Tag: flavor ban

  • Study Finds Young Kiwis Support Generational Ban

    Study Finds Young Kiwis Support Generational Ban

    Image: Nikolay

    Most young New Zealanders support the law to progressively ban smoking, which was recently abandoned, reports RZN, citing the results of an international study.

    The new coalition government plans to repeal changes to the Smokefree Environments and Regulated Products Act that would have barred the sale of cigarettes to anyone born after 2009, among other measures.

    A Canadian-based international study shows 79 percent of New Zealanders aged 16 to 29 favored the ban.

    A similar share supported a reduction in the number of shops which could sell tobacco, while 68 percent wanted manufacturers to have to take nicotine out of cigarettes.

    The International Tobacco Control Policy Evaluation Project investigates attitudes to smoking across several countries. The most recent research was supposed to provide a baseline for New Zealand before the law came into effect.

    “Our overseas colleagues are incredibly disappointed and devastated as we are because the tobacco research world has been really looking to New Zealand,” said co-author Jude Ball from Otago University.

    By contrast, the Coalition of Asia Pacific Harm Reduction Advocates (CAPHRA) expressed its support for the decision to repeal the generational tobacco ban.

    “CAPHRA applauds the government’s decision to prioritize harm reduction strategies,” said the group’s executive coordinator, Nancy Loucas. “We believe that vaping and other harm reduction tools can play a significant role in helping smokers quit, and we are pleased to see the government recognizing this.”

    The organization said it also shares the government’s concerns about the potential for a black market to develop if the sale of tobacco is overly restricted. 

    “A regulated market is always preferable to an unregulated one, where product safety cannot be guaranteed,” Loucas added.

     

  • Michigan Bill Seeks to Ban Flavored Vaping Products

    Michigan Bill Seeks to Ban Flavored Vaping Products

    Credit: Spirit of America

    The U.S. Food & Drug Administration has not yet officially banned flavors in vaping and other tobacco products. Now, states are working towards banning the controversial products themselves. Michigan is next on the list.

    Last month, S.B. 649 was introduced in the Michigan Senate. The bill calls for the ban of the sales of flavored vaping and other tobacco products, defined as any product that has or is marketed as having a characterizing flavor other than tobacco.

    The bill would ban the sale of products packaged in ways that “indicate, explicitly or implicitly, that the nicotine or tobacco product has characterizing flavor.”

    That bill would not exempt flavored cigars, though it does carve out an exemption for flavored hookah tobacco intended for on-site consumption.

    If passed, retailers caught violating the rule would be subject to the following fines:

    • First violation within 36 months: a fine of up to $1,500
    • Second violation within 36 months: a fine of $2,000 and a 30-day suspension of a license
    • Third violation within 36 months: a fine of $2,500 and a one-year suspension of a license
    • Fourth violation within 36 months: a fine of $3,000 and a revocation of a license

    If the bill passes, a new fund would be created for compliance checks.

    California and Massachusetts are the only two states with flavored tobacco bans.

    According to a study by the New England Convenience Store and Energy Marketers Association, excise tax lost income in Massachusetts from selling fewer menthol cigarettes alone amounted to $62 million in the first six months of the ban. No specific figures were given for electronic nicotine delivery systems in the release.

  • Study: Adult Vapers Rely on Flavors and Disposables

    Study: Adult Vapers Rely on Flavors and Disposables

    Photo: Atlas

    New industry figures, collected by online vape retailers representing around 43 percent of the U.K. market, have revealed that significant numbers of older adults are users of disposable and flavored vapes, which are the focus of a government consultation to address the issue of youth vaping that will close on Dec. 6.

    The industry warns that any moves to ban single use vapes and flavors, which have been key drivers in the decline of smoking to record low levels in the U.K. over the last two years, will have catastrophic consequences for the nation’s public health and will effectively end any chance of creating a smokefree generation in the near future.

    The data collected from the last quarter sales by four of the country’s leading online retailers, representing nearly a quarter of the U.K. market, revealed that:

    • The most popular flavor category amongst middle-aged adults (35-44 and year olds) was “fruit” flavors, followed “treats and desserts”
    • Highest proportion of tobacco flavor use is in the over-55 age category
    • Menthol flavors and tobacco flavors are significantly less popular amongst middle-aged adults
    • The average age of adult disposable users is 39

    The latest adult vaping statistics follow a survey conducted by One Poll earlier this year, which revealed that 83 percent of vapers said that flavors helped them quit smoking, with one in three saying that a ban on them would lead them back to conventional cigarettes, which would represent around 1.5 million former smokers.

