Tag: e-cigarettes

  • Quebec Urged to Crack Down on Flavored Vapes

    Quebec Urged to Crack Down on Flavored Vapes

    Eric Gagnon, Vice-President of Corporate and Regulatory Affairs at Imperial Tobacco Canada, urges the government to buckle down on enforcing its law during the press conference. (Photo: Imperial Tobacco Canada)

    Imperial Tobacco Canada is urging the government of Quebec to crack down on illegal flavored vaping products.

    Three months after the law banning flavors in vaping products came into force, flavored e-cigarettes remain available at a large number of retail outlets that either infringe on the law or are using a variety of tactics to circumvent the law, according to Imperial Tobacco Canada, which is part of British American Tobacco.

    “We are aware of the growing concern with the proliferation of products that circumvent the regulations, resulting in the creation of an illicit market,” said Imperial Vice-President of Corporate and Regulatory Affairs Eric Gagnon in a statement.

    “We recently identified over 200 sales outlets that sell non-compliant vaping products. These stores have not adjusted to the new regulations and continue to offer a wide range of flavored products, including those that exceed the maximum permitted quantity of 2 ml.”

    According to Imperial, these stores now also sell flavor enhancers as a way to circumvent the new regulation. “Given that these enhancers are not intended to be vaped, they can pose serious risks to consumers who use them,” the company wrote in a press note. “It is also because of a similar illegal market that a wave of lung diseases spread between 2019 and 2020 in the U.S., claiming 68 lives.”

    Imperial says that instead of meeting its objective of tackling vaping among young people, the government has created a thriving illicit market.

    During a Jan. 21 appearance on the talk show Tout le monde en parle Health Minister Christian Dubé blamed tobacco companies for the situation.

    Imperial Tobacco Canada said it strongly refutes the allegations. “As a responsible company that fully complies with the regulations in place, we denounce these abuses and reiterate our call for stronger enforcement of the law,” said. Gagnon. “We warned the minister’s office several months ago about the inevitable collateral damage that would result from such a regulation being implemented. Unfortunately, nothing was done, and the situation persists as a result.”

  • U.S. FDA Warns 14 More Sellers of Flavored Vapes

    U.S. FDA Warns 14 More Sellers of Flavored Vapes

    Credit: Chris Titze Imaging

    The U.S. Food and Drug Administration has again issued warning letters to several small business owners for selling flavored disposable vaping products.

    The regulatory agency issued letters to 14 online businesses for selling unauthorized e-cigarette products. The warning letters cite the sale of disposable e-cigarette products marketed under brand names, including Elf Bar/EB Design, Lava Plus, Funky Republic/Funky Lands, Lost Mary, Cali Bars, Cali Plus, and Kangvape.

    “These warning letters were informed by FDA’s ongoing monitoring of multiple surveillance systems to identify products that are popular among youth or have youth appeal, an agency press release states. “Findings from the 2023 National Youth Tobacco Survey found that more than 50 percent of youth who use e-cigarettes reported using the disposable e-cigarette brand Elf Bar; in 2023, the manufacturer of Elf Bar began marketing the product under the name EB Design.”

    In addition, the brands Lava Plus, Funky Republic/Funky Lands, Kangvape, Cali, and Breeze were identified as popular or youth-appealing by the agency following a review of retail sales data and emerging internal data from a survey among youth, according to the agency.

    Retailers receiving warning letters sold or distributed e-cigarette products in the United States that lack marketing authorization from the FDA violate the Federal Food, Drug, and Cosmetic Act.

    Warning letter recipients are given 15 working days to respond with the steps they will take to correct the violation and to prevent future violations. Failure to promptly correct the violations can result in additional FDA actions such as an injunction, seizure, and/or civil money penalties.

    As of Jan. 30, 2024, FDA issued more than 440 warning letters and 88 CMPs to retailers for the sale of illegal e-cigarettes, including through a series of nationwide inspection efforts of brick-and-mortar retailers, according to the release.

