Tag: flavor ban

Connecticut Legislative Panel Moves Forward With Flavor Ban
Credit: Quatrox Production
A Connecticut legislative panel on public health pushed forward Wednesday with a plan to ban the sale of flavored vaping products in an effort to reduce nicotine use by minors.
According to CT News Junkie, lawmakers have debated for the last two years without passing a proposal that would prohibit the sale of any vaping flavor other than tobacco and increase penalties for businesses caught selling nicotine products to youths.
Wednesday’s 19 to 12 vote found members of the committee split on the issue. Several lawmakers voiced concern that banning flavored vaping products could have the unintended consequence of leading nicotine consumers to more harmful combustible products like cigarettes.
Rep. Jamie Foster pointed to testimony from Yale professor Dr. Abigail Friedman suggesting the policy could increase tobacco use by minors and reduce smoking cessation by adults.
“It would be easier and significantly more comfortable to me to align with the advocates who want children to not have access to tobacco,” Foster said. “It would be easier if we could just say ‘E-cigarettes are evil’ and ban them. I wish we could. I wish the science supported that but it doesn’t.”
March 24, 2022
R.J. Reynolds Loses Challenge to Los Angeles Flavor Ban

Credit: Trek and Photo
A Los Angeles ban on sales of flavored vaping and other tobacco products is valid because federal law allows it, the Ninth Circuit ruled last week in a case brought by R.J. Reynolds Tobacco Co. and related companies.
The Family Smoking Prevention and Tobacco Control Act “carefully balances federal and local power by carving out the federal government’s sole authority to establish the standards for tobacco products,” Judge Lawrence VanDyke said for the U.S. Court of Appeals for the Ninth Circuit, according to news Bloomberg Law.
The carve-out preserves “state, local, and tribal authority to regulate or ban altogether sales of some or all tobacco products.”
Judge Ryan D. Nelson dissented, saying the ban is expressly preempted. The case is among several Reynolds and other companies have litigated over local efforts to restrict flavored tobacco products.
An appeal over a provision in Edina, Minn., was argued to the U.S. Court of Appeals for the Eighth Circuit in May. And Philadelphia agreed to tear up its ban after federal trial and appeals courts questioned the measure’s validity under a preemption provision specific to Pennsylvania.
Reynolds has argued that under the TCA, state and local governments retain the power to set age, location, and storage requirements for tobacco product sales.
“But one thing states and localities cannot do is prohibit the sale of tobacco products because those jurisdictions disagree with federal tobacco product standards,” Reynolds told the Ninth Circuit in March in the Los Angeles case.
The lower court said the Los Angeles County ordinance doesn’t regulate tobacco product standards. The Ninth Circuit agreed. Reading the term “standards” in the TCA’s preemption clause too broadly would run into textual problems, VanDyke said.
But even if the ban fell within the preemption clause, it would meet an exception under a following provision, the “savings” clause, he said.
“In short, the TCA’s text sandwiches limited production and marketing categories of preemption between clauses broadly preserving and saving local authority, including any ‘requirements relating to the sale’ of tobacco products,” VanDyke said. “This unique ‘preservation sandwich’ enveloping the TCA’s preemption clause reveals a careful balance of power between federal authority and state, local, and tribal authority.”
March 24, 2022
Study: Vaping Bans Boost Combustible Cigarette Sales
The U.S. states that have banned or heavily restricted vaping product sales have seen increases in combustibe cigarette sales, according to the latest research. The study titled “Impact of Banning Electronic Nicotine Delivery Systems on Combustible Cigarette Sales: Evidence from US State-Level Policies,” said cigarette sales increased by up to 7.5 percent in one state that imposed a full ban on electronic nicotine delivery systems (ENDS).
Credit: Wire Stock
According to the study, published in the medical journal Value in Health, found that a full ban on ENDS was associated with increased cigarette sales of 7.5 percent in Massachusetts and banning non-tobacco flavored ENDS was associated with a minimum of a 4.6 percent increase in cigarette sales among the US states outlawed most flavors (Massachusetts, Washington, and Rhode Island).
ENDS are considered by many to be an alternative nicotine product for adult smokers, and banning them may have unintended consequences, according to the authors of the study. “Cigarette sales in states banning ENDS were significantly higher than would have been observed otherwise,” researchers Yingying Xu, Lanxin Jiang, Shivaani Prakash, and Tengjiao Chen stated in the study, adding that commercial sales data provided the evidence that banning e-cigarettes was associated with increased sales of traditional cigarettes.
The authors looked at cigarettes sales data in 2020 following the start of restrictions on vaping in several states in the U.S. in the fall of 2019 that were imposed in several states following the outbreak of the e-cigarette or vaping product use-associated lung injury (EVALI), which was caused by illegal THC products and not nicotine vaping products.
The researchers also stated that the results “highlight and quantify potential unintended consequences” of ENDS sales restrictions, and the study’s results should be considered in the future as part of public health impact analyses of such policies.
“Additional research is also needed to investigate the impact on spatial spillover effects, illicit markets, and other scenarios that may arise in response to ENDS restrictions. Furthermore, the long-term impact of ENDS sales bans on ENDS and cigarette sales, as well as the distal public health outcomes, will need to be studied as additional data become available,” the report states.
March 23, 2022
China: Vape Exports Must Comply With Destination Rules

