Tag: legislation

  • Haypp Happy for Retail Licensing in U.K.Vapes Bill

    Haypp Happy for Retail Licensing in U.K.Vapes Bill

    Vape retailer Haypp welcomed the news that the U.K. government has included a licensing scheme for retailers to sell tobacco, vape, and nicotine products in its Tobacco and Vapes Bill.

    “As a responsible retailer, Haypp.com has long supported the need for a robust licensing system for retailers of vapes, nicotine pouches and tobacco products in the U.K.,” said Markus Lindblad, nicotine retail expert from Haypp.com.

    “The absence of a licensing system in the U.K. has encouraged a wild west type environment where almost anyone can set themselves up as a vape shop. This has not only created challenges for responsible retailers, it has greatly increased the risks of underage vape use and untested products hitting the markets.

    “This proposed scheme could finally bring some law and order to what has been a wild west marketplace. Our most recent annual vape report asked vape users where they bought their first vape, and with 18% saying they bought it from a shop when underage, it is clear that the lack of licensing and enforcement is encouraging underage access.”

    The vape report, produced by Haypp, found that:

    • 54% of UK vapers legally bought their own
    • 18% of UK vapers bought their first vape from a shop when underage
    • 10% of UK vapers bought their first vape online when underage
    • 7% bought their first vape when underage from a major supermarket chain

    In addition to this, 36% of respondents also admitted that they have purchased a vape for a minor, and 11% do so regularly, media reports.

    “What we need to see now are appropriate penalties and enforcement mechanisms,” Lindblad added. “The licensing system will only be effective if there are tough financial penalties for rule breakers and the enforcement authorities are resourced sufficiently to do their job.”

  • Colorado Senate Approves County-Wide Flavor Bans

    Colorado Senate Approves County-Wide Flavor Bans

    Credit: Marek Photo Design

    Last week, the Colorado Senate voted 21-14 in favor of S.B. 24-022, a bill that allows counties in the state to pass bans on the sales of flavored tobacco products and regulate the distribution of tobacco products.

    While the bill itself wouldn’t ban the sale of flavored tobacco products, it would open the door to local bans, which are currently forbidden.

    This is the second time in recent years that the Colorado General Assembly has moved towards allowing local control over tobacco regulation. In March 2019, H.B. 1033 was enacted, allowing Colorado cities, towns, and counties to increase the minimum age to purchase tobacco products to 21 and increase taxes and retailer licenses, according to Halfwheel. Previously, those actions were prevented via a preemption clause.

    That law was signed by Gov. Jared Polis, who remains governor today. Two years ago, Polis, a Democrat, indicated that he opposed efforts to ban the sale of flavored tobacco products statewide, saying that he instead supported giving local communities the option to enact their own bans.

    S.B. 24-022 now moves on to the House of Representatives.

  • Kansas State Senators File Medical Marijuana Bill

    Kansas State Senators File Medical Marijuana Bill

    A new push to legalize medical marijuana in Kansas is picking up some steam. The bill, if passed, would also make vaping cannabis illegal.

    According to Marijuana Moment, state senators filed a new measure – SB 135 – that seeks to provide legal access to medical cannabis for people with debilitating conditions.

    Backed by the Senate Federal and State Affairs Committee, the new legislation would regulate the cultivation, processing, distribution, sale and use of medical cannabis.

    “The patients of Kansas have been eagerly anticipating the opportunity for a program and to join the 37 other states that have adopted comprehensive medical cannabis programs,” Kevin Caldwell, a legislative manager at the Marijuana Policy Project told Marijuana Moment’s Kyle Jaeger. “Patients have been forced for too long to have to go to the illicit market for products that have not been tested for contaminants as well as face legal repercussions for possessing medicine that can greatly improve the quality of their lives.”

    The licensing process would be overseen by a Division of Alcohol and Cannabis Control, while a Medical Cannabis Advisory Committee would supervise the implementation of the marijuana program.

    Taxed at 10 percent, medical marijuana products would have to contain less than 35 percent THC for flower, while tinctures, oils and concentrates could not exceed 60 percent THC.

