Iowa Attorney General Tom Miller in the U.S. announced that Juul Labs Inc. will update its advertising and retail practices, and pay $5 million over a four-year period in order to resolve potential violations of Iowa law.
Miller alleged that the e-cigarette manufacturer exposed Iowans under the age of 21 to its nicotine delivery system which would be a violation of Iowa’s Deceptive Trade Practices Act.
“This agreement strikes a balance in truthful advertising and promotions of Juul devices and pods,” Miller said. “E-cigarettes should be promoted to smokers as a less harmful alternative, but not to youth,” according to KCRG.
As part of the agreement, Juul Labs will send $1.25 million each year to the Iowa Department of Health and Human Services. The funding will then be used to:
provide Iowans with assistance in quitting e-cigarette use
fund education or prevention programs
establish research in support of preventing ENDS use
facilitate the adoption of age-verification technologies
enforce related programs in support of Iowa and federal laws.
In New Zealand, two new medicinal cannabis products have been verified as meeting the quality standard for legal sale. This follows Helius, a week earlier, being the first New Zealand company to receive GMP certification to produce THC extracts and manufacture medicines containing THC.
“We are very pleased to bring more NZ grown, NZ made medicinal cannabis products to Kiwi patients,” says Carmen Doran, chief executive of Helius Therapeutics. The launch of two new medicines into the New Zealand market makes a total of four new medicines from Helius in 2022. It brings Helius’ portfolio of products to six, according to an email sent to Vapor Voice.
“In mid-December we were able to announce GACP certification, and since then we’ve also obtained GMP certification for four more processes at our East Auckland site. Such progress is testament to the culture of teamwork Helius is building,” she says.
Helius is New Zealand’s only company to have GMP certification for extraction and manufacture of CBD and THC medicines. What’s more, it is now one of two companies (the other being Nubu Pharma) who have six products verified as meeting the minimum quality standard in New Zealand.
The latest products will be exported in 2023 to Helius customers in Europe.
“The THC containing products have had considerable interest internationally, with GMP manufactured products gaining a lot of attention globally as the medical markets continue to grow. We have seen particular interest in balanced, full spectrum medicinal cannabis formulations,” says Doran.
With the launch of these products, New Zealand patients now have access to NZ made products across the spectrum of oral solutions. No longer do they have to rely on imported products which have had supply delays throughout 2022 and can be priced considerably higher.
With Republicans in control of the U.S. House, some experts expect the vape industry to thrive.
By Timothy S. Donahue
The next two years should be better than the past two years. That was the overall outlook from vapor industry experts speaking during the Vapor Technology Association’s (VTA) 2022 Post-Election Round-Up webinar in late November. Tony Abboud, executive director of the VTA, told attendees that his organization has been working diligently with two Washington, D.C.-based firms, West Front Strategies, a lobbying group, and FORA Partners, a public affairs agency, to promote the interests of the vaping industry as Republicans take over the U.S. House of Representatives in 2023. “We have a very specific agenda, some of which we’ve discussed (as an overview of what) we are pursuing,” he said. “We’ve done an enormous amount of groundwork.”
Shimmy Stein
Shimmy Stein, a partner with West Front Strategies, said the change in leadership at the House could have a positive impact on the vaping industry until at least the next election cycle. “Anytime you can take over the gavels, take over the control of the messaging, take over control of the chairmanships and the legislation, that is an important piece of governing,” he explained. “And so, while it was not to the extent or to the size which Republicans were hoping for in terms of the majority in the House of Representatives, it’s still pretty significant and will change the manner in which Washington will function.”
Over the next two years, the vaping industry should feel “a little more comfortable, a little more secure” going into a divided Congress (the U.S. Senate leadership did not change), according to Craig Kalkut, a partner with West Front Strategies. However, the vaping industry has always faced threats from both Democrats and Republicans due to their concerns over teen vaping. “We still need to work with both parties. We still could face issues and threats of overregulation and poorly conceived legislation. But the bottom line is that we will have a more comfortable environment with Republicans controlling one house of Congress,” said Kalkut.
Craig Kalkut
Reconciliation, a way for Congress to enact legislation on taxes, spending and the debt limit with only a majority vote, is no longer a threat to the vapor industry, according to Kalkut. He said that’s just not something that can happen in a divided Congress. “What that means, ultimately, is that anything that passes will need to have bipartisan support,” said Kalkut. “And because of that, [legislation] will likely be more limited, more moderate, and hopefully, if there’s any legislation passed in our area, that will be something that allows us to thrive, which addresses the concerns that linger over teen vaping but does not overregulate and drive people away from vaping.”
