Tag: e-cigarettes

  • Australia Extends Graphic Warnings to Vape Devices

    Australia Extends Graphic Warnings to Vape Devices

    Potential new graphic health warnings as envisioned by Australia’s Department of Health and Aged Care

    Australia will extend the requirement for manufacturers to print graphic health warnings on tobacco products to e-cigarettes, according to reports by CityNews and News. Manufacturers have until April 1, 2024, to roll out “repulsive” new health warnings on cigarette and vape packets. Retailers will be given a further three months to update their stock as new warning labels are gradually rolled out.

    On Dec. 7, the country’s federal parliament passed a law with measures to discourage smoking and vaping. Among other provisions, the legislation updates the health warnings on cigarette packages, standardizes the design and appearance of cigarette filters and applies tobacco advertising restrictions to vapor products.

    Earlier, Australia had announced a ban on single-use vapes that will take effect at the start of 2024. Starting in March, it will also be illegal to import or supply vapes that don’t comply with standards from the medical regulator. Doctors and nurses would still be able to prescribe therapeutic vapes as a tool to help smokers quit.

    Health Minister Mark Butler said the new smoking laws would save lives.

    “Tobacco has caused immeasurable harm and cost us countless lives in this country,” he told parliament. “We can’t stand by and allow another generation of people to be lured into addiction and suffer the enormous health, economic and social consequences.”

    About 20 percent of Australian 18-year-olds to 24-year-olds vape while about one in seven 14-year-olds to 17-year-olds use the product.

  • Study Finds Young Kiwis Support Generational Ban

    Study Finds Young Kiwis Support Generational Ban

    Image: Nikolay

    Most young New Zealanders support the law to progressively ban smoking, which was recently abandoned, reports RZN, citing the results of an international study.

    The new coalition government plans to repeal changes to the Smokefree Environments and Regulated Products Act that would have barred the sale of cigarettes to anyone born after 2009, among other measures.

    A Canadian-based international study shows 79 percent of New Zealanders aged 16 to 29 favored the ban.

    A similar share supported a reduction in the number of shops which could sell tobacco, while 68 percent wanted manufacturers to have to take nicotine out of cigarettes.

    The International Tobacco Control Policy Evaluation Project investigates attitudes to smoking across several countries. The most recent research was supposed to provide a baseline for New Zealand before the law came into effect.

    “Our overseas colleagues are incredibly disappointed and devastated as we are because the tobacco research world has been really looking to New Zealand,” said co-author Jude Ball from Otago University.

    By contrast, the Coalition of Asia Pacific Harm Reduction Advocates (CAPHRA) expressed its support for the decision to repeal the generational tobacco ban.

    “CAPHRA applauds the government’s decision to prioritize harm reduction strategies,” said the group’s executive coordinator, Nancy Loucas. “We believe that vaping and other harm reduction tools can play a significant role in helping smokers quit, and we are pleased to see the government recognizing this.”

    The organization said it also shares the government’s concerns about the potential for a black market to develop if the sale of tobacco is overly restricted. 

    “A regulated market is always preferable to an unregulated one, where product safety cannot be guaranteed,” Loucas added.

     

  • Michigan Bill Seeks to Ban Flavored Vaping Products

    Michigan Bill Seeks to Ban Flavored Vaping Products

    Credit: Spirit of America

    The U.S. Food & Drug Administration has not yet officially banned flavors in vaping and other tobacco products. Now, states are working towards banning the controversial products themselves. Michigan is next on the list.

    Last month, S.B. 649 was introduced in the Michigan Senate. The bill calls for the ban of the sales of flavored vaping and other tobacco products, defined as any product that has or is marketed as having a characterizing flavor other than tobacco.

    The bill would ban the sale of products packaged in ways that “indicate, explicitly or implicitly, that the nicotine or tobacco product has characterizing flavor.”

    That bill would not exempt flavored cigars, though it does carve out an exemption for flavored hookah tobacco intended for on-site consumption.

    If passed, retailers caught violating the rule would be subject to the following fines:

    • First violation within 36 months: a fine of up to $1,500
    • Second violation within 36 months: a fine of $2,000 and a 30-day suspension of a license
    • Third violation within 36 months: a fine of $2,500 and a one-year suspension of a license
    • Fourth violation within 36 months: a fine of $3,000 and a revocation of a license

    If the bill passes, a new fund would be created for compliance checks.

    California and Massachusetts are the only two states with flavored tobacco bans.

    According to a study by the New England Convenience Store and Energy Marketers Association, excise tax lost income in Massachusetts from selling fewer menthol cigarettes alone amounted to $62 million in the first six months of the ban. No specific figures were given for electronic nicotine delivery systems in the release.

