Tag: flavor ban

  • Vaping Ban Suit in Panama to be Heard by High Court

    Vaping Ban Suit in Panama to be Heard by High Court

    Credit: Evgenia

    The Supreme Court of Panama has decided to hear a lawsuit challenging the constitutionality of the country’s ban on e-cigarettes and heated tobacco products.

    In early August, the Panamanian Tobacco Harm Reduction Association (ARDTP) filed a lawsuit with the Supreme Court, arguing that Law No. 315, which prohibits the use, sale, and import of e-cigarettes and heated tobacco in the country, is unconstitutional and should be repealed.

    The Panama Association for Tobacco Damage Reduction (ARDTP) had its appeal case advanced by the Supreme Court on Sept. 21 following a lawsuit, according to media reports.

    If the Supreme Court deems the unconstitutional statement valid, the 315 bill will return to the legislative body for modifications.

    Once the bill is amended, it will be resubmitted to the Supreme Court to confirm its constitutionality. A proposed new law is being drafted to replace the current 315 bill, thereby supporting provisions based on “risk.”

    Panama is one of several Latin American countries, including Mexico, Argentina, and Venezuela, that have implemented strict legislation since 2022 to restrict the use, sale, and import/export of vaping products.

    Many harm reduction advocates argue that the enactment of such legislation has resulted in the creation of a black market for safer nicotine products within their respective countries.

    The World Vapers Alliance (WVA) states that Panama’s Supreme Court’s decision to hear this lawsuit is a positive first step.

  • Flavor Restrictions Cause Spike in Online Vape Sales

    Flavor Restrictions Cause Spike in Online Vape Sales

    Photo: Ngampol
    Eric Leas

    Online shopping for cigarettes and vaping products increased significantly in the weeks following the implementation of a 2022 California law prohibiting the sale of flavored tobacco products.

    Reporting in Tobacco Control, researchers at the Herbert Wertheim School of Public Health and Human Longevity Science at University of California San Diego assessed the impact of California’s statewide flavor restriction on online shopping behavior among consumers. Comparing observed rates of shopping queries with expected rates, researchers discovered that shopping queries were 194 percent higher than expected for cigarettes and 162 percent higher than expected for vape products.

    “Retailer licensing programs have proven to be effective in enforcing tobacco control laws. However, the exclusion of e-commerce retailers from these programs can undermine their impact,” said principal investigator Eric Leas in a statement.

    Despite the flavor restriction, analysis of the first 60 websites returned in the search queries presented at least two online retailers offered access to flavored vaping products or menthol cigarettes to consumers in California—with one query returning as many as 36 websites (60 percent of the search results).

    The study authors recommend strengthening regulations to include e-commerce retailers within the scope of retailer licensing programs.

  • FDA Warns Nic Nac Naturals for Illegal Flavored ‘Nicotine Mints’

    FDA Warns Nic Nac Naturals for Illegal Flavored ‘Nicotine Mints’

    The U.S. Food and Drug Administration issued a warning letter to Nic Nac Naturals for the marketing of their unauthorized dissolvable nicotine products, which the company describes as “nicotine mints” and which resemble a pack of mints. These products are of particular concern because of their resemblance to popular candies and the potential to cause severe nicotine toxicity or even death if accidentally ingested by young children, according to the FDA.

    “FDA remains steadfast in our commitment to actively monitor the marketplace and to crack down on companies selling unlawful products, particularly those that can appeal to youth,” said Brian King, director of the FDA’s Center for Tobacco Products (CTP). “Our goal is to identify and prevent these emerging threats to our nation’s youth before they become mainstream.”

    The manufacturer markets these tobacco products in a variety of mint and fruit flavors, all of which come in two nicotine strengths (3 mg or 6 mg). The packaging states the products contain nontobacco nicotine. The FDA regulates tobacco products containing nicotine from any source, including nontobacco nicotine. Nic Nac Naturals does not have a marketing authorization order from the agency to sell or distribute these products in the U.S.

    One container of 15 of these mints can have as much as 90 mg of nicotine total. According to research, the FDA stated, ingesting 1 mg to 4 mg of nicotine could be toxic or severely toxic to a child under 6 years old, depending on body weight. This means ingesting one mint could be severely toxic to a child under 6 years old. Nicotine toxicity among youth of any age can lead to nausea, vomiting, abdominal pain, increased blood pressure and heart rate, seizures, respiratory failure, coma and even death. The FDA also stated that nicotine is highly addictive and exposure during adolescence can harm the developing brain.  

    “Today’s action is another example of our ongoing efforts against illegal nontobacco nicotine products,” said Ann Simoneau, director of the CTP’s Office of Compliance and Enforcement. “We remain unwavering in our use of compliance and enforcement resources to curb unlawful marketing of tobacco products, particularly those that youth could easily confuse with something that they consume regularly—like candy.”