  • Georgia to Vote on Two Bills That Include Vaping Tax

    Georgia to Vote on Two Bills That Include Vaping Tax

    Georgia State Capitol Building in Atlanta, Georgia, USA. (Credit: F11 Photo)

    A bill in the General Assembly of the U.S. state of Georgia would raise the state tax on vaping and other tobacco products and use the proceeds to improve health care.

    Introduced by House Representative Ron Stephens, two bills in the contention could make the tax possible, according to 13WAMZ.

    House bills 191 and 192 have the same language but their numbers are different. Bill 191 states a $0.57 tax per pack of 20 cigarettes and a $0.05 per fluid milliliter for vapor products in a closed system. For an open system, it would be a 7% tax on the wholesale cost price.

    Bill 192 states a $0.37 tax per pack of 20 cigarettes and a 15% on vapor products at the wholesale cost.

    Shabbir Hussain is a smoker himself and says using the money to help fund Georgia’s healthcare programs is a good thing.

    “And $0.20 is not something people would worry about, and if that would benefit the health system, they should go for it,” Hussain said.

    Last month, House Speaker Jon Burns said he was open to another healthcare proposal that has gone nowhere in the past – raising the state’s tax on tobacco products.

  • New Mexico Lawmakers to Consider Flavor Ban

    New Mexico Lawmakers to Consider Flavor Ban

    New Mexico State Capitol at dusk (Credit: Ball Studios)

    A New Mexico lawmaker is proposing a ban on all flavored vaping and other tobacco products. The bill would stop the sale of any vaping or other tobacco product that has any flavoring added. The representative behind this bill says the main goal is to stop kids from getting hooked on nicotine.

    “Most of my sales are all flavored stuff. There’s far few and in between that will come and be like ‘I just want nothing flavored,’” says Sabrina Garley, manager of Biroska SmokeShop, a vape vendor in New Mexico, according to KRQE.

    Local smoke shops around Albuquerque say they fear a bill banning these flavored tobacco products like e-cigarettes and vapes will hurt their business. “I thought, ‘we’re going down.’ Definitely, definitely one of our biggest sellers. We’d have to figure out something else to replace that,” Garley says.

    House Bill 94 is sponsored by Las Cruces State Representative Joanne Ferrary. “House Bill 94 will prohibit the sale of flavored tobacco products and it will define the terms and make sure that we aren’t losing a new generation of kids to nicotine,” Ferrary says, “By removing the flavored tobacco products from the market, it will keep kids from gravitating towards any of the flavors on the market.”

  • U.S. Lawmakers Introduce Bill to Require Vapor User Fees

    U.S. Lawmakers Introduce Bill to Require Vapor User Fees

    Six U.S. senators have introduced legislation that would require e-cigarette manufacturers pay user fees to the Food and Drug Administration (FDA) to provide the regulatory agency. The fees would finance additional resources for the FDA to conduct stronger oversight of the e-cigarette industry and increase awareness of the danger of e-cigarettes.

    U.S. Senate Majority Whip Dick Durbin joined U.S. Senators Jeanne Shaheen, Lisa Murkowski, Susan Collins, Tammy Baldwin, and Mitt Romney introduced the Resources to Prevent Youth Vaping Act to protect children from the dangers of e-cigarettes, according to press release from Durbin’s office. Companion legislation will be introduced in the House by U.S. Representatives Cheri Bustos and Brian Fitzpatrick.

    Credit: Larry

    “Big Vape has hooked nearly four million kids on e-cigarettes, creating a vaping epidemic that is threatening our next generation with a lifetime of nicotine addiction and disease,” said Durbin. “The FDA needs to clear the shelves of these dangerous and addictive products, and Congress needs to pass the Resources to Prevent Youth Vaping Act, which will help provide FDA with the resources to better regulate this market.  Enough is enough. The health of our children cannot wait any longer.”

    The Resources to Prevent Youth Vaping Act increases the total amount that will be collected in tobacco user fees by $100 million in Fiscal Year (FY) 2022 and indexes that amount to inflation for future years. The bill also authorizes FDA to collect user fees from all manufacturers of products that have been deemed as tobacco products by FDA, including e-cigarettes, according to Durbin.

