Tag: news

Minnesota AG Personally Opens Juul Labs Lawsuit

Minnesota Attorney General Keith Ellison personally opened his state’s case against Juul Labs on Tuesday, accusing the e-cigarette maker of using “slick products, clever ads and attractive flavors” to hook children on nicotine as the first of thousands of cases against the company reached trial.
Minnesota is seeking more than $100 million in damages, accusing Washington, D.C.-based Juul of unlawfully targeting young people to get a new generation addicted to nicotine, according to the Federal News Network.
“They baited, deceived, and addicted a whole new generation of kids after Minnesotans slashed youth smoking rates down to the lowest level in a generation,” Ellison said. “Now, big tobacco is back with a new name but the same game. Juul wiped out the work of our state with their slick products, clever ads, and attractive flavors.”
Juul has faced thousands of lawsuits nationwide but most have settled, including 39 with other states and U.S. territories. Not Minnesota, which won a landmark $7.1 billion settlement with the tobacco industry in 1998. Minnesota added tobacco industry giant Altria, which formerly owned a minority stake in Juul, as a co-defendant in 2020.
David Bernick, an attorney for Juul, promised jurors an “intense and interesting” trial. He said the purpose of Juul was always to convert adult smokers of combustible cigarettes to a less-dangerous product that would still provide a satisfying nicotine experience — not to lure kids. E-cigarettes aren’t safe but aren’t deadly either, he said; they’re somewhere in between. And Juul did nothing to intentionally drive youth demand, he argued, suggesting that the growth in youth vaping was more likely due to increasing adult demand resulting in ”leakage” to kids.
William Geraghty, an attorney for Altria, denied Ellison’s assertions that Altria invested heavily in Juul because it ultimately wanted to hook kids on its cigarettes, which include Marlboro. He said Altria bought its passive stake because Juul had found the key to successfully switching adult smokers of conventional cigarettes to a less harmful product, while Altria’s competing e-cigarettes had failed in the marketplace.
The lawsuit against Juul, filed in 2019, alleges consumer fraud, creating a public nuisance, unjust enrichment and conspiracy with Altria. The jury trial before Hennepin County District Judge Laurie Miller is expected to last about three weeks
March 29, 2023
House Oversight Committee to Probe CTP Failures

The U.S. House Oversight and Accountability Committee announced its intent to investigate the practices of the Food and Drug Administration’s Center for Tobacco Products (CTP).
Chairman James Comer is conducting the probe of the FDA’s regulation of tobacco and nicotine products through the CTP, stating that the center has failed to effectively define and administer its tobacco and nicotine regulatory programs.
The failure has resulted in industry uncertainty and unsafe products reaching the marketplace, according to a committee press release. In a letter to FDA Commissioner Robert Califf, Comer is requesting documents, communications, and a staff-level briefing related to the CTP’s activities to ensure it is performing its regulatory function as intended.
“The Committee on Oversight and Accountability is conducting oversight of the Food and Drug Administration’s (FDA) regulation of tobacco and nicotine products through its Center for Tobacco Products (CTP). A recent evaluation of CTP by the Reagan-Udall Foundation (RUF) found that CTP has not clearly set out the most basic elements of its tobacco and nicotine regulatory programs. This has resulted in confusion, inefficiency, litigation and suspicions of political interference. CTP has fostered uncertainty in the marketplace and has allowed unsafe and unregulated products to proliferate. Therefore, we seek documents and information regarding CTP’s activities to enable transparency and to ensure the CTP is performing required functions,” wrote Comer.
An evaluation of the CTP by the Reagan-Udall Foundation stated that the CTP is unable to perform its basic functions and ensure that Americans have access to products that have the potential to lower the rate of smoking-related disease and death. Amidst unclear policies, stakeholders have even reported having to guess what the CTP’s regulations might be. Congressional oversight is needed to bring transparency to the CTP’s lack of clear policies that have resulted in market uncertainty, unregulated products and enforcement failures, according to the press release.
“We have deep concerns that CTP’s decisions have been influenced by political concerns rather than scientific evidence,” wrote Comer. “Comments from FDA staff to RUF, which are no longer available on its website, reflect such concerns. For example, one commenter said, ‘[i]n cases where reviews are finished and scientific decisions are made, they are also overruled by political agendas and pushed to change decisions.’ Another stated, ‘scientific disagreement is frowned upon, if not entirely suppressed,’ while a third said leadership was ‘… unsupportive of a reviewer’s fundamental duty to provide an unbiased review using the best available science.’ FDA must clearly identify and publicize what scientific criteria are necessary for a product, to include [electronic nicotine-delivery system (ENDS) products] and smokeless products, to be authorized through the PMTA pathway and—where appropriate—the subsequent [modified-risk tobacco product applications (MRTPs)] pathway.”
Comer specifically asked the FDA to provide: FDA staff comments to the Reagan-Udall evaluation; all communications with the White House and Department of Health and Human Services (HHS) regarding tobacco or nicotine policy; documents and communications between the FDA and the Centers for Disease Control and Prevention (CDC) regarding CTP policies; documents and communications between the FDA and “public health advocacy groups” regarding CTP policies; all documents that describe the specific analytic process the FDA uses to apply the “appropriate for the protection of public health” standard; and all documents and communications related to the FDA’s enforcement efforts to remove illegally marketed tobacco or nicotine products from retail locations.
March 29, 2023
Kansas Set to Raise Purchase Age of Tobacco to 21

