Tag: news

Rumors of U.K. Dropping Generational Tobacco Ban

Image: methaphum
The U.K. government may be backtracking on its plans to implement a generational tobacco ban, reports Tobacco Insider. According to the website, Britain may settle instead for raising the legal smoking age from 18 to 21.
Under the proposed legislation, children who turn 14 or younger in 2023 would never be able to legally purchase a cigarette. A public consultation on the plans closed Dec. 6.
Tobacco companies have reportedly been engaging heavily with lawmakers. Earlier this month, Philip Morris International held roundtable events with members of parliament as part of its efforts to ensure that heated-tobacco products are exempt from any future smoking ban.
BAT was reportedly also scheduled to hold a private event on the plans to phase out smoking.
Many libertarian Members of Parliament are said to dislike the idea of government limiting people’s choices.
In November, New Zealand and Malaysia scrapped plans for similar generational tobacco bans.
December 7, 2023
San Francisco Files Lawsuits Against 3 Vapor Makers

San Francisco City Hall (Credit: Alonso Reyes)
A new lawsuit filed by San Francisco City Attorney David Chiu’s office accuses three online retailers, The Finest E-Liquid, the Vape Society and DaSmokey, of illegally selling flavored vape products in the city.
According to a complaint filed at San Francisco Superior Court Tuesday, city investigators purchased products from the three sellers that included a container of “The Finest Vanilla Almond Custard e-liquid,” a disposable vape called “Flum Pebble 6000 Puff, Matcha flavor” and packages of “Apple Pearadise” and “Straw Melon Sour Belts” e-liquid, among others.
Moreover, the city alleges that the companies violated a state regulation, codified in California’s Stop Tobacco Access to Kids Enforcement (STAKE) Act, that requires online sellers to call the purchaser before shipping tobacco products and use certain language on the package—both safeguards intended to prevent minors from buying the products online.
“We are bringing our lawsuit to send a clear message to tobacco retailers that selling their products will not be tolerated in San Francisco,” Chiu said. “We’re bringing this lawsuit to protect the public, especially youth, from the health risks of tobacco products.”
Sales of flavored tobacco products have been banned in San Francisco since 2018, when voters approved Proposition E, which prohibited the sale of such products in response to the rising popularity of youth vaping.
In 2019, the Board of Supervisors unanimously passed a ban on the sales of most electronic cigarettes in the city over the protests of Juul Labs, which was then headquartered in San Francisco and a major producer of vapes.
That same year, Juul sponsored a ballot measure that would have reauthorized the sale of e-cigarettes—but it was overwhelmingly defeated.
Now, Chiu’s office believes that the three online sellers are flouting bans and regulations of e-cigarette products by continuing to ship flavored vaping supplies to buyers in San Francisco.
The alleged sales are happening despite broad restrictions on flavored vape products both locally and elsewhere, according to media reports. The websites gave no indication that the products could not be shipped to San Francisco and the products were shipped in short order to an address in the city, the complaint states.
December 7, 2023
Australia Extends Graphic Warnings to Vape Devices

Potential new graphic health warnings as envisioned by Australia’s Department of Health and Aged Care
Australia will extend the requirement for manufacturers to print graphic health warnings on tobacco products to e-cigarettes, according to reports by CityNews and News. Manufacturers have until April 1, 2024, to roll out “repulsive” new health warnings on cigarette and vape packets. Retailers will be given a further three months to update their stock as new warning labels are gradually rolled out.
On Dec. 7, the country’s federal parliament passed a law with measures to discourage smoking and vaping. Among other provisions, the legislation updates the health warnings on cigarette packages, standardizes the design and appearance of cigarette filters and applies tobacco advertising restrictions to vapor products.
Earlier, Australia had announced a ban on single-use vapes that will take effect at the start of 2024. Starting in March, it will also be illegal to import or supply vapes that don’t comply with standards from the medical regulator. Doctors and nurses would still be able to prescribe therapeutic vapes as a tool to help smokers quit.
Health Minister Mark Butler said the new smoking laws would save lives.
“Tobacco has caused immeasurable harm and cost us countless lives in this country,” he told parliament. “We can’t stand by and allow another generation of people to be lured into addiction and suffer the enormous health, economic and social consequences.”
About 20 percent of Australian 18-year-olds to 24-year-olds vape while about one in seven 14-year-olds to 17-year-olds use the product.
December 7, 2023
Study Finds Young Kiwis Support Generational Ban

