Tag: illinios

  • Two New State Laws Could Disrupt the Vapor Industry

    Two New State Laws Could Disrupt the Vapor Industry

    On January 1, 2022, two new state laws will become effective in Illinois and Oregon and could cause significant disruption to the vapor industry. According to Azim Chowdhury and Taylor D. Johnson, with the Keller and Heckman law firm, The Preventing Youth Vaping Act, will take effect in Illinois and HB 2261, will take effect in Oregon.

    Two justice scales colliding
    Photo: Skypixel | Dreamstime.com

    Under the Illinois law, an electronic cigarette is broadly defined as

    1. any device that employs a battery or other mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation;
    2. any cartridge or container of a solution or substance intended to be used with or in the device or to refill the device; or
    3. any solution or substance, whether or not it contains nicotine, intended for use in the device

    “Critically, SB 0512 considers an electronic cigarette to be adulterated (and prohibited for sale) if, “it is required by 21 U.S.C. 387j(a) to have premarket review and does not have an order in effect under 21 U.S.C. 387j(c)(1)(A)(i) or is in violation of an order under 21 U.S.C. 387j(c)(1)(A).” In other words, if an e-cigarette is required by the federal Family Smoking Prevention and Tobacco Control Act (21 U.S.C. 387j(a)) to have premarket authorization from the U.S. Food and Drug Administration and does not have a Premarket Tobacco Product Application (PMTA) order in effect (or is in violation of such an order), it would be considered adulterated under the Illinois law,” the post states. “Although the law exempts e-cigarettes “first sold prior to August 8, 2016 and for which a premarket tobacco product application was submitted to the U.S. Food and Drug Administration by September 9, 2020” from the adulteration definition, products that are subject to timely submitted PMTAs that FDA has either refused-to-accept, refused-to-file, or have received marketing denial orders from FDA would likely still be considered adulterated by the state (as well as FDA).”

    The rules do not apply to synthetic nicotine or CBD products.

    In Oregon, the legislation prohibits the shipment of “inhalant delivery systems” to any person in Oregon other than a distributor or a retailer. The legislation effectively prohibits direct-to-consumer (DTC) sales (including online sales) of the vast majority of vapor products in Oregon, according to the blog post.

    “Inhalant delivery systems” are defined in the legislation as “a device that can be used to deliver nicotine in the form of a vapor or aerosol to a person inhaling from the device; or a component of a device described in this paragraph or a substance in any form sold for the purpose of being vaporized or aerosolized by a device described in this paragraph, whether the component or substance is sold separately or is not sold separately.”

    As such, the legislation would appear to prohibit the DTC sale of most types of vapor products, but likely would not cover non-nicotine closed-system products:

    Type of Vapor ProductSubject to Oregon HB 2261 shipment ban?
    Bottled e-liquid (with or without nicotine)Yes – language covers “a substance in any form sold for the purpose of being vaporized or aerosolized by a [inhalant delivery system] device”
    Open-system/Open-tank ENDS DeviceYes – language covers “a device that can be used to deliver nicotine in the form of a vapor or aerosol to a person inhaling from the device”
    Open-system ENDS components (e.g., tanks, coils, atomizers, batteries, etc.)Yes – language cover “or a component of a [inhalant delivery system] device”
    Closed-system ENDS (e.g.., pod/cartridge or disposables) pre-filled with nicotine-containing e-liquidYes – language covers “a substance in any form sold for the purpose of being vaporized or aerosolized by a [inhalant delivery system] device”
    Closed-system ENDS (e.g.., pod/cartridge or disposables) pre-filled with non-nicotine containing e-liquidNo – this type of product (i.e., a pre-filled CBD or THC vapor device) would not fall within meaning of a inhalant delivery system

    An e-cigarette is also considered adulterated if (A) it consists in whole or in part of any filthy, putrid, or decomposed substance, or is otherwise contaminated by any added poisonous or deleterious substance that may render the product injurious to health; or (B) it is held or packaged in containers composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health.

  • Juice Man Banned From Marketing E-Liquids in Illinois

    Juice Man Banned From Marketing E-Liquids in Illinois

    Illinois Attorney General Kwame Raoul today announced a consent decree with Juice Man LLC that effectively prohibits the company from doing business in the state. The consent decree resolves allegations the company allegedly developed and marketed its products to attract minors.

