A bill proposing to raise the legal age for vaping in Louisiana from 18 to 21 cleared its last hurdle in the Louisiana Legislature. The House gave final passage to House Bill 473 authored by state Rep. Buddy Mincey by a vote of 91-0.
Credit: Gustavo Frazao
The bill now heads to the desk of Gov. John Bel Edwards. It is unclear if Edwards will sign the bill into law or veto it, according to The Advertiser.
Mincey said he was asked by a high school administrator to bring the bill because of rampant vaping on the Denham Springs High School campus. “I really wasn’t sure I wanted to do it because a similar bill got killed in the House two years ago, but then I saw a survey showing kids are vaping 100 times a day,” Mincey said in an interview with USA Today Network. “The results made it really obvious we needed to do something.”
Mincey said all but 17 states have already raised the age to 21 to comply with federal law. The bill makes it illegal for people younger than 21 to buy or use the products. “Vaping has become so prevalent among young people; my concern is on the long-term health impacts,” Mincey said. “It’s clear what smoking does to your health, but we don’t know all of the long-term impacts of vaping.”
The German association for the e-cigarette trade VdeH has sharply criticized the passage by specialist committees in Parliament of a tobacco tax reform bill that calls for significant tax hikes on vapor products including nicotine-free variants.
The plans will not only boost the black market but also destroy numerous small and medium-sized businesses, according to VdeH.
“The mere fact that e-cigarette liquids are generally taxed more heavily than tobacco cigarettes and thus ignore the 95 percent lower potential for damage is insane health policy,” said VdeH managing director Michal Dobrajc in a German-language statement. Taxing nicotine-free products as well as cigarettes defies common sense, he added.
If you are serious about reducing the smoking rate, then you have to support the industry that is making a significant contribution to reducing it instead of destroying it.
Dobrajc said Germany should learn from the experience of other countries that were forced to lower their vapor taxes as vapers returned to smoking and anticipated revenues failed to materialize.
“The Tobacco Tax Modernization Act is a disaster in both health and economic terms,” said Dobrajc. “If you are serious about reducing the smoking rate, then you have to support the industry that is making a significant contribution to reducing it instead of destroying it.”
After six years of development, Poda Lifestyle and Wellness is ready to bring its revolutionary HnB product to the masses, according to company founder and CEO Ryan Selby. In a letter to shareholders, Selby detailed recent the company’s recent accomplishments and shared his plans.
Poda was founded in January 2015 with the vision of creating a superior heat-not-burn (HnB) product. The company set out to address a major pain-point in all HnB systems: cleaning. After six years of designing and perfecting the technology, it came up with a product that delivers a robust, flavorful and consistent user experience, according to Selby. “Poda is now essentially the only company in the world that can make a closed-ended HNB cigarette,” he says. Its Beyond Burn pods have been patented in more than 65 countries.
In addition, the company developed a heat-tolerant biodegradable material made from the cell walls of sustainably harvested plants. “This naturally derived and low-cost material allows us to produce our patented Beyond Burn Poda Pods not only incredibly efficiently, but also in an ethical and sustainable manner,” says Selby. Poda has filed for patent protection for the proprietary biodegradable plant cellulose materials used to make its closed-ended HNB cigarettes and the proprietary methods for manufacturing them.
The company’s tobacco-free Beyond Burn Poda Pods contain a proprietary blend of tea leaves and synthetic nicotine that delivers the satisfaction and sensory experience of ordinary smoking without the smoke and without the cleaning.
Recently, Poda executed a binding letter of intent with ESON with the intent of launching its products in China. Earlier this month, tobacco industry veteran Juan Manuel (“Jon”) Ruiz joined Poda’s strategic advisory board. A key top-level executive at Philip Morris International, Luiz was around during the time when PMI was internally developing its heat-not-burn products. “The experience and expertise that Jon brings from the fast-moving consumer goods market is of exceptional value to Poda,” said Selby.
We are now ready to scale our production capacities to virtually any production volume.
Less than two months ago, Poda listed its shares on the Canadian Securities Exchange and the Frankfurt Securities Exchange, and the company is currently waiting for final approval to have its shares listed on the OTCQB exchange in the U.S. Down the road, the company aims to “uplist” to the NASDAQ and other major global exchanges, according to Selby.
Meanwhile, Poda’s pilot manufacturing plant is fully operational and is turning out over 400,000 closed-ended HNB cigarette units per month. “We built this pilot facility to prove out each of our manufacturing technologies, and I am pleased to report that we are now ready to scale our production capacities to virtually any production volume,” said Selby.
Over the coming months, Poda will be aggressively pursuing distribution and white-labelling opportunities with carefully selected partners in strategic locations around the globe.
