotion and sponsorship: depiction of tobacco in entertainment media: report by the Working Group
Novel and emerging tobacco products
Forward-looking tobacco control measures (in relation to FCTC Article 2.1)
Implementation of FCTC Article 19, which relates to liability
Improving the reporting system of the FCTC
Implementation Review Mechanism
Contribution of the FCTC to the promotion and fulfilment of human rights
The FCTC Investment Fund
COP10 runs from today until Saturday Feb. 10.
It is followed by the third Meeting of the Parties to the Protocol to Eliminate Illicit Trade in Tobacco Products, Feb. 12-15, 2024.
February 6, 2024
FDA Denies Blu Marketing of 5 Flavored Products
Credit: Fontem US
The U.S. Food and Drug Administration continued its de-facto flavor ban and issued marketing denial orders (MDOs) to Fontem US LLC for four Blu disposables and one Myblu brand e-cigarette product.
The currently marketed products that received an MDO are:

Blu Disposable Menthol 2.4%
Blu Disposable Vanilla 2.4%
Blu Disposable Polar Mint 2.4%
Blu Disposable Cherry 2.4%
Myblu Menthol 1.2%
After reviewing the company’s premarket tobacco product applications (PMTAs), the regulatory agency determined that the applications lacked sufficient evidence to demonstrate that permitting marketing of the products would be appropriate for the protection of the public health, which is the standard legally required by the 2009 Family Smoking Prevention and Tobacco Control Act, according to a press note.
“The application lacked sufficient evidence regarding harmful and potentially harmful ingredients in the aerosol for one product and battery safety for several products,” the release states. “Additionally, the applicant did not present sufficient data demonstrating that the new products have a potential to benefit adult smokers, in terms of complete switching or significant cigarette use reduction, that would outweigh the risk to youth.”
While the FDA has approved 23 vaping products, none have been a flavored product. Last month, the agency also issued Fontem US, LLC MDOs for its Blu PLUS+ brand e-cigarette products. Fontem is expected to appeal the FDA decision.
February 5, 2024
Vermont Moving Closer to Flavored Nicotine Ban

Credit: Belyay
It’s likely going to become law. The Vermont House Committee on Human Services advanced a bill last week that would ban selling flavored vaping and other tobacco products, but made changes to address disagreements on whether to include menthol cigarettes.
If passed, the ban would go into effect on Jan. 1, 2025. However, the ban on menthol cigarettes would be delayed until July 1, 2025, and the Health Equity Advisory Committee would produce a report on whether the ban is discriminatory and present it to the assembly in the 2025 legislative session, according to media reports.
The bill proposes a ban on selling flavored tobacco products and substitutes, including cigarettes, vapes, cigars, snuff, and chewing tobacco. The bill’s most recent draft defines flavors as any taste or aroma other than that of tobacco, including “fruit, chocolate, vanilla, honey, maple, candy, cocoa, dessert, alcoholic beverage, mint, menthol, wintergreen, herb or spice, or other food or drink.”
There were disagreements over whether the ban supports people of color, who are disproportionately targeted by the marketing of menthol cigarettes, leading to them being more likely to die of tobacco-related diseases. Or, the ban would discriminate against people of color and the LGBTQ community by banning their preferred cigarettes and other menthol tobacco products.
February 5, 2024
North Carolina Launches Juul Document Depository

Credit: Andreykr
The attorney general for the U.S. state of North Carolina announced the launch of an online, searchable public depository that will contain nearly four million documents from the state’s lawsuit against e-cigarette manufacturer Juul Labs.
The depository was created and is being housed by the University of North Carolina at Chapel Hill’s University Libraries (UNC) and the University of California, San Francisco (UCSF). The first 50,000 documents are now available online in the UCSF Industry Documents Library, and additional documents will be added monthly, according to Attorney General Josh Stein.
“We insisted on a publicly accessible database of JUUL’s documents to ensure transparency,” said Stein. “We want people to understand what JUUL did so this never happens again. I’m grateful for the partnership with UNC and UCSF and appreciate their teams’ hard work to bring this document library to life.”
Attorney General Stein sued Juul Labs in 2019 for unlawfully designing, marketing, and selling its e-cigarettes to teenagers. In 2021, he reached a first-in-the-nation settlement with the pod vaping system manufacturer, winning $47.8 million and requiring the company to make significant business changes and publicize many of the documents it had produced during the lawsuit.
The documents include information about Juul Labs’ business practices, research, advertisement, marketing, and sales data, and “they shine a light” on how the company marketed its products to youth. Stein negotiated the release of the documents to help the public and regulators better understand JUUL’s “unlawful business practices” and prevent other companies from being able to follow the same path, the press release states.
“Libraries have deep expertise in managing complex information, along with a strong professional ethos of collaboration,” said María Estorino, vice provost for University Libraries and University Librarian at UNC-Chapel Hill. “This partnership between UNC-Chapel Hill and UCSF is a perfect example of libraries working together to bring vitally important information directly to the public.”
The Juul Labs documents will be cross-searchable with more than 18 million other documents in the UCSF library’s tobacco, opioid, chemical, drug, food, and fossil fuel industry archives.
Stein is also investigating Puff Bar and other e-cigarette manufacturers, distributors, and retailers due to ongoing concerns about flavors, age verification, and marketing.
February 5, 2024
Innokin Eco-Friendly ‘Trine’ Device Coming in March