Image: Nikolay
Most young New Zealanders support the law to progressively ban smoking, which was recently abandoned, reports RZN, citing the results of an international study.
The new coalition government plans to repeal changes to the Smokefree Environments and Regulated Products Act that would have barred the sale of cigarettes to anyone born after 2009, among other measures.
A Canadian-based international study shows 79 percent of New Zealanders aged 16 to 29 favored the ban.
A similar share supported a reduction in the number of shops which could sell tobacco, while 68 percent wanted manufacturers to have to take nicotine out of cigarettes.
The International Tobacco Control Policy Evaluation Project investigates attitudes to smoking across several countries. The most recent research was supposed to provide a baseline for New Zealand before the law came into effect.
“Our overseas colleagues are incredibly disappointed and devastated as we are because the tobacco research world has been really looking to New Zealand,” said co-author Jude Ball from Otago University.
By contrast, the Coalition of Asia Pacific Harm Reduction Advocates (CAPHRA) expressed its support for the decision to repeal the generational tobacco ban.
“CAPHRA applauds the government’s decision to prioritize harm reduction strategies,” said the group’s executive coordinator, Nancy Loucas. “We believe that vaping and other harm reduction tools can play a significant role in helping smokers quit, and we are pleased to see the government recognizing this.”
The organization said it also shares the government’s concerns about the potential for a black market to develop if the sale of tobacco is overly restricted.
“A regulated market is always preferable to an unregulated one, where product safety cannot be guaranteed,” Loucas added.

December 6, 2023
Michigan Bill Seeks to Ban Flavored Vaping Products
Credit: Spirit of America
The U.S. Food & Drug Administration has not yet officially banned flavors in vaping and other tobacco products. Now, states are working towards banning the controversial products themselves. Michigan is next on the list.
Last month, S.B. 649 was introduced in the Michigan Senate. The bill calls for the ban of the sales of flavored vaping and other tobacco products, defined as any product that has or is marketed as having a characterizing flavor other than tobacco.
The bill would ban the sale of products packaged in ways that “indicate, explicitly or implicitly, that the nicotine or tobacco product has characterizing flavor.”
That bill would not exempt flavored cigars, though it does carve out an exemption for flavored hookah tobacco intended for on-site consumption.
If passed, retailers caught violating the rule would be subject to the following fines:

First violation within 36 months: a fine of up to $1,500
Second violation within 36 months: a fine of $2,000 and a 30-day suspension of a license
Third violation within 36 months: a fine of $2,500 and a one-year suspension of a license
Fourth violation within 36 months: a fine of $3,000 and a revocation of a license
If the bill passes, a new fund would be created for compliance checks.
California and Massachusetts are the only two states with flavored tobacco bans.
According to a study by the New England Convenience Store and Energy Marketers Association, excise tax lost income in Massachusetts from selling fewer menthol cigarettes alone amounted to $62 million in the first six months of the ban. No specific figures were given for electronic nicotine delivery systems in the release.
December 6, 2023
FDA Files Civil Money Action Against 25 Retailers