  • FDA Files Civil Money Action Against 25 Retailers

    FDA Files Civil Money Action Against 25 Retailers

    Credit: FDA

    The U.S. Food and Drug Administration announced it has filed civil money penalty (CMP) complaints against 25 brick-and-mortar and online retailers for selling unauthorized Elf Bar, EB Design and other e-cigarette products.

    In a press note, the FDA stated that it had previously warned each retailer in the form of a warning letter to stop selling unauthorized tobacco products. During follow-up inspections, the agency observed the retailers had not corrected the violations, resulting in civil money penalty actions. 

    The complaints seek the maximum civil money penalty of $19,192 for a single violation from each retailer. 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 the complaint risk a default order imposing the full penalty amount.  

    Today’s actions bring the total number of CMPs filed against retailers for the sale of unauthorized e-cigarettes up to 67.

    Previously, in September, and then again in November, FDA sought CMPs for similar amounts against 42 brick-and-mortar retailers across 18 states for the sale of unauthorized Elf Bar products. Today’s actions include retailers from 14 states and, for the first time, include cases against online retailers.

  • Ireland: Implementing New Vape Tax ‘Challenging’

    Ireland: Implementing New Vape Tax ‘Challenging’

    Inside a local vape shop in Killarney, Ireland. (Credit: Timothy Donahue)

    Ireland’s Finance Minister Michael McGrath has said introducing a new tax on vapes will be “challenging” to implement.

    The country’s government intends to apply the levy on e-cigarettes as part of a public health response to vaping.

    “A domestic tax will require significant IT, administrative, control, and compliance costs,” McGrath said.

    The proposed tax on both vapes and e-cigarettes had first been flagged in Budget 2024 speeches when Mr McGrath cited the ongoing delays to EU directives on tobacco products, reports the Irish Examiner.

    “While the implementation environment is challenging, it does not undermine the intention to apply a tax as one tool in the overall public health policy approach to e-cigarettes,” the finance minister said in response to a parliamentary question from Fianna Fáil TD Paul McAuliffe.

    “Most excise taxes in Ireland are governed by EU legislation and this helps to reduce compliance and administrative costs,” McGrath said. “As e-cigarettes are not harmonized excisable products, the Revenue Commissioners will be unable to use existing movement controls and tax warehousing for tax collection purposes.”

    McGrath confirmed that the e-liquid within vapes will be the primary component that is levied.

  • Study: Adult Vapers Rely on Flavors and Disposables

    Study: Adult Vapers Rely on Flavors and Disposables

    Photo: Atlas

    New industry figures, collected by online vape retailers representing around 43 percent of the U.K. market, have revealed that significant numbers of older adults are users of disposable and flavored vapes, which are the focus of a government consultation to address the issue of youth vaping that will close on Dec. 6.

    The industry warns that any moves to ban single use vapes and flavors, which have been key drivers in the decline of smoking to record low levels in the U.K. over the last two years, will have catastrophic consequences for the nation’s public health and will effectively end any chance of creating a smokefree generation in the near future.

    The data collected from the last quarter sales by four of the country’s leading online retailers, representing nearly a quarter of the U.K. market, revealed that:

    • The most popular flavor category amongst middle-aged adults (35-44 and year olds) was “fruit” flavors, followed “treats and desserts”
    • Highest proportion of tobacco flavor use is in the over-55 age category
    • Menthol flavors and tobacco flavors are significantly less popular amongst middle-aged adults
    • The average age of adult disposable users is 39

    The latest adult vaping statistics follow a survey conducted by One Poll earlier this year, which revealed that 83 percent of vapers said that flavors helped them quit smoking, with one in three saying that a ban on them would lead them back to conventional cigarettes, which would represent around 1.5 million former smokers.

    Why should 4.5 million adults who have spent years trying to kick a habit that kills some 250 people a day, and have managed to do so through vaping, be at risk of having their lifeline taken away?”

    John Dunne, director, UKVIA

    “These statistics show what we in the industry already know—that the very flavors and single use vapes that are now under scrutiny by the government as it looks to tackle youth vaping are a lifeline for former adult smokers,” said Dan Marchant, co-owner of online retailer Vape Club, which contributed to the demographic sales data.

    “The legitimate vaping industry completely recognizes the need to deal with youth vaping but it shouldn’t involve any wholesale bans, as this will affect the adults who depend on them. There is already a ban on vapes for under 18 year olds as it is illegal for retailers to sell devices to minors. That’s why the industry is calling for greater enforcement of the existing law, on-the-spot fines of up to £10,000 ($12,631) per offence and the introduction of a retail licensing scheme to weed out the rogue traders.”

