Tag: regulation

Georgia Bill to Prevent Youth Vaping Signed Into Law

Possession of a vaping device in the U.S. state of Georgia if under the age of 21 is now a criminal offense. Georgia Governor Brian Kemp signed the bill into law today.
Also, much like traditional tobacco products in the state, an excise tax will be placed on vaping products, which is expected to generate approximately $4.3 billion each year.
House Bill 375 passed overwhelmingly in both the Georgia House and Senate.
The new law will make it a misdemeanor if someone under the age of 21 is caught with a vaping device, punishable by a fine or community service. When a device is confiscated, it will become the property of the state and be destroyed.
July 22, 2020
Three Entities Ordered to End New York Online Vape Sales

Credit: Mike Valdivia
The New York Attorney General’s office has ordered three online vaping companies to end the online sale of vaping products to consumers in New York.
Cloud X Vapes, HQD Tech USA, and PodVapes, have been ordered to cease and desist illegally selling vaping products. All three companies were found selling products to minors, offering flavored nicotine vaping products, including cotton candy, pineapple mist, and green apple, according to an article on informnny.com.
“Candy and fruit flavored vaping products exist to reel teens into the dangerous habit of smoking, which is why New York banned them,” said Attorney General Lititia James. “It is shameful that these companies attempted to skirt the law through sneaky, illegal online sales. We will not hesitate to hold those who put our children at risk accountable for their unlawful actions.”
Recent legislation in New York prohibits the sale of any nicotine product to anyone under 21, the sale of flavored nicotine product as of May 18, and the sale of vaping products online and through mail order to New York consumers as of July 1 2020.
July 20, 2020
Iowa Raises Age to Purchase Vaping Products to 21

Credit: Erik Brolin
The governor of Iowa has signed a bill into law that raises the legal age to purchase vaping and other tobacco products to 21. The bill was passed by the Iowa Senate in March, but due to Covid-19, the Iowa House was delayed from taking up the bill until June.
“This law brings Iowa into alignment with the federal Tobacco 21 bill, which was signed into law in December 2019,” said Iowa Department of Public Health Tobacco Use Prevention and Control Division Director Jerilyn Oshel, in a story with wowt.com.
The release states that there are no exemptions or grandfather clauses to the Iowa or federal law. Under the law, it is illegal to supply or sell covered tobacco products to someone under the age of 21. It is also illegal for someone under the age of 21 to attempt to purchase or purchases the products.
July 9, 2020
Mississippi Bill to Raise Vaping Age to 21 Awaits Signature

If the governor signs the legislation, Mississippi will increased the age to 21 to buy vapor products and penalties will increase for selling to minors.
In addition to penalties for sellers, minors will face penalties for possessing and use of e-cigarettes and other vaping products. Senate Bill 2596 conforms Mississippi law to new federal law to purchase tobacco and vaping products, according to an article in the Clarion Ledger.
If signed into law, several changes will also occur. For anyone selling or providing alternative nicotine products, the penalty increases from $250 for a first offense up to $1,000 for a third and subsequent offense.The maximum penalty is currently a $100 fine for a third or subsequent offense.
The penalties triple if the alternative nicotine product contains any controlled substance prohibited by law, or any other substance that causes the recipient to require emergency medical care.
If a person under 21 found by a court in possession of a tobacco or alternative nicotine product, the penalty will be $100 fine and a maximum 15 hours of community services for a first offense. For a second offense, a $300 fine and up to 25 hours of community service, and for a third and subsequent offense, a $500 fine and up to 40 hours of community service.
In addition to fines and penalties, a business selling tobacco and vaping products to minors could face suspension up to revocation of permits to sell the products based on the number of violations in a 12 month period.
July 7, 2020
Chicago Flavor Ban Stalls in City Council Committee