“As CEO, it is my responsibility to lead Poda towards our goal of becoming a major player in the global heat-not-burn market,” said Selby. “I know we have a fantastic product, but that on its own is not enough. We must make smart choices and take calculated risks to grow the company as quickly and sustainably as possible.”
BAT added more than 1.4 million noncombustible product consumers in the first quarter of 2021, to reach a total of 14.9 million, CEO Jack Bowles announced in a trading update.
“We are investing and building strong, fast growing international brands in each segment, rapidly accelerating our reach and consumer acquisition, thanks to our digitalization and our multi-category consumer-centric approach, supported by the right resources and products, and our agile organization,” said Bowles.
“Our portfolio of noncombustible products is tailored to meet the needs of adult consumers. We are growing New Categories at pace, encouraging more smokers to switch to scientifically substantiated reduced risk alternatives.”
The company’s New Category products are now sold in 74 markets across 53 countries. Its Vuse/Vype vapor devices have been gaining value share in all Top 5 markets. Vuse is even approaching global leadership in vapor, reaching 31.4 percent category value share in the Top 5 vapor markets year-to-date in April, according to Bowles.
We are growing New Categories at pace, encouraging more smokers to switch to scientifically substantiated reduced risk alternatives.
BAT’s Glo tobacco-heating product (THP) recorded positive volume share momentum in many markets, including Japan. The device achieved 16.2 percent category volume share in the Top 9 THP markets year-to-date in April.
According to Bowles, BAT has also been consolidating its international volume share leadership in Modern Oral, with strong Velo volume share growth in the U.S. The company’s category share of Modern Oral in the Top 5 markets reached 40.2 percent year to date in April
BAT’s combustibles segment was characterized by strong pricing and robust volume, the company said. Group value and volume share were both up 10 base points year to date, with full year industry volume expected to be down about 3 percent.
For 2021, BAT now anticipates constant currency revenue growth of above 5 percent, ahead of its 3-5 percent guidance.
22nd Century Group has announced new initiatives to strengthen and maximize revenue opportunities in its hemp/cannabis franchise. Included in these developments are strategic partnerships with two plant breeders in the northern and southern hemispheres, providing the company with year-round growing capabilities, close partnership activities with Aurora Cannabis, and the establishment of a newly created Canadian subsidiary.
“The addition of breeders who specialize in alkaloid-based plant cultivation to our network of strategic partnerships provides us with the competitive edge to commercialize our second-generation IP and technologies,” said James A. Mish, CEO of 22nd Century Group, in a statement. “As cannabis regulation evolves, we believe that companies able to control the traits and consistency of the plants will command a premium price and margin in the marketplace. 22nd Century is well positioned to capitalize on the tremendous potential in the global legal cannabis space by creating hemp/cannabis plants that have stable, specific cannabinoid levels at commercial scale for various end-use markets.
“As a matter of preparedness, earlier we announced a $40 million registered direct offering through Cowen and Company,” Mish continued. “Cowen is well-known as a pioneer in the cannabis institutional markets, and with this registered direct placement, 22nd Century is now squarely positioned in the mainstream of the cannabis equity space. Proceeds from this offering will be used as needed for future strategic growth opportunities as our hemp/cannabis market activity continues to increase. With the Special Equities Group as our financial advisor on this transaction to the company, we now have ample financial flexibility for this franchise as we advance our revenue-generating initiatives later this year.”
Incorporated in April 2021, 22nd Century’s Canadian subsidiary will serve as a base for the company’s expanded activities in tobacco, hemp/cannabis and its yet-to-be announced third franchise.
22nd Century Canada will also serve as a hub for expanded reduced nicotine tobacco activities in Canada, to include a possible future launch of VLN and the potential expansion of its reduced nicotine tobacco-growing programs.
The U.K. Vaping Industry Association (UKVIA) is asking members of parliament to champion the public health benefits of vaping as the Department of Health and Social Care looks to publish a new Tobacco Control Plan (TCP) later this year, to support the government’s Smokefree 2030 ambition
The U.K. House of Commons will debate the “Recommendations for the forthcoming Tobacco Control Plan” on June 10.
According to the UKVIA, the upcoming debate is a huge opportunity to refocus efforts in ensuring that England achieves its aim of becoming smokefree by 2030. The U.K. is estimated to have a smoking prevalence of 14.1 percent and the forthcoming Tobacco Control Plan is a chance to see this number decrease further, particularly in light of an uptake during the pandemic period, the association writes in template letter to local MPs.
