Tag: news

WHO Details “Industry Attempts to Avoid Regulation”
Photo: Olrat
The World Health Organization has published a report detailing what it describes as attempts by manufacturers to avoid regulation of e-cigarettes and heated-tobacco products.
Titled “Litigation relevant to regulation of novel and emerging nicotine and tobacco products: comparison across jurisdictions,” the report offers governments examples of the legal arguments that the industry has used in attempts to minimize regulation as well as how courts have addressed those arguments.
The emergence of products such as heated-tobacco products (HTPs) and electronic nicotine-delivery systems (ENDS) and their market growth has raised questions about how they should be regulated and how that regulation might affect comprehensive tobacco control.
The WHO previously published its position on regulation of these products but has not addressed legal issues, such as how those regulations are being challenged in different jurisdictions. The new report and the accompanying case summaries close this gap and provide the facts, discussion of legal issues, arguments advanced and the reasoning of the courts.
The key messages highlighted in the publication are:
ENDS and HTP manufacturers attempt to avoid products being regulated so as to fall within regulatory or legislative gaps.
Manufacturers can be expected to deploy arguments concerning the relative risk of different product categories and the need for coherent regulation along a continuum of risk.
Not all courts are receptive to arguments about relative risk, either because regulations are justified by reference to absolute risk or because the concept of relative risk must be judged at the population level and taking into account factors beyond relative toxicity.
Technological advances employed for the manufacture of novel and emerging nicotine and tobacco products will raise questions of whether a product falls within the ambit of the national legislation of the country.
There are relatively few cases addressing misleading marketing of ENDS, or enforcing restrictions on advertising, promotion and sponsorship, but important cases have been decided, including on how social media posts may constitute advertising and on whether advertising of an HTP device also constitutes advertising of a tobacco product.
June 22, 2021
Kaival Brands Reports Second-Quarter Results
Kaival Brands Innovations Group reported revenue of $18.1 million for its fiscal second quarter, which ended April 30, 2021.
The company also received two significant Bidi Stick orders with a combined value of $41.6 million. According to Kaival Brands CEO Niraj Patel, these orders represent some of the largest individual orders since the company started business. “We believe [they] are indicative of our robust pipeline for the innovative Bidi Stick and our shift to large wholesalers and distributors versus smaller retailers,” he said in a statement.
“This shift in strategy also helps us remain an industry leader in our effort to continually exceed Prevent All Cigarette Trafficking (PACT) Act compliance requirements. The Bidi Stick experience is unrivalled as evidenced by our leading market share within the ENDS category,” said Patel.
While the potential contract values of additional national retailers are significantly higher than those of smaller retailers and wholesalers, the process to navigate these contracts is more onerous and time consuming, according to Kaival Brands. However, Patel believes such contracts are worth the investment because the company expects more large orders to follow.
Kaival Brands recently received approval to market and sell Bidi Vapor products in 11 countries. Despite Covid-19 related delays in building its international infrastructure, the company is confident it soon will be able to launch the Bidi Stick in the U.K. as well.
Kaival Brands is also enthusiastic regarding the opportunity for its Bidi Pouch, which has been developed without Swedish Match intellectual property.
June 22, 2021
Plaintiffs Sought in RLX Technology Class-Action Suit
Wolf Haldenstein Adler Freeman & Herz LLP are now seeking additional plaintiffs for a federal securities class action lawsuit that has been filed in the United States District Court for the Southern District of New York on behalf of investors that purchased RLX Technology Inc. The lawsuit was filed by Glancy Prongay & Murray LLP on behalf of investors.
The filed complaint alleges that the Registration Statement misrepresented and omitted, among other things, RLX’s exposure to China’s then-existing campaign to establish a national standard for e-cigarettes that would bring them into line with regular cigarette regulations, according to a press release.
“The truth was revealed when draft regulations were posted by the Ministry of Industry and Information Technology, before the market opened on March 22, 2021, eight weeks after RLX’s IPO, which confirmed e-cigarettes and new tobacco products would be regulated similar to traditional tobacco offerings,” the release states.
