Tag: e-cigarettes

Imperial Calls for Better Targeted Vape Regulation

Photo: Casimirokt | Dreamstime.com
Imperial Brands has called for a ban on vapes that are deliberately marketed to young people. In its response to the U.K. government’s consultation on “creating a smoke-free generation and tackling youth vaping,” the company argued for stronger enforcement of existing regulation.
Among other provisions, the government’s plan includes a provision that would make it illegal for anyone born on or after Jan. 1, 2009, to ever legally buy cigarettes, and a ban on disposable vapes.
“As the owner of the blu vape brand, we share the government’s concerns about the rise in youth vaping and call for a reform of vape flavor names and a ban on packaging that deliberately appeals to under-18s,” Imperial Brands wrote on its website.
However, Imperial also noted that vaping has played a key role in reducing U.K. smoking levels to the lowest on record, referring to Public Health England’s finding that e-cigarettes are around 95 percent less harmful than normal cigarettes.
“If a ban on disposable vapes is introduced—which more than half of adult vapers use—it could easily drive some nicotine users to return to cigarette smoking and reverse the positive downward trend,” Imperial wrote.
The proposed generational tobacco ban, meanwhile, would be unworkable and unenforceable, according to the company. “The prohibition of tobacco products won’t deter tobacco users from smoking; rather, it will increase the already flourishing illicit trade—as was the case in South Africa when the government outlawed the sale of tobacco products during Covid—and lead to a decline in government revenues. Last year, receipts from tobacco duty contributed £10 billion [$12.52 billion] to the public purse,” Imperial wrote.
“The government’s intention to put the U.K. on a path to a smoke-free future is one we all share; however, a generational smoking ban, coupled with a ban on disposable vapes, risks undermining the country’s progress,” said Oliver Kutz, general manager U.K. and Ireland at Imperial Brands.
“It is clear that prohibition does not reduce tobacco consumption; rather, it creates an illicit market, fuels organized crime and presents a real danger to retailers. Removing disposable vapes, the most widely used harm reduction alternative in the U.K., at the same time as prohibiting legitimate tobacco sales is illogical and counterproductive.
“If the U.K. wants to continue on its journey to reduce smoking whilst preventing the rise of youth vaping, greater enforcement of the current regulations at the point of sale is imperative. The introduction of a retailer licensing scheme, alongside Fixed Penalty Notices for breaches, would deter retailers from selling to under-18s, ensuring a crackdown on youth vaping that does not risk existing vapers reverting to smoking.”
December 13, 2023
Argentina Urged to Repeal Recent E-cigarette Ban

Image: simonmayer
The Argentinean vapers’ association, Asovape Argentina, and the World Vapers’ Alliance have sent an open letter Argentina’s recently elected president, Javier Milei, calling for the repeal of the National Administration of Medicines, Food and Medical Technology Provision 3226/2011 banning the commercialization of e-cigarettes.
The provision banned the import, distribution, marketing, advertising and promotion of e-cigarettes. It went into effect May 6, 2011.
The letter explains that numerous studies conducted since the ban took effect have demonstrated the significantly lower risk profile and the usefulness of e-cigarettes for smoking cessation as well as the low health risk of nicotine. The signatories also argue that the ban is incompatible with respect for the individual freedom of Argentinian adults and the rights to free development of personality, information and health of users and smokers.
“The ban violates the rights and freedoms of Argentine adults and should be repealed,” said Juan Facundo Teme, president of Asovape Argentina, in a statement. “The state is not the one to tell Argentines how to consume nicotine and should respect the decisions of individuals who choose to vape in order to consume it in a less harmful way. Moreover, all the arguments on which the ban was based have been disproved.”
Argentina has a smoking rate of 24.5 percent, the second highest in Latin America and one of the highest in the world.
“Smoking is a huge problem for Argentina, and the ban has only exacerbated it,” said Teme. “It spreads the misconception that vaping is the same or worse than smoking, makes it difficult for millions of smokers to switch to a safer alternative and has pushed thousands of vapers back to tobacco. With clear information and proper regulation of vaping, we could reduce smoking rates quickly and significantly.”

