Tag: news

U.S. FDA has Made Decisions on Over 99 Percent of PMTAs

The U.S. Food and Drug Administration today stated it has made determinations on more than 99 percent of the nearly 26 million deemed tobacco products for which premarket tobacco products applications (PMTAs) were submitted. The agency has said previously that reviews for some of the most popular vaping products may take until the end of the year.
The FDA also announced it issued a refuse-to-accept (RTA) letter on Feb. 21, to one applicant notifying a company that their PMTAs, which are associated with approximately 17 million individual tobacco products, do not meet the acceptance requirements outlined in FDA’s regulations.
“The applications were for a grouped submission of e-liquids in varying size, nicotine strength, and flavor combinations, each of which was treated as an individual product application according to existing premarket review processes,” the FDA wrote in a statement.
The agency’s overall determinations include authorizing 23 new e-cigarette products and devices, and issuing refuse to accept (RTA) letters, refuse to file letters, or marketing denial orders for millions of products.
The data includes determinations on applications for nearly 6.7 million products received by the Sept. 9, 2020, deadline, more than 18 million products received after the Sept. 9 deadline, and applications for nearly 1 million non-tobacco nicotine products submitted by May 14, 2022, in accordance with the new federal law passed in April 2022.
Under a federal court order, manufacturers of deemed new tobacco products that were on the market as of the deeming rule’s effective date (Aug. 8, 2016) were required to submit premarket review applications by Sept. 9, 2020.
March 15, 2023
Congress Seeks to Close E-Cigarette Ad Loophole

For more than five decades, tobacco ads have been prohibited on radio, but advertising for e-cigarettes and other vaping related products have made their way onto the airwaves in recent years.
In an effort to make such marketing less attractive, the U.S. Congress wants to close a tax loophole that allows manufacturers to claim federal tax deductions for the cost of advertising for e-cigarettes and tobacco products. That includes the ads they buy on the radio.
Senators Jeanne Shaheen and Richard Blumenthal have reintroduced the No Tax Subsidies for E-Cigarette and Tobacco Ads Act (S. 464), which if passed would not make the direct-to-consumer ads illegal, but would end the ability for companies to take tax deductions for advertising expenses related to vaping and other tobacco products, according to Insider Radio.
“Tax breaks for tobacco and e-cigarette giants allow the industry to profit from its manipulative marketing,” Blumenthal said. “Our legislation ends these write-offs to protect kids and other consumers from being lured into lifetimes of addiction.”
Radio and television advertising for traditional tobacco products has been banned under federal law since January 1971, and certain other forms of tobacco advertising are restricted under the 1998 Tobacco Master Settlement Agreement. However, none of these restrictions apply to e-cigarettes.
March 15, 2023
New Bill Proposes Combustible ‘Endgame’ in Nevada

Credit: Peter Zayda
A new bill in the U.S. state of Nevada seeks to end all combustible cigarette sales in the state by 2030 and would also include flavored e-cigarettes.
The bill would ban all e-cigarettes that are flavored to taste like something other than tobacco, but spares most other non-combustible tobacco products.
Assemblyman David Orentlicher has introduced A.B. 294, which would make several changes to how combustible tobacco products other than premium cigars are sold in the state, essentially outlawing their sale by 2030, reports Charlie Minato of Halfwheel.
Among other things, the bill would bar the Nevada Department of Taxation from issuing any license to any vending machine operator, manufacturer or wholesale dealer of combustible cigarette products on or after Jan. 1, 2029.
The licenses are only valid in the calendar year they are issued, meaning there would be no licensed wholesale dealers beginning on Jan. 1, 2030.
It would also make it illegal to sell combustible tobacco products to anyone born on or after Dec. 31, 2002.
March 15, 2023
Hearing Set for FDA Manufacturing Requirements

Photo: Jon
Registration is open for U.S. Food and Drug Administration’s upcoming public oral hearing on April 12, 2023, from 9:30 am to 5 pm.
The hearing is an opportunity for the public to verbally comment on the agency’s proposed rule “Requirements for Tobacco Product Manufacturing Practice.” The FDA is proposing new requirements for vaping and other tobacco product manufacturers regarding the manufacture, design, packing and storage of their products. Registration also includes a “listen-only” option for those who want to attend the session but do not want to request to speak.
Speaking spots are limited, and the FDA says it cannot guarantee that it will be able to accommodate all requests. Groups and organizations should select a single spokesperson to help the agency hear as many different perspectives as possible. While speaking spots are limited, listening spots are unlimited. Registration to provide oral comments will close on March 31, 2023.
The oral session will be recorded, and a transcript will be added to the docket of the proposed rule.
March 14, 2023
Court: Prohibition of Vapes in County Jail ‘Went too Far’