Credit: Maksym Yemelyanov
China’s State Tobacco Monopoly Administration (STMA) regulations for e-cigarettes are strict. The country will begin enforcing the license management for e-cigarette production, wholesale and retail entities starting from May 1, according to a translated version of updated regulations. They apply to all hardware and e-liquid products, including all components and ingredients. The announcement follows preliminary draft rules authorities issued in December 2021.
“The administrative department in charge of tobacco monopoly of the State Council takes charge of national supervision and management of electronic cigarettes, and is responsible for the formulation and organization of implementing electronic cigarette industry policies,” the regulations state. “The administrative department in charge of tobacco monopoly of the State Council shall organize professional institutions for technical review of electronic cigarette products based on inspection and testing reports and other application materials.”
Rules for products being produced for export could be market changing, and crushing for destination countries. China states that all products produced for export must comply with the regulations and laws in the destination country. If a country does not regulate e-cigarettes, China’s rules for vaping products would apply to those exports, including bans on flavors and synthetic nicotine.
“Electronic cigarette products not sold in China and only used for export shall comply with the laws, regulations and standards of the destination country or region,” the rules state. “If the destination country or region does not have relevant laws, regulations and standards, they shall comply with China’s relevant laws, regulations and standards.”
One industry expert with knowledge of China’s vapor industry said that China may choose to not enforce its export rules, however. “China doesn’t want to crush vaping exports,” he said. “They could choose to hold back enforcing the export provisions.”
The most critical changes locally in China’s rules is the country will now ban all non-tobacco flavors. China will also not allow for the sale of open systems, only closed pod systems will gain marketing approval. The importation of any vaping related products, such as pre-mixed e-liquids, must also be approved by Chinese authorities, according to the regulations.
Any company that produces e-cigarettes in China must now get a license. If a company wants to expand its production or product portfolio, the company must garner approval from the STMA. All nicotine must be tobacco derived and purchased from approved sellers in China, the regulations state. Chinese regulators will also establish a unified e-cigarette traceability system to strengthen the whole-process management of vaping products.
“Electronic cigarette wholesale enterprises shall not provide electronic cigarette products to units or individuals that are not qualified to engage in electronic cigarette retail businesses,” the regulation states.
The rules also state that “enterprises or individuals that have obtained the tobacco monopoly retail license … shall purchase electronic cigarette products from local … wholesale enterprises, and shall not exclusively operate the electronic cigarette products sold on the market.” One industry expert explained to Vapor Voice that the statement means all retail outlets must sell multiple brands and not just a single brand. Traditionally, stores such as RELX, the largest vaping retailer in China, only sold its own brands.
Additionally, authorities will establish a “unified national electronic cigarette transaction management platform” that e-cigarette industry businesses that have obtained tobacco monopoly licenses must conduct all transactions through. It is unclear if China will also begin cracking down on manufacturers of counterfeit products for export, however, the rules do encourage the reporting of these and other illegal manufacturers.
“Rewards will be given to units and individuals who have made meritorious deeds in reporting cases of illegal production and sales of electronic cigarette products, e-atomization material products and electronic cigarette nicotine,” the rules state.
March 16, 2022
Illinois Bill Would Ban Flavored Vapes, Including THC
The flavor ban bill introduced in Illinois would also ban flavored THC vaping devices. Senate Bill 3854, introduced in January, is currently in committee. Any flavored flavored vaping product, including heat-not-burn systems and tobacco chew, would be banned.
Credit: Kurgu 128
The bill provides “that (1) “tobacco product” includes products containing tetrahydrocannabinol and products containing a mixture of tetrahydrocannabinol and nicotine, and (2) “tobacco retailer” includes dispensing organizations and dispensing organization agents, as those terms are defined in the Cannabis Regulation and Tax Act. Creates a presumption that a tobacco product, related tobacco product, alternative nicotine product, or solution or substance intended for use with electronic cigarettes is a banned product, solution, or substance intended for use with electronic cigarettes if it has or produces a characterizing flavor.”
A consumer advocacy group says the measure could do more harm than good. Elizabeth Hicks, U.S. Affairs analyst with the Consumer Choice Center, said enacting a flavor ban for vaping products will push adult consumers to switch back to smoking combustible tobacco at a time when smoking cigarettes has been trending down in Illinois, according to KPVI.
“About 12% of adults in 2020 reported smoking, however, if this bill passes, we can certainly expect that number to increase,” Hicks said. “This ultimately will lead to increases in smoking-related healthcare costs, which are already costing Illinois taxpayers over $1.9 billion annually,” Hicks said.
The state of Illinois passed two laws last year aimed at making it harder for minors to access vaping products. The first law (Senate Bill 512) prohibits the use of cartoon characters, video game characters, and popular children’s media from advertisements for e-cigarettes. It also makes it harder to buy vaping products online. Buyers will now have to use a credit card or check in the buyer’s name.
The second law (Senate Bill 555) amends the Substance Use Disorder Act to include vape shops. Adding vape shops allows the Illinois Department of Human Services to do compliance checks on the sale of e-cigarettes according to the minimum purchasing age of 21.
March 8, 2022
Sweden Proposes Ban on Flavored Vaping Products
The Swedish government has proposed a ban on nontobacco-flavored vapes, including menthol, according to Vaping360.
Credit: Luzitanija
The proposed law includes nicotine and non-nicotine e-liquid and regulates all synthetic nicotine products, setting the purchase age to 18. If the law is passed, the sale of flavored vape products will be banned effective Jan. 1, 2023.
The bill is currently being reviewed by the Council on Legislation, which considers the legal validity of proposed bills before they are considered by legislators. Parliament will vote on the bill as early as March 22.
If the bill is passed, Sweden will be the eighth European country to prohibit flavors, following Estonia, Finland, Hungary, Ukraine, Denmark, Lithuania and the Netherlands.
March 4, 2022
Santa Ana, Calif. Bans Flavors for Vaping, Tobacco Products
Credit: Argus
The Santa Ana City Council on Tuesday voted in favor (7-0) of an ordinance that would ban the sale of flavored vaping and other tobacco products, including hookah. A second reading of the ordinance has not yet been scheduled.
“Santa Ana displayed courageous leadership to save Black lives and put the health of our kids ahead of the profits of Big Tobacco. Of special note is the inclusion of flavored cigars because the abundance of cheap flavored cigars is a big problem in our community,” stated African American Tobacco Control Leadership Council (AATCLC) co-chair Carol McGruder in an email. “We applaud Mayor Sarmiento, Mayor Pro Tem Bacerra, and Councilwoman Mendoza for their leadership in passing this bill.”
A trade group representing business owners in the hookah industry asked the council to reconsider its inclusion of hookah in the ordinance. They said that one way to balance the interests of lawmakers in protecting youth from flavored tobacco products, while preserving the hookah’s rich cultural tradition, would be actions similar to the California state bill SB 793, which bans flavored tobacco products but exempts hookah tobacco, loose leaf tobacco, and premium cigars.
The statewide measure also limits hookah tobacco sales to adults only and no minor can enter an establishment that sells it. The referendum is on the ballot in California on November 8, 2022.
March 2, 2022
Look Back: Vapor in 2021

