Tag: e-cigarettes

The Hague Rules Dutch Flavored Vape Ban is Legal

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A court in The Hague has ruled that the Netherlands was allowed to introduce a ban on flavors in e-cigarettes to protect public health. The court ruled this in a substantive procedure initiated by tobacco products manufacturer British American Tobacco (BAT) and the related company Nicoventures. They consider the ban unlawful.
The harmfulness of e-cigarettes and the “attractive effect” of sweet flavors on young people have been sufficiently established, the court stated.
According to the 2020 ban, only certain flavors can be added to e-cigarettes, especially because young people are sensitive to other sweet tastes, according to media reports. The State also saw indications that the sweet-tasting e-cigarette will eventually encourage people to smoke regular cigarettes, while the government is aiming for a “smoke-free generation” in 2040.
According to the court, any encouragement to smoke regular cigarettes does not need to be scientifically proven for a ban. The harmfulness of the e-cigarette and the attractive effect of the sweet flavors on young people justify the flavor ban in themselves, the judgment stated.
The plaintiffs felt the ban violated the free traffic of goods within the European Union. They felt there was no evidence to suggest that the ban on flavors is good for public health. They also stated that the ban could have an adverse effect because fewer smokers will stop trying to quit smoking with the aid of e-cigarettes.
But this possible disadvantage does not carry enough weight, the court ruled. The State has the “political discretion to give more weight to the interests of the youth and of a future smoke-free generation in the context of public health.”
The court acknowledges that the ban on flavors infringes on the free movement of goods but says that such an infringement is permitted to protect public health if it is “appropriate, necessary, and proportionate.”
November 6, 2024
Tobacco, Nicotine Stocks Rally on Trump Victory

Image: Paul Tama
Tobacco stocks rose in the wake of Donald Trump’s victory in the U.S. presidential election, reports The Wall Street Journal.
BAT stocks were up 4 percent this morning; its Reynolds American subsidiary was a large donor to the Make America Great Again action committee, which supported the former president’s bid for reelection. Reynolds has been pushing back against the Biden administration’s proposed menthol ban, which was delayed earlier this year. Under another Trump administration, it is likely that a menthol ban would be completely dismantled.
BAT, Altria and Imperial Brands all have sizable U.S. menthol businesses as the products make up more than a third of the U.S. cigarette market by volume.
Another Trump administration may also lead to a crackdown on illicit imports of disposable vapes, which primarily come from China. During his first term as president, Trump enthusiastically erected barriers to Chinese imports Such measures could boost some tobacco companies’ e-cigarette brands.
Expectations that a Trump presidency will strengthen the dollar, however, could be troublesome for Philip Morris International as the multinational makes around 90 percent of sales in other, primarily emerging market, currencies. A possible increase in inflation could also harm tobacco stocks since they are heavily exposed to price-sensitive, low-income consumers.
November 6, 2024
Haypp Happy for Retail Licensing in U.K.Vapes Bill
Vape retailer Haypp welcomed the news that the U.K. government has included a licensing scheme for retailers to sell tobacco, vape, and nicotine products in its Tobacco and Vapes Bill.
“As a responsible retailer, Haypp.com has long supported the need for a robust licensing system for retailers of vapes, nicotine pouches and tobacco products in the U.K.,” said Markus Lindblad, nicotine retail expert from Haypp.com.
“The absence of a licensing system in the U.K. has encouraged a wild west type environment where almost anyone can set themselves up as a vape shop. This has not only created challenges for responsible retailers, it has greatly increased the risks of underage vape use and untested products hitting the markets.
“This proposed scheme could finally bring some law and order to what has been a wild west marketplace. Our most recent annual vape report asked vape users where they bought their first vape, and with 18% saying they bought it from a shop when underage, it is clear that the lack of licensing and enforcement is encouraging underage access.”
The vape report, produced by Haypp, found that:

54% of UK vapers legally bought their own
18% of UK vapers bought their first vape from a shop when underage
10% of UK vapers bought their first vape online when underage
7% bought their first vape when underage from a major supermarket chain
In addition to this, 36% of respondents also admitted that they have purchased a vape for a minor, and 11% do so regularly, media reports.
“What we need to see now are appropriate penalties and enforcement mechanisms,” Lindblad added. “The licensing system will only be effective if there are tough financial penalties for rule breakers and the enforcement authorities are resourced sufficiently to do their job.”
November 5, 2024
U-Turn in Proposed U.K. Pub Garden Vaping Ban

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U.K. Prime Minister Keir Starmer said his government was considering a ban on outdoor smoking in a bid to bring down the 80,000 preventable deaths caused by smoking in the U.K. each year.
The ban would have covered smoking in outdoor restaurants and outside sports venues, hospitals, nightclubs, and in some small parks.
The government announced plans to make it illegal to vape outside schools and in children’s playgrounds in England.
They also want to ban vaping and smoking outside of hospitals and have said that some outdoor places could become vape-free.
But speaking to Sky News this morning, Wes Streeting, the Secretary of State for Health and Social Care, confirmed the U-turn and said: “We’re not going ahead or not proposing to go ahead with a [smoking] ban on outdoor hospitality.”
He said the policy idea was a “leak of government discussion” over the summer and promoted a “really good debate about whether or not it would be proportionate” when taking into account the public health benefits, but also the potential downsides.
“I think people know the UK hospitality sector has taken a battering in recent years,” he added. “And we don’t want to add to their pressure – so we’re not proposing to go ahead with an outdoor hospitality ban at this time.”
November 5, 2024
U.K. Tobacco and Vapes Bill Proposed Today

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The U.K. government will introduce its Tobacco and Vapes Bill in Parliament today. The legislation involves some of the world’s strictest anti-smoking rules, including a measure banning younger people from smoking. However, the government abandoned plans for a ban on smoking outside pubs and cafes after concerns were raised about the impact on the hospitality industry.
The proposed legislation gives the government power to ban smoking outside specific outdoor spaces such as children’s playgrounds, schools and hospitals. But the plans will be subject to consultation.
The previous government had announced similar measures to create the first smoke-free generation. However, those plans failed to become law before the general election in the summer when the party lost power.
The new legislation ensures that anyone aged 15 this year, or younger, will be banned from buying cigarettes, and aims to make vapes less appealing to children.
“This government is taking bold action to create the first smokefree generation, clamp down on kids getting hooked on nicotine through vapes, and protect children and vulnerable people from the harms of second-hand smoke,” said Health and Social Care Secretary Wes Streeting in a statement.
Britain banned smoking in almost all enclosed public spaces, including bars and workplaces, in 2007.
A budget announcement last week included extra taxes on vaping, which is subject to 20 percent on VAT, but did not attract extra levies as tobacco does. A new flat rate duty of £2.20 per 10ml of vaping liquid was announced.
With tobacco duties, the increases are usually immediate from midnight on the same day as the budget. However, the vaping duty is not due to come into force until 2026.

Creating a two-tier society in which some adults are permitted to buy tobacco and others aren’t discriminates against younger adults.
Simon Clark, director, Forest
While welcoming the decision to drop a proposed ban on smoking outside pubs and other other hospitality venues, smokers’ lobby group Forest said it was concerned by other measures in the bill.
“Banning smoking outside hospitals is heartless and cruel,” said Forest Director Simon Clark. “Smoking in the open air poses no risk to non-smokers, including children, but it can be a comfort to patients, visitors and staff who smoke and want a quiet stress-free moment.”
Meanwhile, increasing the age of sale by one year every year, as proposed on the generational tobacco ban part of the bill, would infantilize future generations of adults, according to Forest.
“If you can buy alcohol, drive a car, join the army, and vote at 18, you should also be allowed to purchase tobacco,” said Clark.
“Creating a two-tier society in which some adults are permitted to buy tobacco and others aren’t discriminates against younger adults.
“It will cause huge confusion in shops and could lead to even more retail crime.
“It will also drive younger adults to the black market and into the arms of criminal gangs.”
November 5, 2024
Malaysia Urged to Reconsider Display Ban

