Leaders of Deschutes County, Oregon, are asking the state Legislature to ban flavored tobacco products to protect kids from smoking or vaping. “Nine out of ten adults who smoke reported that they started smoking before the age of 18,” Deschutes County Tobacco Prevention Specialist Jasmine Gerraty told Commissioners Monday.
Commissioner Tony DeBone was the lone ‘No’ vote, saying he doesn’t believe the county has much authority on the matter: “There’s a lot of good information here. There’s a legislative choice at the Legislature.” In 2020 and ’23, with the commissioners’ approval, Deschutes County public health officials testified in Salem in support of statewide bans that later failed.
Commissioner Phil Chang read part of a proclamation he approved Monday, saying, “Whereas ‘Big tobacco’s’ use of candy flavors like bubblegum, blue raspberry, root beer and minty menthol have an increased likelihood of attracting new and existing consumers – especially students and other targeted groups – on the massive hits of nicotine their tobacco products can deliver.”
Commission Chair Patti Adair also approved of the proclamation, reading in part, “Be it resolved that Deschutes County strongly encourages the Oregon Legislature to pass legislation ending the sale of flavored tobacco products. This action is necessary to protect our children, students and other targeted groups from starting or continuing the use of candy-flavored and minty-menthol tobacco products.”
EU health ministers on June 21 discussed proposals to restrict flavors in consumer nicotine products, such as vapes and nicotine pouches.
The EU Employment, Social Policy, Health and Consumer Affairs Council will consider proposals from Latvia and Denmark to support an EU-wide flavor ban and a crackdown on cross-border sales, among other recommendations.
If the health ministers reach consensus support for these proposals, the next step would be to ask the European Commission to introduce draft legislation, which would eventually be voted on by the council and the European Parliament, according to Vaping360.
Denmark, Estonia, Finland, Hungary, Lithuania, the Netherlands and Slovenia already ban vape flavors. Spain recently completed a public consultation on a proposed flavor ban while Latvia reportedly is in the process of introducing flavor restrictions.
The Tobacco Products Directive allows the member states to set their own rules for flavors. The Latvian proposal asserts that individual bans don’t work due to cross-border sales, among other factors.
Vaping activists have urged the EU to keep e-cigarette flavors legal.
“By supporting a flavor ban, EU health ministers would push millions of adults back to smoking or into the black market, endangering lives and ignoring scientific evidence. A flavor ban would be a huge step backward for public health and harm reduction,” said Michael Landl, director of the World Vapers’ Alliance, in a statement.
“Scientific research consistently shows that flavors play a crucial role in helping smokers quit. The endorsement of the flavor ban ignores those findings and the clear will of the people, opting instead for a policy that will cause more harm than good. The World Vapers’ Alliance will continue fighting for reasonable, evidence-based policies that truly protect public health.”
U.S. Senators criticized top health and law enforcement officials for their failure to tame the rapidly growing illicit e-cigarette market, reports the Associated Press.
During a hearing on June 12, lawmakers on the Senate Judiciary Committee questioned officials from the Food and Drug Administration and Department of Justice (DOJ) about attempts to manage the vaping market, which has grown to include thousands of flavored, unauthorized e-cigarettes imported from in China.
To date, the agency has approved only a handful of e-cigarettes as alternatives for adult smokers. All other products on the market, including popular products like Juul, are pending review or considered illegal by regulators.
“I simply do not understand how FDA and DOJ have permitted thousands of products to remain on store shelves when their manufacturers have not received authorization, or, in some cases, even filed an application,” said the committee’s chairman, Dick Durbin.
Brian King, director of the FDA Center for Tobacco Products, said the agency has been slowed by a backlog of applications submitted by vape companies seeking approval to sell their products in the U.S. The FDA received millions of premarket tobacco product applications, each of which must be scientifically reviewed.
An industry lobbyist told the committee that the FDA has created an untenable marketplace by rejecting more than 99 percent of applications submitted by companies.