Last year was a difficult one for vapor companies as regulation, taxation and flavor bans made their impact on the industry.
By VV staff
On Sept. 9, 2020, e-cigarette manufacturers needed to have submitted premarket tobacco product applications (PMTAs) to the U.S. Food and Drug Administration to keep their electronic nicotine-delivery system (ENDS) products on the market. Going into 2021, many applicants hoped to receive marketing approval orders. That didn’t work out. Instead, the FDA rejected the vast majority of applications—many of them for excluding studies that the agency didn’t appear to require at the start of the process.
By Dec. 31, 2021, the FDA had issued marketing denial orders (MDOs) for most of the more than 6.5 million PMTAs submitted by 500 companies. Only an estimated 80,000 products remain under review and, as of press time, only the Vuse Solo and two tobacco-flavored Solo pods have received a marketing approval order. Many of the applications still under review are “ones submitted by the companies with the largest market shares because they tend to be the largest and most complex applications,” according to Mitch Zeller, head of the FDA’s Center for Tobacco Products (CTP).
The U.S. Postal Service (USPS) banned the mailing of vapor products in 2021, and Congress started debating a federal nicotine tax, which at press time had been removed from the legislation. Last year, many MDO recipients had those orders stayed by a court or rescinded by the FDA. Withdrawn products returned to market, leaving retailers confused. Misinformation about vaping was widespread throughout the year. Synthetic nicotine and disposable vape pens began to dominate sales and several new cannabinoids came to market. Let’s look back at the top stories of 2021.

