Tag: flavor ban

Senator Durbin Continues Cries to FDA Over PMTAs

Credit: Durbin.gov
U.S. Senate Majority Whip Dick Durbin today met virtually with six public health organizations regarding what he calls a failure of the U.S Food and Drug Administration to fulfill its obligation to regulate e-cigarettes under the Tobacco Control Act.
In 2019, the U.S. District Court for the District of Maryland mandated that FDA finalize its premarket tobacco product applications under review by September 9, 2021.
As FDA has delayed for more than nine months past that deadline on finalizing its reviews.
During his meeting with these health groups, Durbin discussed his recent statement for FDA Commissioner Robert Califf to “immediately clear the market of unauthorized, kid-friendly e-cigarettes or step aside,” according to River Bender.
“We know that kids are getting hooked on these flavored e-cigarettes that are specifically targeted to children, like JUUL. Yet FDA has decided to cower to Big Tobacco and ignore the addiction of children as the agency wrings its hands over e-cigarette applications,” said Durbin.
“I’m grateful for the leadership of these health organizations, and together, we will do our best to ensure there is responsible, active leadership at FDA that will take the issue of nicotine addiction seriously.”
June 17, 2022
NIH, FDA Fund Study to Understand Effect of Flavors

Credit: Feng Yu
The National Institutes of Health and the U.S. Food and Drug Administration have given the University of Louisville a $3.6 million grant to study the effects of flavorings like mango and bubblegum used in vaping products.
Researchers at UofL’s Christina Lee Brown Envirome Institute hope to better understand the short-and long-term impacts of flavorings -specifically on the heart- and catalog which are potentially harmful, according to Kentucky Today.
“E-cigarettes are still relatively new, and we don’t yet fully understand what their health effects are,” said Alex Carll, an assistant professor in the Department of Physiology and co-lead on the project. “Understanding this could help us make better purchasing and regulatory decisions.”
The FDA banned flavors used in disposable e-cigarette and has not approved any flvors except tobacco through its premarket tobacco product application (PMTA) process. The agency contends that some flavors could appeal to kids and help fuel rising rates of youth vaping.
Matthew Nystoriak, an associate professor of medicine and co-lead on the project, said some flavors may seem harmless because they taste like or use the same ingredients as in food. But while those ingredients are safe to eat, they may not be safe to inhale.
“Our goal is to understand how individual flavoring chemicals impact the heart,” Nystoriak said. “There are many flavor chemicals used in e-cigarettes and if we know which are potentially more harmful than others, it’s possible for people to make more informed decisions about which products they use.”
Identifying their biological effects also is likely to help the FDA in regulating flavoring additives in e-cigarettes in the future.
June 16, 2022
L.A. Mayor Signs Flavor Ban into Law, Begins Jan. 1

Credit: Rafinade
A flavor ban for vaping and tobacco products passed by the Los Angeles city council in early June by a 12-0 vote, is scheduled to go into effect on Jan. 1, 2023, after it was signed by Mayor Eric Garcetti on Monday.
While the law could face legal challenges before its effective date arrives, it could also come after a statewide ban on the sale of flavored tobacco might be in place, as voters will decide the matter as part of the November election.
If voters approve a statewide ban, it could be in effect as early as Dec. 8. Flavored shisha tobacco sold in existing hookah lounges that have their own ventilation system are expemt.
Premium cigars did not receive any exemption in the city’s ban, nor did any products that use menthol. The ordinance does not prohibit the possession or use of flavored tobacco products.
The ban that California’s voters will decide includes an exemption for both shisha tobacco as well as large flavored cigars, though in order to be exempt these cigars would need to have a wholesale price of at least $12, meaning they would retail for around $37 given California’s high tax rate on cigars, according to Halfwheel.
June 15, 2022
FLOW to End Sales of Flavored Products in China