Credit: Methaphum
An attempt by county commissioners in the U.S. state of Indiana to regulate e-cigarette and nicotine use in the local jail went too far, the state’s Court of Appeals has affirmed.
In 2012, the Indiana Legislature prohibited smoking in places of employment, state government vehicles, public places, and within eight feet of an entrance to a public place or place or employment.
After passage of that legislation, the commissioners of Clinton County enacted an order prohibiting smoking in all county offices and places of employment, including the county jail, according to The Indiana Lawyer.
Then in 2019, the Clinton County Sheriff’s Office received a certificate from the Indiana Alcohol and Tobacco Commission authorizing it to sell e-cigarettes and nicotine pouches to inmates. The inmates began purchasing the products and using them while housed in the jail.
According to the sheriff’s office, “disciplinary incidents and property damages … significantly decreased” after it received the certification, and the sales were generating enough income to be used for educational programs, religious literature and extra training opportunities for the inmates.
However, in 2021, the county commissioners passed an order that prohibited e-cigarettes and any smokeless tobacco in all county offices and buildings. The sheriff’s office immediately stopped selling e-cigarettes and nicotine pouches at the jail.
But the sheriff’s office also filed a complaint for declaratory judgment in Montgomery Superior Court, arguing the commissioners were attempting to regulate the conduct of inmates, which exceeded their authority.
For their part, the commissioners claimed they had authority to enact the order based on Indiana’s Home Rule Law.
Both parties moved for summary judgment, and the trial court ruled in favor of the sheriff’s office. It also denied the commissioners’ subsequent motions to correct error and for relief from judgment based on newly discovered material evidence.
The commissioners appealed and the Court of Appeals affirmed.
“In circumstances like those before us, where the Sheriff’s Office is required to take reasonable precautions to protect the life, safety, and health of an inmate in the county jail, ‘county commissioners do not have control over the acts of a sheriff,’” Judge Melissa May wrote, citing Robins v. Harris, 740 N.E.2d 914, 919 (Ind. Ct. App. 2000). “While the Commissioners have the power to enact a general ordinance governing the use of e-cigarettes in county buildings under the Home Rule Act, the Commissioners do not have the authority to regulate the use of e-cigarettes in the county jail because that power is entrusted in the Sheriff’s Office pursuant to the Take Care Provision (Indiana Code § 36-2-13-5(a)(7)).”
March 14, 2023
ZoVoo, VoPoo to Launch Dragbar Z700 SE Today

The disposable e-cigarette brand ZOVOO and its sister brand VOOPOO are launching the revolutionary Dragbar Z700 SE in 2023. The new Dragbar will be officially launched on March 15.
Equipped with the self-developed Gene Tree ceramic coil technology solution, the Dragbar Z700 SE features the largest puff count among the TRPR & TPD compliant products, according to an emailed release.
Compared with the competitors in the market, the Gene Tree ceramic coil is 26 percent better for taste reproduction and 60 percent more consistent in flavor.
Its vaping aerosol has a stable release, with an overall attenuation of 3.8 percent rather than the 10 percent of competitors, according to the release.
Dragbar Z700 SE is the first disposable with a fully visible oil tank that allows you to see the changes in e-liquid capacity at a glance.
March 14, 2023
Call for Action Against Noncompliant U.K. Vapes

