Tag: flavor ban

  • Denver, Colorado Again Passes Tobacco Flavor Ban

    Denver, Colorado Again Passes Tobacco Flavor Ban

    Credit: Marek Photo Design

    On Monday evening, the Denver City Council passed the final reading of an ordinance that will ban the sale of flavored tobacco products in the city. The ban passed by a vote of 11-1.

    The law, which still needs the signature of Mayor Mike Johnson, will go into effect in 90 days and will ban the sale of all forms of flavored tobacco, including cigars and pipe tobacco, as well as flavored vaping products. It does not apply to flavored tobacco intended to be smoked in a hookah that is sold at a hookah tobacco retailer.

    Retailers who violate the ban will face suspensions of their privilege to sell tobacco products should they receive two or more violations within the one-year window. Suspensions start at least 30 days and increase to a year for four or more violations. Additionally, that window will go wider in the coming years; as of Jan. 1, 2027, two violations in two years earn a 30-day suspension.

    A total of 34 individuals signed up to present comments to the council, which limited the public comment portion to 30 minutes before the vote. People came to speak in support of and in opposition to the ordinance; retailers told the council that a ban would hurt numerous businesses and cost the city tax revenue, as customers would take their businesses elsewhere. A council member indicated that 15 of the 18 municipalities that border Denver do not have similar bans in place.

    Retailers also said they would shift sales to the unregulated black market while taking ancillary purchases, usually made at convenience stores, into other cities and towns. One retailer noted that 536 tobacco retail stores in the city will be adversely affected by the ban. Other retailers also said that the council failed to adequately work with retailers in developing the ban and enforcing its existing laws on sales to minors.

    Speakers connected to law enforcement also suggested that it would fuel the growth of the black market, which comes with increased criminal activity and products of inferior quality that could pose an even greater health risk, Halfwheel reports.

    The Cigar Association of America wrote to the council to oppose the ban, saying in a Dec. 3 letter that “this blanket approach is a disproportionate and ineffective attempt to address any issues of youth usage, especially considering that the only facts and allegations presented as justification for the Proposed Ordinance relate to other product categories – such as vapor and cigarette products.”

    A representative from Mayor Mike Johnston told Denver7.com that “we’re committed to protecting youth health through common sense measures, and Mayor Johnston would be in support of this initiative should Council pass it.”

    The ordinance does not make it illegal to use a tobacco product, with city representatives telling the council that a person would not be stopped and cited for using a flavored tobacco product.

    In 2021, the Denver City Council passed a similar ban, only to have it vetoed by then-Mayor Michael Hancock. The council came up one vote short of overriding the ban.

  • Rhode Island Shop Owners Sue Over Flavor Ban

    Rhode Island Shop Owners Sue Over Flavor Ban

    Rhode Island State House in Providence, Rhode Island. (Credit Design Pics)

    Two Rhode Island businesses are challenging the impending statewide ban preventing them from selling flavored vaping products.

    Vaporetti LLC, an East Providence vape shop, and Sunshine Vape LLC, which runs three stores in Providence, Warwick and South Kingstown, filed a lawsuit against the Rhode Island Department of Revenue, Division of Taxation and Department of Health last month in an attempt to block the statewide ban.

    The business owners are asking the court to stop the “unconstitutional” and “unlawful” ban from taking effect on Jan. 1, 2025, media reports. Gov. Dan McKee signed the statewide ban, which was included in his $14 million budget proposal for the next fiscal year, into law over the summer.

    In the lawsuit, the business owners warned that the ban would severely impact their bottom lines and force their inevitable closures. “Each [business] derives more than 70% of its annual sales revenue from flavored ENDS products,” the lawsuit explained. “The sale of flavored ENDS products is an integral part of [their businesses], and the viability of their businesses is directly related to their ability to sell these products.”

    If enforced, the ban “will prove fatal to these businesses because they cannot survive the loss of nearly three quarters of their revenue.” In the lawsuit, the business owners also stressed that the ban may do more harm than good.

  • The Hague Rules Dutch Flavored Vape Ban is Legal

    The Hague Rules Dutch Flavored Vape Ban is Legal

    Credit: GAPS Photo

    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.”