Kalkut also confirmed that gridlock is a concern in a divided Congress; however, gridlock could also provide incentives for both parties to compromise. “They’re both seen as in charge, so they both sometimes want to get something done. And that will bring people to the table and often over issues that are not central to either party’s ideology,” he said. “It’s hard to come to a compromise on taxes, or it’s hard to come to a compromise on healthcare … but something like vaping, perhaps there will be opportunity for common sense provisions to prevail in an area where Democrats and Republicans can come together.”
Max Hamel
Max Hamel, founding partner of FORA, said when Congress is split, the White House typically relies heavily on its executive privilege. There is no known administration agenda on vaping, so a vaping-related rule is unlikely. With Republicans in control of the House, they also head committees. The House oversight committee and its subcommittees could present opportunity for the vaping industry, according to Hamel.
“We do have new personalities on both the majority and the minority side, so they’ll probably have some growing pains,” he said. “The big question is, how does this new authority, especially in the House, get wielded[?] … whether it’s one seat or 40 seats, the authority with the majority is the same, and it is substantial from [an] investigation and oversight standpoint; [that’s] probably not necessarily true from a legislative standpoint … the oversight subcommittee, we do have the opportunity to surface some things, but it’s really an opportunity for us now to not be on defense and [to] put forth an agenda and some messaging that really focuses on the things that are advantageous to us.”
Additionally, with Juul losing its stranglehold on the vaping market, Hamel said the vaping landscape is changing. Juul became the focus to save youth from vaping, and today, Juul isn’t the focus. The market is made up of a more diverse group of companies with different technologies dedicated to harm reduction. Hamel said this is the message that should be projected. “I think our priority will be focusing on the messages that really emphasize the harm reduction aspects,” he said.
Kalkut then added that the vaping industry has an opportunity now to change the conversation, particularly with Democrats but also Republican critics and skeptics of vaping through the ever-expanding body of science that shows the relative safety and incredible potential for harm reduction that next-generation tobacco products have. “That has become more and more clear as time has gone on over the last couple of years,” he said. “I think once we show that, once we demonstrate our commitment as an association in the industry to addressing teen vaping, we have a real chance of changing the narrative.”
Ashley Davis
Ashley Davis, a founding partner at West Front Strategies, told attendees that, looking back on industry challenges, there has been success. However, her concerns going into the last Congress (2020–2022) were that she didn’t really know in what direction or how forcefully Biden would lean on the vapor industry. She says the industry “dodged a bullet.” The industry could have suffered more than it did those first two years in a Biden administration. She also said the issue of youth use will remain at the forefront of any discussion concerning electronic nicotine-delivery system products.
“We do have to still deal with the youth issue. And I think we all realize that any negative press that comes up is around the youth issue … Everyone loves a microphone. It’s a member of Congress. If there’s an issue to discuss, that’s what they’re going to discuss,” explained Davis. “[We are] trying to make sure that any bad legislation is not passed—it’s much more unlikely in this Congress than it was before.”
Taking a question from the audience, Abboud closed the session speculating on the impact of the Reagan-Udall Foundation’s external review of the U.S. Food and Drug Administration’s Center for Tobacco Products, the results of which are expected in mid-December.
Abboud said that numerous comments from staffers of the FDA for the Reagan-Udall assessment suggest the regulatory agency is in a state of disarray and is being influenced by outside forces not scientific research. He said he hopes the foundation will advise the FDA that premarket tobacco product application (PMTA) decisions should be free from any external pressures, especially political pressure.
“[The review should recommend to the FDA that PMTA] decisions must be made based upon the science that is submitted as well as making sure that the agency does, in fact, review all of the science that has been submitted as part of any applications as well as [reviewing] all of the applications that have [been] submitted,” said Abboud. “Because that was another big failing of the current process where applications have been rejected [without a full review].”
A U.S. federally-licensed tobacco product manufacturer focused on harm reduction products announced today that the Canadian Intellectual Property Office (CIPO) has issued patents for its pods comprising blends of very-low-nicotine tobacco and hemp for use with electronic nicotine delivery systems (ENDS).
