Tag: news

House to Vote on Budget Bill, Synthetic Nicotine Today
Update: At 2:56 pm the House went into recess, to presumably make amendments to the bill. Media outlets have reported it is to remove some Covid-19 related measures (30 states at risk of losing Covid relief funding previously promised). Currently, the vote on the omnibus appropriations bill is expected to occur this evening or late tonight.
It is possible that the omnibus appropriations bill vote is delayed. In case Congress does not complete work on the omnibus by the end of the week, the House is also expected to vote on a CR through March 15 today to allow time for Senate passage and signing by the President.
If the synthetic nicotine language remains in the bill, the rule will become law 30 days after the bill’s passage date. Manufacturers of currently marketed synthetic products would have an additional 60 days to file a premarket tobacco product application (PMTA) without being subject to FDA enforcement—unless the FDA has already denied a non-synthetic version of the same product (meaning those manufacturers would be subject to enforcement 30 days after the passage of the bill).
The U.S. House of Representatives is expected today to vote on an omnibus appropriations bill (page 1,870) that includes language that would give the U.S. Food and Drug Administration the power to regulate synthetic nicotine . Lawmakers have said some add-ons have already been agreed to, such as a package of health care provisions including Medicare program extensions and eliminating the synthetic nicotine loophole.
The House is planning to vote sometime today before going to Philadelphia for its annual issues conference. The bill must clear the Senate before stopgap funding expires at midnight Friday. GOP objections to a unanimous consent agreement to speed consideration in the Senate could delay final passage into the weekend, lawmakers warned, but both sides expect the process to be complete in time to avoid a partial government shutdown when federal agencies open Monday.
House Appropriations Chair Rosa DeLauro was adamant after a private House Democratic Caucus meeting Tuesday morning the omnibus would be ready for the House to pass on Wednesday, according to RollCall.
“It’s not going to get delayed. We’re going to vote tomorrow,” she said.
If the spending bill currently under consideration passes, the language of the Tobacco Control Act would change to define a tobacco product as “any product made or derived from tobacco, or containing nicotine from any source, that is intended for human consumption.”
Amanda Wheeler, president of American Vapor Manufacturers association, said the of banning synthetic products is going to drive millions back to combustible cigarettes.
“At a time when FDA is under scrutiny from multiple federal courts for unlawful regulatory overreach on nicotine, handing the agency even more powers to prevent Americans from switching to vaping is like handing car keys and a bottle opener to your drunk uncle,” she said. “It’s already lunatic that FDA is prohibiting adult American smokers from switching to vaping but this legislation is so absurd that it will extend FDA’s reach to products that have no actual, physical connection to tobacco whatsoever. This bill ought to be called the Cigarette Protection Act, because the indisputable outcome will be countless more Americans pushed away from nicotine vaping and back into combustible smoking.”
Amanda Wheeler
Yaël Ossowski, deputy director of the Consumer Choice Center, said the legislation will actively harm adults who want to quit smoking. He says that the method of “fattening up continuing resolution bills with laws that benefit special interests, without broader democratic debate or analysis of the costs and benefits,” is shameful in a modern American Republic.
“The byzantine process of asking permission to sell harm reducing vaping products in the 21st century is asinine in itself. But using sleight of hand during an emergency government funding bill to castigate millions of vapers and the entrepreneurs who make and sell the products they rely on is the definition of active harm,” said Ossowski. “Only the largest and most powerful vaping and tobacco companies can afford the lawyers and the time necessary to complete the paperwork necessary to pass the FDA’s process, meaning thousands of hard-working American business owners will now be forced to close, depriving millions of adult consumers of harm reducing options. Many will be forced back to cigarettes.
“Synthetic nicotine is an innovative method of providing nicotine independent of tobacco, and millions of American adults now use these products as a less harmful method of consuming nicotine. A back door bureaucratic power move like this represents a sledgehammer to the men and women of our country who have sought out vaping devices to kick their cigarette habit.”
