Tag: news

ITC Bans All Imports of Illicit Juul-Compatible Pods
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The U.S. International Trade Commission (ITC) has issued a general exclusion order that bans the importation of any unauthorized cartridges compatible with the Juul vaping system that infringe Juul Labs’ patented product designs, including compatible flavored pods and refillable pods.
This ruling follows a filing by Juul Labs submitted to the ITC on July 10, 2020, that sought a general exclusion order directed at all importers of unauthorized cartridges that copy Juul Labs’ patented pod designs without authorization.
“Today’s ITC ruling represents a major victory against manufacturers of illicit vapor products who seek to bypass regulations and undermine efforts to create a more responsible marketplace for the category,” said Wayne Sobon, vice president, intellectual property at Juul Labs, in a statement.
“In addition to targeting the importation of all infringing products, regardless of the brand, this sweeping action will provide the additional public benefit of helping rid the market of unauthorized Juul-compatible products that can be modified by the user, such as empty and refillable pods.”
February 22, 2022
Nebraska Bill Would Ban Local Vape Ordinances
A new bill introduced in Nebraska would limit localities in how they regulate electronic smoking devices under a bill heard Feb. 17 by the state senate’s Health and Human Services Committee. LB954, introduced by Omaha Sen. Justin Wayne, would prohibit counties and municipalities from adopting ordinances or resolutions regarding electronic smoking devices that are more restrictive than the provisions of the Nebraska Clean Indoor Air Act.
This would include banning certain smoking devices or flavors, according to state’s legislative website. Wayne said the bill would prevent a “patchwork” of vaping regulations across the state. “It would make it easier for the industry to provide their services to their customers,” he said.
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Sarah Linden, president of the Nebraska Vape Venders Association, testified in support of the bill. She said the Nebraska Clean Indoor Air Act allows vape shop customers to sample products, but Lincoln and Grand Island have ordinances banning indoor vaping in all circumstances.
LB954 would standardize the law across the state and enable customers to try out various products before they purchase them. “There’s nothing worse than buying something and deciding you don’t like it once you get home,” Linden said.
Dave Watts, president of the Nebraska Medical Association, spoke in opposition to the bill. He said state law should apply equally to vaping and cigarettes. “Vaping devices don’t simply emit harmless water vapor … heating the substances in the chamber of a vaping device creates an aerosol,” Watts said. “Unlike water vapor, that aerosol contains nicotine — ultra-fine particles that can worsen asthma — and toxins that are known to cause cancer.”
Maggie Ballard of Heartland Family Service also testified in opposition to LB954. She said nicotine is a “pilot light” for other addictions and that individuals with substance abuse disorders are better off without it. “Community members want to see less vaping, not more,” Ballard said.
Also in opposition was Lash Chaffin of the League of Nebraska Municipalities. He said the bill would take away a municipality’s ability to regulate vaping as it sees fit. The committee took no immediate action on LB954.
February 20, 2022
Doctor Says EVALI is Often Used in Wrong Context
E-cigarette and vaping-associated lung injury (EVALI) is a term that is coming up more often in countries like Malaysia that are just beginning the journey towards regulating next-generation tobacco products.
Dr. Kumar Subaramaniam, based in Malaysia, says he finds the increased usage of the term EVALI worrisome, as it is often discussed in the wrong context, according to the New Strait Times. Kumar said that the issue lies with certain parties, who bring up EVALI at the mention of vaping, while repeating and spreading mistruths about vaping.
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When the U.S. Centers for Disease Control and Prevention (CDC) identified the real culprit behind the EVALI outbreak, the presence of vitamin E acetate that was added into illegal tetrahydrocannabinol (THC) products, Kumar said the CDC’s slow reaction to announcing the cause caused the mishap that left a bad reputation on vaping, which was touted to give many smokers a chance to quit smoking tobacco products for good.
“So, it was not vaping that was the problem, rather the misuse and abuse of the products. But the damage has been done and the half-baked truths surrounding EVALI live on to this day,” he says. “The EVALI saga should not be used as a ‘boogeyman’ to dissuade us from seeking to regulate vaping and adopt a ‘zero-tolerance’ attitude. In fact, the EVALI saga in the U.S. shows above all the importance of regulations.”