I simply do not understand how FDA and DOJ have permitted thousands of products to remain on store shelves when their manufacturers have not received authorization, or, in some cases, even filed an application.
Ahead of the congressional hearing, several government agencies, including the FDA and the DOJ established a task force to better coordinate the fight against illegal e-cigarettes. Republican Senator Thom Tillis called the timing of the announcement “a political stunt,” and criticized the absence of other federal agencies from the initiative, including Customs and Border Protection (CBP).
“If the timing of the task force formation wasn’t evidence of how unserious the FDA is about tackling the flood of illicit e-cigarettes, FDA’s exclusion of CBP from the task force makes it crystal clear,” said Tillis, who represents North Carolina, a major tobacco-producing state. He urged officials to concentrate enforcement on Chinese brands, rather than large domestic manufacturers like Reynolds American, which is based in North Carolina.
The FDA can conduct investigations and recommend cases, but only the Justice Department can bring lawsuits. The FDA has sent hundreds of warning letters to vape shops and e-cigarette manufacturers in recent years. But the letters have done little to dissuade companies from flouting FDA rules and introducing new vapes.
Disposable vapes account for an estimated 30 percent to 40 percent of the roughly $7 billion-dollar U.S. vaping market. The two best-selling disposables—Breeze and Elf Bar—generated more than $500 million in sales last year, according to Nielsen retail sales data analyzed by Goldman Sachs.
Both brands have been sanctioned by FDA regulators but remain widely available, in some cases with new names, logos and flavors.
King noted that products like Elf Bar cannot legally be sold in China because the government there has banned non-tobacco flavored e-cigarettes. Outraged that brands banned in China are sold in the U.S., Texas Senator John Cornyn vowed to introduce legislation to rectify that situation.
Jefferies analyst Owen Bennett said the Congressional testimony could spur the FDA to approve more products from British American Tobacco and Juul. “This hearing is another example of increasing political pressure for the FDA to act” against unauthorized products, he said in a research note quoted by Bloomberg.
Two groups of e-cigarette distributors are urging a New York state court to dismiss claims from New York City alleging they’re violating city laws by selling flavored e-cigarettes. The defendants say the law in question only applies to retail sales, not distributor-to-distributor sales.
The 11 defendants – located in Brooklyn, Queens, Long Island, and upstate New York – are alleged to have distributed, and continue to distribute, flavored disposable e-cigarettes – such as Strawberry Colada, Mellow Mint, Blueberry Energize, and Frozen Creamsicle – to retail vape and smoke shops, convenience stores, and directly to consumers over the internet, in violation of federal, New York state, and New York City law.
The lawsuit seeks to block the defendants from further selling the items and seeks damages and penalties under state and city statutes. It is a companion to the city’s pending 2023 federal lawsuit, in which two defendants are already subject to court orders barring their sales and shipments of flavored e-cigarettes into the city.
Surveys commissioned by the Tholos Foundation and conducted by Ipsos in multiple countries have shown that a significant majority of vapers use flavors other than tobacco to help reduce and quit smoking. Notably, 83 percent of vapers in Germany stated that flavors are crucial in their decision to vape, with similar high percentages reported in Belgium, the Netherlands and Sweden. The research also showed that, in countries where flavors were banned, many vapers went back to smoking or for black market alternative, and reference numerous scientific studies confirming that flavors are essential for the effectiveness of vaping products in smoking cessation.
With European elections due to take place shortly, the Tholos Foundation believes it is imperative policymakers take heed of voters’ concerns and reject extensive restrictions on smoking alternatives.
“The evidence is clear: flavors in vaping products are critical to helping smokers quit,” said co-author Tim Andrews in a statement. “Banning flavors will create a black market and drive people back to smoking. Our reports offer an evidence-based approach that combines rigorous law enforcement, education, and technological innovations to reduce underage experimentation while preserving the benefits for adult smokers.
“With the European elections approaching, it is crucial for policymakers to understand the importance of harm reduction strategies. Our findings support a balanced approach that protects public health and helps smokers transition to safer alternatives.”