    “Why should 4.5 million adults who have spent years trying to kick a habit that kills some 250 people a day, and have managed to do so through vaping, be at risk of having their lifeline taken away?” asked UKVIA’s Director General John Dunne.

    “If the government goes down the path of banning single use vapes and/or flavors a return to smoking amongst current vapers will be very much on the cards, bringing with it catastrophic consequences for the public health of the nation and wrecking any chances of the government’s smoke free ambition.  The only winners from any potential bans on the vaping industry are the tobacco industry and illicit markets, something that no one in their right mind wants to see.”

     

  • France Takes First Steps to Ban Disposable Vapes

    France Takes First Steps to Ban Disposable Vapes

    Credit: Stockbym

    France is moving forward with a ban on disposable vaping products. The country’s National Assembly unanimously approved a bill to ban single-use electronic cigarettes because of the product’s environmental impact and tendency to be used by youth.

    Lawmakers adopted the bill in a late-night vote on Monday by 104 in favor and zero against.

    The bill, supported by the government, will now move to the Senate where it is expected to be adopted. It could go into effect by September 2024, reports ABC News.

    This bill is part of a broader trend. The UK, Ireland, and Germany are considering similar measures.

    New Zealand and Australia have already implemented restrictions, with the former mandating lower nicotine levels and restrictions on vape shop locations near schools.

  • DOJ Injunction Filed Against Vape Junkie for Illicit Vapes

    DOJ Injunction Filed Against Vape Junkie for Illicit Vapes

    Credit: Egokhan

    The U.S. Department of Justice (DOJ) today filed a complaint for a permanent injunction against Jessica M. Fitzgerald and Michelle L. Allen doing business as Vape Junkie Ejuice (Vape Junkie Ejuice) for “manufacturing, selling, and distributing unauthorized e-cigarette” products.

    The injunction was filed on behalf of the U.S. Food and Drug Administration.

    The move represents the seventh time FDA has initiated injunction proceedings to enforce the Federal Food, Drug, and Cosmetic Act’s (FD&C Act) premarket tobacco product review requirements for new tobacco products.

    The FDA previously warned Vape Junkie Ejuice that they were in violation of the FD&C Act’s premarket review requirements for new tobacco products by manufacturing, selling, and distributing new tobacco products without first obtaining marketing authorization from FDA, according to the FDA.

    The agency’s warning noted that continued violations could lead to further action, including an injunction. However, Vape Junkie Ejuice continued to manufacture, sell, and distribute unauthorized e-cigarette products to consumers, according to the FDA.

    “FDA has been abundantly clear that we will not stand by as bad actors choose to blatantly disregard the law, especially after being duly warned. This manufacturer continued to break the law, and that behavior has consequences.”

    Brian King, director of the FDA’s Center for Tobacco Products (CTP)

    DOJ institutes judicial enforcement actions under the FD&C Act in court. DOJ filed the injunction complaint on behalf of the FDA against Vape Junkie Ejuice in the Middle District of Florida, the manufacturer’s respective U.S. District Court.

    If the injunction is handed down, it would require Vape Junkie Ejuice to stop manufacturing, selling, and distributing their e-liquids. The injunction would also require the manufacturer to obtain marketing authorization from the FDA before marketing such products.

    “Today’s injunction action should be a clear reminder to all manufacturers: If you continue to sell illegal products, we are equipped to use the full force of the law. FDA is committed to working with federal partners, including the Department of Justice, to enforce the law.”

    Ann Simoneau, director of CTP’s Office of Compliance and Enforcement.

    Today’s action is part of the FDA’s comprehensive approach to enforcing the law, according to the agency. Within the past year, the FDA has acted against manufacturers, distributors, importers, and retailers of illegal e-cigarette products.

    As of Nov. 2023, the FDA has issued approximately 640 warning letters to firms for manufacturing and/or distributing illegal e-cigarette products and devices, issued more than 400 warning letters to retailers for the sale of unauthorized e-cigarettes, filed civil money penalty complaints against 36 e-cigarette manufacturers and 42 retailers for manufacture and/or sale of unauthorized products.

  • Smoore to No Longer Support Youth-Friendly Brands

    Smoore to No Longer Support Youth-Friendly Brands

    The largest vaping company in the world, Smoore, says that it will no longer partner with brands that use flavor names, packaging or product designs that are attractive to youth.

    The announcement comes during the U.K. Government’s consultation on e-cigarettes that has a focus on addressing youth vaping currently underway. The consultation closes on Wednesday.

    A press release states that Smoore wants to help end the use of flavor names such as cotton candy, gummy bear, watermelon bubblegum, and blueberry popsicle. Additionally, the company would like to see an end to the manufacturing and sales of “stealth products” which are vaping products designed to mimic school supplies, toys, soft drinks or cartoon characters.