    Why should 4.5 million adults who have spent years trying to kick a habit that kills some 250 people a day, and have managed to do so through vaping, be at risk of having their lifeline taken away?”

    John Dunne, director, UKVIA

    “These statistics show what we in the industry already know—that the very flavors and single use vapes that are now under scrutiny by the government as it looks to tackle youth vaping are a lifeline for former adult smokers,” said Dan Marchant, co-owner of online retailer Vape Club, which contributed to the demographic sales data.

    “The legitimate vaping industry completely recognizes the need to deal with youth vaping but it shouldn’t involve any wholesale bans, as this will affect the adults who depend on them. There is already a ban on vapes for under 18 year olds as it is illegal for retailers to sell devices to minors. That’s why the industry is calling for greater enforcement of the existing law, on-the-spot fines of up to £10,000 ($12,631) per offence and the introduction of a retail licensing scheme to weed out the rogue traders.”

    “Why should 4.5 million adults who have spent years trying to kick a habit that kills some 250 people a day, and have managed to do so through vaping, be at risk of having their lifeline taken away?” asked UKVIA’s Director General John Dunne.

    “If the government goes down the path of banning single use vapes and/or flavors a return to smoking amongst current vapers will be very much on the cards, bringing with it catastrophic consequences for the public health of the nation and wrecking any chances of the government’s smoke free ambition.  The only winners from any potential bans on the vaping industry are the tobacco industry and illicit markets, something that no one in their right mind wants to see.”

     

  • DOJ Injunction Filed Against Vape Junkie for Illicit Vapes

    DOJ Injunction Filed Against Vape Junkie for Illicit Vapes

    Credit: Egokhan

    The U.S. Department of Justice (DOJ) today filed a complaint for a permanent injunction against Jessica M. Fitzgerald and Michelle L. Allen doing business as Vape Junkie Ejuice (Vape Junkie Ejuice) for “manufacturing, selling, and distributing unauthorized e-cigarette” products.

    The injunction was filed on behalf of the U.S. Food and Drug Administration.

    The move represents the seventh time FDA has initiated injunction proceedings to enforce the Federal Food, Drug, and Cosmetic Act’s (FD&C Act) premarket tobacco product review requirements for new tobacco products.

    The FDA previously warned Vape Junkie Ejuice that they were in violation of the FD&C Act’s premarket review requirements for new tobacco products by manufacturing, selling, and distributing new tobacco products without first obtaining marketing authorization from FDA, according to the FDA.

    The agency’s warning noted that continued violations could lead to further action, including an injunction. However, Vape Junkie Ejuice continued to manufacture, sell, and distribute unauthorized e-cigarette products to consumers, according to the FDA.

    “FDA has been abundantly clear that we will not stand by as bad actors choose to blatantly disregard the law, especially after being duly warned. This manufacturer continued to break the law, and that behavior has consequences.”

    Brian King, director of the FDA’s Center for Tobacco Products (CTP)

    DOJ institutes judicial enforcement actions under the FD&C Act in court. DOJ filed the injunction complaint on behalf of the FDA against Vape Junkie Ejuice in the Middle District of Florida, the manufacturer’s respective U.S. District Court.

    If the injunction is handed down, it would require Vape Junkie Ejuice to stop manufacturing, selling, and distributing their e-liquids. The injunction would also require the manufacturer to obtain marketing authorization from the FDA before marketing such products.

    “Today’s injunction action should be a clear reminder to all manufacturers: If you continue to sell illegal products, we are equipped to use the full force of the law. FDA is committed to working with federal partners, including the Department of Justice, to enforce the law.”

    Ann Simoneau, director of CTP’s Office of Compliance and Enforcement.

    Today’s action is part of the FDA’s comprehensive approach to enforcing the law, according to the agency. Within the past year, the FDA has acted against manufacturers, distributors, importers, and retailers of illegal e-cigarette products.