The Beijing-based e-cigarette brand FLOW announced that in compliance with the national policy on e-cigarettes, the company has decided to discontinue the production of its fruit and all non-tobacco flavored cartridges in the Chinese market beginning July 1, 2022, or after the stock of raw materials is consumed this month.
Beginning March of this year, the Measures for the Administration of Electronic Cigarettes and the mandatory national standards for Electronic Cigarettes have been issued in succession. It puts forward clear standards and requirements for operations to be compliant in their production, wholesale and retail of e-cigarettes, while also strengthening the protection of minors.
According to the Measures for the Administration of Electronic Cigarettes and other regulations and the instructions in the regulatory transition period, after October 1, all of the sales of e-cigarettes in China will be included in a unified trading management platform, according to Pan Daily. Store owners will only be able to buy through the unified platform while consumers will only be allowed to purchase electronic cigarettes from dealers who have the appropriate retail license.
According to the Blue Book of the E-Cigarette Industry in 2021 issued the by Electronic Cigarette Industry Committee, China Electronics, there are nearly 190,000 e-cigarette retail stores in China, including 138,000 authorized stores, 47,000 specialty stores, and 5,000-7,000 collection stores. Under the compliance requirements, the retail market will inevitably face some restructuring and several e-cigarette stores could close or transform their business operations.
Currently, fruit-flavored e-cigarettes account for more than 70% of sales in many retail outlets. The Electronic Cigarette Management Measures prohibits the sale of flavored e-cigarettes and the type that can be swapped for customized and atomized substances.
June 13, 2022
Los Angeles Bans Flavored Vaping, Tobacco Products
Flavored vaping products will be banned in Los Angeles effective Jan. 1, 2023, though it could happen by December 2022.
The Los Angeles City Council voted 12-0 in favor of the ban, which bans the sale of all flavored tobacco products except flavored shisha tobacco. The exemption is quit specific and will allow flavored shisha tobacco to be sold in hookah lounges that have their own ventilation system.
There is no exemption for flavored cigars of any kind. While the law bans the sale of flavored tobacco products, there’s no ban on the possession of these products by consumers, according to Charlie Minato at Halfwheel.
Credit: Sean Pavone Photo
Los Angeles’ ban will go into effect Jan. 1 barring any legal setbacks, though there’s a chance that state law could change as early as Dec. 8.
In 2020, a bill was signed into law that banned flavored tobacco products in the entire state of California, though due to California’s unique direct government process, that law must survive a ballot referendum this November. If a majority of voters support the flavored vape/tobacco ban—technically, the ballot referendum will ask if they want to rollback the law—then flavored tobacco sales could be outlawed as early as Dec. 8, 2022.
The legislation will now move to Mayor Eric Garcetti, who is expected to sign it, according to Filter.
California’s state law includes an exemption for both shisha tobacco as well as large flavored cigars. However, in order to be exempt, the cigars would need to have a wholesale price of at least $12, meaning they would retail for around $37 given California’s high tax rate on cigars.
The Los Angeles County Board of Supervisors—a separate government that can govern the non-chartered areas of Los Angeles County—passed a ban on flavored tobacco products in 2019. That law has been subject to legal challenges, some of which have been dependent on the outcome of the state law.
In April, the U.S. Food & Drug Administration announced it was moving forward with plans to ban flavored cigars throughout the U.S.
June 2, 2022
Group Urges Swedish Lawmakers to Stop Flavor Ban
Credit: Anette Andersen
The global vaping advocacy group World Vapers Alliance this week delivered an open letter to the Swedish parliament urging policymakers to stop the flavor ban.
World Vapers’ Alliance held another protest yesterday to stand against the ban on vape flavors. The group marched in front of the Parliament with the slogan “Flavors help smokers quit” during parliament’s session and delivered an open letter to members of parliament to urge them to vote against the ban, according to a press release.
Earlier this year, the Swedish government introduced a bill that would prohibit all non-tobacco vape flavours in nicotine and non-nicotine products. If approved, the bill is set to enter into force on 1 January 2023.