Argentina should respect smokers who choose to consume nicotine in a less harmful way.
Alberto Gomez Hernandez, policy manager, WVA
“Argentina is one of the most restrictive countries on vaping in the whole region and consequently has one of the highest smoking rates,” said Alberto Gomez Hernandez, policy manager of the World Vapers’ Alliance. “It is second only to Chile, which has just passed a law regulating vaping to allow adults to use it to quit smoking, as Brazil is also working to do. Argentina should not lag behind and should respect smokers who choose to consume nicotine in a less harmful way.”
Michael Landl, director of the World Vapers’ Alliance, added, “Argentina’s approach to vaping is outdated and irreconcilable with upholding the individual freedom of consumers. Argentina now has a great opportunity to take the lead and adopt the approach of countries like Sweden or the U.K., which respect users’ right to choose while improving public health. Sweden is on the verge of becoming the first smoke-free country thanks to this approach, and the U.K. is reducing its smoking rate rapidly. We encourage President Milei and his government to follow these examples. Vaping is not a crime and should be legalized immediately.”
December 13, 2023
FDA Says Next PMTA Update to Come in January

Credit: F Armstrong Photo
The U.S. Food and Drug Administration stated in prior status reports for its premarket tobacco product applications (PMTAs) that the agency would complete a review of 100 percent of the applications by the end of 2023.
The agency is now estimating that completion of the reviews may be delayed as the FDA considers the D.C. Circuit’s opinion in Fontem US v. FDA, affirming in part and vacating and remanding in part marketing denial orders for certain vaping products.
The regulatory agency is under court order to file regular status reports on the agency’s review of pending PMTAs for new tobacco products that were on the market as of Aug. 8, 2016.
For such new tobacco products to be lawfully marketed in the United States, the Family Smoking Prevention and Tobacco Control Act requires the FDA to complete a substantive review of the PMTA for each new tobacco product and issue a marketing granted order authorizing the sale of the product.
The court order stems from litigation filed by health groups against the FDA seeking a court-imposed deadline for finalizing the review of the PMTAs that were filed with the agency by Sept. 9, 2020.
The court-imposed deadline to complete the agency’s review was originally Sept. 9, 2021, which the FDA was unable to meet due to the extremely large number of PMTAs filed by manufacturers.
The most recent and FDA’s seventh status report was filed on Oct. 23, 2023, according to media reports. Specifically, in these reports, the FDA provides an update on the progress to finalize the agency’s review of pending PMTA “covered applications.”
A “covered application” is for new electronic cigarette/vapor products that were on the market as of Aug. 8, 2016, which had a PMTA filed with the FDA by Sept. 9, 2020, are sold under the brand names of Juul, Vuse, Njoy, Logic, Blu, Smok, Suorin, or Puff Bar, and reach 2 percent or more of the total retail sales volume in NielsenIQ’s various retail e-cigarette sales reports.
According to the FDA’s Oct. 23 status report, the agency has completed its review of 69 percent of the 186 pending covered applications.
The FDA states that it will file the next status report with the court by Jan. 22.
December 11, 2023
Mexico’s Supreme Court Says Vape Ban is Illegal

The Supreme Court of Justice of the Nation (Credit: Fernando)
Mexico’s Supreme Court of Justice has ruled that the presidential decree banning the sale of e-cigarettes is unconstitutional.
The court’s Second Chamber ruled by three votes in favor that the decree is contrary to the right to freedom of commerce.
The ruling only permits those retailers who were parties to the case to sell e-cigarettes.
In an en banc decision, the full Supreme Court of Justice of Mexico found the interpretation of Article 16(VI) banning e-cigarettes unconstitutional; however, this ruling does not automatically toss out the ban on e-cigarettes under Art. 16(VI).
Instead, if a retailer wants to sell e-cigarettes, he/she must bring a court case to declare the unconstitutionality of the ban in his/her specific case.
Thus, for now, e-cigarettes remain prohibited.
Alberto Gómez Hernández, policy manager of the World Vapers’ Alliance, said he welcomed the decision of Mexico’s High court, adding that the decree violates the right to freedom of trade of the companies, but also the right to health and the free development of the personality of Mexican adults. “Mexicans should be free to decide how they consume nicotine,” he said in an emailed release.
The declaration of unconstitutionality was carried out in an amparo lawsuit – a type of lawsuit in Mexico through which a company can seek legal protection or permission not to abide by regulation that violates its rights.
The general ban will stay in place since the ruling applies only to that specific case and business, yet it shows that even Mexico’s highest court agrees that a ban on vaping products is unconstitutional.
“Although the ruling does not establish jurisprudence, we hope that the government or the judiciary will reverse the ban soon,” said Gomez. “The ban has failed, it has aggravated the public health problem of smoking in Mexico and has created a huge black market controlled by mafias.
“Mexico needs to abandon the ban and adopt a strategy that includes the use of less harmful nicotine products as a smoking cessation tool. It should follow the example of Sweden, which is about to become the first smoke-free country, and the UK, which promotes the use of vapes to quit smoking.”
December 11, 2023
U.S. Lawmakers Seek Action Against Elf Bar Sales