Following the news out of China, the price of RLX’s shares suffered an enormous decline. On March 22, 2021, RLX’s ADR closed at $10.15 per share, down nearly 48 percent from its previous close of $19.46 on March 19, 2021, the previous trading day.
June 21, 2021
Tennessee City to Ban Vaping on Most Public Properties
Getting caught smoking vaping in most Johnson City, Tennessee, public properties may soon face a $50 fine. On Thursday, city commissioners approved on first reading an ordinance banning the use of vapor and tobacco products in public parks, public playgrounds, public greenways and any public property accessible to youth.
Credit: Andre Ykr
Smoking is already prohibited in parks as a result of city policy, but because it’s not an ordinance, the restrictions are not comprehensively applied and can be difficult to enforce, according to the Johnson City Press.
Assistant City Manager Charlie Stahl said tobacco was originally prohibited in the park system because officials were receiving complaints about parents smoking in the bleachers at sporting events, which would disturb other spectators and their children.
A law passed by the Tennessee General Assembly this year gives local governments the authority to prohibit the use of tobacco products on public property by ordinance. Gov. Bill Lee signed the bill on May 27, and the law becomes effective on July 1.
If commissioners approve the changes on three readings, the ordinance would become effective after July 15.
June 21, 2021
Critics Lambast Canada’s Proposed Flavor Ban

Photo: Deyan
Health advocates and vapor industry groups criticized Canada’s proposal to ban all flavored vaping products except for tobacco, mint and menthol. Published June 19 in the Canada Gazette, the draft legislation was criticized for falling short by tobacco control advocates and for going too far by the Canadian Vaping Industry Association (CVA).
The CVA warned that if the flavor ban is implemented, it may push hundreds of thousands of consumers back to smoking or to the black market. “There is mounting evidence that flavors reduce cravings and increase smoking cessation success,” the organization wrote in a press note. “Research from Yale School of Public Health finds that smokers that quit using a flavored product are 2.5 times more likely to be successful.”
“We have repeatedly shared the science on vaping,” said Darryl Tempest, executive director of the CVA. “Regulators are aware of the important role flavors play in the adoption of vaping by smokers. A flavor ban will reduce the appeal of the product and will sentence many smokers to their death. There is sufficient data from regions with flavor bans to provide a clear understanding of the consequences. Flavor bans do little to protect youth and instead increase smoking rates and strengthen the black market.”

A flavor ban will reduce the appeal of the product and will sentence many smokers to their death.
Darryl Tempest, executive director, CVA
ASH Canada, by contrast, described the decision to exempt mint and menthol from the flavor ban as an unacceptable concession to the vaping industry.
“The proposed regulations will not adequately protect Canadian youth from flavored vaping products” said Les Hagen, executive director of ASH, in a statement. “Menthol is the second most popular flavor among youth vapers. A partial ban on flavored vaping products in the U.S. resulted in massive switching to menthol flavored products. We expect a similar result in Canada if these regulations are approved.”
“There is no scientific justification for exempting menthol vaping products,” says Flory Doucas, co-director and spokesperson for the Quebec Coalition for Tobacco Control. “Menthol is the second most popular flavor among youth, tied with mango. We know that flavors are one of the main factors that attract young people to vaping, causing all kinds of health risks in addition to being one of the most addictive substances on the planet.”
The health groups decried the influence of the vaping industry on the debate. The CVA has been the most active of all lobbies on Parliament Hill in May, wrote ASH, citing The Lobby Monitor.
Over 400,000 Canadian youth are using vaping products, according to Health Canada’s latest survey conducted in 2019.
Stakeholders can comment on Canada’s draft flavor regulations until Sept. 2, 2021.
Health Canada is also publishing new restrictions on the nicotine concentration in vapor products. These regulations set a maximum nicotine concentration of 20 mg per mL in vaping products to make them less appealing to youth. The regulations also prohibit the packaging and sale of vaping products if the nicotine concentration of the products exceeds this limit. Manufacturers must adhere to this limit by July 8, 2021; retailers may not sell products that exceed this limit after July 23, 2021.