Canadian Patent No. 3,151,047 was issued to Cabbacis and includes 27 claims which will expire on September 10, 2040. Earlier in 2022, CIPO also issued Patent No. 3,107,796 to Cabbacis for cigarettes comprising blends of very-low-nicotine tobacco and hemp.
“I am pleased that both types of our products are now patented in Canada which is one of our early target countries for commercialization,” said Joseph Pandolfino, founder and president of Cabbacis.
Credit: Feng Yu
Primary applications of the company’s very-low-nicotine cigarettes and vaping pods in development comprising blends of very-low-nicotine tobacco and hemp are to assist smokers of conventional cigarettes to smoke less, transition to less harmful tobacco or nicotine products, or quit nicotine use altogether, according to a press release.
Cabbacis’ patent portfolio includes 25 issued patents and various pending patent applications across the United States, Europe, China, Japan, South Korea, Canada, Australia, New Zealand, Mexico, Brazil and other countries. The company holds six U.S. patents.
Legislatures in Scotland are proposing to ban flavored vaping products to “protect the health of children and young people”.
The Scottish Greens are set to propose plans to ban sweet-tasting vapes in 2023, with campaigners warning it is a “ticking time bomb” for young people’s health, according to media reports.
The party’s health spokesperson, Gillian Mackay, said she is also prepared to pursue legislation to ensure the health of those most likely to be impacted is preserved.
She said there is growing concern that the number of under-age people being attracted by “deliberately sweet-toothed tactics” used to market the products is spiraling.
Mackay also wants to ban the public display of e-cigarettes in retail shops. She said she wants retailers to treat them in the same way as cigarettes and hide them from view.
The port town of Dover, England, with the view facing towards France. The port is used for passengers and commercial goods. (Credit: Credit ProMicroStockRAW)
The number of potentially unsafe disposable vapes being seized at English Channel ports has risen “dramatically”, according to trading standards.
More than 300,000 of the counterfeit products had been seized during December, Kent Trading Standards said, according to the BBC.
“A lot of our work has been focused on retail outlets but this is now higher up the supply chain,” James Whiddett, spokesperson for KTS, said. “We’re stopping these devices which may have about 10 times the legal limit of nicotine in them.”
He said the current legal limit on the tank on disposable vapes is 2ml, which is the equivalent of 600 puffs.
“The products which we’re seeing coming into the country at the moment have 3,500 puffs on them and some have 7,000 puffs, so they are illegal and cannot be supplied to anyone,” he said.
Whiddett said the demand for disposable vapes had risen dramatically over the last nine months.
“The flavors, the fact that people don’t have to put their own liquids in, means it’s convenient and easy,” he said. “We’re not sure where these illegal vapes were going, and our investigations are ongoing.”
Gillian Golden, CEO of the Independent British Vape Trade Association, said non-compliant vape products are also associated with non-compliant sales, “often to underage consumers.”
She said the association would continue to assist trading standards over non-compliant vaping products.
Renters West Hollywood (WeHo), California, will soon be banned from using e-cigarettes inside their apartment. The ordinance also includes the patio or balcony.
A new section of the WeHo municipal code goes into effect Jan. 1 that prohibits smoking in “existing units” in multi-family dwellings, which basically means most apartments and duplex rentals.
The city defines “smoking” as cigarettes, cannabis and tobacco vapes, and other products made from tobacco and/or nicotine, such as heat-not-burn products and hookah, according to media reports.
Those caught breaking the new rule are subject to a fine ranging from $100 to $500. However, violations can not be grounds for eviction or imprisonment.
Using cannabis vapes remains legal if for medical purposes. “The City Council further finds that, in the interest of the public health and welfare, imposing restrictions on smoking or vaping cannabis in the privacy of one’ s residence is not warranted for tenants that consume cannabis for medicinal, therapeutic or recreational purposes,” the council stated. “State law does not allow cannabis smoking in public places and prohibiting cannabis consumption in private units would not leave available safe alternatives.”
A lawmaker in Scotland wants to ban the public display of e-cigarettes in retail shops. Scottish Greens MSP Gillian Mackay wants retailers to treat them in the same way as cigarettes and hide them from view.
“This is beyond the days of smoking behind the bike sheds – this is a multi-million industry leading the nation’s health down a path to disaster,” Mackay said. “It is a ticking time-bomb and, until we know more, that’s not a risk I or anyone else should be asked to accept.”
She has written to shops and vape manufacturers ahead of taking her campaign to the Scottish Parliament, according to the Daily Record.