    Earlier this week, the FDA issued complaints for civil money penalties (CMPs) against 21 brick-and-mortar retailers for selling unauthorized Esco Bars e-cigarettes.

    In a press release, the agency stated that it had previously issued each retailer a warning letter for their sale of unauthorized tobacco products. However, follow-up inspections revealed that the retailers had failed to correct the violations.

    The agency now seeks the maximum penalty of $20,678 from each retailer.

  • FEELM Launches Disposable Charge-Free Vape

    FEELM Launches Disposable Charge-Free Vape

    FEELM, a vaping industry leader in closed-system products, has launched the world’s first charge-free disposable vaping system. The new Power Alpha 2.0 solves the problem of needing repeated charging in the large puff vapes currently popular on the market.

    FEELM started developing the charge-free battery technology that can empower large-puff vapes as early as 2022. The previous version of the company’s original Power Alpha technology could only support 6,000 puffs without charging.

    The upgrade more than doubles the count to 15,000 puffs, according to an emailed press release.

    FEELM states that the Power Alpha 2.0 also solves the issues of decaying tastes in cotton mesh coils, realizing consistently true flavors in every puff.

    The Power Alpha 2.0 is equipped with FEELM’s TopPower technology. “Relying on this technology, the energy density of Power Alpha 2.0’s battery cells is 40 percent higher than … products of the same size, making Power Alpha 2.0’s battery cells 40 percent smaller than … products with the same amount of power.

    “The extremely low self-discharge rate is another addition to benefits. A 700 percent lower self-discharge rate compared others on the market, which can lead to a longer shelf life and better support customers’ global market rollout.”

    The Power Alpha 2.0 also uses a unique Mesh constant power solution, leading to a taste that is 300 percent more consistent than other products on the market, according to FEELM.

    “With the substantial increase in the vapor volume and atomization efficiency, Power Alpha 2.0 supports the ability to fully vaporize the e-liquids for richer and fuller flavors, ” the release states. “Experiment data shows that the Power Alpha 2.0 solution’s atomization efficiency has increased by 200 percent along with an increased vapor volume of 49 percent compared to similar products from competitors. The numbers show a very evident advantage.”

  • E-cigarette Smuggling Ring Uncovered in Finland

    E-cigarette Smuggling Ring Uncovered in Finland

    Photo: Kekyalyaynen

    Finnish Customs uncovered a substantial e-cigarette smuggling operation in Helsinki, according to The Helsinki Times. The operation involved illicit imports from China.

    Customs officers discovered a shipment of about 1,000 nicotine e-cigarettes during routine inspections at a courier terminal in Helsinki. The suspect had ordered about 1,600 e-cigarettes from China in 2023.

    Finland prohibits importation of vapes through “distant communication methods” like online orders. Penalties can range from fines to imprisonment plus paying back evaded taxes and illicit gains.

    Some people are unaware of the rules, however. “Not all those persons always know that it is illegal to order and distribute e-cigarettes,” said Marko Laitinen, investigation leader, referring to young people ordering e-cigarettes. “Once you get caught doing that, it always entails criminal liability.”

  • Pax Labs Files Patent Lawsuit Against Stiizy, ALD

    Pax Labs Files Patent Lawsuit Against Stiizy, ALD

    Credit: Stiizy

    Pax Labs Inc. has filed a lawsuit against the vape brand Stiiizy Inc. and its manufacturer ALD Group Ltd. for allegedly infringing four patents with vape pens they make and sell.

    Stiiizy and Hong Kong-based ALD make vaporizing devices, including a cartridge and battery, that utilize methods similar to Pax Labs’ patents, according to separate complaints filed Monday in the US District Court for the Central District of California, according to media reports.

    Pax Labs said the companies infringed U.S. Patent Nos. 11,369,756, 11,369,757, 11,766,527, and 11,759,580, which deal with methods for leak-resistant vaporizer cartridges and apparatuses.