June 21, 2021
Global Forum on Nicotine 2021 Focuses on Harm Reduction
The message from the 30 speakers who spoke during the Global Forum on Nicotine (GFN) 2021 in person or online was clear. Policymakers in public health and tobacco control need to listen to both the science on tobacco harm reduction and the experiences of consumers who are benefiting from it every day. Ideology must be set aside to prioritize progress towards the common goal of ending smoking.
Credit: 1StunningART
Experts at the GFN were discussing an approach called tobacco harm reduction, in which people who cannot quit nicotine are encouraged to switch from dangerous combustible or oral products to safer nicotine products including vapes (e-cigarettes), pasteurized snus, non-tobacco nicotine pouches and heated tobacco products.
Compared to continued smoking, all are significantly less harmful to health. Gerry Stimson, Emeritus Professor at Imperial College London and a founder of the GFN, said during the conference that much of what she has seen and heard during the event was encouraging.
“It feels as though we’re on the right trajectory. Consumers all over the world are becoming aware of the opportunities offered by safer nicotine products, and innovations in the market will, I believe, lead to the eventual obsolescence of combustible cigarettes,” she said. “The question is how to speed up the process and scale up, so that tobacco harm reduction reaches all smokers, everywhere, as quickly as possible.”
Multiple panel discussions took in subjects ranging from safer nicotine product regulation, tobacco harm reduction in low-to-middle-income countries (LMICs), and orthodoxy and dissent in science. Speakers’ pre-recorded presentations for the panel sessions will remain available online at the conference website.
Three keynotes were delivered to honor the memory of professor Michael Russell, psychiatrist, research scientist and pioneer in the study of tobacco dependence and the development of treatments to help smokers quit. Russell’s observation in the British Medical Journal in 1976 that “people smoke for nicotine, but they die from the tar” remains highly influential within the field.
Fiona Patten MP and Leader of the Reason Party, Australia, opened proceedings with the first Michael Russell Keynote with her speech. Jon Fell, a founder of investment company Ash Park and Dr. Derek Yach, an anti-smoking advocate for more than 30 years, is the president of the Foundation for a Smoke-Free World, gave the other two keynote speeches. They all centered on harm reduction.
“In Australia, governments have consistently stated that drug use must be treated as a health issue not a criminal one. But when it comes to nicotine, they are actively making criminals out of users,” Patton said. “And not all nicotine users. Just those who are trying to end their deadly relationship with combustible tobacco. Most political parties refuse to accept donations from big tobacco – yet they still protect it. For decades they ignored the science about the dangers of smoking, but today they argue that there is not enough science to sanction alternative nicotine products.”
GFN does not receive any sponsorship from manufacturers, distributors or retailers of nicotine products, including pharmaceutical, electronic cigarette and tobacco companies. However, the conference operates an open door policy. Consumers, policymakers, academics, scientists and public health experts participate alongside representatives from manufacturers and distributors of safer nicotine products. The event organizers believe that dialogue and strategic engagement of all stakeholders involved in tobacco and nicotine use, control and production is the only way to effect true, sustainable change – both to industry practices and the public health outcomes related to smoking.
June 20, 2021
Canada Planning to Ban Flavored Vapes by 2022
Canada said Friday it intends to ban most flavored vaping products in an effort to deter young people from consuming electronic cigarettes. According to the Canada Gazette, a weekly publication that outlines pending government regulatory orders (much like the Federal Register in the U.S.), the Liberal government said it would restrict e-cigarette flavors to tobacco, mint and menthol. Fruit flavors, like cherry, melon and mango, would be prohibited.
Credit: Toptop54
Restricting fruit-based flavors and the use of sweeteners as an ingredient are expected to make e-cigarettes less appealing to younger people, the government said, according to press release. Canadian data, as presented in the Gazette, indicated vaping rates among youth remain high. Further, over 60% of youth aged 15 years to 19 years used fruit-flavored e-cigarettes, versus 40% for those 20 and older who vape.