January
Beverly Hills and Manhattan Beach, both in the Los Angeles area, began to enforce a ban on vapor products, the strictest vaping rules in the U.S.
Shares in Chinese e-cigarette maker RLX Technology, parent to the RELX brand, jumped 146 percent in their trading debut after raising $1.4 billion in its U.S. initial public offering.
Following the enactment of smoke-free laws in Paraguay, every South American country banned vaping and smoking in most public places.
The FDA sent its first warning letters to manufacturers of ENDS products that did not submit PMTAs by the Sept. 9, 2020, deadline.

Credit: TPB
February
Turning Point Brands announced a proposed private offering of $250 million aggregate principal amount of its senior secured notes due 2026.
The public comment period began for the U.S. Postal Service’s ENDS mailing rules. R.J. Reynolds Vapor Co.’s (RJRV) Vuse Alto began selling nationally in the U.S.
Utah Senator Mitt Romney pushed for flavored vaping products to be pulled from shelves across the United States.
March
The World Health Organization study group on Tobacco Product Regulations recommended prohibiting open systems.
The litigants in two lawsuits challenging the constitutionality of the FDA’s Deeming Rule for vapor products, Big Time Vapes and Moose Jooce, asked the Supreme Court of the United States (SCOTUS) to take up their cases.
The Preventing Online Sales of E-Cigarettes to Children (PACT) Act forced many companies to end online sales to U.S. customers. Many went out of business altogether because of the new rules.
China announced its intent to overhaul rules governing the ENDS market. The news caused a steep drop in the value of RLX Technology shares, from which the company has yet to recover.

Kate Wang / Credit: RELX

April
Virginia became the 16th state and first southern U.S. state to legalize the possession of small amounts of marijuana.
Charlie’s Holdings, parent to the Charlie’s Chalk Dust and Pacha Mama brands, raised $3 million in a private stock sale.
American TV personality Phillip Calvin McGraw, also known as Dr. Phil, wrongly blamed the e-cigarette or vaping use-associated lung injury (EVALI) lung illness outbreak on vaping nicotine products. The USPS published its guidance for mailing vaping products in the Federal Register.
The FDA stated its intent to ban menthol as a characterizing flavor in cigarettes, saying it would exclude e-liquids.
May
An estimated 3,000 people visited the Tobacco Plus Expo (TPE) on the opening day of the three-day event, the first vapor trade show since the pandemic began.
The WHO reasserted its abstinence-only approach to nicotine. The U.S. International Trade Commission (ITC) ruled that Philip Morris International’s IQOS device infringes on two patents owned by BAT subsidiary Reynolds American Inc.
Meanwhile, a judge ruled that RJRV’s Vuse Solo and Ciro e-cigarettes infringe patents owned by Fuma International. Joining a growing number of U.S. states, New York expressly prohibited Delta-8 THC and other THC isomers derived from hemp.
The FDA published a list of ENDS products that could be legally marketed in the U.S.

