Tag: regulation

  • Utah Flavor Ban, Vape Registry to Begin Jan. 1, 2025

    Utah Flavor Ban, Vape Registry to Begin Jan. 1, 2025

    Utah state house
    Credit: Tyler Moore

    Utah Gov. Spencer Cox signed a bill Wednesday banning the sale of flavored vape products in the state.

    Senate Bill 61 outlaws the sale of flavored e-cigarette cartridges and disposable devices, specifically targeting flavors such as fruit, candy, dessert, alcoholic beverages, spice, or mint.

    Menthol and tobacco flavors will still be allowed. The ban will take effect on Jan. 1, 2025.

    According to media reports, the Utah bill bans flavored vapes and outlaws the sale of any vape that the U.S. Food and Drug Administration has not authorized.

    Initially, the bill allowed mint as a flavor, but lawmakers later removed it in a late-session agreement.

    Last month, protesters gathered in the capitol rotunda to stand against the bill. Many were adults who said they enjoy using flavored vape products, and some noted that vaping has helped wean them off more damaging cigarettes.

  • Governor Scott may Veto Vermont Flavor Ban Bill

    Governor Scott may Veto Vermont Flavor Ban Bill

    Credit: Andy Dean

    The Vermont House and Senate have agreed to a bill banning the sale of flavored tobacco and e-cigarette products.

    However, the legislation faces a possible veto from Gov. Phil Scott.

    Backers of the ban say the state spends roughly $400 million a year to treat tobacco-related illnesses and that the tobacco industry targets younger smokers with fruit-flavored vaping products and BIPOC adults with menthol cigarettes.

    It’s estimated that the ban could result in a $15 million loss in state tax revenue, which Scott is concerned about.

    At a recent press conference, he also said the bill is inconsistent with state law, which allows the sale of flavored alcohol and cannabis products, according to media reports.

    “So it just seems like we’re not being fair about this in some respects. I mean, we already do it in some, many areas,” Scott said. “If it’s $15 million that we stand to lose by putting this ban into place, I think we better reflect on that.”

    Supporters of the bill argue that the revenue loss will be offset by the huge savings in health care costs associated with the ban.

  • Illinois Bills Would Ban Online Sales, Some Vapes

    Illinois Bills Would Ban Online Sales, Some Vapes

    Credit: Karen Roach

    Illinois lawmakers are considering two bills aimed at ending the marketing of concealable-style vapes and online sales.

    One bill would ban e-cigarettes designed to look like objects commonly carried by youth, such as highlighters and markers, and therefore not be spotted by adults, according to media reports.

    A second bill would prohibit e-cigarettes from being purchased remotely by anyone other than a distributor or seller.

    Both bills passed out of the Senate executive committee earlier this month and await a vote by the full chamber.

  • U.K. Expected to Introduce Generational Ban Today

    U.K. Expected to Introduce Generational Ban Today

    Image: boygostockphoto

    The UK government is set to introduce a bill in parliament aimed at phasing out smoking among young people by prohibiting nicotine sales for future generations.

    The Tobacco and Vapes Bill, if passed unamended, will be one of the world’s toughest anti-tobacco laws and prevent children turning 15 this year or younger from ever being able to be legally sold nicotine products.

    The government said smoking itself would not be criminalized. Therefore, anyone who can legally buy tobacco now will not be prevented from doing so in the future, according to Reuters.

    “If we want to build a better future for our children, we need to tackle the single biggest entirely preventable cause of ill-health, disability, and death: smoking,” Conservative Prime Minister Rishi Sunak said in a statement.

    Critics say the move is “unconservative,” and former prime minister Liz Truss is one of several members of the governing party who have said they will vote against the legislation.

    Despite the opposition, the legislation is expected to pass with the opposition Labour Party suggesting it would support the measure.

    Last month, a similar law introduced by New Zealand banning tobacco sales to those born after Jan. 1, 2009 was repealed by the country’s new coalition government.

  • New Zealand to Ban Disposables, Increase Fines

    New Zealand to Ban Disposables, Increase Fines

    Credit: Mehaniq41

    New Zealand will ban the sale of disposable e-cigarettes, increase fines for retailers caught selling to those under the age of 18 and better regulate retailers, reports Reuters.

    Following a rollback of the planned generational tobacco ban, the government has stated that it is committed to reducing smoking, though it is taking a different approach, which includes more regulation of vaping.

    “While vaping has contributed to a significant fall in our smoking rates, the rapid rise in youth vaping has been a real concern for parents, teachers and health professionals,” said Casey Costello, associate minister of health.

    “The coalition government is committed to tackling youth vaping and to continue to drive down smoking rates to achieve the smoke-free goal of less than 5 percent of the population smoking daily by 2025,” said Costello.

    The new rules will include higher fines for retailers selling to underage individuals, a review of vape retailer licensing and a ban of all disposable vapes.