The government said Canada’s proposals would be among the strongest in the developed world in curbing vaping, and generally in line with Denmark’s rules on flavored vaping products. The government said stakeholders can submit thoughts on the rules until Sept. 2, although Ottawa is eyeing implementation starting in 2022.
In Canada Gazette, Part II that will be published on July 23, 2021, Health Canada is announcing the new Nicotine Concentration in Vaping Products Regulations (NCVPR), which set a maximum nicotine concentration of 20 mg/mL for vaping products marketed in Canada. They also prohibit the packaging and sale of vaping products if the nicotine concentration stated on the package exceeds 20 mg/mL.
The NCVPR prescribe a laboratory method, ISO 20714 E-liquid – Determination of nicotine, propylene glycol and glycerol in liquids used in electronic nicotine delivery devices – Gas chromatographic method, for determining the nicotine concentration of a vaping substance. Health Canada will use this method to determine compliance with the maximum nicotine concentration.
As well, the NCVPR amend the Vaping Products Labelling and Packaging Regulations, which until now allowed vaping products to contain up to 66 mg/mL of nicotine; this limit will now only apply to products intended for export. Vaping products authorized under the Food and Drugs Act (FDA) are not subject to these regulations.
The NCVPR goes into force on July 8, 2021. Retailers have until July 23, 2021 to comply with these Regulations.
Enforcement actions to address non-compliance may include issuing warning letters, seizures, and/or prosecutions. The penalties for not complying with the NCVPR are set out under Part VI of the Tobacco and Vaping Products Act.
Proposal to further restrict vaping product flavours
Flavored vaping products are highly appealing to youth. In Canada Gazette, Part I to be published on July 19, 2021, Health Canada is proposing measures that would:

further restrict the promotion of flavors to tobacco, mint, menthol or a combination of mint and menthol (mint/menthol), including through indications or illustrations on packaging;

prohibit all sugars and sweeteners as well as most flavoring ingredients, with limited exceptions to impart tobacco and mint/menthol flavors; and

prescribe sensory attributes standards to prevent a sensory perception other than one that is typical of tobacco or of mint/menthol.
Flavors other than tobacco, as well as sugars and sweeteners in vaping products, increase product appeal, decrease perception of harm and heighten intention to try or use vaping or tobacco products. Youth also tend to perceive flavored vaping products, such as fruit and candy, as less harmful to health than tobacco-flavored vaping products.
Health Canada is aware of the important role flavors can play in helping people who smoke transition from smoking. The proposed measures would leave some flavor options for adults who smoke and wish to transition, or have transitioned to vaping, which is a less harmful source of nicotine than cigarettes for those who switch completely to vaping.
June 20, 2021
Mixed Results from San Francisco Flavor Ban

Photo: Can Balcioglu
Sales of flavored tobacco products decreased significantly in the wake of San Francisco’s ban, but teenagers were also more likely to take up smoking relative to their peers in other cities, according to two separate studies.
In the summer of 2018, San Francisco residents voted overwhelmingly to ban the sale of flavored tobacco products, including nicotine vaping products and menthol cigarettes. By January 2019, when the prohibition took effect, almost every retailer in the city was immediately compliant.
A study from researchers at RTI International, Stanford University School of Medicine and the California Tobacco Control Program, published in Tobacco Control, measured changes in tobacco sales before and after San Francisco’s law prohibiting flavored tobacco products. The study found that sales of all flavored tobacco products—including menthol cigarettes and flavored e-cigarettes—were virtually eliminated in the city after implementation of the policy, with no evidence of widespread substitution of non-flavored products.
Sales of all flavored tobacco products decreased by 96 percent in San Francisco after implementation of the city law in early 2019. Total tobacco sales also significantly decreased over the same period, suggesting consumers did not broadly switch to unflavored tobacco products.
“A reduction in total tobacco sales in SF suggests there was not a one-to-one substitution of tobacco/unflavored products for flavored products,” the authors wrote.
However, a recent study published in JAMA Pediatrics, found that teenagers in the San Francisco’s high schools were more likely to take up smoking than teenagers in other U.S. school districts after the city’s flavor ban took effect. (San Francisco later became the first U.S. city to ban sale of all e-cigarettes, but the effects of that were not the subject of the study.)