Credit: FDA
The U.S. Food and Drug Administration announced it has filed civil money penalty (CMP) complaints against 25 brick-and-mortar and online retailers for selling unauthorized Elf Bar, EB Design and other e-cigarette products.
In a press note, the FDA stated that it had previously warned each retailer in the form of a warning letter to stop selling unauthorized tobacco products. During follow-up inspections, the agency observed the retailers had not corrected the violations, resulting in civil money penalty actions. 
The complaints seek the maximum civil money penalty of $19,192 for a single violation from each retailer. The retailers can pay the penalty, enter into a settlement agreement based on mitigation factors, request an extension of time to file an answer to the complaint, or file an answer and request a hearing.
Retailers that do not take action within 30 days after receiving the complaint risk a default order imposing the full penalty amount. 
Today’s actions bring the total number of CMPs filed against retailers for the sale of unauthorized e-cigarettes up to 67.
Previously, in September, and then again in November, FDA sought CMPs for similar amounts against 42 brick-and-mortar retailers across 18 states for the sale of unauthorized Elf Bar products. Today’s actions include retailers from 14 states and, for the first time, include cases against online retailers.
December 5, 2023
Ireland: Implementing New Vape Tax ‘Challenging’

Inside a local vape shop in Killarney, Ireland. (Credit: Timothy Donahue)
Ireland’s Finance Minister Michael McGrath has said introducing a new tax on vapes will be “challenging” to implement.
The country’s government intends to apply the levy on e-cigarettes as part of a public health response to vaping.
“A domestic tax will require significant IT, administrative, control, and compliance costs,” McGrath said.
The proposed tax on both vapes and e-cigarettes had first been flagged in Budget 2024 speeches when Mr McGrath cited the ongoing delays to EU directives on tobacco products, reports the Irish Examiner.
“While the implementation environment is challenging, it does not undermine the intention to apply a tax as one tool in the overall public health policy approach to e-cigarettes,” the finance minister said in response to a parliamentary question from Fianna Fáil TD Paul McAuliffe.
“Most excise taxes in Ireland are governed by EU legislation and this helps to reduce compliance and administrative costs,” McGrath said. “As e-cigarettes are not harmonized excisable products, the Revenue Commissioners will be unable to use existing movement controls and tax warehousing for tax collection purposes.”
McGrath confirmed that the e-liquid within vapes will be the primary component that is levied.
December 5, 2023
Study: Adult Vapers Rely on Flavors and Disposables
Photo: Atlas
New industry figures, collected by online vape retailers representing around 43 percent of the U.K. market, have revealed that significant numbers of older adults are users of disposable and flavored vapes, which are the focus of a government consultation to address the issue of youth vaping that will close on Dec. 6.
The industry warns that any moves to ban single use vapes and flavors, which have been key drivers in the decline of smoking to record low levels in the U.K. over the last two years, will have catastrophic consequences for the nation’s public health and will effectively end any chance of creating a smokefree generation in the near future.
The data collected from the last quarter sales by four of the country’s leading online retailers, representing nearly a quarter of the U.K. market, revealed that:
The most popular flavor category amongst middle-aged adults (35-44 and year olds) was “fruit” flavors, followed “treats and desserts”
Highest proportion of tobacco flavor use is in the over-55 age category
Menthol flavors and tobacco flavors are significantly less popular amongst middle-aged adults
The average age of adult disposable users is 39
The latest adult vaping statistics follow a survey conducted by One Poll earlier this year, which revealed that 83 percent of vapers said that flavors helped them quit smoking, with one in three saying that a ban on them would lead them back to conventional cigarettes, which would represent around 1.5 million former smokers.
Why should 4.5 million adults who have spent years trying to kick a habit that kills some 250 people a day, and have managed to do so through vaping, be at risk of having their lifeline taken away?”
John Dunne, director, UKVIA
“These statistics show what we in the industry already know—that the very flavors and single use vapes that are now under scrutiny by the government as it looks to tackle youth vaping are a lifeline for former adult smokers,” said Dan Marchant, co-owner of online retailer Vape Club, which contributed to the demographic sales data.
“The legitimate vaping industry completely recognizes the need to deal with youth vaping but it shouldn’t involve any wholesale bans, as this will affect the adults who depend on them. There is already a ban on vapes for under 18 year olds as it is illegal for retailers to sell devices to minors. That’s why the industry is calling for greater enforcement of the existing law, on-the-spot fines of up to £10,000 ($12,631) per offence and the introduction of a retail licensing scheme to weed out the rogue traders.”
“Why should 4.5 million adults who have spent years trying to kick a habit that kills some 250 people a day, and have managed to do so through vaping, be at risk of having their lifeline taken away?” asked UKVIA’s Director General John Dunne.
“If the government goes down the path of banning single use vapes and/or flavors a return to smoking amongst current vapers will be very much on the cards, bringing with it catastrophic consequences for the public health of the nation and wrecking any chances of the government’s smoke free ambition. The only winners from any potential bans on the vaping industry are the tobacco industry and illicit markets, something that no one in their right mind wants to see.”
December 5, 2023
France Takes First Steps to Ban Disposable Vapes