  • Flava Pulled From Philippine Shelves for Tax Evasion

    Flava Pulled From Philippine Shelves for Tax Evasion

    Credit: Adobe Photo

    Flava brand vaping products have been pulled from store shelves in the Philippines amid allegations of illegal marketing to minors and tax evasion, the Department of Trade and Industry has said.

    The DTI’s Fair Trade Enforcement Bureau (FTEB) on March 15 ordered Flava Corporation, Lilac’s Vape Shop, and social media influencer Lilac Sison Tayaban, CEO of Flava, to refrain from manufacturing, importing, selling, packaging and distributing imported Flava vapes, according to media reports.

    Once the Sampaloc, Manila-based business receives the preliminary order issued by DTI-FTEB, all of Flava’s commercial activities must immediately stop.

    Flava was the respondent to formal charges alleging violations of Republic Act No. 11900, or the Vaporized Nicotine and Non-Nicotine Products Regulation Act, filed before the DTI-FTEB on March 14.

    In turn, the DTI-FTEB gave the preliminary order to confiscate Flava products that violate RA 11900, to prevent the disposition or tampering of evidence and the continuation of the acts being complained of.

    The DTI is the lead implementing and enforcement agency of RA 11900, the landmark law aimed at protecting minors from vaping. The House Ways and Means Committee earlier estimated as much as P728 million ($1.3 million) in foregone tax revenues from the alleged technical smuggling of P1.4 billion worth of illicit Flava devices last year.

    After laboratory testing, The House panel discovered that Flava had not declared the vapes it imported from China. Flava allegedly mislabeled its ingredient as freebase nicotine, which has a lower excise tax than nicotine salt — the nicotine used in Flava products.

    Also, the House committee discovered Flava’s aggressive marketing of its flavored vapes to minors, most especially on social media—a violation of RA 11900. Last week, Bureau of Internal Revenue commissioner Romeo Lumagui Jr. disclosed that the taxman seized 1,029 master boxes of Flava vapes from a warehouse in San Pablo City, Laguna, with tax deficiencies totaling P75.7 million.

    The BIR raid conducted together with the Laguna provincial field unit of the Philippine National Police’s Criminal Investigation and Detection Group (PNP-CIDG) also led to the arrest of two individuals manning the warehouse.

    As such, the BIR will file criminal tax evasion charges against Flava.

    “This successful raid of a vape warehouse containing 102,900 bottles of Flava vape products will be one of many. The BIR supports the whole of the government’s approach to eradicating illicit vape products. We have warned you as early as 2022. Our raids are successful. We won the criminal cases. You already have pending warrants of arrest. Register and pay your proper taxes, or suffer the consequences,” Lumagui said.

    Meanwhile, Consumer Protection Group spokesperson, Trade Assistant Secretary Amanda Nograles said they will check the report of the Philippine Drug Enforcement Agency that marijuana-laced electronic cigarettes or vapes are now proliferating in the market.

    “That report alarms us, especially when these will be sold to minors. Since the information was just new, then we will get additional information. But the DTI will continue to confiscate vape products with flavor descriptors and have cartoon characters that are appealing to minors, and products that use influencers,” Nograles said in a radio interview.

    She said if the DTI encountered or confiscated vapes with marijuana oil, then they would refer it to the PDEA.

    On Thursday PDEA operatives seized cannabis oil and ‘kush’, and assorted vaping devices, with an estimated total value of P842,000 in simultaneous raids in Taguig City.

  • U.K. Group: Harsh Fines for Selling Illegal Vapes

    U.K. Group: Harsh Fines for Selling Illegal Vapes

    U.K. firms flouting the proposed ban on disposable vapes should face harsher fines to deter unscrupulous businesses, according to the Local Government Association (LGA).

    Under the government’s plans, businesses caught selling disposable vapes once the ban is in place could be given a fixed-penalty notice of £100 by their local council.

    The LGA has said the proposed fine is too low and might let businesses off the hook. However, a minority could see the fine as a price worth paying to continue selling the products, it said.

    “We’re delighted that the government is taking decisive action to ban disposable vapes,” Kaya Comer-Schwartz, the leader of Islington Council and public health spokesperson for the LGA, said, according to media reports. “However, proposed penalties will be a drop in the ocean to a minority of unscrupulous businesses looking to make a quick buck after the ban comes into place.”

    Firms flouting the proposed ban on disposable vapes should face harsher fines to deter unscrupulous businesses, the Local Government Association (LGA) has said.

    Under the government’s plans, businesses caught selling disposable vapes once the ban is in place could be given a fixed-penalty notice of £100 by their local council.

    The LGA has said the proposed fine is too low and might let businesses off the hook. A minority could see the fine as a price worth paying to continue to sell the products, it said.

    Kaya Comer-Schwartz, the leader of Islington Council and public health spokesperson for the LGA, said: “We’re delighted that the government is taking decisive action to ban disposable vapes. However, proposed penalties will be a drop in the ocean to a minority of unscrupulous businesses looking to make a quick buck after the ban comes into place.”