Credit: Lance Anderson
A proposal to ban the sale of flavored e-cigarettes and other tobacco products in Chicago stalled in a City Council committee after running into an avalanche of opposition.
Owners of gas stations, convenience stores and tobacco stores — and trade groups representing them — showed up in force at the virtual meeting to accuse the City Council’s Committee on Health and Human Relations of “kicking them when they’re down,” according to an article in the Sun-Times.
They argued small businesses are fighting for survival after a double-whammy: first, the coronavirus pandemic; then, damage during civil unrest, which came when many were “woefully under-insured.”
The last thing they need is “legislative over-reach” that would cost them even more business, they said, noting that tobacco products account for 40% of revenue for a typical Chicago gas station — and that 52% of that tobacco revenue comes from flavored tobacco products.
“This is the equivalent to kicking this industry while they’re down. You not only lose out on flavored tobacco sales to adults. You lose a significant driver of other business. When people buy tobacco, they buy other things. So the business loses out on all of those sales. The city loses out on all of the revenue,” said Tanya Triche Dawood, vice president and general counsel for the Illinois Retail Merchants Association, the article states.
Dawood acknowledged there is “absolutely … an issue with teen vaping,” but it can be solved by “identifying products that are attractive to teens” and banning those — not by “taking products away from adults” like “tobacco- and menthol-flavored vapes,” she said.
“I’m not aware of any data that shows that pipe tobacco is gaining in popularity with teens. Neither is chew. Or even menthol cigarettes. But all of these products are included in this proposal,” Dawood said.
July 6, 2020
U.S. Senate Passes Bill to End Online Sales to Minors

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The vote was unanimous. On July 1, the U.S. Senate passed the Preventing Online Sales of E-Cigarettes to Children Act (S.1253) by unanimous consent. The legislation aims end online e-cigarette sales to minors by applying the same measures that are required when traditional cigarettes are purchased online. The House passed its version of the bill last year.
The National Association of Convenience Stores (NACS) said it strongly supports S. 1253, which “ensures responsible retailing of e-cigarettes and age verification across all channels. The legislation would require online sellers of e-cigarettes to ensure the delivery carrier verifies the age of the recipient upon delivery. It would also require online sellers to collect and remit the appropriate state and local taxes,” according to a story on the NACS website.
These rules are already in place for cigarettes and smokeless tobacco products purchased over the internet after Congress passes the Prevent All Cigarette Trafficking (PACT) Act, in 2010. Language for vapor products was not included in the law.
“It’s been long in coming, but finally the Senate has now passed legislation that requires the same proof of age requirement that is needed for tobacco products for e-cigarettes and vaping products, particularly those that are sold over the internet,” stated Senator John Cornyn in his speech on the Senate floor.
After Wednesday’s vote, the legislation is one step closer to becoming law. Last October, the House passed its version of the bill (H.R. 3942) on suspension. Given that the Senate bill is slightly different than the House version, the House will need to pass the Senate’s version before it can become law, according to NACS.
July 6, 2020
Thailand Asked to Consider Science in Vapor Regulation

Scenes like this are rare in Thailand. This vaper in Koh Samui, Thailand could face fines or even jail. (Timothy S. Donahue)
A consumer advocacy group wants the government of Thailand to consider science as basis for ending e-cigarette ban. The group cites Hong Kong’s use of scientific studies as the basis for ending the ban on smoke-free nicotine, including vapor, heat-not-burn tobacco products (HnB) and snus.
Asa Ace Saligupta, who runs consumer group ENDS Cigarette Smoke Thailand, said the Hong Kong Legislative Council (Legco) decided to suspend the discussions on the proposed ban on vaping products, after some members of Legco’s Bills Committee on Smoking cited scientific studies showing that e-cigarettes, HnB and the likes have much lower levels of toxicants compared to combustible cigarettes, according to a release on pressat.co.uk.
He noted that after nine meetings, including three public hearings, the committee which was established in March 2019 decided to end the discussions on the vaping ban on June 2, 2020. The members of the committee also expressed concern that an outright ban would create more illegal channels and that the products could end up in the hands of underage users.
“The Hong Kong experience sets forward a good example of listening to opinions and engaging all parties involved, including the public sector—something that the policymakers in Thailand have avoided so far,” Saligupta said.
Saligupta said his group will petition the Thai government to also set up a committee to study e-cigarettes and find suitable control channels that will enable adult Thai cigarette smokers to find safer alternatives.
“Instead of using electronic cigarettes as a tool to create fear by creating a discourse on children and youth or Covid-19, we want to call on the Thai government to set up an independent committee to seriously study the science, commercial aspects, and regulatory framework for electronic cigarettes like Hong Kong and many other countries,” he said.
June 25, 2020
Coalition Protests Australian Ban of Nicotine E-liquids