    The company has 15 working days to respond to the FDA with steps they will take to correct and prevent future violations. Failure to respond and correct violations may result in addition FDA action, such as an injunction, seizure and/or civil money penalties.

  • Alabama Vape Registry Offers Louisianna Preview

    Alabama Vape Registry Offers Louisianna Preview

    Credit: Jet City Image

    A Louisiana state court has put the brakes on the state’s release of its official vaping and e-cigarette registry. However, Alabama’s registry, which has been active since spring 2022, may offer some insight into what products Louisiana will allow on the market.

    Passed earlier this year, Louisiana’s new law bans retailers from selling vape products not listed on a state-approved registry, known as the V.A.P.E. Directory. To receive authorization, products need a marketing order from the U.S. Food and Drug Administration or must meet one of several narrow exceptions, which favor products that have been on the market since at least 2016.

    It’s still unclear which products will be listed in the directory, but Louisiana’s new law mirrors one that’s already in effect in Alabama, which has been keeping a similar list of pre-approved vaping and e-cigarette products, called the Electronic Nicotine Delivery Systems Products Directory, for over a year.

    There are 1,602 vaping, e-cigarette, and alternative nicotine products listed in Alabama’s directory, meaning that many products can still be legally sold in the state, according to NOLA.com. On it are several kinds of JUUL products, various flavors of ZYN nicotine Pouches, Vuse, NJOY and BIDI Stick products.

    Missing from the list are several massively popular disposable vapes, including Elf Bars, Puff Bars and EscoBars.

    To check out the products on Alabama’s list for yourself, go to the Alabama Department of Revenue’s website.

    • Click the green box at the top right corner of the homepage that says “MyAlabamaTaxes.”
    • Scroll to the “Businesses” section, and click “View or upload a report.” 
    • Under “Tobacco Reports,” click “ENDS Product Directory.” 
    • Click the green “Search” button for every product in Alabama’s directory. Or toggle the “Manufacturer” or “Product” buttons and then search for the products you’re interested in.

    If the product you search for does not appear on the list, it is not authorized for sale in Alabama and likely will not be authorized for sale in Louisiana, according to sources. 

  • Lawsuit Pushes Pause on Louisiana Law Banning Vapes

    Lawsuit Pushes Pause on Louisiana Law Banning Vapes

    Credit: DedMityay

    The Louisiana Convenience and Vape Store Association filed a temporary restraining order and permanent injunction regarding a law that would remove unapproved vapor products from the market.

    The law, which also approved increasing taxes on vaping products, requires retailers to register vape products with the Louisiana Alcohol and Tobacco Control in the V.A.P.E. Directory by Nov. 1.

    Two state agency heads are listed as defendants in the lawsuit filed in East Baton Rouge Parish — ATC Commissioner Ernest Legier and Louisiana Department of Revenue Secretary Kevin Richard, according to media reports.

    “The Louisiana Department of Revenue administers state tax laws as passed by the legislature and signed by the Governor,” said Richard in a statement Thursday. “Act 414 of the 2023 Regular Session of the Louisiana Legislature is no exception. The Department will respect the judicial process and will reevaluate collection efforts and enforcement once this matter is resolved.”

    Court records show a hearing is set for Nov. 8.

  • Louisiana Ends Sales of Unauthorized E-cigarettes

    Louisiana Ends Sales of Unauthorized E-cigarettes

    Today is the day that any vaping product not authorized by the U.S. Food and Drug Administration must be removed from store shelves in Louisiana as the state’s new vaping law goes into effect.

    Act 414 also increased taxes on vaping products, which began on Oct. 1. Beginning today, only FDA-approved vapes and alternative nicotine products registered with Louisiana Alcohol and Tobacco Control (ATC) will be allowed to be sold in the state.

    For the products to be considered by the ATC, a $100 application fee per product is required as well as authorization by the FDA. A list of those approved products will be released today. It is expected to be a short list.

    To date, the FDA has only authorized 23 tobacco-flavored e-cigarette products and devices, which are the only e-cigarettes that currently may be lawfully sold or distributed in the U.S. Many of those products are outdated and all are owned by major tobacco companies.

  • Quebec: Vaping Flavor Ban Goes Into Effect Today

    Quebec: Vaping Flavor Ban Goes Into Effect Today

    Credit: CL-Medien

    Vapers of scared about possibly having to return to combustible cigarettes in Quebec as the Canadian city’s flavor ban for vaping products takes effect today, Oct. 31.

    Quebec’s ban includes vaping products with flavors other than tobacco and will prohibit e-liquid sold in bottles with a capacity greater than 30 mL and prefilled devices with a capacity greater than 2 mL.

    The flavor ban was announced in a draft published in April. More than 30,000 citizens of Quebec commented on the proposed ban, according to the Quebec Vaping Rights Coalition, but the health ministry reportedly didn’t make any changes to the rules in response.   