Photo: zef art
The Chartered Trading Standards Institute (CTSI) has called for stronger actions against noncompliant vape products in the U.K., reports Convenience Store.
Stating that the rise in noncompliant products is “getting out of hand,” the CTSI has asked for “clearer direction from government” and greater resources to fight the noncompliant trade.
The CTSI has also suggested that manufacturers publish batch numbers of noncompliant products and introduce restrictions to stop youth vaping, including prohibiting cartoon characters or light-up vapes, restrictions on packaging colors and the promotion of vapes on social media platforms such as TikTok. The group also suggested looking at where the products are positioned in stores and increasing the sanctions available for those producers, suppliers retailers who don’t comply with the law.
Vaping industry representatives applauded the CTSI’s position. “We share the CTSI’s concern over the growth in illicit and underage vape product sales and fully support their call for more resources,” the U.K. Vaping Industry Association said in a statement.
“We also agree wholeheartedly that restrictions need to be explored to address youth vaping without impacting on adult smokers who wish to switch to vaping in order to quit their habits.
“That’s why we are leading the way in forming a Youth Access Prevention Taskforce to develop detailed proposals to deal with the situation, and these include on-the-spot fines of up to £10,000 ($12,176.32) per instance for retailers who are found to be selling to minors and for selling illicit products; a national registration scheme for all retailers, meaning only those outlets that meet qualifying criteria can legally sell vapes; and a national test purchasing scheme that will ensure constant monitoring of retailers’ selling vapes to ensure that they are not turning a blind eye to purchases involving minors.
“Critical to the success of our proposals will be a ramping up of enforcement, and this requires major funding in resources on the ground.
“By Trading Standards’ own admission, resources are sadly lacking, and the government needs to step in and look at this situation as a matter of urgency. Our proposals are designed to support this funding need as monies will be raised from the fines and registration scheme.
“We will be presenting our proposals to government and parliamentarians at the end of March.”
March 13, 2023
Kaival Brands Signs Sales Agreement With Major Broker

Photo: Bidi Vapor
Kaival Brands Innovations Group, the U.S. distributor of all Bidi Vapor products, has entered into a sales broker agreement with a prominent U.S. broker to expand access to Bidi Vapor products from its current foundation of convenience store distribution into new retail channels, including discount, grocery and mass merchandisers.
Eric Mosser
“As we look to push distribution into more channels beyond the convenience stores, we are excited to announce a new agreement that gives us potential access to over 40,000 new locations,” said Eric Mosser, president and chief operating officer of Kaival Brands, in a statement. “We believe this agreement, along with our recent announcement of other new distribution agreements, further validates our reputation as a good actor providing adult consumers with the highest quality vape experience possible, and we look forward to working with all of our commercial channel partners to expand our revenue opportunities.”
“We are excited to further increase the reach of Bidi Vapor and its premium vaping device, the Bidi Stick, into potentially more distribution opportunities throughout multiple retail channels,” stated Russell Quick, president of QuikfillRx, the company’s third-party sales and marketing vendor. “With our feet firmly in the convenience store space, it is time not only to grow our existing footprint but to extend into more channels, like dollar and grocery stores, that meet our robust identification verification and youth access prevention requirements.”
March 13, 2023
VPZ Plans to Open 20 More Stores by End of Year
Credit: VPZ
VPZ says it plans to have opened 20 additional stores by the end of the year as its expansion plans continue.
The Scottish vaping group’s director Doug Mutter is calling on the U.K. Government to follow the lead of New Zealand and increase regulation of the vaping market.
Edinburgh-headquartered VPZ plans to grow to 170 stores by the end of the year, according to insider.co.UK.
The chain has this year already opened stores in Hexham, Sheffield, Nottingham, Derby and Newquay.
It says Falkirk and seven “major shopping center sites” are going through the acquisition process and that further growth is planned in the North East of England and Yorkshire.
Mutter also called for tighter controls and licensing for selling vaping products.
“At VPZ, we are firmly focused on helping adult smokers quit and have helped over 700,000 people quit smoking since we were established in 2012,” he said.
March 13, 2023
Police in Thailand Seize $2.3 Million in Illegal Vapes

Credit: a3701027
Police in Thailand seized vaping devices and accessories valued at over 80 million baht ($2.294 million) during police raids in Bangkok and Nakhon Pathom on Saturday.
Cyber Crime Investigation Bureau deputy commissioner Maj-General Pairoj Sukruaythanachote told a press conference that three locations, including a warehouse, were searched in Nakhon Pathom’s Mueang district.
He said two people were arrested and nearly 50 million baht worth of vaping devices and accessories was confiscated during the raids, according to Nation Thailand.
In Bangkok, police searched a condominium in Ratchathewi district where another nearly 50 million baht worth of vaping devices and accessories was confiscated, Pairoj said, adding that a suspect was arrested during the raid.
Those arrested were charged with importing prohibited items, violating the Consumer Protection Act and the Export-Import Act. Further investigations are underway to find other people involved, police said.
Activists are confident that Thailand will legalize vaping after the likely general elections in May.
Vaping is currently prohibited in the kingdom, but discussions are ongoing to end the ban, according to ENDS Cigarette Smoke Thailand (ECST).
March 13, 2023