The UKVIA letter urges MPs to make the following points during the debate:
The government must seize the opportunity presented by the U.K. having left the European Union. With the ongoing review of the Tobacco and Related Products Regulations (TRPR), and the forthcoming TCP, the government has the opportunity to diverge from EU law governing tobacco and nicotine policy to level up on health inequalities across the U.K. Independence allows for U.K. regulations to stay relevant, be easily adapted to changing consumer trends and any market and technological developments, with greater ease and less bureaucracy.
The government’s forthcoming TCP should be based on the significant and growing body of evidence showing vaping to be an effective alternative for smokers looking to quit and should cement the concept of harm reduction, placing the U.K. as the global leader in tobacco harm reduction. Vaping is twice as effective as other nicotine replacement therapies, such as gum and patches. Research from University College London has found that e-cigarettes, in one year alone, helped an additional 50,000-70,000 smokers in England quit. Despite the overwhelming and growing evidence in support of e-cigarettes, perceptions of harm from vaping among smokers are increasingly incorrect and out of line with the evidence. This is despite ONS data from Great Britain showing that over half of smokers want to quit.
Misinformation and misperceptions about the relative risk of e-cigarettes must be challenged at every opportunity. To do so, the government must work with industry leaders to develop a series of policies that can help the vaping industry communicate directly with existing adult smokers. It is suggested that approved health claims and switching messages, alongside nicotine health warnings, should be available to vape manufacturers and retailers, to communicate the facts about vaping. Such claims and messages could be used on both device and e-liquid packaging, as well as on posters and leaflets. Similar proposals have been made by the governments of New Zealand and Canada.
In light of the University of East Anglia’s study to trial e-cigarettes in NHS A&E departments, greater support is also needed for medical practitioners. The new TCP should support medical professionals by ensuring that clinicians are signposted to the latest clinical evidence on e-cigarettes and that local stop smoking clinics adopt a consistent approach to the advice given smokers looking to switch to less harmful alternatives and/or quit smoking combustible cigarettes.
“Whilst on one hand the current regulations and the existing TCP have allowed the vaping industry in the U.K. to flourish, on the other, they have hindered the ability of the vaping sector to promote vaping as an effective way of switching to a less harmful alternative, thereby preventing the government achieving the aims set out in the Tobacco Control Plan,” the UKVIA wrote. “Parliamentarians should therefore be advocating for fair and proportionate policies and regulations of e-cigarettes to help reduce inequalities and improve public health.
It’s over. After winding it’s way through the court system for nearly two years, the Supreme Court of the United States (SCOTUS) has denied Big Time Vapes a request for a writ of certiorari.
Credit: Sean Pavone Photo
On August 19, 2019, Big Time Vapes and United States Vaping Association, an e-cigarette manufacturer and an e-cigarette trade association, filed suit in the U.S. District Court for the Southern District of Mississippi challenging the constitutionality of the U.S. Food and Drug Administration’s (FDA) authority over vaping products.
The original complaint was dismissed by the U.S. District Court in December 2019, and failed on appeal in the Fifth Circuit Court of Appeals last year. On June 25th, 2020, the Court of Appeals issued its opinion, finding that Congress’ delegation of authority to the Secretary of Health and Human Services to deem additional products subject to the Tobacco Control Act is not unconstitutional, upholding the district court’s decision.
The nation’s highest court referred the case back to a lower court. Since the court did not accept the petition, the lower court’s decision will stand. SCOTUS accepts 100-150 of the more than 7,000 cases that it is asked to review each year, according to its website. It’s is the first petition for a case involving e-cigarettes to be considered by SCOTUS.
The suit challenges the Tobacco Control Act, claiming that Congress unconstitutionally ceded its legislative authority to the FDA when it gave the agency the power to “deem” products as tobacco products that were not specified in the 2009 legislation.
The FDA argued the Tobacco Control Act is constitutional, however, as “Congress laid out intelligible principles with appropriate boundaries for FDA to apply.” The FDA has also cited the public health issues posed by e-cigarettes, particularly to children, in defending the its authority to regulate the industry.
The Altria Group antitrust trial continues this week over allegations made by the Federal Trade Commission (FTC) that company participated in anticompetitive practices ahead of its 2018 investment in e-cigarette startup Juul Labs.
Credit: Steheap
In opening remarks on Wednesday, the FTC argued that Altria pulled its vaping products off the U.S. market illegally at the insistence of Juul as the two companies were discussing a deal. Altria argued that its e-cigarettes were failures, and it jettisoned them amid regulatory pressure and an internal reckoning about the company’s inability to develop a vaping product that consumers liked, according to the Wall Street Journal.