    As of Nov. 2023, the FDA has issued approximately 640 warning letters to firms for manufacturing and/or distributing illegal e-cigarette products and devices, issued more than 400 warning letters to retailers for the sale of unauthorized e-cigarettes, filed civil money penalty complaints against 36 e-cigarette manufacturers and 42 retailers for manufacture and/or sale of unauthorized products.

  • Smoore to No Longer Support Youth-Friendly Brands

    Smoore to No Longer Support Youth-Friendly Brands

    The largest vaping company in the world, Smoore, says that it will no longer partner with brands that use flavor names, packaging or product designs that are attractive to youth.

    The announcement comes during the U.K. Government’s consultation on e-cigarettes that has a focus on addressing youth vaping currently underway. The consultation closes on Wednesday.

    A press release states that Smoore wants to help end the use of flavor names such as cotton candy, gummy bear, watermelon bubblegum, and blueberry popsicle. Additionally, the company would like to see an end to the manufacturing and sales of “stealth products” which are vaping products designed to mimic school supplies, toys, soft drinks or cartoon characters.

    Smoore has created a list of flavors that it considers youth-friendly and is also creating a vapor flavor detection squad to monitor the market for new flavors that could be considered as being appealing to youth.

    “The vape industry represents the best chance the world has ever seen to eradicate deadly cigarettes and we cannot allow this opportunity to be squandered,” Rex Zhang, Strategy Smoore’s strategy director, said. “Vaping was invented for this very purpose and we need to ensure that it is focussed on the adult smoking market.

    “There is absolutely no place for any vaping product to look like a child’s toy, be shaped like a much-loved cartoon character or iconic children’s game or be filled with liquid called ‘gummy bear, cotton candy, strawberry milkshake or starry violet.”

    Every company under Smoore’s umbrella has been ordered to undertake a root and branch review to ensure that none of its products or customers on the OEM and ODM side of its business could be seen as producing youth-appealing products.

    The list of flavors so far includes:

    • Skittles
    • Rainbow
    • Cotton Candy
    • Donut
    • Gummy Bear
    • Bubblegum
    • Slushy
    • Starburst
    • Pink Pop
    • Ice Cream
    • Milkshake
    • Popsicle
    • Starry Violet
    • Reindeer
    • Snow
    • Christmas
    • Fruit Smash
    • Dr Reptile
    • Sour Patch
    • Oreo
    • Jolly

    If the company finds brand owners with products that Smoore deems to be child-friendly, Smoore will work with the company to take immediate corrective action, however, if no action is taken Smoore could ultimately discontinue all cooperation with the brand.

    The Smoore release also suggested a “no-fly list” to be used by retail and distribution companies around the globe that list the manufacturers of child-friendly products to prevent their products from being sold.

    “We want other companies to follow our lead on this because we have to ensure that we stop young people vaping and we strongly believe that this must happen regardless of what the government ends up doing,” Zhang said. “We cannot squander this opportunity to help secure a smoke-free generation and, in order to do this, we need both the general public and governments on our side.

    “It is only by uniting as an industry from beginning to end and making a clear commitment to doing all in our power to tackle youth vaping that we will be able to achieve this. The UK has always been seen as a world-leading example in fair and proportionate regulation of the vape industry and let’s not give them any reason at all to move from that position.”

    Smoore is also calling for more standardization of product sizes and shapes. The company believes standardization will help create faster “disassembly at waste treatment sites, helping to increase recycling rates of vapes.”

    The company is calling for every batch of disposable vapes and pre-filled pods to be randomly sampled for product compliance with whole batches being rejected if any number of non-compliant products are identified.

    Such measures are necessary to motivate the compliant brands and producers while punishing the offenders,” the release states. “A strict, yet open, marketplace will encourage more innovations in the industry to create products that will serve its job even better with every new generation.”

  • Elf Bar Removing Some Flavors From UK Market

    Elf Bar Removing Some Flavors From UK Market

    Vaping brands Elfbar and Lost Mary say they will drop dessert and soft drink flavors from the UK market.

    Elfbar called for a new licensing regime similar to the ones for cigarettes and alcohol.

    Elfbar and Lost Mary make up more than half of the UK’s disposable vape sales, according to data firm NielsenIQ.

    The government consultation on new rules for vapes closes on 6 December, reports the BBC.