June
Poda Holdings launched its “zero cleaning” heat-not-burn (HnB) product after six years of development. SCOTUS denied Big Time Vapes and Moose Joose a request for a writ of certiorari. The German Bundestag signed off on a bill to raise taxes on combustible cigarettes, e-cigarettes and HnB tobacco products.
An investor filed a class action suit against RLX Technology, claiming the manufacturer overstated its financials and misrepresented potential regulatory risks when it filed its IPO. San Francisco, Connecticut, Washington, D.C., Los Angeles and Canada proposed or enacted flavor bans.
A study in the U.K. gave homeless people free e-cigarette starter packs. North Carolina settled its lawsuit with Juul Labs for $40 million.
July
Vaporesso and FEELM parent, Smoore International Holdings, was the only vaping technology company to make the Forbes 2021 Global 2000 list.
Australia set maximum fines of up to aus11 million ($8.2 million) for businesses caught selling illegal nicotine vaping products.
The FDA was accused of issuing unwarranted warning letters and leaving companies off of its list of accepted PMTAs. The agency was also criticized for using poorly functioning PMTA filing software.
Juul Labs paid $51,000 to buy an entire issue of the American Journal of Health Behavior to publish its own vapor studies and make it publicly available. The town of Brookline, Massachusetts, prohibited the sale of all tobacco-related products to anybody born after Jan. 1, 2000. The Chinese vaping company Aspire Global announced terms for its U.S. IPO—which didn’t happen.
The Federal Bureau of Investigation and the Drug Enforcement Administration raided the cannabis culture and accessories trade show, CHAMPS, because vendors were giving unauthorized Delta-8 THC product samples. Bidi Vapor parent, Kaival Brands, began trading on the NASDAQ.

August
The FDA issued a Refuse to File letter to the JD Nova Group for its estimated 4.5 million PMTAs, which accounted for approximately two-thirds of the total number of PMTA submissions.
Smok Parent, IVP Technology, considered a Hong Kong IPO—which didn’t happen. The FDA issued the first MDOs covering more than 55,000 products.
A study found that, contrary to what earlier studies suggested, vaping products are not associated with increased heart attack incidence among people without a history of smoking combustible cigarettes.
September
As the PMTA deadline approached, the FDA asked for more time before deciding whether some “e-cigarettes from market leader Juul Labs” and others are appropriate for the protection of public health. Numerous companies received MDOs from the FDA the night before the deadline.
Vuse became the No. 1 global vaping brand by value share. No product got marketing orders on the court-imposed Sept. 9 deadline; instead, the FDA issued MDOs to more than 130 small companies, including Turning Point Brands, requiring companies to pull an estimated 946,000 products from the market.
Congress proposed the U.S. Tobacco Tax Equity (TTE) Act, which would tax vaping products the same as combustible cigarettes. The legislation later gets attached to the Build Back Better (BBB) Act. The FDA released its annual National Youth Tobacco Survey (NYTS) showing that youth use of e-cigarettes fell sharply in 2021, the second consecutive year of major declines.
The FDA said the 2021 NYTS can’t be compared to previous years because Covid-19 caused schools to close and altered testing procedures.

October
Zanoprima Lifesciences announced the commercial production of its SyNic brand of synthetic (S)-nicotine. Turning Point Brands had its MDO rescinded by the FDA because the company did in fact submit newly required studies.
The FDA’s Fatal Flaw review process was revealed after court documents were released. After more than six months, the USPS finally posted for public inspection its rules for mailing e-cigarettes in the Federal Register.
The FDA gave the first ENDS marketing approval to RJRV’s Vuse Solo device and two tobacco-flavored pods, which are widely regarded as antique products compared to current vaping offerings.
The FDA authorized the marketing of four oral tobacco products that are no longer on the market. Ten MDOs were rescinded or stayed by the FDA or in court.
November
More details surfaced surrounding the Fatal Flaw review, a simple review in which the reviewer examines the submission to identify whether it contains the necessary types of studies. “The Fatal Flaw review will be limited to determining presence or absence of such studies; it will not evaluate the merits of the studies,” an FDA memorandum states.
Previously proposed nicotine/vapor tax increases were removed from the BBB Act.
The Conference of the Parties to the WHO Framework Convention for Tobacco Control held its ninth session, this time virtually.
The nicotine tax resurfaced in the BBB Act. RJRV settled its Fuma lawsuit two days before the trial was set to start.
Biden nominated former FDA chief Robert Califf to again lead agency.