If the FTC prevails, it could unwind Altria’s 35 percent interest in Juul Labs, which Altria bought in December 2018 for $12.8 billion. The agency is seeking to force Altria to divest its stake and terminate the companies’ noncompete agreement. The case is being heard by an administrative law judge, who will make an initial decision; the agency’s commissioners will then vote on the matter.
The FTC in April of last year sued to unwind the deal. The trial is taking place via teleconference at the agency’s office of administrative law judges. A key question at trial is why Altria, when it was in talks with Juul, stopped selling its own e-cigarettes. Altria’s explanations for exiting the e-cigarette market were pretexts, FTC attorney Stephen Rodger said in his opening remarks Wednesday. “But for the transaction, Altria would still be competing with [Juul] today.”
It is time to the end of the internecine warfare over vaping, according to Clifford Douglas, former vice president of Tobacco Control at the American Cancer Society and founder of the Center for Tobacco Control.
In a recently published commentary, Douglas writes that the U.S. tobacco control community is “letting down tens of millions of adult smokers, their families and friends, healthcare providers and government decisionmakers.”
“I refer to my community’s approach to dealing with electronic cigarettes,” Douglas writes. “We are now neck-deep in intractable internecine warfare between the mainstream tobacco control community, whose primary focus is on protecting youth from the dangers of vaping, and the tobacco harm reduction (THR) community, some of whose scientists are also committed participants in mainstream tobacco control efforts. The THR community emphasizes the potential benefits of vaping for adult smokers who cannot or will not quit smoking otherwise. It seems that ne’er the twain shall meet.”
There are ways to prevent youth use that won’t inflict harm on adult smokers.
Vapor advocates welcomed Douglas’ comments.
“The Canadian Vaping Association commends Douglas for trying to bridge the gap between tobacco control and vape advocates,” the CVA wrote in a press note. “In the end, we all have the same goal of a tobacco free society. The past practices of tobacco companies have caused distrust of the vape industry with regulators and the public. It is important to remember that this industry was created by smokers, for smokers. We don’t want youth vaping and have proposed many reasonable solutions. There are ways to prevent youth use that won’t inflict harm on adult smokers,” said Darryl Tempest, executive director of the CVA.
Douglas has also formerly served as a special counsel on tobacco issues in the U.S. House of Representatives, as a tobacco control policy advisor for the U.S. Assistant Secretary for Health and the U.S. Surgeon General, and as a lawyer representing injured smokers and state attorneys general in litigation against the tobacco industry.
The Independent European Vape Alliance (IEVA) has expressed concern about “the content and the tone” of the European Commission’s recent report on the application of the Tobacco Products Directive (TPD), which suggests that further restrictions on vapers might be proposed.
Credit: Yuri4u80
According to the IEVA, the effect of the Commission’s proposals would be to ban most vaping products on the market today.
“While the Commission is careful not to say it out loud, its proposals would effectively ban most vaping products available today,” the organization wrote in a press release. “It suggests revising all the unjustifiable limits the last TPD set downwards, removing most flavors and banning many of the devices commonly used today. Vapers in the EU would lose most of the products they use to stay away from cigarettes today. A flavor ban alone would, according to the Commission’s own figures, remove two thirds of today’s vaping market.”
The IEVA says the report fails to acknowledge the concept of harm reduction. “The report fails to acknowledge any of the evidence on the relative risks of vaping and smoking,” the IEVA wrote. “This is despite member state governments running campaigns trying to encourage smokers to switch to Vaping. Santé Publique France, for example, has launched an anti-smoking campaign called ‘Je choisis la vapotage’ (‘I choose vaping’) which makes clear that “you can use vaping products without taking short-term health risks”. The Commission must take account of best practice in the EU, not ignore it.”
Some of the report’s proposals on vaping, says the IEVA, could also lead to more young people smoking.
“Shortly after this report was published, Yale University released the first real world study on the effect of flavor bans on youth smoking prevalence,” the IEVA stated. “In the City of San Francisco flavored vaping products were banned in 2018. Since then, smoking has doubled among high school students in the area relative to trends in districts without the ban, even when adjusting for individual demographics and other tobacco policies. This study was funded by the U.S. Food and Drug Administration’s Center for Tobacco Products. There was no industry involvement in the study.”
The IEVA says the report insufficiently focuses on the real enemy of public health—smoking. “While the Commission does question whether the nicotine threshold for vaping products should be lower, it has brushed aside calls from members of the European Parliament to adapt the method for measuring tar, nicotine and carbon monoxide levels in cigarette smoke,” the IEVA wrote. “This combination of policies would ensure that cigarettes deliver far more nicotine—an addictive substance—than vaping products. While there have been no reported deaths in Europe caused by vaping TPD regulated products, smoking kills half of its regular users.”
