Tag: e-cigarettes

Reynolds ITC Complaint Could Destroy Vape Industry

The implications could be far-reaching. R.J. Reynolds has filed a U.S. International Trade Commission (ITC) complaint charging multiple manufacturers, distributors, and retailers of several popular disposable vaping devices with unfair importation. It is one of several recent actions Reynolds has made to remove its competitor’s vaping products from store shelves.
Reynolds is asking the ITC to investigate and issue an exclusion order preventing further U.S. imports of disposable vaping products. Several legal scholars have told Vapor Voice that if the ITC agrees with Reynolds, all flavored disposable vaping devices without a U.S. Food and Drug Administration marketing authorization could be stopped at the border and prevented from entering the U.S. market.
Reynolds wants the ITC to issue a permanent “cease and desist order” prohibiting any businesses from selling illegal vaping products. The move would push nearly the entire vaping industry underground, with the exception of products owned by major tobacco companies such as Reynolds that have received marketing orders from the FDA.
Several businesses were named specifically as “peddlers of illegal disposable vapes” in the Reynolds complaint, including the manufacturers, importers, distributors and retailers of Breeze, Elf Bar, Esco Bar, Hyde, Puff Bar, and R&M disposable vapes.
Also named are several well-known U.S. wholesale and retailers of disposable vapes, including Element Vape, Flawless Vape, Magellan Technology, Mi-One Brands, Price Point Distributors, and Vape Sourcing.
The ITC complaint accuses what amounts to the manufacturers of all unauthorized vaping products of importing “illegal disposable vapes” in violation of Section 337 of the Tariff Act of 1930. Specifically, Reynolds claims the named businesses either falsely advertised that their products are authorized for sale by the U.S. government, failed to comply with federal laws imposing registration and reporting requirements and limitations on sales, or violated customs laws and regulations.
Reynolds owns the Vuse vaping brand, including the Vuse Alto. Last week, the FDA issued a marketing denial order (MDO), ordering Alto menthol refill pods off the market. The Alto device and tobacco-flavored pods are still under review by the agency. Two older Vuse vapes, the Solo and Vibe models (and their tobacco-flavored refills) are among the 23 products currently authorized by the FDA.
Reynolds also states it has the capacity to fill any void in the market if the illegal products were removed. “Reynolds has the capacity to replace any increase in demand if the Accused Products were excluded from importation,” the complaint states. “Reynolds is willing to meet any increased demand and can do so in a commercially reasonable time, given that it already supplies the industry with significant quantities of ENDS products, as well as oral tobacco and nicotine products.”
The ITC has not yet made a decision on the complaint that was filed on Oct. 13.
October 18, 2023
Cannabis And Nicotine Vape Markets Diverging

Photo: Seth Michael
The cannabis vaping and tobacco vaping industries in the U.S. are on contrasting paths, largely shaped by regulatory dynamics, according to an article published by Bloomberg. While tobacco vaping faces increased restrictions on nicotine levels, flavored products and youth usage, the cannabis vape sector benefits from limited regulation, making it a significant player in the marijuana market.
The U.S. Food and Drug Administration’s ban on flavored vape products in particular has been detrimental to the nicotine vape sector, impacting prominent brands like Vuse Alto, which was recently the subject of an FDA marketing denial order.
In comparison, cannabis vapes are growing rapidly, with an estimated $6.8 billion in sales for the year. These numbers might underestimate the market due to the influence of illicit cannabis sales, which are hard to track. However, as cannabis legalization progresses state by state, questions arise about when this sector might face more regulations.
Some suppliers to the nicotine vape business see substantial potential in the cannabis sector, as the U.S. vape parts market alone is estimated to be a $700 million opportunity. Meanwhile, the rise of disposable vapes also poses a challenge, as concerns about waste and youth appeal lead to potential regulatory hurdles.
October 18, 2023
Elf Bar Changes its Name to Sidestep Import Ban