  • Illicit Market Thriving After Flavor Ban: ITCAN

    Illicit Market Thriving After Flavor Ban: ITCAN

    Image: Ahmed

    One year after Quebec banned non-tobacco flavored vapes, most vapers are buying such products illegally in the province, according to Imperial Tobacco Canada (ITCAN).

    In a survey carried out by Leger, 61 percent of vapers said that they purchased non-tobacco flavored vapor products in the past 12 months. Forty percent of those respondents said that they purchased an illegal flavored vapor product from a vape shop, and 33 percent of those respondents said they purchased flavored vapor products online. Forty-seven percent of those respondents said they knew it was illegal when they purchased a flavored vapor product

    “If the government’s objective was to create an untaxed and unregulated vapor market, then well done and mission accomplished,” said ITCAN Vice President of Corporate and Regulatory Affairs Eric Gagnon in a statement.

    ITCAN attributed the problem in part to weak enforcement. “A report from the Ministère de la Santé et des Services Sociaux (MSSS) website reveals that only 150 (38 percent of all vape shops) have been inspected by MSSS,” the company wrote. “Worse yet, very few fines have been issued with reports showing only 28 of those 150 received fines, even though more than 90 percent are uncompliant.”

    ITCAN urged the government to train inspectors, issue fines heavy enough to deter illegal players and conduct an “enforcement blitz” to demonstrate the gravity of the situation, among other suggestions.  

  • Denver City Council Going for Flavor Ban … Again

    Denver City Council Going for Flavor Ban … Again

    A trio of Denver City Council members is proposing a ban on the sale of all flavored tobacco products in the Colorado capitol.

    The effort comes three years after then-Mayor Michael Hancock vetoed a similar ban, following months of debate and intense lobbying on both sides of the issue, including from tobacco industry interests. A different lineup of council members crafted that measure.

    “We think this is important because it’s a public health issue impacting our community,” Councilman Darrell Watson said on Monday after a committee hearing that previewed the proposal. He had helped lay out the specifics of the proposed ban, which — like its predecessor — would outlaw the sale of flavored vaping cartridges and a wide swath of other flavored products, including menthol cigarettes.

    Watson’s co-sponsors are Councilwomen Shontel Lewis and Serena Gonzales-Gutierrez. None of the three served on the council in 2021 when Hancock vetoed the previous bill. The council later came one vote short of mustering the nine necessary to overturn the veto, according to media.

    Unlike his predecessor, Mayor Mike Johnston, who took office in mid-2023, has already committed to signing a flavored tobacco ban law if it makes it to his desk.

    Monday’s meeting was only a briefing. The ban still needs to be approved by the council before it can be considered for a final vote. The next step for the planned proposal—a hearing before the council’s Safety, Housing, Education, and Homelessness committee—could come as soon as next week.

  • Canada’s Health Minister: “Flavor Ban Coming Soon”

    Canada’s Health Minister: “Flavor Ban Coming Soon”

    The minister of mental health and addictions says the federal government will ban most vape flavors across Canada soon — more than three years after Ottawa first promised to bring in the regulations.

    “We have made a commitment from the start to restrict flavors. We haven’t wavered from that,” Ya’ara Saks told CBC News.

    “We will have this in place soon. I don’t anticipate this is going to take much longer.” She did not specify a timeline.

    Saks’ promise comes after a coalition of anti-tobacco health groups held a press conference in Ottawa earlier this month to call on Saks to introduce the ban swiftly or resign.

    They accused her of bowing to vaping industry pressure by failing to finalize the regulations this spring, as the federal government had planned.

  • New York City Seizes 1,200 Pounds of Illicit Vapes

    New York City Seizes 1,200 Pounds of Illicit Vapes

    Credit: NYC.gov

    New York City Mayor Eric Adams, New York City Sheriff Anthony Miranda, NYPD Interim Commissioner Thomas G. Donlon, and DCWP Commissioner Vilda Vera Mayuga proudly announced the successful removal of more than 1,200 pounds of illegal vaping products from the city, which are now on their way to being destroyed.

    The products — all seized through the Adams administration’s “Operation Padlock to Protect” — contain batteries and other hazardous materials that must be disposed of safely. The products are being sent to the NYPD’s long-term DNA evidence destruction vendor, ENP Environmental, in Grafton, Ohio, according to a press release.