Credit: Stockbym
France is moving forward with a ban on disposable vaping products. The country’s National Assembly unanimously approved a bill to ban single-use electronic cigarettes because of the product’s environmental impact and tendency to be used by youth.
Lawmakers adopted the bill in a late-night vote on Monday by 104 in favor and zero against.
The bill, supported by the government, will now move to the Senate where it is expected to be adopted. It could go into effect by September 2024, reports ABC News.
This bill is part of a broader trend. The UK, Ireland, and Germany are considering similar measures.
New Zealand and Australia have already implemented restrictions, with the former mandating lower nicotine levels and restrictions on vape shop locations near schools.
December 5, 2023
DOJ Injunction Filed Against Vape Junkie for Illicit Vapes

Credit: Egokhan
The U.S. Department of Justice (DOJ) today filed a complaint for a permanent injunction against Jessica M. Fitzgerald and Michelle L. Allen doing business as Vape Junkie Ejuice (Vape Junkie Ejuice) for “manufacturing, selling, and distributing unauthorized e-cigarette” products.
The injunction was filed on behalf of the U.S. Food and Drug Administration.
The move represents the seventh time FDA has initiated injunction proceedings to enforce the Federal Food, Drug, and Cosmetic Act’s (FD&C Act) premarket tobacco product review requirements for new tobacco products.
The FDA previously warned Vape Junkie Ejuice that they were in violation of the FD&C Act’s premarket review requirements for new tobacco products by manufacturing, selling, and distributing new tobacco products without first obtaining marketing authorization from FDA, according to the FDA.
The agency’s warning noted that continued violations could lead to further action, including an injunction. However, Vape Junkie Ejuice continued to manufacture, sell, and distribute unauthorized e-cigarette products to consumers, according to the FDA.
“FDA has been abundantly clear that we will not stand by as bad actors choose to blatantly disregard the law, especially after being duly warned. This manufacturer continued to break the law, and that behavior has consequences.”
Brian King, director of the FDA’s Center for Tobacco Products (CTP)
DOJ institutes judicial enforcement actions under the FD&C Act in court. DOJ filed the injunction complaint on behalf of the FDA against Vape Junkie Ejuice in the Middle District of Florida, the manufacturer’s respective U.S. District Court.
If the injunction is handed down, it would require Vape Junkie Ejuice to stop manufacturing, selling, and distributing their e-liquids. The injunction would also require the manufacturer to obtain marketing authorization from the FDA before marketing such products.
“Today’s injunction action should be a clear reminder to all manufacturers: If you continue to sell illegal products, we are equipped to use the full force of the law. FDA is committed to working with federal partners, including the Department of Justice, to enforce the law.”
Ann Simoneau, director of CTP’s Office of Compliance and Enforcement.
Today’s action is part of the FDA’s comprehensive approach to enforcing the law, according to the agency. Within the past year, the FDA has acted against manufacturers, distributors, importers, and retailers of illegal e-cigarette products.
As of Nov. 2023, the FDA has issued approximately 640 warning letters to firms for manufacturing and/or distributing illegal e-cigarette products and devices, issued more than 400 warning letters to retailers for the sale of unauthorized e-cigarettes, filed civil money penalty complaints against 36 e-cigarette manufacturers and 42 retailers for manufacture and/or sale of unauthorized products.
December 4, 2023