Elf Bar continues to defy a U.S. import ban thanks to a simple but effective tactic: changing its name.
Imiracle, the China-based manufacturer of Elf Bar, Lost Mary and EB Design vaping products, had its products added to the U.S. Food and Drug Administration import red list four months ago.
The company is now importing its disposable vaping devices under a different name, EBCreate, EBDesign and brands such as Airo Max. The rebranded products also list different Chinese manufacturers than those targeted by the FDA, such as iMiracle.
Convenience stores in Washington D.C., Philadelphia, New York and other cities remain fully stocked with the brightly colored vapes, sold in fruity flavors like strawberry melon and claiming to contain 5,000 “puffs” per device, according to the AP.
The makeover underscores the FDA’s inability to stanch the flow of unauthorized e-cigarettes into the U.S., mainly through large shipping hubs like Los Angeles and Houston.
“E-cigarette manufacturers have proven themselves to not operate in good faith,” said Desmond Jenson, an attorney at the Public Health Law Center. “Until there’s something global that’s a deterrent to selling illegal products this is going to be the status quo.”
Elf Bar generated U.S. sales of over $271 million in the past year, according to retail data tracker Nielsen. Separate data previously obtained by the AP shows the brand hit U.S. stores in November 2021, racking up hundreds of millions in sales over 18 months before being targeted by FDA regulators.
Two weeks after the FDA notified Elf Bar of the import ban, a request to trademark EBCreate was filed with the U.S. Patent and Trademark Office. The filing was made by the same patent attorney who submitted Elf Bar’s previous applications. But unlike those filings, the paperwork doesn’t mention Elf Bar’s parent company, iMiracle Shenzhen Technology. Instead the application lists a Hong Kong company, Nevera HK Limited, the same company listed on new EBCreate e-cigarette packages.
October 17, 2023
Netherlands: No Vaping Taxes Before Elections

amazing studio
The Netherlands will not impose an excise tax on vapor products before the November 2023 elections, reports DutchNews.nl, citing De Telegraaf.
The news source added that even if the Netherlands received EU approval to impose a vapor product excise tax, the process would take several years to complete.
Although this current government did not work toward creating a vapor product excise tax, Junior Health Minister Maarten van Ooijen said that he would encourage the next cabinet to move ahead on a “national tax on e-cigarettes.” Van Ooijen added that such a tax would be “in the interests of public health.”
High cigarette prices have assisted smokers to move toward vapor products in recent years. However, the current cabinet focused on prohibiting flavored e-liquids and online vapor product sales to combat rising youth rates of vapor product usage.
“We need to take action against vapes as soon as possible to protect our children, as other EU countries have done,” Van Ooijen said.
The EU is expected to revise its Tobacco Products Directive in 2025.
October 17, 2023
BAT Uses Rooibos Tea in Heat Sticks for IQOS

BAT has begun selling heat sticks made from nicotine-infused substances such as rooibos tea to counter an incoming EU ban on flavored heated-tobacco products, according to Reuters.
Health experts have warned that the safety of the new products is unclear.
BAT has launched heat sticks containing nicotine-infused rooibos tea rather than tobacco in nine European markets, including Germany and Greece. The company plans to roll the product out globally.
BAT stated that the move will provide “adult nicotine users and smokers with the widest possible range of reduced-risk products.”
“Anything that burns or is vaporized … and inhaled into the lungs, probably will cause some effects,” said Erikas Simonavicius, a research associate at King’s College London, of the unknown risk factors of the tea-infused heat sticks. Tobacco companies have not yet published any research showing the health implications of rooibos or other zero-tobacco heat sticks, said Simonavicius.
BAT is the first big tobacco company to publicly state what its zero-tobacco sticks are made from. The company declined to comment on whether it had conducted research on the health implications of the product.
Philip Morris International plans to roll out a zero-tobacco stick later this year, according to statements made during the company’s investor day in September. PMI declined to comment on what the product is made from or its health implications.
According to Jacek Olczak, PMI CEO, the company’s product could avoid the regulatory scrutiny of tobacco products.
According to BAT, its new zero-tobacco heat sticks are not subject to EU tobacco rules, meaning the company can sell its sticks in flavors even after a ban on flavored heated-tobacco products is implemented later this month.
“The obvious advantage these new products should provide is a way to keep menthol and flavor varieties on the EU market,” said Owen Bennett, a Jefferies analyst.
Experts do not think the regulatory advantages will last long, however, according to Bennett and Phil Gorham, senior equity analyst at Morningstar.
“The next generation of regulation is going to target nicotine,” Gorham said.
October 16, 2023
Clifford Douglas to lead Smoke-Free Foundation