To help lessen the environmental impact of disposable vapes, vaping manufacturer Innokin is stepping up its efforts to ensure a more sustainable future in vaping. With the introduction of its Trine innovation, Innokin is at the forefront of aligning with initiatives in European regions to tackle the environmental challenges posed by disposable vapes.
Innokin’s new Trine vaping device represents a revolutionary approach with its unique 3-in-1 structure, according to an emailed press release. It moves away from the traditional disposable model and incorporates innovative features that enhance sustainability. The new design focuses on easy recycling and longer device life cycles.
First, the Trine’s design includes a removable battery, facilitating easy recycling and reducing electronic waste. This feature allows the battery to be easily replaced or recycled, much like regular external batteries, thus minimizing the device’s environmental footprint.
The battery endurance of the Trine solution also leads to an enhanced lifespan. Each battery supports over 300 full charge cycles while maintaining more than 80 percent of its original capacity. This translates to a lifespan of up to two years under normal usage conditions, in stark contrast to disposable alternatives that contribute to the rapid accumulation of electronic waste, according to Innokin.
Additionally, the Trine solution incorporates Innokin’s new EcoDrain technology, an eco-safe battery recycling solution. This technology actively addresses the challenges of handling discarded batteries, ensuring their safe and efficient discharge before recycling.
“Innokin’s forward-thinking approach also aligns with the upcoming EU battery regulation, which mandates that all battery-powered devices, including e-cigarettes, must feature batteries that are removable and replaceable by the end user,” the release states.
Innokin plans to launch a new product that uses the Trine solution in March. “This eagerly awaited release represents a significant milestone in their commitment to sustainability and innovation, promising consumers a greener and more eco-friendly vaping experience,” the release states.
For more information about Innokin’s Trine solution and its approach to sustainability, visit https://innokin.com.
February 5, 2024
UK Seized Nearly 10 Tons of Illegal Vapes Last Year

Credit: Mary
The number of illegal vapes seized at the border quadrupled last year as UK authorities wrestle with unlicensed imports amid a surge in youth vaping. More than 4.5 million vapes weighing nearly 10 tons were seized over the last 12 months, four times more than in 2022.
The figures were released to the BBC after a Freedom of Information (FOI) request. The government is soon to announce new rules for the industry, including a possible ban on disposable vapes.
Figures released to the BBC in response to an FOI request show that Border Force seized just 4,430 vapes in 2021, rising to 988,064 in 2022 and 4,537,689 from Jan. to Oct. 2023.
Unlike legal vapes, illegal e-cigarettes are not registered with the Medicines and Healthcare Products Regulatory Agency and do not pass through quality control processes, so they may contain harmful chemicals. And retailers prepared to flout product rules may not be scrupulous about observing the ban on selling to under-18s
A Home Office spokesperson said the government would “not tolerate the sale of illegal products and… harmful goods, such as illegal or counterfeit vapes”.
February 5, 2024
Columbus, Ohio Vows to Sue State Over Flavor Ban

Ohio State House in Columbus (Credit: Mandritoiu)
The City of Columbus is drafting a lawsuit against Ohio for the legislature’s recent decision to ban cities from regulating tobacco sales, continuing a long battle between state and city government officials.
Last week, the Ohio Senate followed the House’s lead and voted to override Gov. Mike DeWine’s veto on a provision prohibiting local governments from enacting regulations on the sale of tobacco, including banning flavored tobacco products, according to media reports.
Starting on April 24, when the law goes into effect, cities with flavored tobacco bans will no longer be able to enforce the legislation. Columbus, Grandview Heights, Worthington and Bexley will be among the cities barred from enforcing their flavored tobacco bans.
Columbus City Attorney Zach Klein is now looking to file a lawsuit in response to the veto override.
“The governor was right to veto legislation undermining local efforts to reduce tobacco use and long-term adverse health effects, especially among young people,” Klein said. “Now that Republican lawmakers have chosen to override the governor’s veto, the City is weighing all options, which certainly includes filing a lawsuit challenging this legislative overreach.”
Klein said his office must defend the Ohio Constitution’s home rule authority, which has existed for more than 110 years. Municipal home rule grants cities the constitutional right to establish laws; as long as a rule or regulation doesn’t interfere with the laws in the Ohio Revised Code, cities have the right to make their own policies.
Republican state lawmakers have tried multiple times to prohibit local governments from restricting the sale of tobacco, only to be thwarted by DeWine’s vetoes.
In 2022, he struck down such a proposal. Last July, he struck the provision from the rest of the state budget, saying that local bans were “essential” to curb nicotine use, especially among children, without a statewide ban in place.
February 4, 2024
Ban Forces Chill Brands to Pivot From Disposables