U.S. House lawmakers are demanding information from federal officials on what they are doing to stop the recent influx of kid-appealing electronic cigarettes from China.
Members of a new congressional committee on U.S.-China relations sent the request last week to U.S. Justice Department and Food and Drug Administration leaders, calling attention to “the extreme proliferation of illicit vaping products.”
The letter cites the Associated Press reporting on how thousands of new disposable e-cigarettes have hit the market in recent years, mostly manufactured in China and sold in flavors like watermelon and gummy bear.
In May, the agency called on customs officials to block imports of Elf Bar, a small, colorful vaping device that is the No. 1 choice among teenagers.
The media has reported that the company behind Elf Bar has been able to evade the ban by simply renaming its products, which remain widely available in convenience stores and vape shops.
“We ask you to work with the Customs and Border Protection to address this urgent problem with all due speed,” states the bipartisan letter from 12 members of the committee, including Chairman Rep. Mike Gallagher, and Rep. Raja Krishnamoorthi.
The special committee was established early this year to counter Chinese policies that can damage the U.S. economy. Tensions between the two countries have been rising for years, with both China and the U.S. enacting retaliatory measures on imports.
December 11, 2023
January 1: New Vape Retailer Rules in Texas Begin
A Forever Vapes store in Pearland, TX, USA. (Credit: JHVEPhoto)
Beginning Jan. 1, 2024, it will be a crime in Texas to market, advertise, sell or cause to be sold an e-cigarette product in certain containers that are designed to appeal to minors.
“It is illegal to sale e-cigarettes to minors — these products are dangerous and most contain nicotine, heavy metals and cancer-causing materials — yet these products are intentionally designed to attract minors,” Texas Comptroller Glenn Hegar said. “Texas has taken action to deal with this kind of deceptive marketing and I greatly appreciate the partnership with retailers across this state to help us protect one of our most vital resources: our children.”
House Bill 4758 states any person commits a Class B misdemeanor that can lead to civil and criminal penalties if they market, advertise, sell or cause to be sold an e-cigarette product and the product’s container meets any of the following criteria:

depicts a cartoon-like fictional character that mimics a character primarily aimed at entertaining minors;
imitates or mimics trademarks or trade dress of products that are or have been primarily marketed to minors;
includes a symbol that is primarily used to market products to minors;
includes an image of a celebrity; or
includes an image that resembles a food product, including candy or juice.
A violation can result in a Class B misdemeanor conviction punishable by up to 180 days in jail, a fine up to $2,000, or both. E-cigarette retailers also can face civil penalties up to $3,000 and a permit suspension or revocation for repeat violations.
The Comptroller’s office and partnering agencies perform inspections for signage and employee compliance concerning the sale, possession and use of cigarettes, e-cigarettes and tobacco products, according to a press release.
December 11, 2023
UK Labour Party Wants ‘Prescription-Only’ Vapes

Credit: IR Stone
The British Labour Party told media representatives it may implement a prescription-only policy for vaping products if they win the upcoming general election, which must take place by January 2025.
The Labour Party has been consistently leading in polls for the past two years.
Wes Streeting, shadow health secretary for the Labour Party and potential choice for health secretary if the party gains a majority in Parliament, is closely monitoring Australia’s recent decision to regulate vaping as a prescription product.
Streeting believes that this policy is partly based on evidence from Australia showing that vaping can lead to smoking.
He also criticizes the vaping industry for promoting itself as a helpful tool for quitting smoking while simultaneously addicting young people to nicotine.
In regards to the industry’s marketing tactics, Streeting says, “We will take strong measures against targeting children, but I also want the vaping industry to return to its initial purpose as a legitimate method for quitting smoking.”
December 8, 2023
UKVIA Petitions Against Possible ‘One-Use’ Vape Ban