Photo: FSFW
The Foundation for a Smoke-Free World has named Clifford E. Douglas as president and CEO. Douglas most recently served as director of the University of Michigan Tobacco Research Network and as adjunct professor in the department of health management and policy at the University of Michigan School of Public Health. Prior to that he was the American Cancer Society vice president for tobacco control. Early in his career Douglas worked to eliminate smoking on airline flights and was an attorney and advisor in landmark lawsuits against tobacco manufacturers.
Douglas has also managed a $6 million campaign to eliminate smoking on college campuses, and worked to help Americans understand the relationship between smoking and Covid-19. Douglas has served as the assistant director of the Coalition on Smoking and Health; he was also the associate director of the American Lung Association national public affairs office and has been the tobacco control advisor to the U.S. Assistant Secretary for Health and the U.S. Surgeon General.
“For decades Cliff Douglas has been a strong and influential voice in the work to eliminate smoking in America and globally,” said Pam Parizek, chair of the Foundation board of directors, in a statement. “He understands both the science and societal elements of tobacco issues. His credentials are exceptional, and we are pleased he will lead our foundation effort to fund meaningful research and engage in evidence-based education efforts that help those at greatest risk stop smoking.”
The Foundation is a nonprofit, independent grantmaking organization, dedicated to ending the illness and death caused by smoking.
Douglas believes the Foundation is uniquely positioned to reduce smoking globally, “Our mission is to help end smoking in this generation,” he said. “I have committed myself to this mission for 35 years and look forward to leading this organization in innovative and impactful efforts to accelerate reductions in smoking prevalence and improve public understanding regarding the nature and health impact of nicotine, and as the U.S. Food and Drug Administration has highlighted, the continuum of risk among different tobacco and nicotine products. We will continue to be a strong and independent voice in helping people around the world find healthier lifestyles.”
“Our mission is to help end smoking in this generation. I have committed myself to this mission for 35 years and look forward to leading this organization in innovative and impactful efforts to accelerate reductions in smoking prevalence.
Clifford Douglas, CEO, FSFW
“The Foundation is about to enter a new era under the leadership of Cliff Douglas,” said Parizek. “We certainly are appreciative of those who have previously supported our work, and going forward the Foundation remains fully committed to our smoking cessation and tobacco harm reduction efforts around the world.”
Philip Morris International recently made a final grant to the Foundation and the pledge agreement between Philip Morris and the Foundation has been concluded. “Moving forward the Foundation will seek to collaborate with associations and institutions to accelerate our investments in life saving research projects based on the most up to date science,” said Parizek.
October 13, 2023
FDA Denies Marketing Order for Flavored Vuse Alto Pods

Image: Rangizz
The U.S. Food and Drug Administration on Oct. 12 issued marketing denial orders (MDOs) to R.J. Reynolds Vapor Co. for six flavored e-cigarette products under its Vuse Alto brand. This includes three menthol-flavored and three mixed berry-flavored products, with each flavor being offered in three nicotine strengths.
After reviewing the company’s PMTAs, the FDA 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.
Specifically, evidence submitted by the applicant did not demonstrate that the menthol- and mixed berry-flavored products provided an added benefit for adults who smoke cigarettes—in terms of complete switching or significant smoking reduction—relative to that of tobacco-flavored products that is sufficient to outweigh the known risks to youth, according to the agency.
“We review each application on its own merits, and it’s the responsibility of the applicant to provide sufficient science to support the product they’re seeking to market,” said Matthew Farrelly, director of the FDA’s Center for Tobacco Product’s Office of Science. “If an application contained sufficient scientific evidence to meet the necessary public health standard, including a non-tobacco-flavored product, we’d authorize the product. But such evidence was lacking in this case.”
Vuse is the most commonly sold e-cigarette brand in the U.S., with Vuse Alto being its most popular sub-brand. Further, findings from the National Youth Tobacco Survey (NYTS) show that Vuse e-cigarettes, which are cartridge-based products, have been the second most commonly reported e-cigarette brand used by youth in the U.S. since 2021.
These actions are among many the FDA has taken to ensure any tobacco products that are marketed in the U.S. undergo science-based review and receive marketing authorizations by the agency. The FDA has received applications for more than 26 million deemed products and has made determinations on 99% of these applications.
To date, the FDA has authorized 23 tobacco-flavored e-cigarette products and devices, which are the only e-cigarettes that currently may be lawfully sold or distributed in the U.S. These authorizations include other products under the Vuse brand, including tobacco-flavored Vuse Vibe and Vuse Ciro devices and accompanying cartridges. Applications for six tobacco-flavored Vuse Alto products remain under FDA review.
October 12, 2023
American Vaping Association to End Operations