Kumar believes that Malaysia needs to regulate vaping for the safety of its users. Regulations will allow the authorities and consumers themselves to be sure that the e-liquids in the market meet regulatory standards.
Perhaps regulations will pave the way for a greater understanding of how vaping, which is scientifically proven to be a less harmful alternative to smoking, can help the estimated five million smokers in the country kick the habit, he says. “If we are to move forward in this country and put an end to the menace that is smoking, we need to arm ourselves with good science, facts and data,” said Kumar. “
February 19, 2022
US Science Council Cries Foul on Cessation Study
A recent study that found that vaping doesn’t prevent smokers from relapsing to cigarettes has a major flaw, according to Cameron English, writing for the American Council on Science and Health. The results seem to undermine the efficacy of e-cigarettes as smoking-cessation tools—”until you take a closer look at the definition of relapse.”
At first glance, the study seems to undermine the case for e-cigarette use as a smoking cessation tool. But first glances, as we all know, rarely tell the whole story, according to English. A closer look at the paper indicates that its authors improperly assessed how smokers utilize e-cigarettes, thus generating results that don’t reflect reality.
The researchers analyzed data on 3,578 previous-year smokers who had recently attempted to quit and 1,323 recent former smokers from the Population Assessment of Tobacco and Health (PATH) Study between 2017-2019. Participants self-reported their use of e-cigarettes or other products to quit cigarettes. The researchers then investigated who among the study participants had abstained from smoking or any tobacco products in 2019.
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“The significance of this study is limited by the same flaw we found in an earlier paper by two of the same authors: relapse to tobacco use was measured by the question ‘In the past 12 months, have you smoked a cigarette/(used product), even one or two puffs/times?’ Using this metric, an individual who has almost entirely quit smoking, save for “even one or two puffs” of a cigarette, and someone who has gone back to smoking a pack a day would be counted as having relapsed,” English writes.
“This definition ignores the fact that many smokers gradually switch from combustible cigarettes to their electronic counterparts. This is known as ‘dual-use,’ and properly designed epidemiological studies (even those based on PATH data) and clinical trials try to account for this behavioral shift, correctly noting that replacing even some cigarette smoking with vaping is desirable because vaping is the far safer option.”
Additional high-quality research would be very helpful, but “preventing relapse” is an all but useless outcome, states English. “Unless the researchers evaluate how e-cigarettes are used in the real world, the only thing their next paper will confirm is that asking the wrong question inevitably leads to the wrong answer, he writes.

February 19, 2022
EU Parliament Endorses Vapor as Cessation Tool

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The EU Parliament has adopted, by a margin of 652 votes to 15, a report on Cancer prevention and Treatment that recognizes the potential contribution of vapor products to smoking cessation. The report notes that “electronic cigarettes could allow some smokers to progressively quit smoking.”
In adopting the report, the EU Parliament has become the world’s first elected chamber to endorse tobacco harm reduction, according to the Independent European Vape Association (IEVA).
“This is a landmark declaration by the European Parliament, which should go a long way to reassuring smokers of the health benefits that a switch to vaping can bring,” said IEVA President Dustin Dahlmann in a statement. “We now encourage the other EU institutions—and in particular, the European Commission—to take this on board and ensure that policy follows science, not the other way around.”
In addition to measures to reduce cancer incidence, the committee’s report places a special focus on the serious health effects of smoking.
The report also stresses the need for further research on vaping to be viewed in relative terms, given that tobacco smoking kills and vaping does not.
The final text of the report also includes a mention of further assessment of flavors “particularly attractive to minors and non-smokers” and a possible ban on them in the context of the review of the Tobacco Products Directive.
The IEVA says its crucial to avoid a flavor ban because the variety of flavors is one of the top reasons for adult smokers to switch to e-cigarettes and for vapers not to return to smoking.
“Research into the impact of flavor bans shows that many vapers return to smoking as a result [of a ban],” said Dahlmann. “This must be prevented. We agree that steps must be taken to curtail inappropriate marketing, while recognizing the crucial role flavors play in helping smokers quit.”

