Tag: news

  • FTC Report Shows Surge in Sales of Disposable Vapes

    FTC Report Shows Surge in Sales of Disposable Vapes

    Credit: Andriy Blokhin

    The Federal Trade Commission’s second report on e-cigarette sales and advertising across the U.S. shows sales of flavored disposable e-cigarettes and menthol e-cigarette cartridges surging dramatically in 2020.

    The coincides with a federal ban on the flavored cartridges for closed systems. Regulators state that closed systems were popular with youth, so the FTC report suggests that youth e-cigarette use has shifted to disposable flavored products rather than declined.

    The report also found that the distribution of free and discounted e-cigarettes reached record highs.

    “This report shows that youth are still at risk from flavored or deeply discounted e-cigarettes,” said Samuel Levine, director of the FTC’s Bureau of Consumer Protection. “Marketers of e-cigarettes have proven skillful at evading FDA regulation and hooking youth on addictive products.”

    The FTC has been reporting on tobacco sales annually since 1967 and smokeless tobacco sales since 1987. Last year, the agency expanded its studies of industry and published its first-ever report on e-cigarettes.

    This year’s e-cigarette report covers sales and advertising data from 2019 and 2020, a period in which the U.S. Food and Drug Administration published an enforcement policy banning the sale of flavored e-cigarette cartridges other than menthol.

    Overall, the report found that total e-cigarette sales, which had increased from $304.2 million in 2015 to $2.046 billion in 2018, grew to $2.703 billion in 2019, but then declined to $2.24 billion in 2020. The FTC report notes that the 2020 decline may not represent the market given major industry shifts. Key findings in the report include:

    • Significant shift to flavored disposable e-cigarettes: Publicly available sources indicate that the sale of disposable e-cigarettes – which are exempt from the FDA’s 2020 policy – increased substantially, with “other” flavored disposable products making up 77.6 percent of all disposables sold in December 2020. The FTC’s data did not show an increase in disposable sales. However, FTC’s data likely does not represent an accurate picture of the market for disposable e-cigarettes. Only two of the five companies submitting data for 2019-20 continued to market disposable e-cigarettes in 2020, and those that did provided more limited offerings. In order to improve the representativeness of its industry sales data for future FTC reports, the FTC recently sent orders to four additional e-cigarette companies.
    • Major increase in menthol cartridge sales: Similarly, the report found that the sale of the remaining non-FDA-banned flavored cartridge, menthol, increased significantly, to 63.5 percent of all cartridges sold in 2020.
    • Record high e-cigarette discounting: The data also reveal that price discounting for e-cigarettes reached a record high of $182.3 million in 2019, and, although it decreased slightly in 2020, such discounting still represented the largest category of ad expenditures by e-cigarette manufacturers.
    • Doubling of nearly free e-cigarette samples: The data collected for 2019-20 suggest that spending on the sampling and distribution of free and deeply price-discounted e-cigarettes more than doubled in just two years, making it the second-largest spending category in 2020. This occurred because, after the FDA banned tobacco product sampling in 2016 to limit youth access, some companies began offering e-cigarettes for $1 (or even less) in an apparent attempt to get around the ban.

    “This report shows that partial bans on certain types of flavors for certain types of e-cigarettes are unlikely to be successful in achieving a reduction in youth addiction to nicotine via e-cigarette usage,” the FTC wrote in statement.

    The Commission vote approving the FTC’s E-Cigarette Report and related data tables for 2019-20 was 5-0.

  • Macau Approves Law Against E-Cigarettes, Full Ban Possible

    Macau Approves Law Against E-Cigarettes, Full Ban Possible

    The Macau parliament approved an amendment to the law on smoking prevention and control that prohibits the manufacture, distribution, import, export and transport of vaping products in and out of the region.

    The law provides for penalties of MOP4,000 ($500) for individuals, with a fine of between MOP20,000 and MOP200,000 for companies.

    Although the proposal was unanimously approved, during the debate in the Legislative Assembly, several members said that the government should go further, and impose a total ban on e-cigarettes, reports Macau Business.

    Leong Sun Lok expressed concern that the new legislation might increase the smuggling or sale of e-cigarettes through the Internet or lead to an increase in the number of conventional cigarette users.

    The Macau Special Administrative Region of the People’s Republic of China’s secretary for social affairs and culture confirmed that they are considering a later ban on e-cigarettes after giving “some time” to smokers who may “still have some in stock.”

    Elsie Ao Ieong U also promised to review, within three years, the tax on all tobacco products, which in Macau is around 60 percent of the final price.