    Credit: Sharafmaksumov

    Raoul filed a lawsuit in 2020 against California-based Juice Man alleging the company intentionally developed nicotine products that appeal to minors and has marketed its harmful nicotine products to minors, according to a press release. The consent decree prohibits Juice Man from distributing its products in Illinois and requires the company to take action if it learns Juice Man products are sold in the state.

    “E-cigarette manufacturers know that addicting young users is essential to their long-term viability. With candy- and dessert-flavored products marketed by cartoon characters, it is no wonder they are succeeding,” Raoul said. “I filed a lawsuit last year against Juice Man over its blatant efforts to direct advertising toward minors, and this consent decree essentially ends the company’s ability to sell or distribute any Juice Man products in Illinois. I am pleased with this progress in my office’s ongoing work to hold e-cigarette manufacturers accountable for their role in the epidemic levels of e-cigarette usage by minors. The work does not end here, I am committed to continuing to investigate the e-cigarette industry and protecting minors from the long-term dangers of using tobacco products.”

    Raoul’s lawsuit alleged that Juice Man offered its products in a variety of flavors – such as pink lemonade, cotton candy, unicorn frappe and cherry blue cola – that are clearly developed and marketed to youth smokers. For example, unicorn frappe is described as an “explosion of tarts, fruits, and creams.”

    Additionally, Raoul’s lawsuit alleged that Juice Man unfairly and deceptively marketed its products to minors. The company relies heavily on social media to advertise its products, using hashtags such as “#vapebabes,” “#vapeporn” and “#vapelyfe.” Raoul pointed out that prior to 2016, social media advertising featured images of Juice Man’s products in front of a neutral background.

    In his lawsuit, Raoul said Juice Man’s advertisements used bright colors, cartoon characters and children’s cereal. A number of flavored products distributed under Juice Man’s “Zonk!” line relied on packaging that featured graphics similar to those in comic books. Juice Man also marketed variety packs of flavors including watermelon-strawberry and mixed berry as “Lunch Box” assortments. Furthermore, Raoul argued that Juice Man’s age-verification system allows the company to easily interact with and promote products to minors.

    The consent decree entered prohibits Juice Man from selling or distributing e-cigarette products to retailers and consumers located in Illinois. The manufacturer is also prohibited from selling e-cigarette products to distributors or wholesalers that intend to sell or distribute those products to retailers or consumers in Illinois. The consent decree requires Juice Man to take actions – including permanently ceasing business with offending entities – if the manufacturer learns that a retailer, distributor or wholesaler provided its e-cigarette products to an Illinois retailer or consumer.

    Raoul has taken various actions to hold e-cigarette manufacturers accountable for epidemic usage levels among youth and teens. In 2019, Raoul’s office filed a lawsuit against the nation’s largest e-cigarette manufacturer, Juul Labs Inc., and the litigation is ongoing. The Attorney General’s office is continuing to investigate other e-cigarette manufacturers as part of an ongoing investigation into the e-cigarette industry. Additionally, Raoul has urged the FDA to ban flavored tobacco products and to strengthen e-cigarette guidance by prioritizing enforcement actions against flavored e-cigarettes.

  • U.S. Customs Seizes 77,400 Illegal Cartoon Vapes

    U.S. Customs Seizes 77,400 Illegal Cartoon Vapes

    U.S. Customs and Border Protections (CBP) officers at O’Hare International Airport this week seized 77,400 Rick and Morty vape pens from China that were destined to a distribution company in Georgia. CBP officers found the popular cartoon characters on the packaging and suspected they violated copyright and trademark laws.

    rick and morty vape pen
    Credit: CBP

    Authorities called Warner Bros. and confirmed the company didn’t license their Rick and Morty copyright for vape pens, according to a press release. CBP Import Specialists determined the shipments of vape pens was infringing upon the “Rick and Morty” copyright. The MSRP for the bootleg pens was valued at $1.55 million.

    “Often CBP seizes vape pens because they violate FDA guidelines, but these parcels violate copyright laws which adds to the charges and complexity of the case,” said Shane Campbell, Area Port Director-Chicago. “Counterfeit products are unsafe for consumers, harm the economy, damage the revenue and image of the companies, and could cost American jobs.”