    As a result of the operation, the city has seized more than $80 million in illegal products, which have been taking up a massive amount of space across NYPD’s network of evidence warehouses. Mayor Adams, today, joined members of the New York City Sherriff’s Joint Compliance Task Force — made up of the Sheriff’s Office, the NYPD, and DCWP — to participate in NYPD’s standard evidence destruction process of loading illegal substances and products to be sent to destruction in an environmentally responsible way.

    Upon seizure, untaxed and illegally sold tobacco and vape products are subject to forfeiture and ultimately may be destroyed by the city. In August, Adams and the task force destroyed more than four tons, or 576 bags, of seized illegal cannabis products as part of the NYPD’s standard evidence destruction process of incinerating illegal substances and products.

    “Today, we say goodbye and good riddance to products that endanger our children and undermine our quality of life,” said Adams. “From the moment we were given the additional authority we needed from the state to weed out illegal cannabis operators, our administration took swift action. Through our successful ‘Operation Padlock to Protect’ initiative, we have already shut down more than 1,200 unlicensed smoke shops, confiscated an estimated $80 million worth of illegal products, and seized thousands of illegal vapes.

    “This is a major example of the significant results we are achieving in improving New Yorkers’ quality of life and builds on the gains we’ve made in keeping communities safe. Last month alone saw a decrease in homicides, robberies, burglaries, grand larcenies, transit crime, and car theft, but we know there is still more to do. Our administration will continue to focus on our mission of making New York City a safer, more affordable city, and today’s announcement is another example of just that.”

  • Philippines Urged to Regulate Flavors in Nicotine

    Philippines Urged to Regulate Flavors in Nicotine

    Photo: Borgwaldt Flavors

    Researchers urged the Philippine government to regulate flavored tobacco and mandate plain packaging, citing the country’s obligation as a signatory to the World Health Organization Framework Convention on Tobacco Control, reports The Manila Times.

    “Historically, tobacco companies have used flavoring agents to enhance the appeal of tobacco consumption, encourage initiation and experimentation of tobacco use, and sustain tobacco use,” researchers of the Ateneo de Manila University were quoted as saying. 

    “However, the Philippines currently does not regulate flavored tobacco products, despite the increasing market shares of flavored tobacco products and novel technologies, such as crushable capsules.”

    In a recent study of 106 cigarette and cigar products, only 62 turned out to have flavor descriptors.

  • Kansas City Council Pushes Pause on Flavor Ban

    Kansas City Council Pushes Pause on Flavor Ban

    The Kansas City Council postponed an Oct. 10 vote on a proposed ban on selling flavored nicotine products in Kansas City.

    The ban, if passed, is tentatively set to take effect the first of the year.

    At the council meeting, many said the ban, introduced less than a week ago, is being rushed.

    Some local retailers say they want council members to vote against the ban, citing that around 35% of their income is based on these sales. They say the financial effects could be devastating because sales support both the local economy and employee salaries, according to media reports.

    The council held its first reading on the proposed ban on Oct. 3, the first many retailers said they’d heard of these plans to outlaw the sale of flavored tobacco products.

    Retailers claim the rushed process is disrespectful because the city failed to provide time for those impacted to voice their concerns. The city council is also aware of the significant tax revenue lost if this ban is passed. The ban would move sales to nearby cities where flavored tobacco remains legal.

    A vote on the ban in currently scheduled for late October.

  • Penalties for U.S. Retailers Selling Illegal Vapes

    Penalties for U.S. Retailers Selling Illegal Vapes

    The U.S. Food and Drug Administration is seeking fines against two brick-and-mortar retailers and nine online retailers. The FDA previously issued warning letters to these retailers for their sale of unauthorized tobacco products, however, follow-up inspections revealed that the retailers had failed to correct the violations. Accordingly, the agency is now seeking a civil money penalty of $20,678 from each retailer.

    To date, the FDA has filed civil money penalty complaints against 70 manufacturers and 160 retailers for distribution and/or sale of unauthorized tobacco products. These actions reflect the FDA’s continued dedication to bringing enforcement actions against entities along the supply chain who violate the law relating to tobacco products.

    The FDA has currently authorized 34 e-cigarette products and devices. The agency maintains a printable one-page flyer of all authorized e-cigarette products that retailers can easily consult to determine which products may be lawfully marketed and sold in the United States. Entities manufacturing, importing, selling or distributing e-cigarettes that lack the required premarket authorization risk enforcement actions.