Yaël Ossowski
Ossowski said he hopes elected representatives reject the synthetic nicotine inclusion and “go back to the drawing board” to offer a more permanent policy.
Congress has tried numerous times over the past year to give the FDA authority over synthetic products. The FDA said last year that synthetic nicotine could be considered a component of e-cigarettes, which would allow for the product to be regulated by the agency. Many states have already begun banning synthetic products.
Sens. Richard Burr, Dick Durbin and Patty Murray, along with Rep. Frank Pallone led the effort to get the language into the omnibus, according to two Senate sources familiar with the discussions. “This is an enormous win for public health and American consumers,” Pallone said in a statement. “I’m grateful to members on both sides of the aisle for working with me to close this loophole in the omnibus.”
March 9, 2022
Study: Number of Global Vapers up by 20% From 2020

Illustration: GSTHR
The number of vapers worldwide increased by 20 percent from 2020 to 2021, according to the latest research by the Global State of Tobacco Harm Reduction (GSTHR), a project from Knowledge Action Change. The organization estimates that there are now 82 million vapers worldwide.
The updated calculation was made possible by the release of a range of new data, including the 2021 Eurobarometer 506 survey, and is revealed in a new GSTHR briefing paper. The figure is based on 49 countries that have produced viable survey results on vaping prevalence.
To address the problem of missing data, the GSTHR used an established method of estimating vaper numbers in countries that currently have no information by assuming a similarity with countries in the same region and economic condition for which data points were available.
This estimate considers three factors—sales regulation status, World Health Organization regions and World Bank income groups—along with the Euromonitor data on vaping product market size from 2015 to 2021.

This [increase in vapers] is in spite of prohibitive policies in many countries who follow the World Health Organization’s anti-scientific stance against tobacco harm reduction, thanks to Michael Bloomberg’s billions and his personal zeal for a war on nicotine.”
Gerry Stimson, director, KAC
“As well as the substantial growth in the number of vapers globally, our research shows there has been rapid uptake of nicotine vaping products in some countries in Europe and in North America,” said Tomasz Jerzynski, data scientist at GSTHR. “This increase is particularly significant, because in most markets, these products have been available for only a decade.”
Indeed, the rise in the number of global vapers comes despite the GSTHR’s database showing nicotine vaping products are banned in 36 countries, including India, Japan, Egypt, Brazil and Turkey.
The new data also shows the U.S. is the largest market for vaping at $10.3 billion, followed by Western Europe ($6.6 billion), Asia-Pacific ($4.4 billion) and Eastern Europe ($1.6 billion).
“As this updated data from the Global State of Tobacco Harm Reduction shows, consumers find nicotine vaping products attractive and are switching to use them in increasing numbers worldwide,” said Gerry Stimson, director of KAC and emeritus professor at Imperial College London. “This is in spite of prohibitive policies in many countries who follow the World Health Organization’s anti-scientific stance against tobacco harm reduction, thanks to Michael Bloomberg’s billions and his personal zeal for a war on nicotine.”

March 9, 2022
Congress May Give FDA Power Over Synthetic Nicotine Soon
The regulation of synthetic nicotine has been a recent focus for many U.S. states. If a yet-to-be unveiled budget bill is passed, it is expected to include giving the U.S. Food and Drug Administration new powers to regulate synthetic nicotine, a lawmaker confirmed on Tuesday. The omnibus appropriation bill is slated to be passed in the next few days.
Language included in the omnibus spending package bill to fund the government through September would give the FDA the authority to regulate products that contain nicotine but aren’t derived from tobacco, such as synthetic nicotine, according to a document obtained by Bloomberg.
Congress has tried numerous times over the past year to give the FDA authority over synthetic products. The FDA said last year that synthetic nicotine could be considered a component of e-cigarettes, which would allow for the product to be regulated by the agency. Many states have already begun banning synthetic products.