    The dazzling range of flavors has helped to turn disposable vapes into a market worth billions of pounds in the UK in a few short years, with Elfbar and Lost Mary taking the lion’s share. They’re both owned by the Chinese firm Shenzhen iMiracle Technology.

    Elfbar has already dropped Bubble Gum, Cotton Candy, and Rainbow Candy flavors, with more expected to follow. Gummy Bear was renamed Gummy and is now called Gami.

    A spokesman said these will take some time to filter through the supply chain, so it may take a while for the changes to become apparent on the shelves.

    Some flavors may reappear under different names, and a decision hasn’t been taken about Cola flavor, which Elfbar says can appeal to adults and children.

    The company also called for tighter restrictions on vape sales, including a licensing regime for retailers and rules requiring them to display vapes behind the counter.

    “The introduction of such a regime would mitigate children’s access to vapes and make it easier for the authorities to regulate the sale of vaping devices better. Furthermore, we believe it would help combat the growing illicit vape market and drive increased rates of vape recycling,” an Elfbar spokesman said.

    Credit: Nawadoln
  • Australia to Ban Single-Use Vape Imports From 2024

    Australia to Ban Single-Use Vape Imports From 2024

    Credit: Yavdat

    Australia will ban imports of disposable vapes beginning January 1, the Health Minister said on Tuesday. It is the first step in a crackdown aimed at curbing the growing popularity of nicotine-filled vaping devices with young people.

    The ban will be expanded in March to include all non-therapeutic vapes, including refillable devices, while importers of vapes for medical purposes will need permit from the Office of Drug control, Health Minister Mark Butler said in a statement, according to Reuters.

    The legislative package will also include a total A$75 million in extra funding for the Australian Border Force and the Therapeutic Goods Administration to enforce the new rules.

    Additional legislation next year will apply the same prohibitions to domestic manufacturers.

    “These are the vapes that have pink unicorns on them, bubblegum flavouring, disguised in order for them to hide them in their pencil cases,” Butler told a news conference.

    To ensure the bans don’t limit access for smokers looking to quit, doctors and nurses will be given expanded powers in January to prescribe therapeutic vapes where clinically appropriate.

    But therapeutic vapes will be restricted from using flavors, have limited nicotine levels and be sold in pharmaceutical packaging under new rules to be introduced next year, with a transition period for manufacturers to comply.

  • New Zealand Ditches Generational Tobacco Ban

    New Zealand Ditches Generational Tobacco Ban

    Photo: asanojunki0110

    New Zealand’s new coalition government plans to scrap the country’s controversial generational tobacco ban, which would have prohibited tobacco products for people born after 2009, reports CodeBlue.

    The coalition agreement signed on Nov. 24 by the National Party, the ACT and New Zealand First in the wake of country’s general elections calls for a repeal of amendments to the Smokefree Environments and Regulated Products Act 1990 and regulations, which took effect Jan. 1, 2023,

    In addition to prohibiting anyone from selling or supplying smoked tobacco products to people born on or after Jan. 1, 2009, the amendments would have restricteded the sale of smoked tobacco products to a limited number of approved retail outlets and extend the act’s regulatory powers over the composition of smoked tobacco products, such as nicotine levels.

    While ditching the generational tobacco ban, the new government vowed to get tough on vaping by banning disposable e-cigarettes and increase penalties for illegal sales to those aged under 18.

    Health advocates criticized the reversal of the amendments. “Way to start being health minister—by caving into the tobacco industry,” New Zealand’s former Health Minister Ayesha Verrall wrote on X about her successor, Shane Reti. “Repealing smokefree laws will mean thousands of deaths and billions of health.”

    Smoker rights’ group Forest welcomed the repeal, and urged British Prime Minister Rishi Sunak to follow suit by abandoning similar measures in the United Kingdom.

    “The policy treats future generations of adults like kids and it won’t work. It will simply drive smokers into the hands of illegal traders and criminal gangs,” said Forest Director Simon Clark.

    “The consequences of the policy, which would eventually allow a 40-year-old to legally buy cigarettes while denying that right to a 39-year-old, are absurd.

    “Having stolen the idea from the previous New Zealand government, the prime minister should follow the example of the next New Zealand government and scrap this crazy idea.”