Mackay, the Green Party’s health spokesman, said there is growing concern that the number of under-age people being attracted by “deliberately sweet-toothed tactics” to market products is spiralling.
She is calling on retailers to lead by example by writing to them urging that they hide the products from view.
One of the largest tobacco companies in the world has initiated High Court proceedings against the health minister and attorney-general in Ireland.
BAT, the owner of the Irish business PJ Carroll, is seeking to bring a judicial review against a decision by the European Union to ban flavored heated tobacco products (HTPs).
The ban, first proposed by the European Commission in June, took effect last month. The case is being taken by PJ Carroll and Nicoventures, another BAT subsidiary that produces next-generation tobacco products, according to The Times.
The European Union on Nov. 3 published the directive officially banning flavors in heated tobacco product throughout the Union.
The publication followed the end of the scrutiny period on Oct. 29, during which neither the European Council nor the European Parliament raised objections to the ban.
Marijuana laws are always changing across the globe. After elections in the United States, more states have had voters decide on the legality of marijuana in their state. Rules in Europe are changing more slowly, but many countries are becoming more accepting of cannabis regulation.
Several U.S. states had recreational marijuana on the ballot in 2022. Maryland and Missouri became the 20th and 21st states, respectively, to legalize marijuana for adult recreational use in November, but cannabis reform efforts met defeat in Arkansas, North Dakota and South Dakota.
Maryland voters approved a constitutional amendment that legalizes recreational marijuana for people aged 21 and older. It will go into effect on July 1, 2023, and allow possession of 1.5 ounces or two plants. Possession of small amounts of marijuana was already decriminalized in Maryland. Under the amendment, those previously convicted of cannabis possession and intent to distribute will be able to apply for record expungement, according to media reports.
Missouri voters ended prohibitions on marijuana in the state and allowed personal use for those over the age of 21. It will allow for personal possession of up to 3 ounces and allow individuals with marijuana-related nonviolent offenses to petition for release from prison or parole and probation and have their records expunged.
North Dakota voters rejected a citizen-initiated ballot measure that aimed at allowing the use of marijuana in “various forms” for those who are at least 21 years old. It would have allowed marijuana possession of up to an ounce and all marijuana to be tested in a facility “for the potency of products and the presence of pesticides” and subject to random inspection.
South Dakotans rejected legalizing cannabis in the state too. Legalization for recreational marijuana use had passed in South Dakota in 2020, but the results were nullified by state courts. According to the proposed 2022 ballot measure, marijuana possession of up to an ounce would have been legal. It also would have legalized possession of marijuana paraphernalia, use and distribution.
Additionally, Arkansas voters rejected a constitutional amendment that would have allowed cannabis possession and recreational consumption by adults as well as the sale by licensed facilities. Had it passed, cannabis possession of up to an ounce would have been legal, and some tax revenue from marijuana sales would have contributed to funding law enforcement.
In Europe, many experts expect most countries to legalize cannabis in some way over the next 20 years to 25 years. Complicating the process is that Europe, like the U.S., currently has a patchwork of marijuana laws. Italy, for example, requires its army to grow marijuana for the country’s medical program. Switzerland is launching its first legal recreational program in Basel. And the Netherlands is only now authorizing the country’s first legal cannabis cultivation.
In Germany, Health Minister Karl Lauterbach presented a cornerstone paper on planned legislation to regulate the controlled distribution and consumption of cannabis for recreational purposes among adults. Acquiring and possessing 20 grams to 30 grams of recreational cannabis for personal consumption would also be made legal. The coalition government struck an agreement last year to introduce legislation during its four-year term to allow the controlled distribution of cannabis in licensed shops.
The Czech Cabinet is considering a draft plan to establish a regulated recreational cannabis market, according to Politico. A final proposal is expected in March, and it would go into effect in 2024 if enacted, Radio Prague International reports. Medical marijuana has been legal in the country since 2017. France has been experimenting with medicinal cannabis since 2021. Malta just passed a law allowing a person to carry 7 grams of cannabis. Finland has also recently taken small steps toward legalization. In 2019, a public initiative collected more than 59,000 signatures in favor of decriminalizing the personal use of cannabis, clearing a threshold that would require Parliament to consider the initiative in its current term that ends in 2023.
Legislatures in Scotland are proposing to ban flavored vaping products to “protect the health of children and young people”.