    Ron Lam U Tou advocated increasing the tax, noting that the World Health Organisation (WHO) recommends a value of 75 percent.

    The only Portuguese member in the parliament, José Pereira Coutinho, warned that the legislative revision could harm tourists who are only “passing through,” namely to mainland China, where e-cigarettes are allowed.

    The legislative amendment will come into force three months after it is published in the Official Bulletin of the Chinese special administrative region.

    The sale, advertising and promotion of e-cigarettes have been prohibited in Macau since 2018.

    The government justified the changes to the law with “the strong evidence that this type of tobacco product is harmful to health, and can endanger the safety of people,” recalling that the consumption of e-cigarettes has increased, especially among young people.

    The government stressed that e-cigarettes are banned in the neighboring region of Hong Kong and Singapore, and the Taiwanese parliament is also discussing a proposed ban.

  • Thai Health Minister Reiterates Opposition to Vaping

    Thai Health Minister Reiterates Opposition to Vaping

    Photo: samart boonprasongthan/EyeEm

    Thailand’s health ministry remains opposed to vaping, saying e-cigarettes are affecting the health of consumers of whom more than half are considered youth, reports Bangkok Post.

    Speaking at a national conference on cigarettes and public health in Bangkok on Aug. 29, Public Health Minister Anutin Charnvirakul stressed the need to continue banning e-cigarette imports to protect youth from the health risks associated with vaping.

    More than half of the about 80,000 vapers in Thailand are aged 15–24, according to a survey conducted by the National Statistics Office last year.

    “This clearly showed vaping has created new smokers, especially young people, while a growing number of international studies found smoking e-cigarettes has negative effects on young people’s brains,” said Charnvirakul.

    Pointing to “the experiences of other countries,” Charnvirakul said banning e-cigarettes was the most effective measure to control vaping.

    Concerns about illicit trade would be addressed by continued “crackdowns on e-cigarettes smuggled into the country,” he added.

    Charnvirakul comments follow discussions about making vapor products legal in Thailand. Earlier this year, the Digital Economy and Society Ministry set up a working group to see if electronic cigarettes could be legalized as an alternative for smokers.

  • Hookah, Cannabis Holding up Nashville’s Vape Ban in Bars

    Hookah, Cannabis Holding up Nashville’s Vape Ban in Bars

    Credit: Aleksandr Kondratov

    A Metro Council proposal in Nasheville, Tennessee that would ban vaping and smoking, even in 21-and-up bars, makes an exception for cigar bars. But hookah lounges and a new cannabis restaurant could be forced to change their businesses if the ordinance passes.

    Anyone who works at or patronizes Alladin’s Hookah Lounge & Bar on Elliston Place in Nashville knows they will be surrounded by tobacco smoke. Bar manager Amy Abrecht says communal smoking is the whole point, according to WLPN.

    Members of the Metro Council acknowledged in a hearing this month that hookah bars were an oversight. Sponsor Jeff Syracuse also said a new cannabis restaurant called Buds & Brews that offers vaping as part of the experience raised concerns.

    “I don’t want to drive out of business new businesses that weren’t expecting this,” Councilmember Freddie O’Connell said at the meeting Aug. 16, when the ordinance was deferred to Sept. 20. “I don’t want to have this conflict emerge that we can’t work around.”

    The problem is the Metro Council can’t simply amend the proposed ordinance. The city had to get legislation passed at the state level to be granted authority to ban smoking in 21-and-up bars. So adding an exception beyond cigar bars will take an act of the General Assembly too, which isn’t scheduled to meet again until next year.

  • Gripum Denied MDO Petition for Review by Appeals Court

    Gripum Denied MDO Petition for Review by Appeals Court

    Seventh Circuit Court of Appeals

    A U.S. appeals court denied a petition to review the Food and Drug Administration’s marketing denial order (MDO) to Illinois-based e-liquid manufacturer Gripum, reports Vaping360.

    Gripum submitted premarket tobacco product applications (PMTAs) in September 2020 for about 200 bottled e-liquid products in nontobacco flavors. The company received an MDO on Sept. 8, 2021. Gripum filed a petition for review on Oct. 8 and was granted a stay of FDA enforcement in November 2021. The company participated in oral arguments before the court on April 20.

    Gripum argued that the MDO was unfairly issued because Congress and the FDA did not establish any “ascertainable standards” to determine if the company’s products are “appropriate for the protection of public health.” The company also said that the agency changed the evidentiary standard for a successful PMTA after the application deadline had passed and that the agency failed to conduct individualized PMTA reviews as required by the Tobacco Control Act.