    The patents are all labeled as a “Leak-resistant vaporizer device.”

  • Sunak Asked to Reconsider UK Disposables Ban

    Sunak Asked to Reconsider UK Disposables Ban

    Photo: Lumos sp

    The U.K. Vaping Industry Association sent a letter to U.K. Prime Minister Rishi Sunak to “express profound dismay and disappointment” that the government decided to proceed with a disposable vape ban.

    “This decision jeopardizes the significant progress made in reducing smoking rates in the U.K. and poses a threat to the well-being of millions of adults who have successfully quit smoking with the help of vaping,” the letter reads.

    “We urge the government to reconsider the ban on disposable vapes and adopt a more balanced approach that prioritizes effective enforcement over draconian bans,” the letter says. “A distributor and retailer licensing scheme, as proposed to government repeatedly by the UKVIA, would achieve such an outcome without any cost to the taxpayer.”

  • FDA Issues Civil Penalties to 21 Small Business Owners

    FDA Issues Civil Penalties to 21 Small Business Owners

    Credit: Valiantsina

    The U.S. Food and Drug Administration has issued complaints for civil money penalties (CMPs) against 21 brick-and-mortar retailers for selling unauthorized Esco Bars e-cigarettes.

    In a press release, the agency stated that it had previously issued each retailer a warning letter for their sale of unauthorized tobacco products. However, follow-up inspections revealed that the retailers had failed to correct the violations.

    The agency now seeks the maximum penalty of $20,678 from each retailer.

    The complaints announced today represent the first set of CMPs FDA has filed for the sale of unauthorized Esco Bars e-cigarettes. “These retailers were duly warned of what could happen if they continued selling these unauthorized e-cigarettes,” said Brian King, director of the FDA’s Center for Tobacco Products (CTP). “They should have acted responsibly to correct the violations, but they chose not to do so and now must face the consequences of that decision. FDA won’t sit back and tolerate inaction to comply with the law.”

    Currently, $20,678 is the maximum civil money penalty amount FDA can seek for a single violation from each retailer, consistent with similar CMPs sought against retailers for the sale of unauthorized Elf Bar products in Sept., Nov., and Dec. of 2023.

    The retailers can pay the penalty, enter into a settlement agreement based on mitigation factors, request an extension of time to file an answer to the complaint, or file an answer and request a hearing. Retailers that do not take action within 30 days after receiving a complaint risk a default order imposing the full penalty amount, according to the release.

    “Today’s CMP actions are just the latest in the continued, comprehensive push by FDA to take action across the supply chain to remove unauthorized e-cigarettes, particularly those that are popular among youth, from the marketplace,” the release states. “As of Jan. 30, 2024, FDA has issued more than 440 warning letters and 88 CMPs to retailers, including brick and mortar and online retailers, for selling unauthorized tobacco products.

    “In addition to actions involving retailers, FDA has issued more than 660 warning letters to firms for illegally manufacturing and/or distributing unauthorized new tobacco products, including e-cigarettes.

    “The agency has also filed civil money penalty complaints against 48 e-cigarette firms for manufacturing unauthorized products and sought injunctions in coordination with the U.S. Department of Justice against seven manufacturers of unauthorized e-cigarette products.”

  • Kaival Brands Appeals MDO of Tobacco Bidi Stick

    Kaival Brands Appeals MDO of Tobacco Bidi Stick

    A recent marketing denial order issued for a tobacco-flavored Bidi Stick only applies to one Bidi device. The company, Bidi Vapor, currently has 10 other flavors still in the U.S. Food and Drug Administration’s premarket tobacco product application (PMTA) process.

    Bidi Vapor’s “Classic” tobacco-flavored Bidi Stick ENDS device is the only product affected. Kaival Brands, parent to Bidi Vapor, holds the worldwide license to distribute products made by Bidi Vapor.