    Currently, manufacturers of traditional combustible tobacco products pay into FDA user fees, but e-cigarette companies are exempt due to a loophole in the law. The amount collected from individual e-cigarette manufacturers will be proportional to their share of the overall tobacco market, as determined by FDA. FDA would be able to use this additional revenue from e-cigarette user fees to conduct safety review of vaping products, prevent sales of e-cigarettes to minors, help support efforts to educate youth on the dangers of e-cigarettes and increase the agency’s oversight and enforcement capabilities.  

    Earlier this year, Durbin introduced the bicameral Tobacco Tax Equity Act to reduce youth tobacco use by closing loopholes in the tax code that have long been exploited by the tobacco industry to avoid regulation and taxes for their products. The bill would also apply tax parity across all tobacco products, including establishing the first federal e-cigarette tax and increased the tobacco tax rate for the first time in a decade.

  • Revised Philippines Vaping Rules Heads to Senate

    Revised Philippines Vaping Rules Heads to Senate

    The House of Representatives in Philippines today approved on final reading a proposal that would regulate the manufacture, use, sale, distribution, and promotion of electronic nicotine- and non-nicotine-delivery systems (ENDS/ENNDS), as well as heated tobacco products (HTPs), according to a government release.

    Credit: Craitza

    With 192 affirmative votes, 34 negative votes, and four abstentions, the chamber passed on third reading House Bill 9007, otherwise known as the “Non-Combustible Nicotine Delivery Systems Regulation Act.” Rep. Sharon Garin, principal sponsor of the measure, said the bill seeks to address the unintended or potential adverse consequences on the use of HTPs and vaping products among Filipino consumers.

    “We have included in this bill mechanisms on controlling safety risks and preventing youth uptake of all tobacco and nicotine products,” she said during the virtual session.

    • The bill provides protection to minors from accessing ENDS/ENNDS or HTPs by setting the minimum allowable age for the purchase, sale, and use of such products to 18 years old.
    • Retailers shall ensure that no individual purchasing these products are below 18 years old by verifying the age through presentation of any valid government-issued identification card exhibiting the buyer’s photograph and age or date of birth.
    • The sale and distribution of the products shall be prohibited within 100 meters from any point of the perimeter of a school, playground or other facility frequented by minors shall be prohibited.
    • Online trade through Internet websites or via e-commerce and other similar media shall be allowed provided that sellers ensure that access is restricted to persons 18 years old or older and that the internet website bears the signage required by the bill.
    • Advertisements of the products shall be allowed in retailer establishments, through direct marketing, and on the internet.

    “These shall not be aimed at or particularly appeal to persons under 18 years of age. These should not undermine quit-smoking messages and should not encourage non-tobacco and non-nicotine users to use ENDS/ENNDS and HTPs. These should not contain any information that is untrue in particular with regard to product characteristics, health effects, risks, or emissions,” the bill states.

    The use of ENDS/ENNDS or HTPs shall be prohibited in all enclosed public places, as well as in schools, hospitals, government offices, and facilities intended particularly for minors. However, there shall be designated vaping areas that should comply with standards specified in the proposed law.

    The Department of Trade and Industry, in consultation with the Food and Drug Administration, the National Tobacco Administration, and other concerned agencies shall promulgate rules, regulations, and standards on packaging, ingredients, graphic health warnings, detailed information on the allowable nicotine-containing e-liquid, the strength of e-liquids, compliance with applicable electrical standards as well as with applicable industry standards for batteries, according to the release.

    Existing industries and businesses affected by the implementation of the Act shall be given an 18-month transitory period from the effectivity of the implementing rules and regulations to comply with the requirements.

  • Lawmaker Brings Back Bill for Vapor Usage Reporting

    Lawmaker Brings Back Bill for Vapor Usage Reporting

    Utah Rep. Chris Stewart has joined two other members of U.S. Congress to reintroduce a bipartisan bill aimed at providing more accurate information regarding electronic cigarette use. Presently, electronic health records (EHRs) allow doctors to record whether a patient uses traditional cigarettes or cigars, however, there are no options for e-cigarette or other harm reduction products, according to a press release from Stewart’s office.

    Credit: Lazy Llama

    The bill, called the Accurate Reporting of Smoking Variants Act, would require the National Coordinator for Health Information Technology to ensure that the electronic health records include options for vapor products and other reduced harm variants, such as heat tobacco products.