The Kansas Senate passed House Bill 2269, 28-11, which will raise the minimum tobacco purchasing age in the state to 21 from 18, reports ksnt.com. The bill now heads to the governor’s desk.
The bill would bring Kansas into compliance with federal law, making it illegal for a retailer to sell tobacco products, including electronic cigarettes and cigarettes, to anyone under the age of 21.
Representative Tom Kessler, a Republican from Wichita who carried the bill, said the state could lose funding from the federal government if the legislation is not enacted. “We do stand to lose a little bit of funding if we don’t conform with federal law,” Kessler said. “We’re going to lose about $1.2 million of funding if we don’t make this transition within the window that the feds allowed us to.”
Representative John Eplee said that some retailers in the state have moved toward federal compliance but others have not, making federal law harder to enforce. “Most vendors have already complied with this, but are not required to, and it makes enforcement ‘herky jerky’ in our state,” Eplee said. “Forty-six other states have already fallen into compliance … we’re just asking Kansas to do the same thing.”
March 29, 2023
Argentina Bans Imports and Sales of E-Cigarettes

The Ministry of Health of Argentina has banned the importation, distribution, commercialization and advertising of different types of electronic cigarettes and accessories “throughout the national territory,” reports MercoPress.
Health Minister Carla Vizzotti signed a resolution prohibiting heated-tobacco products (HTPs) “based on the risks involved” in using them. The health department stated that many studies have shown HTPs “produce aerosols with nicotine and other chemicals, such as acetaldehyde, acrolein and formaldehyde, [and] are harmful and potentially harmful to health.”
“Evidence suggests that novel products such as HTPs and similar products are particularly attractive to children and adolescents, and their introduction into the market has the potential to lead to tobacco initiation in young and nonsmoking adults, threatening the achievements already made in tobacco control,” the official document stated.
The National Risk Factors Survey 2018 showed that 1.1 percent of the adult Argentinian population used electronic cigarettes while the 2018 Global Youth Tobacco Survey showed that 7 percent of those aged 13 to 15 consumed electronic cigarettes.
March 28, 2023
BAT Design Chief Says Users, Simplicity are Main Focus

Image: Tobacco Reporter archive
Ken Kim, BAT’s design chief, is the first Korean to oversee the design process of all of BAT’s tobacco products, focusing on simplicity and the user experience, reports The Korea Herald.
“My priority when designing heating tobacco products was that the item should become one of the three products that consumers can carry with them all the time, along with a phone and wallet,” said Kim during an interview.
Kim said that with the latest product, Glo Hyper X2, he and his design team focused on the smallest details, like how consumers with different finger lengths could comfortably close the product’s iris shutter and the most convenient shape for switches used in iris shutters.
“I also held a lot of meetings with the engineers to best design products that have the size and width to fit comfortably in consumers’ hands,” Kim added. “As such, we put a lot of effort into researching how to best design our products. We wondered if consumers will actually take notice of such efforts but concluded that for their satisfaction, this was a duty we must complete.”
Kim highlighted the strengths of products with simple, refined designs. “Designs for a product is only complete when its function part has been fully supplemented,” said Kim.
March 28, 2023
Innokin Holds Anniversary Celebration for 2 Devices

Innokin is holding an anniversary celebration in honor of the company’s Endura and Platform series products.
Endura and Platform products have been on the market for eight years and six years, respectively.
During the event, Innokin is making all purchases of Endura and Platform series products eligible for a prize draw. Innokin is also offering special discounts to distributors and wholesalers on direct orders throughout the anniversary campaign.
The company’s flagship entry-level Endura series launched in 2015 with the Endura T18. Since then, the reliable build quality and consistent performance of the T18 have become its defining features, according to Innokin.
The Platform series, which was designed in collaboration with vaping experts Phil Busardo and Dimitris Agrafiotis, launched in 2017.
Since being introduced to the market, both Endura and Platform series products have sold millions of units in more than 100 markets, according to Innokin.
The anniversary celebration ends on April 16, 2023.
March 28, 2023
New Bill Would Reduce Burden on Industrial Hemp Farmers