Callum Sommerton, CEO of Chill Brands Group, told media outlets that his company is already pivoting towards a post-disposable product landscape after the UK government announced its plans to ban disposable vaping products.
Sommerton highlighted the company’s focus on compliance and innovation, emphasizing its development of a fully compliant, reusable pod system, which is being accelerated in response to the proposed regulations.
Sommerton also raised concerns about the potential unintended consequences of the ban, such as the growth of a black market for disposable vapes and a possible resurgence in tobacco use, in media reports. Citing studies and opinions from health and industry organizations, he argued for regulation over outright prohibition.
“The government’s ban, or proposed ban, I should say, is frustrating but not entirely surprising. We have prepared ourselves. At this stage, we don’t exactly know what the ban will specifically include or not include,” Sommerton said. “We can take a good guess at that, but this is, at the moment, policy and PR as opposed to draft legislation.
“So, we will have to wait and see. But that being said, regardless, we are already starting to, if we hadn’t already, pivot ourselves and position ourselves within the market for a post-disposables landscape, which we’re now sort of careering towards.”
The new rules are expected to provide retailers with a six-month moratorium once any prohibition occurs. Sommerton said there is a clear opportunity to bring to market a product that is compliant, reusable, rechargeable, and contains a degree of novelty.
“That novelty for us focuses on actually helping people quit nicotine and tobacco rather than just keeping them hooked in a cycle of addiction. We’ll be revealing much more about the products that we intend to place on the market in due course,” he said. “But beyond that, I do think this is a sort of watershed moment for the industry, albeit the government’s measures are likely to have the unintended consequence of supporting a black market in disposable vapes.
“In the legitimate market, I fully anticipate that we will see certain brands that are perhaps only interested in turning a quick buck and moving on, leaving the market, while those that are interested in longevity, building a business, and building a brand will stay in place.”
February 4, 2024
UK Flavored Vape Ban Likely to Become Law

Credit: Mapix
Proposals to ban disposable vapes and gradually phase out the sale of tobacco to people of all ages in the UK are likely to become law soon. Only a few Conservative MPs have objected to the plans, so they are expected to pass with little opposition.
Both measures will be voted on in parliament, Downing Street confirmed. While Conservative MPs will be given a non-whipped free vote on the smoking ban, it remains to be decided whether this will also happen for vaping products.
The ban on disposable vapes, along with action to combat the sale of some child-friendly, fruit-flavored varieties and restrictions on packaging and in-shop displays, would come into force late this year or in early 2025 via a mixture of a bill and secondary legislation, according to media reports.
The already announced ban on selling tobacco products to anyone born on or after Jan. 1, 2009 will also be introduced as a law, potentially in the same bill as that connected to vaping.
Although Labour is likely to back both measures, meaning they are guaranteed to pass, Sunak might have expected a significant pushback from libertarian-minded Tory MPs. However, only Liz Truss publicly denounced the plans, calling the date-based tobacco ban “profoundly unconservative” and an extension of the “nanny state.”
February 4, 2024
PMI and BAT Settle Patent Infringement Disputes

Photo: ASDF
Philip Morris International and British American Tobacco have settled their ongoing intellectual property disputes relating to heated tobacco and vapor products.
The cigarette makers had been fighting a multi-front patent battle. BAT, which makes Vuse vapes and Glo heated tobacco devices, was ordered to pay PMI millions of dollars after losing one case, while PMI has been blocked from importing its flagship heated tobacco device IQOS into the United States as part of another.
The settlement includes non-monetary provisions between PMI and BAT that resolve all ongoing global patent infringement litigation, encompassing all related injunctions and exclusion orders, and prevents future claims against current heated tobacco and vapor products. The settlement also allows each party to innovate and introduce product iterations.
“We are pleased that this matter has been resolved to the mutual satisfaction of both parties,” said PMI CEO Jacek Olczak in a statement. “There is a clear and growing global desire from adults who smoke to choose from a range of smoke-free products, and we believe continued reduced-risk category innovation can accelerate declines in the harms associated with smoking to the benefit of consumers and public health at large as we continue PMI’s journey to end the sale of cigarettes.”
“This agreement is an important step forward for BAT and all our stakeholders,” said BAT CEO Tadeu Marroco in a statement. “Having already built two £1 billion [$1.28 billion] brands in Vuse and Glo, the potential for their continued impact on tobacco harm reduction is clear. I am delighted that this settlement will allow BAT to focus on developing innovative solutions that provide adult consumers with a greater choice of reduced risk products in support of our ‘A Better Tomorrow’ purpose. By doing so, we will help build a smokeless world for the benefit of consumers, investors and society as a whole.”
February 2, 2024