Photo: Heorshe
The Malaysian Vapers Alliance (MVA) is urging the ministry of health to reconsider the vape display ban introduced under the Control of Smoking Products for Public Health Act 2024 (Act 852), set to take effect on April 1, 2025.
According to MVA, the display ban not only limits consumers’ right to make informed decisions but also places unnecessary restrictions on access to crucial product information.
“The display ban for vape creates significant obstacles for adult consumers seeking to make fact-based choices about the products they use. By preventing users from browsing or viewing product options at the point of sale, the ban directly impacts consumers’ ability to access key information and data about product quality, nicotine content, and flavor profiles—all critical factors in making informed purchasing decisions,” said MVA President Khairil Azizi Khairuddin.
“Beyond the practical limitations, by forcing vape products out of sight, the ban sends a stigmatizing message, implying that vape is socially unacceptable. This could deter smokers from making the switch to vape, leaving them feeling ashamed for even considering a less harmful alternative to smoking. It is demoralizing for those who are genuinely seeking a way to quit smoking, and it further isolates them from the harm reduction support they need.”

Limiting access to accurate information via a vape product display ban not only hinders transparency but also leaves consumers in the dark.
Khairil Azizi Khairuddin, president, Malaysian Vapers Alliance
Banning product retail displays at retail outlets goes against basic consumer rights, MVA believes.
“Informed choice is a cornerstone of consumer rights. Limiting access to accurate information via a vape product display ban not only hinders transparency but also leaves consumers in the dark, unable to get the information they need to make choices.”
To this end, MVA urges the MoH to reconsider this element of Act 852 and remove the vape display ban.
“There are many adult vape users in Malaysia who have transitioned away from smoking. Our 2023 survey found 73.7 percent of vape users in Malaysia are former smokers. In fact, 80.1 percent of respondents had switched to vaping as a means to quit smoking. These statistics share a realistic view of the use case for vape. Restricting consumer access to product information counteracts harm reduction efforts, which seek to provide smokers with less harmful alternatives to traditional cigarettes.”
“We are calling on the MoH to remove the vape display ban from Act 852 and ensure that consumer rights are protected. Transparency and informed decision-making are key to the success of harm reduction strategies in Malaysia,” Khairil concluded.
November 5, 2024
Alaska Begins Jury Trial Against Juul Labs, Altria
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A jury trial commenced last week for a lawsuit filed by the State of Alaska against Juul Labs, Inc. and Altria Group, Inc. The state alleges that these companies played a significant role in the rising use of e-cigarettes among young people.
In a press release dated November 24, 2020, former acting Attorney General Ed Sniffen stated that the state alleges Juul Labs employed marketing strategies similar to those used by large tobacco companies but updated for the digital age. This included youth-oriented social media campaigns and the use of paid influencers.
The suit further alleges that Altria then conspired with Juul Labs to maintain and expand the youth e-cigarette market JUUL had created, working to cover up Juul Labs’ youth marketing just as major tobacco companies tried to cover up their own youth-targeted marketing in the past, according to media reports.
“According to the 2019 Alaska Youth Risk Behavior Survey, 45.8% of Alaska high school students have tried e-cigarettes, with 26.1% reporting e-cigarette use,” the press release states. “This is a significant increase from 2017, when 15.7% of Alaska high school students reported using e-cigarettes. Alaska’s Complaint alleges that this dramatic rise is a direct result of the marketing strategies used by JUUL and Altria to target teenagers and youth.”
The state’s complaint alleges Juul Labs and Altria violated the law in four ways:

Creating a public nuisance under Alaska law;
Violating Alaska’s Unfair Trade Practices and Consumer Protection Act in marketing and promoting e-cigarettes to youth;
Negligently developing, marketing, and selling JUUL vaping products;
Conspiring to maintain and grow a market based on sales to youth.
The lawsuit is seeking damages to fund public health efforts to address youth vaping as well as an abatement of what the state is calling a “public nuisance.”
Alaska is far from the only state to file a suit against the e-cigarette giants; in 2021, Juul Labs agreed to pay $40 million to North Carolina in the first state lawsuit settlement.
November 4, 2024
Report: UK Disposable Ban Could Boost Smoking

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Ministers in the UK have been told that a plan to ban the sale of disposable vapes by next summer could lead to some users “reverting or relapsing” back to cigarette smoking.
The Department for Environment, Food and Rural Affairs (Defra) said vape usage in England had grown by more than 400% between 2012 and 2023, with 9.1% of the public buying and using the products.
The legislation, which will be introduced to parliament this year, will ban the sale of single-use vapes in England to limit, among other things, the environmental damage they cause, media has reported.
However, an impact assessment by Defra revealed that “29% of current [people who vape] will either revert/relapse to smoking tobacco” as a result of the ban. Officials said, “If the ban is increasing the use of cigarettes, there could be health disbenefits.”
The report added: “We have assumed that most users of disposable vapes will switch to reusable vapes. However, there will be a proportion of users that may revert to smoking tobacco or quit vaping and smoking altogether.”
The legislation had been tabled under Rishi Sunak’s premiership, but the government ran out of time in the last parliament.
The tobacco and vapes bill would prevent anyone born from 2009 from legally smoking by gradually raising the age at which tobacco can be bought. It also aims to impose restrictions on the sale and marketing of vapes to children.
The health secretary, Wes Streeting, said this month he planned to introduce the bill “before Christmas”.
The Labour MP Mary Glindon criticized the chancellor’s tax increase on vape liquid during the budget debate, saying it could discourage people from quitting smoking.
Glindon, the MP for Newcastle upon Tyne East and Wallsend, said the increase, to take place in October 2026, was “unsustainably high” and would “hurt working people” who used vapes.
November 4, 2024
Health Ministry Wants to Ban New Tobacco Products

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Vietnam’s health ministry has proposed a national ban on e-cigarettes and tobacco-heating products, reports Vietnam News.
During a conference last week, Deputy Minister Tran Van Thuan stressed that all forms of tobacco, including new-generation products, pose a significant threat to public health.
Nguyen Nho Huy, deputy director of the physical education department at the Ministry of Education and Training, shared that vaping among students had risen from 2.6 percent in 2019 to 8 percent in 2023.
According to ministry of health data, nearly 1,224 people were hospitalized in 2023 due to health complications directly linked to e-cigarettes and heated tobacco.
Tran also referenced risks such as battery explosions and nicotine poisoning.
Heated tobacco, he noted, emits smoke containing toxins similar to those found in traditional cigarettes.
Participants in the event also expressed concern about the market for illicit vaping products. In the first half of 2024, authorities uncovered 35 cases of illegal trade and possession of drug-infused e-cigarettes, according to Lieutenant Colonel Nguyen Duy Trung.
November 4, 2024
San Antonio Adds Vapes to Smoking Ordinace

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The City of San Antonio, Texas, is banning the use of e-cigarettes, or vaping, where smoking is currently restricted. The revised ordinance will take effect on January 1, 2025, and will prohibit their use in all venues where smoking is currently restricted.
Businesses must include the electronic smoking device icon on signs prohibiting smoking. The icons for both cigarettes and e-cigarettes should be enclosed in the standard red circle with a red bar across them, media reports. They will be required for every public place and place of employment where smoking is currently prohibited.
“This update reflects our commitment as the community health strategist and ensures that policies remain relevant to current circumstances, adapt to technological changes, and mitigate potential risks,” said Dr. Claude A. Jacob, Metro Health director. “By reducing exposure to secondhand smoke and promoting smoke-free environments, we are taking significant steps to protect the health of our citizens.”
October 31, 2024