Prior to the flavor ban, smoking rates in San Francisco paralleled many cities across the country, showing fewer teens using combustible cigarettes over time. After the city enacted its policy, the odds of smoking among its high school students, relative to trends in comparison school districts, more than doubled.
The findings come as other cities are acting against flavored tobacco products. On June 16, the Los Angeles City Council voted to end the sale of flavored tobacco products in the city. The measure covers flavored e-cigarettes, menthol cigarettes and flavored cigars but exempts certain hookah products.
In California alone more than 100 cities and counties that have cracked down on flavored tobacco products. In 2020 the state acted to end the sale of flavored tobacco products, but the law is on hold because of an effort to overturn it through a November 2022 referendum.
June 18, 2021
Loopholes Bury Connecticut Flavored E-Liquid Ban
A measure that would have banned flavored e-cigarettes in Connecticut died in the state Senate late Tuesday after its main advocate said the ban was “riddled with major loopholes,” leaving tens of thousands of children and teens unprotected.
Credit: Christopher Boswell
“The Connecticut Legislature is making it quite clear that it will sell out Connecticut’s kids to do the bidding of Juul and Altria instead,” Matthew Myers, president of the Washington-based Campaign for Tobacco-Free Kids, said in a written statement earlier Tuesday, according to The Telegraph.
Earlier this year, the legislature’s Public Health Committee passed a bill that would have banned all flavored tobacco products, including menthol cigarettes, but that bill was diluted. Then over the last few days, it was gutted further. In the General Assembly’s special session this week, the measure was added to the 857-page budget “implementer” that lawmakers adopt at the end of each spring session.
Rep. Jonathan Steinberg, co-chair of the public health committee, said earlier Tuesday he and fellow Democratic co-chair Sen. Mary Abrams were not consulted about the changes, and that he was first alerted to them by “one of the interested parties.”
June 17, 2021
Washington D.C. Flavor Ban Passes First Reading
Flavor ban bills have been a hot topic. The day before the Los Angeles City Council voted to draft a flavor ban bill, the District of Columbia Council voted to ban the sale of flavored vaping and tobacco products including menthol cigarettes.
Credit: JHVE Photo
The Council voted 9-3-1 during the Tuesday, June 15, legislative session. L.A. voted Wednesday. Bars and restaurants that offer hookah will be exempt from the ban in both cities. The bill still has to go through second reading and get the Mayor’s signature, and it is moving forward with many pieces of discussion left with the Council, according to localdvm.com.
The National Newspaper Publishers Association (NNPA), representing more than 200 African-American owned community newspapers from around the United States, have joined together with a group of Black and Hispanic law enforcement executives to oppose the Washington, DC City Council proposed ban on menthol cigarettes, calling the law racially discriminatory.
“Banning menthol is not going to make the demand for menthol products go away. We know this because illegal drugs are used by people in every community in every state across this country,” said Anthony Miranda, national chairperson, National Latino Officers Association, in an email. “When there is a high demand, an illegal market will fill the void, if a legal, regulated market does not. Bans and prohibitions don’t work. They actually create crime.”
Originally, the bill focused on e-cigarettes and vapes, and was created in an effort to keep teenagers and kids from becoming addicted to smoking. Councilmembers who proposed the bill said that is still the focus. Business owners who sell the flavored products are concerned over the impact the ban will have on their businesses.
The District’s Chief Financial Officer estimates the ban will cost the city $13.9 million over the next four years, but McCauley thinks it will be much more than that. McCauley noted the high tax already in place on menthol cigarettes has led to a drop in revenue, as neighboring states Maryland and Virginia have much cheaper prices. He also noted that many people buy and sell cigarettes on the street, which is unregulated.
Council Chair Phil Mendelson was one of the no votes for the bill. He said, “This is not the right approach, for us to be prohibiting, creating other problems, collateral problems by taking this approach, and I think there are other approaches that can promote public health.”
June 17, 2021