    On the same day of the announcement in New Zealand, Malaysia’s approved revisions to the Control of Smoking Products for Public Health Bill 2023 that decoupled that country’s planned generational end game ban from the tobacco and vape control bill.

     

  • FDA Continues Crackdown on Youth Appealing Vapes

    FDA Continues Crackdown on Youth Appealing Vapes

    Credit: iCheer

    Today, the U.S. Food and Drug Administration issued warning letters to seven online retailers for selling and/or distributing unauthorized e-cigarettes.

    The unauthorized e-cigarettes are packaged to look like youth-appealing toys and drink containers, including milk cartons, soft drink bottles, and slushies. The products’ design may also help youth conceal the e-cigarettes from adults or be confused with an everyday object and the contents accidentally ingested by young children, according to the agency.

    “As we continue into the school year, it’s critical that parents, teachers, and other adults are aware of illegal e-cigarettes deceptively packaged to look like everyday items,” said Brian King, director of FDA’s Center for Tobacco Products (CTP). “These types of products can be easily concealed and contain nicotine, which is highly addictive and can harm the developing adolescent brain.”

    The unauthorized products described in the warning letters issued today include e-cigarettes that:

    • Imitate drink containers for youth-appealing drinks such as milk, soft drinks, and slushies.
    • Are designed to look like youth-appealing toys such as dice, phones, and action figures.

    “FDA uses a variety of surveillance tools to monitor the rapidly evolving e-cigarette landscape and to identify emerging threats to public health,” said Ann Simoneau, director of the Office of Compliance and Enforcement within the CTP. “We use data from these tools to help prioritize investigations of youth-appealing products across the supply chain to ensure illegal products stay off the shelves.”

    The retailers receiving these warning letters sell and/or distribute e-cigarettes in the United States that lack authorization from the FDA, which is a requirement under the Federal Food, Drug, and Cosmetic (FD&C) Act to legally market a new tobacco product.

    In addition to the specified products mentioned in the warning letters, the retailers were warned to address any violations that are the same as or similar to those stated in the warning letter, and promptly take any necessary actions to bring the tobacco products that they offer for sale in the United States into compliance with the FD&C Act.

    The seven retailers issued warning letters were given 15 working days to respond with the steps they will take to correct any violations and to prevent future violations. Failure to promptly correct the violations can result in additional FDA actions such as an injunction, seizure, and/or civil money penalties.

    Today’s warning letters are the latest in a series of FDA’s efforts across the supply chain to address illegal e-cigarettes that appeal to youth.

    As of November 2023, FDA has issued approximately 630 warning letters to firms for manufacturing and/or distributing illegal e-cigarette products and devices, issued more than 400 warning letters to retailers for the sale of unauthorized e-cigarettes, filed civil money penalty complaints against 35 e-cigarette manufacturers and 42 retailers for manufacture or sale of unauthorized products, and worked with the Department of Justice to seek injunctions against 6 manufacturers of unauthorized e-cigarettes.

  • Maine Anti-Vape Group Petitioning for Flavor Ban

    Maine Anti-Vape Group Petitioning for Flavor Ban

    Credit: Fellow Neko

    Supporters of a nicotine product flavor ban gathering signatures as voters hit the polls Tuesday in Maine.

    The Flavors Hook Kids Maine Coalition has been at several polling places around the state claiming they want to continue putting names behind the statewide flavor ban effort as the House of Representatives considers the bill in the next legislative session.

    The bill passed in the Senate this year. However, the Maine Legislature tabled a bill to end the sale of flavored tobacco products statewide last year.

    They say the most recent polling shows 63 percent of Mainers strongly support a ban on flavored tobacco and vaping products.

    One of their biggest goals is to reduce teen vaping and tobacco use.

    ”To a young person whose brain is not yet fully formed at the age of 15, 16 years old, nicotine is even more addictive because of that,” said Dan Cashman, Flavors Hook Kids Maine spokesperson. “So, the reason for getting them hooked on nicotine is to get them hooked on tobacco. It’s a pretty easy line to draw from one to the next and none of it is okay.”

    It’s been a hot topic in Maine with some health advocacy groups claiming flavored vaping and other tobacco products are marketed toward children while many shop owners owners say banning it would be a big blow to business.

    The bill sought to make statewide prohibitions that are already in place in Portland, South Portland, Brunswick, Bangor and Bar Harbor.