The Tholos Foundation is an international non-governmental organization, affiliated with Americans for Tax Reform, dedicated to advocating for consumers.
A judge in Ohio has ruled that the state law that prohibits cities from banning flavored tobacco is unconstitutional.
Franklin County Common Pleas Judge Mark Serrott’s Friday ruling allows bans in Columbus and other cities to stay in effect.
Columbus City Attorney Zach Klein said in a statement that he applauded the decision, according to media reports.
He said, “While we know this may not be the end of the fight, this decision is a significant win for both the city of Columbus and for the health and safety of children and families.”
Columbus, Cleveland, Cincinnati and 11 other cities sued the state back in April.
The Oregon Court of Appeals upheld a Washington County ban on flavored tobacco sales.
Washington County commissioners approved Ordinance 878 in 2022, but it was not enforced because a circuit court judge overturned it.
In his opinion, Circuit Judge Andrew Erwin wrote that prohibiting the sale of flavored tobacco must come from the state, not the county.
The county appealed the judge’s decision, and the court found that the county is not preempted by state law. According to Washington County’s website, businesses will be inspected each year to ensure compliance with the ordinance.
Tony Aiello, Jr., the attorney for the plaintiffs-respondents, released a statement, saying, in part, “My Clients are disappointed with the decision by the Court of Appeals today and intend to seek review by the Oregon Supreme Court.
“We read the Court of Appeals’ decision to conflict with itself in several places and are optimistic that the Oregon Supreme Court will reach a different conclusion if our case is granted review.”
“The law establishes a ban on the sale and distribution of non-smoking tobacco products, vapes, flavors and liquids for them, as well as their advertising,” according to the Akorda.
Punishment for sale and distribution ranges from fines to arrest. The law will come into force 60 days after publication, according to media reports.
Astana Akimat (administration) and Kazakh athletes launched a campaign to encourage residents to exchange electronic cigarettes for sports equipment.
“We want to teach young people through this campaign the importance of engaging in sports and maintaining good health. Together we want to guide them on the right path. We hope that our campaign will motivate many people,” said Kyokushinkan karate athlete Alikhan Asubayev.
Vaping products collected during the campaign will be disposed of at a specialized plant.
Vaping on the island of Sint Maarten is slowly starting to make a dent in combustible cigarettes sales.
By Timothy S. Donahue
One in five people smoke combustible cigarettes on the island. There isn’t any wonder why. A carton of the leading super premium brand American Spirits retails for $25. There isn’t much incentive to switch to vaping products when a 3,000-puff disposable vape costs $20 or more. The island of Sint Maarten/Saint Martin (SXM) is duty-free, so traditional tobacco products are cheap. Vaping products, however, can be expensive and limited in choice depending on where you look.
There are no smoking regulations on Sint Maarten (the Dutch side of the island). However, in Saint Martin (the French side of the island), the rules for smoking are the same as in France. You can smoke or vape pretty much anywhere, though. Research indicates just 1.4 percent of Dutch adults regularly use an e-cigarette, but one in five adults still smokes tobacco. No statistics could be found for the French side.
Legislation has recently been proposed to ban smoking in all restaurants, bars and casinos; however, smoking is currently allowed inside bars and restaurants in Sint Maarten. Many restaurants do not accept cigar or hookah smoking. Many bars, such as the popular Red Piano in Simpson Bay, encourage the use of e-cigarettes. “You can smoke cigarettes inside. We tried to stop that, but it didn’t work out,” an employee said. “Vaping is strongly encouraged in the smoking section as it is less disturbing for other patrons, staff and entertainers.”
Kyla Peters (credit: Timothy S. Donahue)
France’s National Assembly recently unanimously approved a bill to ban disposable e-cigarettes. If that becomes law, and the French side of SXM also bans those products, prices will rise further on the more tourist-heavy Dutch side of the island. Likely, shops on the French side would just keep selling them, however, even if disposables were to be banned technically, according to locals.