    The 7th Circuit Court of Appeals rejected all of Gripum’s arguments, finding that the FDA’s approach to resolving the application was both reasoned and consistent with the Tobacco Control Act.

    Gripum’s defeat follows a successful MDO challenge by six vapor companies. On Aug. 23, the U.S. Court of Appeals for the 11th Circuit granted petitions for review filed by Bidi Vapor, Diamond Vapor and four other companies challenging the FDA’s rejection of their e-cigarette applications.

  • US Poll Shows Marijuana Use Tops Tobacco for First Time

    US Poll Shows Marijuana Use Tops Tobacco for First Time

    Credit: Martijn Baudoin

    A landmark poll in the U.S. has shown that marijuana use is greater than tobacco for the first time. The recently released Gallup poll showed that 16 percent of Americans said they smoked marijuana, compared to 11 percent who had smoked tobacco in the past week.

    For comparison, a Gallup poll from the year 1969 showed that at that time, just four percent of Americans admitted they had even tried marijuana – compared to 48 percent today. But polling data from that same year revealed 40 percent of Americans had smoked tobacco cigarettes in the past week – and that number was the lowest recorded by Gallup on that issue between 1944 and 1972.

    Marjiuana and tobacco usage trends have been going in opposite directions for a few decades now. By 1985, nearly as many Americans said they had tried marijuana (33 percent) as had smoked a cigarette in the past week (35 percent), according to News9.

    Cigarette smoking has been declining ever since. By 2013, just 19 percent of Americans were smoking cigarettes at least once a week. The trend toward more marijuana smokers is driven by young people.

    The National Institutes of Health reported last week that more young adults used marijuana in 2021 than in any year prior. Nearly a third (30 percent) of adult respondents under the age of 35 admitted to Gallup this year that they smoke marijuana. That’s significantly higher than those aged 35-54 (16 percent) or 55-plus (seven percent).

    And just eight percent of adults under 35 are smoking cigarettes at least once a week. Slightly more adults aged 35-54 (10 percent) or 55-plus (14 percent) said they had.

    The higher rates of marijuana smoking come with major political implications. A record high percentage of Americans (over two-thirds, per Gallup) say they favor legalization of recreational marijuana.

  • Altria Investor Settlement Over Juul Denied by Judge

    Altria Investor Settlement Over Juul Denied by Judge

    Photo: steheap

    A U.S. federal judge declined to give preliminary approval to a proposed $117 million settlement between Altria Group and shareholders in a lawsuit over the company’s investment in Juul Labs, calling the deal “inadequate,” reports Law360.

    The lawsuit contends that Altria’s executives threw caution to the wind when they bought a 35 percent stake in Juul for $12.8 billion in 2018.

    According to the shareholders, the Altria executives also engaged in illegal and anti-competitive conduct that cost Altria billions of dollars as Juul faced an increasing number of legal battles over the alleged health risks of its products and alleged marketing to underage consumers—problems that the plaintiffs say Altria knew about at the time of the investment but ignored.

    The value of Altria’s investment has declined steadily as Juul Labs faced litigation and increased regulatory scrutiny.

    The plaintiffs argued for approval of the settlement, saying the recovery is fair and reasonable when weighed against the costs and risks of further litigation. U.S. District Judge David J. Novak did not explain why he considered the settlement inadequate.

  • Record Levels of Vaping Reported in Great Britain

    Record Levels of Vaping Reported in Great Britain

    Credit: IR Stone

    A new report from Action on Smoking and Health (ASH) has found that vaping has reached record levels in Great Britain with an estimated 4.3 million people being active vapers.

    The data, shared exclusively with the PA news agency, suggests that 8.3 percent of adults in England, Wales and Scotland vape, according to the Glasgow Evening Times.

    Ten years ago the number was 1.7 percent (an estimated 800,000 people).

    ASH stated that a “vaping revolution” has taken place over the last decade. Of the 4.3 million current vapers, around 2.4 million are ex-smokers, 1.5 million are current smokers and 350,000 have never smoked a cigarette, according to the report.

    The figures also show that the proportion of current e-cigarette users who have never smoked has increased from 4.9 percent last year to 8.1 percent this year. In 2022, 35 percent of current vapers also smoked, according to the report.

    The report, based on a YouGov survey of more than 13,000 adults from across Great Britain, found that 28 percent of current smokers had never tried an e-cigarette, with 10 percent of this group saying they were “concerned e-cigarettes are not safe enough.”

    A third of adults said they believe that vaping is more, or equally as harmful, as smoking. One in five former smokers said they used a vape to help them quit. However, more than half (56 percent) of current vapers who are ex-smokers said they had been vaping for more than three years.