February 18, 2022
Trade Group: ‘Hasty’ Flavor Ban Study Has Major Flaw

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A recent study that found flavor ban-induced sales declines also reduced youth vaping is flawed, according to the Canadian Vaping Association (CVA).
A recent CDC Foundation analysis examining the change in vape product sales in Massachusetts, New York, Rhode Island and Washington after flavor bans found that statewide restrictions on nontobacco-flavored sales were associated with reductions of 25.01 percent to 31.26 percent in total unit sales compared with total sales in states without restrictions.
However, the “hasty” conclusion that the reduction in total sales has also reduced youth vaping prevalence “does not hold up,” according to the CVA, because the authors were unable to assess the age of purchasers.
Darryl Tempest
According to the CVA, the most common way for youth to access vaping products is through social sourcing. “Even if the age of the purchasers could be verified, a reduction in youth vaping could only be determined through additional studies,” the CVA wrote in press note.
“The problem with taking a micro view to regulation and forming policy based on individual studies is [that] the bigger picture is neglected,” said Darryl Tempest, government relations council to the CVA Board. “If we take this study at face value and assume the conclusion is accurate and less youth are vaping, on the surface it seems like this type of regulation is logical. Yet, we know from reviewing the full scope of evidence that flavor restrictions result in smoking-related illness and death.”
Massachusetts’ ban of flavored tobacco products is not the success its proponents make it out to be, according to Ulrik Boesen of the Tax Foundation.
A study published in JAMA Internal Medicine found that while the sale of flavored tobacco in Massachusetts decreased more than sales in the 27 control states in the wake of the state ban, the authors failed to consider the impact of cross-border trade.
According to Boesen, increased sales in neighboring New Hampshire and Rhode Island almost completely made up for the decrease in Massachusetts.
February 17, 2022
Irish Vape Group Defends Flavor Preferences of Adults
Ireland’s Oireachtas Health Committee yesterday heard testimony from three members of the Irish Vape Vendors Association (IVVA) as politicians continued scrutiny of the general scheme of the Public Health (Tobacco and Nicotine Inhaling Products) Bill. The three members of the IVVA, who all have ties to the vaping industry, argued that flavors should be retained as people seeking to give up smoking using vapor products “want to move away from the flavor of tobacco.”
Credit: Юлия Кравченко
Social Democrats TD Róisín Shortall asked the IVVA about a number of vape flavors that she said would be “particularly attractive to under 18s.” Addressing the committee, Shortall named a number of the flavors listed on their websites including Dr Frost Lemonade Fizz, Apple Berry Crumble and Purple Slush. “Surely there isn’t a demand for adults from those for those flavors, they very much sound like flavors that are designed to appeal to children,” she said. Shortall also said that some products are sold with “cartoon-like packaging” such as “Vampire Vape”.
In response, Joanna O’Connell of Vapourpal said their website “only stocks flavors that our adult customers request,” according to The Journal. “They’re not attracted by the packaging, they are attracted by the flavor. That specific flavor that you’re speaking of that’s on our website is one of the most popular fruit flavored e-liquids among adults,” she said.
O’Connell agreed that the packaging was “cartoon-like” and added that they have “been onto the manufacturer regarding that.” Shortall also sought clarity from the IVVA on online age verification for buying e-cigarette products online. One IVVA member said that there are no “foolproof” age verification systems for online e-cigarettes websites.
February 16, 2022
Robert Califf Confirmed, Returns as FDA Commissioner
He’s back. The U.S. Senate on Feb. 15 narrowly confirmed Robert Califf as commissioner of the U.S. Food and Drug Administration, reports The New York Times.
The vote was 50-to-46, with six Republicans crossing the aisle to support him while five senators who caucus with Democrats opposed him. One senator voted present.
Credit: Bill Clark/CQ Roll Call
A cardiologist who has served as the deputy commissioner of the FDA’s Office of Medical Products and Tobacco, as President Barack Obama’s FDA commissioner and as the head of medical strategy at Alphabet, Google’s parent company, Califf takes over the position from Janet Woodcock, the acting commissioner since President Joe Biden assumed office more than a year ago.