A bipartisan team of U.S. senators presented a bill in the country’s Senate that would reduce the burden on industrial hemp farmers.
U.S. Senators Jon Tester (D) and Mike Braun (R) introduced bipartisan legislation dubbed the Industrial Hemp Act, that would exempt farmers who exclusively cultivate industrial hemp from the arduous background checks and expensive sampling and testing requirements.
These protocols would, however, remain, for farmers growing cannabinoid hemp, according to The Dales Report.
“Montana farmers don’t need government bureaucrats putting unnecessary burdens on their operations,” stated Senator Tester. “It’s time we cut red tape, and make it easier for industrial hemp farmers to get their product to market. My bipartisan bill builds on Montana’s leadership on hemp policy and creates good-paying jobs for folks across rural America.”
The current U.S. Department of Agriculture (USDA) rules require all hemp crops must be compliant and are subject to a test, while the end-use products made from industrial hemp have always been exempt from the Controlled Substances Act.
The new legislation would still require industrial hemp farmers to meet compliance standards, but would not require background checks and testing protocols if their crops are in compliance.
Producers who go against these regulations would be banned from taking part in the hemp program for five years.
March 28, 2023
Smoore Awarded Highest Rating for its ESG Efforts

The international ESG rating agency Sustainalytics awarded Smoore International Holdings Limited, parent to the FEELM and Vaporesso brands, the top position among global electronic atomization companies.
“Smoore’s outstanding performance in corporate governance, business ethics, supply chain, environmental management, and carbon emissions contributed to its leading position in the global electronic atomization industry,” a release states. “Its ESG score improved from 27.9 to 24.6 (the lower the Sustainalytics score, the better the performance), reflecting the industry and global recognition of Smoore’s accomplishments in sustainable development.”
Sustainalytics is an independent ESG research, rating, and data company with 25 years of expertise in ESG and corporate governance research and analysis, covering an estimated 15,000 companies globally.
Smoore consistently ranks first among global electronic atomization companies in the ESG ratings published by MSCI, the world’s largest index company.
Last year, Smoore declared that it was the first in the industry to launch a carbon neutrality plan, aiming to achieve operational carbon neutrality by 2050 and source 30 percent of its energy consumption from renewable sources by 2030.
March 27, 2023
Minnesota’s Juul Labs Youth Marketing Suit Begins

Credit: Ontronix
A trial against Juul Labs and Altria for youth marketing begins today in the U.S. state of Minnesota. It is the first state to go to trial against the e-cigarette manufacturer and tobacco company.
Jury selection in the trial comes more than three years after Minnesota Attorney General Keith Ellison first filed a lawsuit against Juul Labs, reports CARE11.
“We will prove how Juul and Altria deceived and hooked a generation of Minnesota youth on their products, causing both great harm to the public and great expense to the State to remediate that harm,” said Ellison, in a press release.
Minnesota is the first case to go to trial against Juul since more than a dozen states sued the company beginning in 2019.
“It’s a pretty significant case,” said David Schultz, a law professor at the University of Minnesota. “The case comes down to two or three basic issues. First, it’s about the claim that Juul marketed to minors. Second, it did nothing in terms of trying to prevent minors from accessing their product. And third, it was about the fact that they did not make appropriate disclosures regarding the health and safety risks surrounding the use of vaping and some of these smokeless tobaccos.”
The state believes Juul Labs, enabled by Altria, “engaged in consumer fraud, negligence, and created a public nuisance.”
This isn’t new territory for the state. Minnesota was the first state in the country to successfully sue the tobacco industry and win in the 1990s.
Earlier this year, A U.S. district judge handed Juul Labs preliminary court approval of a $255 million settlement resolving claims by consumers that it deceptively marketed e-cigarettes, as the company seeks to resolve thousands of lawsuits.
The company reached a nearly $24 million settlement with the City of Chicago in mid-March.
Juul and Altria have denied the allegations.
In court documents from November 2022, the defendants stated, “Minnesota has reaped billions of dollars from tobacco settlements and taxes over the last decade for the purpose of preventing tobacco use and remedying its harms. Yet even after determining that there was an alleged youth vaping problem among Minnesota youth, time and again the State chose to ignore recommended tobacco prevention funding guidelines and instead used these funds to bankroll unrelated projects—like the Minnesota Vikings football stadium.”
March 27, 2023
Flavored Vaping Ban Bill Fails in Hawaii’s Senate

Credit: Aleksandr Kondratov
By not scheduling a hearing, lawmakers in Hawaii have killed a bill proposing to ban flavored vaping and other tobacco products in the state.
Legislators had until Thursday to schedule the hearing for H.B. 551, however, the legislation failed to get voted out of a Hawaii Senate committee, meaning the bill will not move forward, according to KITV.
The bill passed the House earlier this month.
If passed, H.B. 551 would have banned the sales of flavored tobacco and vaping products effective Jan. 1, 2024.
Retailers caught violating the standard would have been fined at least $100 for a first offense and up to $1,000 for subsequent violations.
This is the latest attempt at banning flavored tobacco sales in Hawaii. Last year, the Hawaii Legislature passed a bill, but it was vetoed by the governor.
While H.B. 551 will not move forward, there’s another bill, S.B. 1447, that would remove Hawaii’s existing preemption clause regarding tobacco regulations.
This would allow counties to enact stricter laws than the state law, a way for bans on the sale of flavored tobacco and vaping products to begin.
S.B. 1447 has already passed the Hawaii Senate and is continuing to move forward in the Hawaii House of Representatives.
March 25, 2023