An Asia-Pacific coalition of tobacco harm reduction advocates has protested the ban imposed by the Australian Therapeutic Goods Administration (TGA) on the importation of nicotine liquids, saying this will deprive millions of Australian vapers and existing smokers of their rights to access better alternatives to combustible cigarettes.
CAPHRA says the ban will only exacerbate the smoking problem which kills 21,000 Australians a year, according to a press release.
The Coalition of Asia Pacific Tobacco Harm Reduction Advocates (CAPHRA) said the ban on importation of vaping products for personal use into Australia effective 1 July means that cigarette smokers looking for safer alternatives will no longer be able to import these products for their own personal use.
The ban will cover e-cigarettes containing vaporizer nicotine (nicotine liquids and salts) and nicotine-containing refills. Only doctors or medical suppliers will be allowed to import these products as long as they have a permit from the Health Department.
CAPHRA says the ban will only exacerbate the smoking problem which kills 21,000 Australians a year.
According to the new regulatory framework, vapers will have to visit a general practitioner, get a prescription, and then obtain their vaping liquids from an approved medical dispensary.
“Smokers in Australia have been denied access to a proven harm reduction tool and vapers in Australia have yet again been dealt a potentially fatal blow which will see many of the 300,000 strong vaping community go back to smoking cigarettes,” CAPHRA Executive Director Nancy Loucas said in a statement.
June 23, 2020
Dutch Plan to Ban Flavored Vapor in 2021

The Netherlands plans to ban flavored vapor products beginning sometime next year. The goal is to make vaping less attractive to young people, the government said on Tuesday.
Flavors currently available range from mojito and strawberry ice cream to mango and chocolate, the government said. With its sweet tastes and perceived lower health risks, vaping has rapidly become popular among young non-smokers, who are often seen to use them as a stepping stone to regular tobacco products, according to an article from Reuters.
“It is unacceptable that 20,000 people die every year in our country from the effects of smoking and that every day around 75 kids start smoking”, deputy health minister Paul Blokhuis said. “The smoke-free generation we see coming also needs to be free of electronic cigarettes.”
The government will refine the tobacco law to include the ban on flavored e-cigarettes, which is likely to take effect in the first half of next year, the government said. Tobacco-flavored vaping products will remain available, mainly to help regular smokers kick their habit, it said.
A Dutch government report in 2017 said that over a quarter of people aged 12-16 said they had tried vaping at least once. Electronic cigarettes and water pipes have been banned in the Netherlands for anyone under the age of 18 since 2016.
June 23, 2020
Nicotine Vapor Import Ban to Continue in Australia

Credit Getulio Moraes
Australia’s government has extended a ban on the importation of electronic nicotine delivery systems (ENDS), unless prescribed by a doctor. The ban will remain in place for 12 months to allow for public consultation on the regulation of nicotine products by the Therapeutic Goods Administration.
Only vapor products that contain nicotine are banned. The TGA is considering an amendment to the Poisons Standard, which would mean ENDS products would require a valid prescription. A final decision is expected to be announced early in 2021, according to an article in The Daily Mail.
Under the ban, Australians would still be able to vape using ENDS if they have discussed their needs with their doctor and the doctor provides a prescription. They would get their e-cigarettes or refills via a permission granted by the health department to a doctor or medical supplier who would be able to import the goods using a courier service or by cargo service.
The goods cannot be imported through international mail.
The move has been welcomed by the Australian Medical Association. “Nicotine is a highly addictive substance and there is no level of tobacco use which is safe,” AMA vice president Dr Chris Zappala said.
He said e-cigarettes and vaping were not a healthy alternative to smoking. Zappala said anyone wanting to quit smoking would find GPs to be a great source of information and advice.
June 19, 2020