According to Vaping360, Califf has been generally antagonistic toward vaping as a consumer product. He was at the FDA helm in 2016 when the agency rolled out the Deeming Rule, which gave the FDA authority over e-cigarettes and other tobacco-free nicotine products.
Tellingly, the Campaign for Tobacco-Free Kids (CTFK) enthusiastically welcomed Califf’s appointment. “Dr. Califf is highly qualified and prepared on day one to address the enormous challenges facing the FDA, including the most significant decisions on tobacco in the agency’s history,” wrote CTFK President Matthew L. Myers in a statement.
Califf is expected to be sworn in this week. He faces a looming flurry of decisions, including reviews of premarket tobacco applications from leading e-cigarette companies, such as Juul Labs. He will also have to contend with litigation from vapor companies over marketing denial orders (MDOs).
After issuing MDOs to hundreds of manufacturers for hundreds of thousands flavored product, the agency has been challenged in court by more than 30 companies that claim their PMTAs were denied based on a standard that was not in place when the applications were submitted.
One of the new commissioner’s first tasks will be working with Health and Human Services Secretary Xavier Becerra to find a replacement for Center for Tobacco Products Director Mitch Zeller, who plans to retire in April.
February 16, 2022
FTC Complaint Against Altria’s Investment in Juul Dismissed

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A U.S. Administrative Law Judge has dismissed the Federal Trade Commission’s (FTC) claims against Altria and Juul Labs arising out of Altria’s 2018 minority investment in Juul. Following a three-week trial, the judge found that the evidence failed to sustain the alleged violations.
The judge’s decision is subject to review by the FTC. Any decision by the FTC may be appealed to any U.S. Court of Appeals.
“We are pleased with this decision and have said all along that our minority investment in JUUL does not harm competition and does not violate the antitrust laws,” said Murray Garnick, executive vice president and general counsel of Altria, in a statement
In April 2020, the FTC issued an administrative complaint against Altria and Juul alleging that Altria’s 35 percent investment in Juul and the associated agreements constitute an unreasonable restraint of trade in violation of Section 1 of the Sherman Antitrust Act of 1890 and Section 5 of the Federal Trade Commission Act of 1914, and substantially lessened competition in violation of Section 7 of the Clayton Antitrust Act.
A public version of the decision is expected to be made available late this month.
February 15, 2022
Irish Vape Group to Urge Health Officials Against Flavor Ban
Members of the Irish Vape Vendors Association (IVVA) will argue today that flavored nicotine vaping products should not be restricted in newly proposed tobacco control legislation.
The Joint Committee on Health is meeting with representatives from the IVVA for pre-legislative scrutiny of the general proposals included in the Public Health (Tobacco and Nicotine Inhaling Products) Bill.
The proposed legislation would prohibit the sale of vaping and tobacco and heat-not-burn (HnB) products to persons under the age of 18. It will also make it illegal for under-18s to sell such products, according to The Journal.
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The committee previously heard concerns from the Irish Heart Foundation that teen smoking rates are increasing for the first time in ten years due to an “explosion” of vaping among this age group.
“Research from the Health Research Board has found that teenagers who vape are up to five times more likely to take up smoking citing the gateway effect. We welcome the opportunity to discuss these and other related matters with representatives,” a committee member said.
A spokesperson for the IVVA argues that e-liquid flavors are of vital importance to adult vapers. The IVVA says it is “deeply concerned” by the negative effects a flavor ban could have on tobacco harm reduction and consumer choice.
“The main argument in favor of banning flavored e-liquids is the potential risk of making vaping products more attractive to minors with child-friendly flavorings & packaging. The association between vaping flavors and subsequent smoking initiation is not substantiated. Banning flavored e-liquids would also run counter to vape consumers’ interest. IVVA members observe daily that the choice of e-liquid flavors is one of the reasons that encourages an adult smoker make the switch to vaping.” the IVVA will tell the committee.
Ireland hopes to be tobacco-free by 2025.
February 15, 2022