    Smoore has created a list of flavors that it considers youth-friendly and is also creating a vapor flavor detection squad to monitor the market for new flavors that could be considered as being appealing to youth.

    “The vape industry represents the best chance the world has ever seen to eradicate deadly cigarettes and we cannot allow this opportunity to be squandered,” Rex Zhang, Strategy Smoore’s strategy director, said. “Vaping was invented for this very purpose and we need to ensure that it is focussed on the adult smoking market.

    “There is absolutely no place for any vaping product to look like a child’s toy, be shaped like a much-loved cartoon character or iconic children’s game or be filled with liquid called ‘gummy bear, cotton candy, strawberry milkshake or starry violet.”

    Every company under Smoore’s umbrella has been ordered to undertake a root and branch review to ensure that none of its products or customers on the OEM and ODM side of its business could be seen as producing youth-appealing products.

    The list of flavors so far includes:

    • Skittles
    • Rainbow
    • Cotton Candy
    • Donut
    • Gummy Bear
    • Bubblegum
    • Slushy
    • Starburst
    • Pink Pop
    • Ice Cream
    • Milkshake
    • Popsicle
    • Starry Violet
    • Reindeer
    • Snow
    • Christmas
    • Fruit Smash
    • Dr Reptile
    • Sour Patch
    • Oreo
    • Jolly

    If the company finds brand owners with products that Smoore deems to be child-friendly, Smoore will work with the company to take immediate corrective action, however, if no action is taken Smoore could ultimately discontinue all cooperation with the brand.

    The Smoore release also suggested a “no-fly list” to be used by retail and distribution companies around the globe that list the manufacturers of child-friendly products to prevent their products from being sold.

    “We want other companies to follow our lead on this because we have to ensure that we stop young people vaping and we strongly believe that this must happen regardless of what the government ends up doing,” Zhang said. “We cannot squander this opportunity to help secure a smoke-free generation and, in order to do this, we need both the general public and governments on our side.

    “It is only by uniting as an industry from beginning to end and making a clear commitment to doing all in our power to tackle youth vaping that we will be able to achieve this. The UK has always been seen as a world-leading example in fair and proportionate regulation of the vape industry and let’s not give them any reason at all to move from that position.”

    Smoore is also calling for more standardization of product sizes and shapes. The company believes standardization will help create faster “disassembly at waste treatment sites, helping to increase recycling rates of vapes.”

    The company is calling for every batch of disposable vapes and pre-filled pods to be randomly sampled for product compliance with whole batches being rejected if any number of non-compliant products are identified.

    Such measures are necessary to motivate the compliant brands and producers while punishing the offenders,” the release states. “A strict, yet open, marketplace will encourage more innovations in the industry to create products that will serve its job even better with every new generation.”

  • Canopy Growth, Martha Stewart Launch New CBD Line

    Canopy Growth, Martha Stewart Launch New CBD Line

    Credit: CNW Group/Canopy Growth Corporation

    Martha Stewart CBD has launched a line of need-based CBD gummies.

    The new line was developed in response to consumer demand for targeted solutions that address their most common needs: sleep, stress, and the discomfort of aches and soreness, according to press release.

    Each product is formulated with higher levels of CBD and powerful co-active ingredients selected for their known efficacy.

    “I’m often asked how I maintain my energy with such a busy schedule, and for me it’s essential to start each day well-rested, unbothered, and pain-free,” said Stewart, a chef, television personality and entrepreneur. . “I discovered CBD several years ago as a simple, effective, and natural solution to help address the discomforts of everyday life. Having benefited greatly from it myself, I set out to create a delicious and premium line of gummies that taste as good as they make you feel.”

    In partnership with Marquee Brands and Canopy Growth Corporation, Stewart’s new solution-oriented formulations combine “her signature elevated flavor profiles with Canopy Growth’s unique consumer insights” and industry innovation. The new offerings include:

    • Sleep CBD Gummies: A berry medley with notes of Montmorency cherry, elderberry, and boysenberry;
    • Chill CBD Gummies: A citrus-forward concoction of tangerine, yuzu, and pomelo;
    • Extra Strength CBD Gummies: An orchard-inspired blend of pluot, apricot, and California red peaches.

    “As consumers focus on finding the ways to feel their best, CBD use continues to grow, fueled by categories like gummies that have become an integral part of wellness routines,” said Tara Rozalowsky, chief growth officer and president for Canopy Growth, according to a press release. “Martha Stewart is a trusted household name because people of all ages turn to her for candid advice and simple, sensible solutions to everyday problems. The new Martha Stewart CBD needs-based gummies deliver just that – accessible, reliable relief when and where you need it most.”