The U.K. Vaping Industry Association (UKVIA) has called on smokers, vapers and the wider industry to join a national petition urging the government against banning disposable vapes and flavors.
The petition highlights the potential public health consequences of “excessive and counterproductive legislation” that reduces the effectiveness of vaping as a stop-smoking tool, according to the UKVIA. Blocking access to flavors and disposables could prevent adult smokers from switching from combustible cigarettes, according to the organization.
The UKVIA is directly engaging with its own members, advocacy groups and online communities to encourage consumers to pledge their support to the petition. The UKVIA is also running a major social media campaign to maximize sign-ups and sharing stories from ex-smokers who have switched to vaping.
“The prospect of heavy restrictions or bans on disposables or vape flavors, as being considered as part of the ongoing government consultation, could be the biggest health setback this century and risks undermining years of smoke-free progress,” said John Dunne, director general of the UKVIA, in a statement.
“Under no circumstances should these products end up in the hands of minors, and there is no doubt that preventing youth access to vaping is critical, but this cannot be achieved by sacrificing the stop smoking potential of vaping for adult smokers. The voice of the vaper has gone largely unheard around the government’s consultation, yet they could be the victims of any punitive measures introduced. Therefore, we have created this petition to give a platform to the millions of adult vapers who have quit with the help of disposables and flavors—it is critical that vapers nationwide now come together to collectively warn the government against prohibitive and harmful legislation.”
The new petition was created as part of an ongoing UKVIA campaign to “Save Vaping, Save Lives,” which has also included equipping the association’s members with information to encourage and mobilize vapers to respond to the government’s youth vaping consultation.
December 8, 2023
North Carolina Gets $7.8 Million More From Juul Labs

Credit: Adobe
North Carolina will receive an additional $7.8 million from Juul as part of his first-in-the-nation agreement to hold the e-cigarette maker accountable for its role in marketing and selling e-cigarettes to young people.
In all, the state will receive $47.8 million, said Attorney General Josh Stein in a release. North Carolina has settled its original lawsuit with Juul Labs for $40 million.
“The vaping epidemic is far from over, and these additional funds will help us keep more kids healthy,” said Stein. “Vaping is dangerous to kids’ health, and we must continue to do everything in our power to keep them nicotine-free.”
Stein was the first attorney general in the nation to file a suit against Juul Labs for allegedly sparking a vaping epidemic among teenagers.
His agreement required the company to make far-reaching changes to how Juul Labs conducts business, including not marketing to people under 21, not using social media advertising, and verifying the ages of people who buy its products.
The money from the settlement is being used by the North Carolina Department of Health and Human Services to prevent e-cigarette addiction, help those who are addicted quit, and fund important e-cigarette research.
As part of Attorney General Stein’s agreement, Juul Labs must also make public a large number of documents it produced in the lawsuit.
The first batch of documents from that document depository will be available through a partnership between the University of North Carolina and the University of California, San Francisco in early 2024.
The documents reportedly will shed light on Juul’s marketing and research and will help prevent other companies from using the same playbook.
December 8, 2023
Rumors of U.K. Dropping Generational Tobacco Ban

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The U.K. government may be backtracking on its plans to implement a generational tobacco ban, reports Tobacco Insider. According to the website, Britain may settle instead for raising the legal smoking age from 18 to 21.
Under the proposed legislation, children who turn 14 or younger in 2023 would never be able to legally purchase a cigarette. A public consultation on the plans closed Dec. 6.
Tobacco companies have reportedly been engaging heavily with lawmakers. Earlier this month, Philip Morris International held roundtable events with members of parliament as part of its efforts to ensure that heated-tobacco products are exempt from any future smoking ban.
BAT was reportedly also scheduled to hold a private event on the plans to phase out smoking.
Many libertarian Members of Parliament are said to dislike the idea of government limiting people’s choices.
In November, New Zealand and Malaysia scrapped plans for similar generational tobacco bans.
December 7, 2023