Sens. Richard Burr, Dick Durbin and Patty Murray, along with Rep. Frank Pallone led the effort to get the language into the omnibus, according to two Senate sources familiar with the discussions. “This is an enormous win for public health and American consumers,” Pallone said in a statement. “I’m grateful to members on both sides of the aisle for working with me to close this loophole in the omnibus.”
The change will stop “bad actors attempting to evade FDA regulation and hook a new generation of young people into a lifetime of nicotine addiction,” Pallone said.
Public health groups have been warning that synthetic nicotine e-cigarettes such as Puff Bar have grown in popularity among teens while skirting FDA oversight. The FDA has authority to regulate natural tobacco products, but it’s unclear if that extends to lab-made nicotine.
More than a quarter of middle and high school e-cigarette users reported using Puff Bar as their usual brand, according to a survey from the Centers for Disease Control and Prevention. Puff Bar didn’t immediately respond to a request for comment.
The same survey found brands that use traditionally derived nicotine, such as those sold by Vuse, SMOK, and JUUL Labs Inc., are also popular among teens, even though people under age 21 can’t purchase them legally.
March 8, 2022
Illinois Bill Would Ban Flavored Vapes, Including THC
The flavor ban bill introduced in Illinois would also ban flavored THC vaping devices. Senate Bill 3854, introduced in January, is currently in committee. Any flavored flavored vaping product, including heat-not-burn systems and tobacco chew, would be banned.
Credit: Kurgu 128
The bill provides “that (1) “tobacco product” includes products containing tetrahydrocannabinol and products containing a mixture of tetrahydrocannabinol and nicotine, and (2) “tobacco retailer” includes dispensing organizations and dispensing organization agents, as those terms are defined in the Cannabis Regulation and Tax Act. Creates a presumption that a tobacco product, related tobacco product, alternative nicotine product, or solution or substance intended for use with electronic cigarettes is a banned product, solution, or substance intended for use with electronic cigarettes if it has or produces a characterizing flavor.”
A consumer advocacy group says the measure could do more harm than good. Elizabeth Hicks, U.S. Affairs analyst with the Consumer Choice Center, said enacting a flavor ban for vaping products will push adult consumers to switch back to smoking combustible tobacco at a time when smoking cigarettes has been trending down in Illinois, according to KPVI.
“About 12% of adults in 2020 reported smoking, however, if this bill passes, we can certainly expect that number to increase,” Hicks said. “This ultimately will lead to increases in smoking-related healthcare costs, which are already costing Illinois taxpayers over $1.9 billion annually,” Hicks said.
The state of Illinois passed two laws last year aimed at making it harder for minors to access vaping products. The first law (Senate Bill 512) prohibits the use of cartoon characters, video game characters, and popular children’s media from advertisements for e-cigarettes. It also makes it harder to buy vaping products online. Buyers will now have to use a credit card or check in the buyer’s name.
The second law (Senate Bill 555) amends the Substance Use Disorder Act to include vape shops. Adding vape shops allows the Illinois Department of Human Services to do compliance checks on the sale of e-cigarettes according to the minimum purchasing age of 21.
March 8, 2022
Bantam Vape Receives USPS E-Cig Shipping Exemption
E-liquid manufacturer Bantam Vape received an exemption from the United States Postal Service (USPS) that allows the company to ship its e-liquid products to select vape retailers and distributors throughout the United States.
Bantam is seeking marketing orders from FDA for its suite of e-liquid products. Credit: Bantam Vape
The postal service’s decision comes in response to Bantam’s application for a business purposes exception to the Prevent All Cigarette Trafficking (PACT) Act, which was amended by Congress on December 27, 2020, prohibiting the shipment of e-cigarettes and vapor products through USPS.
“Bantam’s ability to reengage USPS as a shipper of our high-quality, flavor-filled e-liquids allows us to more effectively serve our trusted retail and distribution partners,” said Bantam spokesperson Anthony Dillon. “Utilizing USPS as an alternative shipping channel provides our business-to-business customers with increased purchase order flexibility and decreased shipping timelines and costs.”