    In response to the MDO, Bidi Vapor filed a petition requesting that the U.S. Court of Appeals for the 11th Circuit review the MDO, which Bidi Vapor believes was, among other things, “arbitrary and capricious, in violation of the Administrative Procedure Act.” Bidi Vapor will also be seeking a stay of the MDO pending the outcome of the litigation.

    “Bidi Vapor disagrees with the FDA’s decision and is taking immediate action accordingly,” said Niraj Patel, the founder and CEO of Bidi Vapor and Chief Science Officer and founder of Kaival Brands. “In the meantime, it is important to note that the decision only affects the ‘Classic’ or tobacco-flavored Bidi Stick. The remaining ten Bidi Stick flavors are still under FDA scientific review and remain in distribution in the United States through Kaival Brands, subject to the FDA’s enforcement discretion.”

    Bidi Vapor has a history of successful outcomes when contesting adverse FDA decisions, having received a favorable 11th Circuit ruling in August 2022 that set aside the original MDOs received for its 10 non-tobacco flavored products, according to a press release.

    “While we are disappointed with the FDA’s decision, we are in close contact with Bidi Vapor and laser-focused on selling the Bidi Vapor products that we are permitted to,” said Barry Hopkins, executive chairman of Kaival Brands. “Like Bidi Vapor, we are fully committed to the legal and responsible use of our products. Moreover, we are committed to increasing Kaival Brands’ revenues by strengthening our existing business and also diversifying our product portfolio, as evidenced by the intellectual property we acquired in May 2023 from GoFire, Inc.”

  • New United Kingdom Vape Rules to Ban Disposables

    New United Kingdom Vape Rules to Ban Disposables

    Photo: Mikhail Reshetnikov

    The U.K. will ban disposable e-cigarettes, the government announced today.

    According to the government, disposable vapes have been a key driver behind the rise in youth vaping, with the proportion of 11 to 17-year-old vapers using disposables increasing almost ninefold in the last two years.   

    As part of the package, the government will also acquire new powers to regulate vape flavors, e-cigarette packaging and product presentation in stores to ensure that they don’t appeal to underage users. Additionally, the government will bring in new fines for shops in England and Wales that sell vapes illegally to children. Vaping alternatives, such as nicotine pouches, will also be outlawed for underage consumers.

    In its announcement of the new measures, the government also reiterated its commitment to a generational tobacco ban. To help implement the new rules, government agencies such as the Border Force, Revenue and Customs and Trading Standers will receive £30 million ($38.1 million) in new funding a year.

     “As prime minister I have an obligation to do what I think is the right thing for our country in the long term. That is why I am taking bold action to ban disposable vapes—which have driven the rise in youth vaping—and bring forward new powers to restrict vape flavors, introduce plain packaging and change how vapes are displayed in shops,” said ,” said Prime Minister Rishi Sunak.

    “Alongside our commitment to stop children who turn 15 this year or younger from ever legally being sold cigarettes, these changes will leave a lasting legacy by protecting our children’s health for the long term.”

    While action to prevent youth access to vaping is critical, this move smacks more of a desperate attempt by the government to sacrifice vapers for votes ahead of the upcoming general election.

    John Dunne, director-general, UKVIA

    Public health officials welcomed the government’s decision. “We’re delighted that the Westminster government has heard our calls and is rightly prioritizing the health and well-being of our children and the planet,” said Mike McKean, vice president for policy at the Royal College of Pediatrics and Child Health. “Bold action was always needed to curb youth vaping and banning disposables is a meaningful step in the right direction. I’m also extremely pleased to see further much needed restrictions on flavors, packaging and marketing of vapes.”

    Representatives of the vape industry, by contrast, were dismayed, pointing to significant role disposable vapes have played in bringing the U.K.’s smoking rates down to a record low.

    “While action to prevent youth access to vaping is critical, this move smacks more of a desperate attempt by the government to sacrifice vapers for votes ahead of the upcoming general election,” said John Dunne, director general of the U.K. Vaping Industry Association (UKVIA), in a statement.