    Vapers reported that the main reason they used e-cigarettes were for quitting smoking, to prevent them from returning to smoking and 14 percent said they used vapes “because they enjoy it.”

    Most vapers reported using refillable tank systems but the report points to a rise in disposable e-cigarettes – up from 2.3 percent of vapers using these in 2021 to 15 percent this year. The authors suggested that younger adults are driving the increase in the disposable vapes, with 48 percent of 18 to 24-year-old vapers use a disposable device.

    “Over the last decade we’ve seen a vaping revolution take hold,” said Hazel Cheeseman, deputy chief executive of ASH. “There are now five times as many vapers as there were in 2012, with millions having used them as part of a quit attempt.

    “However, they haven’t worked for everyone. Just under half of smokers who have tried them have stopped using them and 28 percent have never tried one at all. Government has said that a ‘vaping revolution’ will help them meet their ambition for a smoke-free country by 2030 but it won’t be enough – we need a comprehensive plan that will help all smokers.”

    Earlier this year a separate report from ASH concluded that the proportion of children vaping is on the rise, with many being influenced by social media sites such as TikTok. While it is illegal to sell vapes to under-18s, the proportion of children aged 11 to 17 currently vaping has jumped from 4 percent in 2020 to 7 percent in 2022.

    Ash started its annual survey, Smokefree GB, in 2010.

  • Study Finds Flavor Bans Failed to Reduce Youth Vaping

    Study Finds Flavor Bans Failed to Reduce Youth Vaping

    Credit: Steheap

    A recently accepted manuscript of an article set for publication in Nicotine & Tobacco Research found that flavored vaping and other tobacco sales restrictions in California did not affect youth e-cigarette use.

    Karl Abramson, writing for American for Tax Reform (ATR), says that the findings are prominent because proponents of flavor bans claim that flavored vaping products are the cause of youth vaping, and therefore must be banned.

    Researchers analyzed data from the California Healthy Kids Survey to look at e-cigarette use among high-school students in the California Bay Area.

    They compared changes in e-cigarette use between 2018 and 2019 among students attending school in a city with a flavored e-cigarette ban and student attending school in a city without a flavor ban.

    The researchers concluded that flavored vape bans “did not significantly change” the odds of current and ever e-cigarette use among students. 

    Local flavor bans in California “were not associated with a change” in e-cigarette use, meaning that the policies that were intended to decrease youth vaping did not accomplish that goal.

    “Flavored vape bans are proven to have drastically negative consequences for public health, state finances, and national security,” writes Abramson. According to a study from Yale University researcher Abigail Friedman, a flavor ban in San Francisco led to chances of youth smoking more than doubling.

    “Because flavors are essential for adults trying to quit smoking, flavor bans prevent adults from making the lifesaving switch,” he stated. “State finances are impacted by flavor bans as well, like in Massachusetts where a ban on flavored vaping and tobacco products is costing the state an estimated $10 million each month.

    “Flavor bans prevent these lives from being saved and are shown to have no impact on youth use. Flavor prohibition is entirely the wrong approach for lawmakers to take with novel reduced-risk nicotine products.”

  • Tempe, Arizona Considering Flavored Vaping Ban

    Tempe, Arizona Considering Flavored Vaping Ban

    Credit: Ongala

    If a new ordinance in Tempe, Arizona is approved, it would ban businesses from selling flavored vape products in city limits.

    Those in favor of the move told the media that they want to cut down on the number of young people vaping or smoking, according to ABC15 news.

    However, local businesses said they don’t sell to anyone underage. “We won’t sell to kids, we won’t sell to anyone without an ID,” said Ted Kaercher, owner of HQ Smoke and Vape in Tempe.

    Kaercher said he’s been open for about 30 years and is against the banning of flavored products. “They will be legal to possess and consume here in Tempe, it’ll just force me to not carry those products,” he said.

    According to Kaercher, a ban would force adults to drive to other parts of the Valley to buy flavored products.

    Rex Williamson, a vape distributor in Tempe, agreed. “All vape stores card people, this is our livelihood,” he said. “It’s not making a dent in anybody’s bottom line, and nobody is willing to risk their business to try to sale to underage people.”

    In Tempe, part of creating a new ordinance includes reaching out to the public. According to city documents, the proposal would ban “selling or offering for sale any flavored tobacco product with delivers aerosolized or vaporized nicotine through the use of an electronic cigarette.”

    The city said it’s working on scheduling dates to discuss the potential ban but those dates have not been finalized.