    Quebec is the largest province in Canada to enact a flavor ban. Four other provinces and territories have flavor bans in place, and one has passed a ban but has not set an effective date yet. Three other provinces restrict flavored products to adult-only stores.

    The Canadian Vaping Association (CVA) has expressed concerns to the Quebec government, arguing that this regulation will not achieve its intended goal of curbing youth experimentation.

    According to the CVA, the consequences will include the closure of specialty vape shops within the province, the loss of over 1000 jobs, and a shift in consumer demand towards foreign suppliers and the illicit market.

    “It’s high time for provinces like Quebec, New Brunswick, Nova Scotia, and PEI to re-evaluate their stance and stop yielding to the influence of big tobacco companies. These regions must come to the realization that they are inadvertently supporting the very issues they claim to be combating,” said Darryl Tempest, government relations counsel to the CVA.

    The available data consistently finds that flavor bans fail to effectively protect youth and lead to increased tobacco sales among both young people and adults.

  • IEVA Urges Lithuania to Reconsider Vape Flavor Ban

    IEVA Urges Lithuania to Reconsider Vape Flavor Ban

    Photo: rh2010

    The Independent European Vape Alliance (IEVA) has called on Lithuania to reconsider a proposed ban on key e-liquid ingredients, including sweeteners.

    The country’s Draft Law No XIVP-2791(2) amending Article 9(2) of Law No I-1143 on the control of tobacco, tobacco products and related products proposes a “ban on placing on the market e-cigarettes and e-cigarette fillers with liquid adapted for filling electronic cigarettes if this liquid contains sugar and/or sweeteners.”

    In comments submitted under the EU Technical Regulations Information System, IEVA warns that the measure will encourage the illicit trade, boost smoking rates, jeopardize employment and lower government revenues due to reduced vape tax collections.

    According to the alliance,  the draft law shows a lack of understanding of the technical and chemical characteristics of e-cigarettes, as well as a disregard for the negative consequences for Lithuania’s public health and for the country’s vaping small and medium-sized enterprises.

    “Banning sugar and sweetener chemicals, which are necessary for the manufacturing of e-liquids, will lead to a quasi-ban of e-cigarettes,” the IEVA wrote in a statement. “It will lead to a boom in black market sales of dangerous products and to a surge of tobacco smoking by depriving smokers of a less harmful alternative. Finally, this measure, not justified by any scientific evidence, is bound to be ineffective in addressing its purported goal of limiting young people’s access to vaping.”

    The group encourages the Lithuanian government to adopt measures adapted to the pursued aim and based on thorough scientific evidence.

  • Czechia Bans Flavors for Heated Tobacco Products

    Czechia Bans Flavors for Heated Tobacco Products

    Photo: diy13

    The sale of flavored heated-tobacco products (HTPs) will be banned in the Czech Republic, effective today, reports Expats.cz. A European directive requires that EU member states incorporate the ban into their legal frameworks effective Oct. 23. The directive does not allow for a transitional period for sale of existing stock.

    Slightly more than half of HTP users prefer flavored tobacco, according to Jiri Sochor, spokesperson for JT International. Sochor noted that based on U.S. ban results, some people reverted to traditional combustible cigarettes.

    The ban will not take effect simultaneously in neighboring countries, Sochor said, noting that only Germany has introduced it. Due to this, people are likely to purchase flavored products abroad.

    Flavored heated-tobacco products generate about CZK2.9 billion ($125.16 million) in consumer taxes annually, according to Sochor.

    Companies are responding to HTP flavors ban by introducing new, tobacco-free products. British American Tobacco, for example, has begun selling heat sticks with nicotine-infused rooibos tea. Certain tobacco firms have also opposed the ban, and the legislation will be addressed by the EU Court of Justice due to complaints from Irish companies.  

  • FDA Defeats Logic in Menthol Marketing Order Suit

    FDA Defeats Logic in Menthol Marketing Order Suit

    The U.S. Food and Drug Administration has defeated Logic Technology Development after the e-cigarette manufacturer asked the courts to block the regulatory agency’s market ban on Logic’s menthol-flavored e-cigarette products, according to media reports.

    Logic filed a petition for review in the U.S. Court of Appeals for the Third Circuit, alleging the FDA violated the Administrative Procedure Act when it denied Logic’s premarket tobacco product application to market its menthol-flavored vaping products. The court denied that petition Thursday after concluding the FDA “based decisions on scientific judgments.”

    Logic alleged it was arbitrary and capricious for the FDA to apply the same regulatory framework to menthol that it used to remove fruit- and dessert-flavored e-cigarettes from commerce. The Third Circuit Court entered a stay on the FDA’s marketing denial orders (MDOs) in December 2022. The MDOs were the FDA’s first-ever MDOs directed at menthol e-cigarette products.