The vaping market is growing in SXM, even with the challenges of cheap combustibles. Kyla Peters, with Don Caribe Souvenirs in Philipsburg, said that many locals are switching to vaping products, but the tourist shops aren’t where they buy them. Residents go to “Chinese grocery stores” (as locals call them) because the products are less expensive and good quality. There have also been a few vape shops that have opened on the island.
“There are some things locals just won’t buy in the tourism-heavy areas on the island, and vapes are one of those things,” explains Peters. “The difference between buying an Elf Bar, for example, can be $5—or even more than that—less expensive when you start moving further inland.”
Peters said Elf Bar is the most popular brand that she sells. It is also one of the most popular brands across the island. The most popular flavors are fruit and mint. She also said that the main reason for the higher costs of vaping products on the island is often the cost of shipping. It’s expensive to ship goods to small Caribbean islands. However, that cost is balanced out by the island being duty-free.
“We don’t have tobacco taxes; there are no customs duties, VAT or other indirect taxes to pay. That is why cigarettes are so cheap. We sell a lot more cigarettes on the island than vapes, but vapes are a growing market,” Peters said. “There are a limited number of vape shops on the island; they are mostly ‘smoke shops’ that sell all types of nicotine products. As the popularity of vaping grows, I do believe the consumer cost of vaping products will come down, and locals, especially, will start to vape more.”
Stephanne Martin
Buying vapes at a vape shop is a better alternative than a souvenir shop by a cruise ship port. In February, the Purple Fox Smoke Shop opened in Simpson Bay. The owner, Stephanny Marlin, said that business has been growing steadily. “It’s been great, honestly,” she said. “I would say it’s a mix of both; it’s 50/50, locals and tourists.” She noted that disposables were the most popular items, followed by e-liquids. “We also sell pod systems, but they are not as popular as the other products.”
The Purple Fox, however, offers a 9,000-puff disposable for $24. That would bring the cost of vaping below even the super low price of combustibles on the island (on a per-puff basis). A former smoker herself, Marlin said many former smokers switched because vapes don’t stink like cigarettes and the cost of vaping has become more reasonable.
“I quit smoking a while back. But if you buy a pack of cigarettes, maybe it’s $3, $4, and you get, what, 20 cigarettes. But when you’re buying a vape, for example, the ones that I sell, which is 9,000 puffs for $24, you’re getting way more value for your money,” Marlin explains. “So, it’s worth the price. I haven’t had anybody complain about the pricing.”
The island will likely continue to be a haven for combustible tobacco products. Lawmakers are attempting to enact flavor bans for vaping products, and youth uptake is a concern for the island. However, for an island with such a large number of combustible smokers, the harm reduction potential of vaping on the small island is huge.
The vaping industry continues to overcome regulatory challenges and false narratives.
By Greg Conley
Over the past decade, Vapor Voice has closely tracked the vaping industry’s turbulent evolution from niche interest to a subject of global attention. These years have been marked by significant shifts due to technological advancements, evolving regulatory landscapes and changing public health views. As a longtime advocate for safer nicotine alternatives, I’ve observed the industry’s struggle for legitimacy and its ongoing battle against misinformation.
In the early days of the vapor industry, doubts and skepticism were rampant. I had a memorable encounter in 2011 at a conference filled with tobacco industry executives. There, an executive remarked to me, “Enjoy this while it lasts. You’ve got about a year left before the U.S. Food and Drug Administration crushes you.” There was no malice or ill will in his voice but rather a resigned acknowledgement of the regulatory hurdles that lay ahead, courtesy of the FDA’s Center for Tobacco Products (CTP) and the 2009 Family Smoking Prevention and Tobacco Control Act. This insight foretold the imminent regulatory challenges we were about to face.
Greg Conley
Initially, certain industry players were confident in their ability to satisfy CTP requirements. Despite the plain text of the Tobacco Control Act, some manufacturers still believed that the CTP would not outright reject flavored products. A stark reality check was dealt when the CTP’s original deeming proposal was leaked online in 2015. Had the Office of Management and Budget at former President Barack Obama’s White House not intervened to object to a provision that would have immediately pulled flavored products from the market, the industry could be radically different today.