“I benefited first hand from vaping and managed to stay smoke free for the last few years,” said Michael Landl, Director of the World Vapers’ Alliance. “Like most other smokers, I tried to find a way out of cigarettes – but nothing worked for me, the patches, the gums, the inhalers. Vaping – and especially combined with flavors – was my savior. And like me there are millions around the world who are healthier and lead a better life because of vaping.”
May 26, 2022
Another California City Readies to Ban Flavored Vapes
A small city outside of Santa Cruz is looking to become one of the next cities in California to ban the sale of flavored vaping and other tobacco products. Last week, the Scotts Valley city council introduced and unanimously passed the first reading of an ordinance that will bring an end of the sale of such products.
The ordinance also includes a ban on smoking or vaping in outdoor dining spaces, as well as requiring that all tobacco retailers be at least 21-years-old and prohibiting all self-service tobacco displays, according to Halfwheel.
The city council must still hold a second reading of the ordinance, which is currently scheduled for June 1. If it passes its second reading, it will go into effect 30 days later.
According to the city council agenda, Scotts Valley is the only one of the four incorporated cities in Santa Cruz County not to have such a ban. The county also has a ban that applies to its unincorporated parts.
May 23, 2022
Washington County, Oregon Votes to Ban Flavored Vapes
Credit: Raw F8
Washington County voters Tuesday overwhelmingly upheld a ban on sales of flavored vaping and other tobacco products.
According to election returns released by the Secretary of State’s Office, 76 percent of ballots were against a repeal of a county policy banning sales of flavored products.
The ban is the first of its kind among Oregon counties.
County commissioners originally passed the policy banning flavored tobacco in November before a vaping industry advocate Jonathan Polonsky successfully gathered enough signatures to put the issue up to voters, according to Pamplin Media Group (PMG).
On the ballot, the measure read “Should ordinance 878, prohibiting flavored tobacco products, machine sales, coupons, discounts, and moveable sales of tobacco products, be repealed?”
Polonsky tried to challenge the wording of the measure, which required voters to vote “yes” against the ban or “no” in favor of the ban, in Washington County Circuit Court, but a judge upheld the measure.
Polonsky told the PMG earlier this month if a majority of voters choose “no,” he intends to appeal the results to an appellate court to determine whether the results of the election are valid based on the ballot language.
According to Tuesday’s results, 66,192 ballots were in favor of the ban, while 20,089 were against it.
May 19, 2022
San Diego, California Officially Bans Flavored Vapes
Credit: Zach
Now it’s official. The San Diego City Council passed an ordinance Tuesday that bans the sale of flavored vaping and other tobacco products — including menthol — in the city, effective Jan. 1, 2023.
The ban follows similar actions in California cities such as Imperial Beach, Encinitas and Solana Beach, along with San Diego County for unincorporated areas.
It also comes months before a statewide referendum tackling the issue in November, according to the Times of San Diego.
The council passed the first reading of the issue in April. This second vote makes the ordinance — known as the Stop Adolescent Addiction From E-Cigarettes or SAAFE Act — law.
The ordinance does not apply to the sale of shisha, premium cigars or loose-leaf tobacco and unflavored or tobacco-flavored e-cigarettes, as well as FDA-approved cessation devices that will also be exempt from the ban.
In opposition to the law at the lengthy public hearing in April were dozens of small business owners, who claimed flavored tobacco made up anywhere from 25 percent to nearly half of their business.
May 18, 2022
New Brunswick Appeals Court Maintains Flavor Ban
Credit: Pete Linforth
The New Brunswick Court of Appeal has upheld a lower court decision not to suspend the province’s ban on the sale of flavored e-cigarettes.
Last September, the province banned all e-cigarette flavors except for tobacco, but a vape store and five individuals wanted sales to resume pending a full court challenge of the legislation, according to CBC.
They argued that vape stores were suffering financially because of the law, and that without flavored e-cigarette options, people trying to quit smoking would go back to smoking tobacco, which poses a greater health risk.
The ruling from the Court of Queen’s Bench in March said the government’s intent with the legislation was to protect the health of residents, particularly young people.
In his one-line decision Thursday, Court of Appeal Justice Brad Green said the motion for leave to appeal is dismissed.
No date has been set for the full constitutional challenge.
May 16, 2022