Bantam provided USPS with the necessary documentation to obtain its exception to the PACT Act prohibition against shipment of vapor products through USPS, according to a press release. This included submission of applicable state and federal permits and licenses for both Bantam and its customers named in the application.
“We thank USPS for processing our application in a timely manner and in helping us deliver alternatives to combustible cigarettes to our customers across the U.S.,” said Dillon. “As we continue to grow our brand’s customer base, Bantam is committed to adding retailers and distributors to the list of those we can ship to using USPS.”
March 7, 2022
Indiana Bill Would Lower E-cigarette Excise Taxes
An excise tax on vaping products was set to take effect on July 1 in Indiana. A recently passed bill in the state’s Legislature, however, could lower those taxes before the new law goes into effect.
Credit: Adobe Stock / Luzitanija
Both the Indiana House and Senate have approved the measure that would reduce the tax on closed-system vaping products, such as disposable e-cigarettes, from 25 percent of the wholesale price to 15 percent.
Senate Bill 382 is likely headed to a House-Senate conference committee for minor negotiations, but the bill’s author expects the Legislature to send the bill to the governor. “I don’t anticipate any [significant] change. They approved it in the House; we’ll probably just leave it where it is,” said author Sen. Travis Holdman, told the Indianapoli s Business Journal.
Some lawmakers believe the tax rate for closed-system vaping products was set erroneously high last year; the reduction would match the 15 percent tax rate on the retail price of open-system products, such as refillable vaping pods. Under SB382, that rate would remain unchanged.
The tax reduction is part of a broader bill filled with minor tax corrections requested by the Indiana Department of Revenue and Gov. Eric Holcomb’s administration. Indiana’s tax on vaping products was created in the biennial budget near the end of last year’s legislative session. Lawmakers rejected a long-debated 50-cents-per-pack increase in the state’s cigarette tax, and in lieu of that, created the vaping-products tax.
Holdman said he does not know if the governor is on board with the vaping tax reduction’s being added to the Department of Revenue cleanup bill. A spokesperson for Holcomb said the governor will “review every piece of legislation that comes across his desk to make the best determination for all Hoosiers,” but declined to answer further questions about the tax reduction.
March 7, 2022
Smoore and Relx Rank Among Top Patent Applicants

Photo: Smoore
Smoore and RELX were among the vaping business’ most prolific patent applicants in 2021, according to the Chinese Enterprise PCT International Patent Application Ranking. Smoore topped the list with 84 international patent applications under the Patent Cooperation Treaty (PCT), the company announced in a press release. RELX filed 74 international patent applications during the year.
Based on the number of PCT international patent applications in 2021, the ranking is published by IPRdaily, an intellectual property publication, and incoPat, a global patent database.
By Dec. 31, 2021, Smoore had more than 3,408 patent applications cumulatively, including 1,674 authorized patent applications. The company’s patent applications relate to atomization and other technologies. In January, the company launched the world’s thinnest ceramic coil vape pod solution. Equipped with a new generation of the Ultra-slim Bionic Film Ceramic Coil, FEELM Air features seven breakthroughs, including in reliability, flavor and interactive experience, according to Smoore.
To date, the company has hired 1,500 R&D experts from different scientific backgrounds and established 10 centers for cross-disciplinary research. Five additional centers are under construction.
The company says it’s committed to protecting its intellectual property. In October 2021, Smoore filed a complaint to the United States International Trade Commission against 38 American and Canadian enterprises and individuals for copying certain features of its oil-vaping cartridges and components technologies.
March 7, 2022
Excise Taxes Levied on Vaping Products in 30 States
Thirty U.S. states plus the District of Columbia began the new year on Jan. 1 with taxes on vaping products and e-cigarettes in place. In 2015, only three states and the District of Columbia imposed taxes on vaping products.
Credit: Splitov27
According to the Federation of Tax Administrators, the states without vape taxes as of February 2022 are: Alabama, Arizona, Arkansas, Florida, Hawaii, Idaho, Iowa, Michigan, Mississippi, Missouri, Montana, Nebraska, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, and Texas.