Greg Conley
The American Vaping Association (AVA) plans to shut down operations, reports Vaping360, citing a letter to supporters from AVA President Gregory Conley. The group was an advocacy organization representing both consumers and the independent industry, and it was in operation for almost 10 years.
“While this may be the end of AVA, our common goal remains,” wrote Conley in the letter, “ensuring that smokers have access to safer alternatives. Despite rough times to come, I am hopeful for the future.”
“As many of you may know, back in July 2022, I took on a new role as the director of legislative and external affairs for the trade association the American Vapor Manufacturers (AVM),” Conley wrote. “Since that time, AVA has gone dormant, although I have remained in my position as a volunteer to assist with administrative functions.”
Following the dissolution of the AVA, Conley will continue in his role with the AVM, representing AVM members rather than his more universal spokesperson role with the AVA.
The AVA’s remaining funds will be split into donations to the Consumer Advocates for Smoke-Free Alternatives Association and the Influence Foundation, which funds Filter’s online publication.
“Looking ahead,” Conley wrote, “the vaping industry—and the tobacco and nicotine industry as a whole—face immense challenges, from byzantine regulatory hurdles to billionaire-funded misinformation campaigns. My work with the AVM will continue and is geared toward addressing some of these challenges head-on.”
October 12, 2023
Latvia to Raise Tobacco Taxes Gradually for 3 Years

Credit: Eyeg Elb
The Latvian government has amended its Excise Tax Law to include a gradual increase in excise taxes on e-liquids and other next-generation tobacco products.
E-liquids other vaping products will see their excise tax rates increase by an average of 21 percent every year in 2024, 2025 and 2026. Other tobacco “substitute products” which include nicotine pouches, will rise by 10 percent.
The amendments will negatively impact Latvia’s efforts to curb smoking by making options to switch less attractive, according to Alberto Gómez Hernández, Community Manager of the World Vapers’ Alliance.
“Increasing the taxation of safer nicotine products will discourage smokers from switching and push users back to smoking,” Gómez Hernández said in a press release. “The international evidence has shown that increasing taxation of e-cigarettes and e-liquids has always led to an increase in smoking, particularly among young adults and low-income groups.
“Latvia should follow the steps of countries that are successfully reducing smoking rates by encouraging smokers to switch, such as the United Kingdom and Sweden, instead of making it more costly for them.”
The bill will also increase the excise tax rates of heated tobacco products and combustible cigarettes by 5 percent and 5.6 percent every year, respectively.
October 11, 2023
Disposables Claim Nearly 40% of Global Vape Market

Photo: Alexander Gavrilichev
Disposable e-cigarettes account for almost 40 percent of the vape sector, according to new analysis from ECigIntelligence.
After an initial boom in the United States, the disposables market is now growing at a faster pace in other countries.
Consumers are attracted to disposables mainly by convenience and low price, but there are variations in products internationally.
For example, due to the EU Tobacco Product Directive’s (TPD) restrictions on the amount of e-liquid in vape products, the size of disposables has increased much more in non-TPD countries.
On the other hand, in some TPD markets there has been an increase in zero-nicotine products, as these are allowed to have a larger tank capacity.
Another notable recent development is the emergence of products that address the environmental concerns associated with disposables, for example products made mostly of paper, or with biodegradable components.
To provide further insight into the global disposables market, ECigIntelligence has now launched a disposable e-cigarettes tracker.
The data shows how disposable vape pricing, technical features, flavors and nicotine strengths have developed since 2020 across brands carried by leading online retailers. Users can even select specific models and see their closest competitors in the market in terms of features such as number of puffs, e-liquid capacity, battery capacity, and physical shape.
“The disposables market has ballooned at such a rate that there is an urgent need for reliable, in-depth data,” said Tim Phillips, managing director of Tamarind Intelligence, which produces ECigIntelligence. “This new tracker will provide the intelligence that players at every level in the industry have been crying out for as they formulate their strategy on disposable products.”
October 11, 2023