The appointment of Scott Gottlieb as FDA commissioner during former President Donald Trump’s administration was initially met with cheers. This ignited industry hopes for a science-based approach to the impending deadlines for submitting premarket tobacco product applications (PMTAs). Yet, Juul’s skyrocketing popularity and the associated increase in youth vaping quickly became a major point of contention, halting any progress toward streamlining the PMTA process.
A profound nadir of the last decade was undoubtedly the summer 2019 e-cigarette or vaping product use-associated lung injury (EVALI) crisis. Even as the evidence grew linking the illnesses and deaths to illicit THC products, the legal nicotine vaping industry was unjustly blamed and the subject of sensationalist media coverage. Worse still, several of the nation’s top health officials spearheaded efforts to cloud the true cause of EVALI.
Notably, one health official who played a central role in the U.S. Centers for Disease Control and Prevention’s mishandling of the EVALI situation now holds a significant role in shaping the future of vaping—Brian King, who heads the CTP. It is deeply ironic that King, who helped add fuel to the fire that caused a remarkable decline in public perception of nicotine vaping, now oversees the CTP’s purported efforts to rectify misconceptions about smoke-free nicotine products.
As the industry emerged from the doldrums of the EVALI crisis, it faced the longstanding regulatory challenges that advocates had been cautioning about for years. Following numerous delays, the submission deadline for PMTAs for tobacco-derived nicotine vaping products finally arrived in September 2020. Amid the global focus on Covid-19 and the impending presidential election, the media was uninterested in stories about small business concerns with the CTP’s flawed system.
September 2020 was not an easy month for CTP employees. When it proposed the deeming regulation, the CTP predicted that it would receive fewer than 3,000 PMTAs. However, the vapor industry firmly stood its ground. Through an effort spearheaded by the founding members of the American Vapor Manufacturers Association, over 200 manufacturers inundated the CTP with several million PMTAs.
As anticipated, chaos ensued. The FDA’s system was completely overwhelmed. The agency was at a loss on how to proceed with the PMTAs. The indecision ended after an April 2021 legislative hearing, during which FDA Acting Commissioner Janet Woodcock was harangued by House Democrats who wanted to see all PMTAs for flavored vaping products immediately denied. She returned to the FDA and mandated that the CTP create a new system to expedite the denial of the backlog of vapor product PMTAs.
The FDA’s infamous “fatal flaw” memo resulted in the banning of millions of nicotine vaping products. These bans were not based on any direct public health risk posed by the products. Rather, they were implemented because, well, after the PMTA submission deadline had passed, the FDA decided it would not review PMTAs for flavored vaping products without a specific clinical trial or longitudinal study. As a result of ongoing litigation, which could potentially reach the Supreme Court in the next year, many of the PMTAs submitted in 2020 are still pending resolution.
As a testament to the industry’s dynamic nature, the products caught up in court fights have fallen out of favor with adult consumers. Since 2020, the explosion in popularity of flavored disposable vapes, fueled by ambiguous regulations and enforcement regarding synthetic nicotine, has significantly reshaped the industry. This shift has happened amid steep declines in youth usage and steady increases in adult usage.
The ongoing legislative and legal battles surrounding disposable vaping products signal the onset of a struggle that will likely shape the next decade of vaping. Approximately 10 million adults in the U.S. use flavored disposables, with a significant portion turning to these products as a complete replacement for combustible tobacco products. In our interconnected society and in a country growing more skeptical about government interference with the private choices of adults, preventing adults from accessing flavored vaping products will prove to be no simple feat.
Looking back at the evolution of the vaping industry over the last decade, the road has been both rocky and rewarding. From regulatory challenges to breakthroughs in harm reduction, the narrative is rich with lessons learned and battles fought. Amid these uncertainties, one thing is clear: Our journey is far from over.
Greg Conley is the director of legislative and external affairs for the American Vapor Manufacturers Association.