Bubba Lange, writing for Avalara, states Indiana doesn’t have a state vape excise tax as of this writing, but one will take effect on July 1 of this year. Alaska doesn’t have a statewide vape excise tax, but certain municipalities within the state collect a local tax, including Anchorage and Juneau.
“More states are likely to start collecting excise tax on vape products soon. Our last count had 12 additional states considering adding specific vape taxes,” Lange writes. “In addition, two states currently have local jurisdictions collecting additional excise taxes on vape products: Cook County and the city of Chicago in Illinois, and Montgomery County in Maryland.”
There are a lot of challenges in keeping up with excise taxes, states Lange. Most importantly, “you have to invoice your customer correctly to ensure you collect the right tax money.”
March 5, 2022
More States Set Sights on Synthetic Nicotine Sales
Georgia, Maryland and Mississippi legislators recently introduced bills in their respective states that would only allow the sale of vapor products that are authorized by or pending authorization from the U.S. Food and Drug Administration, according to a Filter article.
Credit: Billion Photos
The pieces of legislation would also establish directories to inventory authorized vapor products, which would eventually be made public. On the surface, these bills look like they are reiterating what the FDA is already doing through its premarket tobacco product application (PMTA) process, through which the FDA has denied millions of products. However, many have noted that the bills serve as a roundabout way to ban synthetic nicotine.
Many manufacturers have turned to synthetic nicotine as a way to continue selling their products since synthetic nicotine is not currently regulated.
“The elected officials sponsoring these bills may be under the mistaken impression that their proposals are only targeted at illicit and counterfeit dealers,” Greg Conley, president of the American Vaping Association, told Filter. “The reality is that these bills would shut down licensed small businesses that are operating in full compliance with federal, state and local laws.”
The Republican lawmakers who introduced the bills—Maryland State Senator JB Jennings, Georgia State Senator Jeff Mullis and Mississippi Representative Nick Bain—have all received campaign funds ranging from $500 to $4,800 from Juul Labs, according to Filter. Some feel that Juul and other large companies want to see synthetic nicotine (and competition) diminished.
“To preserve the harm reduction opportunity for adult smokers, Juul Labs supports a fully regulated, science-based marketplace,” a Juul spokesperson said. “Illegally marketed and illicit products and products designed to evade federal and state oversight undermine harm reduction and a responsible e-vapor category.”
March 4, 2022
Experts: Embracing THR Goals Reduces Smoking Rates

The Asia Harm Reduction Forum 2021 attended by the leading experts in technology, public health policy and science met to discuss the tobacco harm reduction (THR) strategies deployed in various countries, according to a press release from the Canadian Vaping Association.
“We have known the risks from smoking for many decades. We have known that it is the smoke, not the nicotine, that is responsible. We also know that we can deliver nicotine in ways that have minimal risk,” said David Sweanor, chair of the Center for Health Law, Policy and Ethics and an adjunct professor of law at the University of Ottawa. “As a result, Sweden’s rates of tobacco-related illness and death are by far the lowest that you can see in the European Union. Their smoking rates are now low enough that many people would call it a smoke-free society. When Norway allowed snus products to be more widely available, cigarette smoking fell by half in just 10 years. When Iceland allowed both vaping products and snus into the market, smoking fell by about 40 percent in just three years.”
For decades, Canada has tried to curb smoking through education and taxation with limited success. Reductions in smoking prevalence had generally slowed, with modest annual declines prior to more mainstream adoption of vaping by smokers. Vaping experienced peak adoption in 2019, which lead to a 7.5 percent decline in cigarette sales.
“Harm reduction is one of the four pillars of Canada’s drug and substances policy. Policy that makes vaping less appealing to smokers, like flavor restrictions and taxation, is out of step with this policy. In effect, Canada has embraced harm reduction in name but not substance,” said Darryl Tempest, Government Relations Council to the Canadian Vaping Association.
March 4, 2022