    According to the press release, the change would allow for health care providers and researchers to better understand the prevalence of e-cigarette usage, understand the long-term health impacts of these products, and develop strategies to curb vaping among young people.

    “Young people in Utah and across the country are using e-cigs at alarming rates,” said Stewart. “I’m proud to reintroduce this bipartisan bill in an effort to take concrete steps to reverse this trend. There’s no denying it: This is a public health crisis that demands action. Let’s give health providers and researches the tools they need to ensure a healthier America for future generations.”

    Co-sponsoring the bill along with Stewart are Reps. David Trone of Maryland and Raja Krishnamoorthi of Illinois.

  • Florida Bill Banning Local Vape Laws Goes to Governor

    Florida Bill Banning Local Vape Laws Goes to Governor

    The governor of Florida is expected to sign a bill that would ban local communities from enacting laws regulating e-cigarettes. The Florida House on Wednesday gave its final approval with a 103-13 and sent the bill (SB 1080) to Governor Rick DeSantis for a signature. The bill passed the Senate on Monday.

    Credit: Aleksandr Kondratov

    House sponsor Jackie Toledo told the Tallahassee Democrat that the bill is aimed at preventing minors from using electronic cigarettes. “This bill is necessary to stop youth vaping,” Toledo said.

    The bill would raises the state’s legal age to smoke and vape to 21, a threshold already established in federal law. It also would create a state regulatory framework for the sale of vapor products. The bill would ban vaping or smoking tobacco within 1,000 feet of a school and makes it illegal for local communities to create any regulations impacting the “marketing, sale, or delivery of, tobacco products.” It would also require retailers to obtain a “tobacco” permit.

    “Years of continued inaction by the state to regulate tobacco products, including e-cigarettes, demands strong, local laws that truly protect our children from a lifetime of addiction,” the American Cancer Society Cancer Action Network said in a statement this week. “Florida kids deserve effective protections, not to be left even more vulnerable to the industry and its predatory practices. And our localities have the right, freedom and responsibility to protect them, especially when the state won’t.”

    Backers of the proposals, however, have said they would help with enforcement of tobacco and vaping laws and that preemption of local regulations is needed because retailers could have multiple stores in different areas, which would make it hard to follow varying regulations and do business.

  • Montana Senate Bill Aims to Ban Local Vape Laws

    Montana Senate Bill Aims to Ban Local Vape Laws

    Lawmaker’s bill to stop Montana communities from enacting local ordinances or resolutions to prohibit the sale of any vaping products or alternative nicotine products saw support last week from vape shop owners and opposition from public heath advocates and educators.

    Senate Bill 398 is carried by Republican Sen. Jason Ellsworth. He told the Senate Business, Labor, and Economic Affairs Committee vaping products are legal and should not be banned, according to the Independent Record. “The one thing they cannot do is ban it in totality. It’s a legal product. It should not be banned, but of course they can put sideboards on it,” Ellsworth said.

    Under the bill, a local government could enact a “reasonable” ordinance or resolution related to the sale of vaping products. While the bill does not define “reasonable,” Ellsworth said to his thinking that could mean something like keeping products out of reach of children in stores or not allowing vaping in restaurants.

    Rep. Ron Marshall, a Republican from Hamilton, spoke in support of the bill. Marshall is co-owner of a vaping store. Earlier this session he brought a bill that would have barred a local government or the state Department of Public Health and Human Services from creating or continuing a regulation, ordinance or restriction related to vaping products.

    Reports for the period that include when Ellsworth’s bill was introduced aren’t due yet. At the state level, the Montana Department of Public Health and Human Services proposed to ban flavored vaping products in 2020 over concern that flavors targeted children. Ellsworth was a leader in a push from GOP lawmakers to oppose the ban, which the department eventually dropped.

    After passing the House in February, Marshall’s bill was voted down in the Senate Business, Labor, and Economic Affairs Committee in mid-March. Marshall told the same committee Tuesday in support of Ellsworth’s bill that bans on things like flavored vaping products would hurt businesses like his. He also said local governments shouldn’t have power to create ordinances on vaping products.