    “If the government thinks banning disposables will help protect young people, they are completely misguided. This counterproductive legislation will sooner put children at greater risk by turbo-charging the black market and, in turn, making it easier for them to access illicit and noncompliant vapes.”

    Pointing to recent research from University College London, the UKVIA said the answer to youth vaping doesn’t lie in counterproductive bans and restrictions, but rather in effective and proactive enforcement of the law which states that it is illegal for vapes to be sold to minors.

    We can’t have a two-tier society in which some adults are permitted to buy tobacco and others are denied the same opportunity.

    Simon Clark, director, Forest

    The government’s continued commitment to a generational tobacco ban, meanwhile, prompted a strong response from smokers’ rights activists, who said the plan infantilizes adults.

    A new poll for the smokers’ lobby group Forest found that almost two thirds (64 percent) of adults in Britain say that when people are 18 and legally an adult, they should be allowed to purchase cigarettes and other tobacco products.

    “As soon as you are legally an adult you should be treated like one and allowed to buy tobacco, if that’s your choice,” said Simon Clark, director of Forest.

    “We can’t have a two-tier society in which some adults are permitted to buy tobacco and others are denied the same opportunity.”

    Urging Downing Street to step back from the policy, he added:  “Law-abiding retailers will have the difficult job of enforcing this absurd policy that also drives a stake into the heart of traditional Conservative values such as freedom of choice and personal responsibility.”

     

  • Chemular, IGEN Team up to Streamline Compliance

    Chemular, IGEN Team up to Streamline Compliance

    Chemular and IGEN have formed a strategic alliance to create a new Compliance as a Service (CaaS) platform focused on streamlining the burden of compliance to small-sized and medium-sized companies who need turnkey solutions for Prevent All Cigarette Trafficking (PACT) Act, excise tax reporting and registration services.

    “The time and effort required to stay compliant with federal, state and local laws is increasingly burdensome for small-[sized] to mid-sized companies in regulated categories,” said Jason Carignan, chief commercial officer of Chemular, in a statement. “Except for larger players, most companies don’t have a dedicated compliance officer who can ensure every regulatory detail is addressed so their products can stay on the market—especially in industries like ours, where the rules change rapidly. Chemular, now powered by the IGEN backbone, will be able to significantly scale its turnkey compliance service offering to a growing portfolio of tobacco manufacturers and distributors.”

    In addition to saving time, utilizing the new CaaS platform can provide regulated companies with many other benefits, according to a company press release, including: streamlined remittance and reporting for excise tax, PACT Act, state registrations, and license capture; optimized growth opportunities by allowing employees and leadership to focus on what they do best: developing products and services; avoiding penalties with scaled compliance efforts that easily adapt to new markets with potentially different laws and regulations as the company grows; and reducing risk by monitoring real-time data and evolving regulations while establishing automated procedures that can minimize errors and detect fraud.

    Failure to adhere to compliance guidelines can be costly for companies, leading to large fines and expensive sanctions, regulatory scrutiny and loss of trust in the marketplace. In some cases, noncompliant companies can have their products removed from store shelves, giving space to competitors who were able to better adjust to changing regulations.

    “Compliance can be a long-term strategic advantage, yet most emerging businesses don’t have the resources and expertise to keep up with the growing complexity in regulatory requirements,” said Ryan Padget, president of IGEN. “We’re excited to bring our technology to Chemular, whose clients are regularly faced with regulatory hurdles, like PACT and excise tax reporting. This is just the beginning for our partnership—one that we see as a win for the industry as a whole.”

    Along with this announcement, the Chemular and IGEN teams will be appearing at the tobacco industry’s largest trade show, TPE24, providing resources and education to the show’s retail attendees. Chemular will be hosting the “Fortify Your Future” educational sessions of the show from Jan. 30, 2024, to Jan. 31, 2024, and will be available to speak with attendees at their second-floor meeting room located next to the educational session.

    Companies interested in becoming compliant or streamlining their current processes can visit www.chemular.com for more information.