December
Draft rules governing e-cigarettes and vapor products were issued by China’s tobacco regulator.
The nicotine tax was again removed from the BBB Act.
The U.S. Trade Representative upheld the ITC’s finding that Philip Morris International’s IQOS infringes on BAT patents and Altria ended all U.S. sales.
The Spanish government took control the country’s sales and distribution of vaping products.
CTP Director Mitch Zeller announced plans to retire from the CTP in April.
Once the largest chain of vape shops, Avail Vapor sold the majority of its retail locations and closed its remaining stores.
Turning Point Brands received a USPS exemption for its VaporBeast subsidiary’s vape mail.
The FDA authorized the marketing of 22nd Century Group’s low-nicotine, combustible filtered cigarettes as modified-risk tobacco products.
Looking ahead
The outlook for 2022 is vague at best for vapor. The FDA has a new director, and Zeller is retiring from the CTP, and things can change quickly under new leadership. It’s expected that the FDA will make decisions on the major ENDS brands at some point in the year, and there are still an estimated 44 lawsuits pending over the issuing of MDOs. The industry has already seen numerous vapor-related businesses close, consolidate or be bought out by larger competitors. Experts say that much of the same can be expected in 2022.
“With the announcement of Zeller stepping down, I think we will continue to see vastly extended approval times for the majority of vapor products still being evaluated by the FDA, especially with open litigation covering many of these products,” said Josh Church, managing director of Roots Holding. “The products that do make it through the approval process will be high-value SKUs to large tobacco product manufacturers and will likely either be bought outright or there will be some agreement in equity share to utilize tobacco’s historic distribution network.”
Last year left a lot of questions that the industry still needs answers to in 2022. There also probably won’t be many major changes in the vapor market other than continued sales growth in 2022, according to Church. “I think we can all agree that 2021 was a rough year. I believe that this year, we will observe the run out of the mail ban—effects of the PACT Act—on ecommerce,” he said. “That will come alongside continued brick-and-mortar business closures for those who don’t diversify their product offerings. I wouldn’t say 2022 is going to be worse than 2021, but I don’t expect it to change very much either.”

February 28, 2022
FDA Submits Menthol Ban to White House for Review
Credit: New Africa
The U.S. Food and Drug Administration is a step closer to a complete ban on menthol-flavored cigarettes and cigars.
The ban is not expected to impact vaping products, although many experts predict a menthol combustible ban could possibly transition some menthol smokers to e-cigarettes. It is predicted to be similar to what happened in the U.K. when it banned menthol cigarettes in 2020.
Thursday the agency submitted its proposal to the White House’s Office of Management and Budget, according to news reports.
In 2020, the regulatory agency enacted a “flavor ban” on e-cigarettes because they targeted middle and high school students. Now, public health officials argue banning menthol, the last allowable flavor in cigarettes, will save lives.
In its proposal, the FDA provides evidence that menthol tobacco products are heavily marketed to racial minorities. The U.S Centers for Disease Control and Prevention reports more than 85-percent of menthol smokers are black, taking a disproportionate toll on their health.
FDA officials say the proposed menthol ban will still need to be opened to public comment before a final review.
February 28, 2022
Kentucky Bill Would Allow Cities to Pass Vapor Laws
Many states are seeking to limit local governments from passing restrictions beyond state vaping and tobacco laws such as flavor bans. A Kentucky lawmaker, however, has filed a bill to give cities and counties more power to pass their own rules dealing with smoking and vaping.
According to WKYT.com, Senate Bill 166 would allow cities, counties or other local governments to adopt tougher rules or restrictions than the state allows when it comes to smoking or vaping products.
Credit: Andreykr
Tony Florence, the owner of four Lexington vaping stores, told the news agency that the bill would be extremely damaging to because business owners and other vaping advocates would have to fight regulation in every city or county, causing problems for thousands of mom-and-pop style businesses.
Florence says vaping products generate a lot of tax revenue for the state and he says this bill would be hurtful to a product that he says is less harmful than cigarettes.
SB 166 is sponsored by Senator Wil Schroder and would impact the use, sale, or distribution of tobacco or vapor products. The bill has been assigned to the Senate Health and Welfare Committee but has not yet been called up for a vote.
February 22, 2022