    According to LGA analysis, councils can impose larger penalties for other offenses, including up to £500 for littering, £500 for excessive noise from licensed premises, £200 for a business failing to put up “no smoking” signs, and up to £150 for unauthorized distribution of free leaflets on public land.

    The LGA, representing councils in England and Wales, calls for the government to amend the tobacco and vaping bill to allow councils to impose more severe fines.

  • Nebraska Bill Would Create Vape Registry, More Tax

    Nebraska Bill Would Create Vape Registry, More Tax

    Credit: Mandritoiu

    Nebraska is seeking to join the growing number of states that have created a registry of authorized vaping products retailers can sell.

    State Sen. Jana Hughes sponsored a successful bill last year that implemented a 5-cent-per-militer excise tax on disposable vape liquids and a 10 percent wholesale tax on other electronic nicotine-delivery system (ENDS) products that began Jan. 1.

    She has returned this year with Legislative Bill 1296, to regulate vaping products through a vape registry and increase the tax on wholesale products to 20 percent.

    Earlier this month, lawmakers advanced LB 1296 by attaching it to LB 1204 — a General Affairs Committee priority bill — and advanced the package again Friday. It is awaiting one final round of debate.

    Hughes told media that in the United States, there’s a perception that products sold in retail outlets are safe. However, she said, the federal government, which is supposed to be responsible for product regulation and safety, has dropped the ball.

    “If they get their stuff together … then we’re done,” Hughes said of her bill. “But they’re not doing it.”

    Hughes said she had amended her legislation in part with the help of “reputable” vape shops and would have manufacturers list their chemicals, allowing easier regulation and seizure if needed. The senator said this could also prevent imports of products from outside the country, where 99.9 percent of all vaping products are produced.

    Her proposal is not meant to be a moneymaker or a money sucker, she said, but to create an even “wash” between fees assessed on the vape industry and oversight costs.

    “But that’s the hard part: This is brand-new territory,” Hughes said.

    Under her bill, an application for certification would cost $75 for each type or model of electronic nicotine delivery system sold in Nebraska instead of $250 per system. Hughes noted that lawmakers may need to extend the debate one more time if the fiscal estimate isn’t a “wash.”

    Hughes’ bill would also require in-person pickup of vape products and end mail delivery for purchases made online or over the phone.

    The bill also has provisions meant to crack down on advertising targeted at minors, outlawing ads or packaging that depict a cartoon-like fictional character that mimics a character primarily aimed at entertaining minors, imitating or mimicking trademarks or trade dress of products that are or have been primarily marketed to minors, or including an image of a celebrity.

  • Vermont Lawmakers Pass Flavor Ban, Moves to Senate

    Vermont Lawmakers Pass Flavor Ban, Moves to Senate

    Credit: Rabbit75_fot

    Vermont lawmakers Friday approved a ban on flavored vaping and other flavored tobacco products.

    S.18 would end retail sales of all flavored e-cigarettes, e-liquids, and oral nicotine pouches. The bill would also end the sale of all menthol-flavored tobacco products, including cigarettes, cigars, pipe tobacco, and smokeless tobacco, by January 1st, 2026.

    The legislation, which has been debated for at least six years, faced a fierce lobbying campaign from retailers who said it would put many out of business. Some lawmakers have also balked at the loss of millions in tax revenue, according to media reports.

    But supporters say the adverse health impacts on young people who get hooked on the products are just too great. Lawmakers spoke on the House floor Thursday about the extensive testimony from medical professionals, educators, parents, and members of the BIPOC community in support of the bill.

    The bill will now return to the Senate, which passed a different version of the bill last year. The governor has not yet indicated if he will sign it.

  • Federal Judge Gives Final OK in Altria, Juul Class Action

    Federal Judge Gives Final OK in Altria, Juul Class Action

    A federal judge approved the final part of a class action settlement with the e-cigarette company Juul Labs and its parent company Altria, bringing the settlement total to just over $300 million.

    In 2018, the plaintiffs charged Juul Labs with misleading the public about the addictiveness of Juul and the risk of the e-cigarettes and its nicotine cartridges.

    The plaintiffs also said Juul had targeted teenagers with candy-flavored Juul pods and “multimillion-dollar ad campaigns and social media blitzes using alluring imagery.”

    The case survived a number of hurdles: The judge denied multiple motions to dismiss the suit and agreed to certify four different classes of plaintiffs (a nationwide class, a nationwide youth class, a California class and a California youth class).

    In January, the judge gave preliminary approval to a $255 million settlement between Juul Labs and the plaintiffs, according to Courthouse news. Friday’s ruling grants approval to Altria’s payment of $45,531,250. The sides have yet to reach an agreement on attorneys fees.

    “Court finds that this monetary recovery is fair, reasonable, and adequate given the risks of proceeding to trial and the maximum recovery potentially available to Settlement Class Members if the Class Representatives had prevailed at trial,” wrote U.S. District Judge William Orrick in his order.

    Last year, Juul agreed to pay six states $462 million to settle claims that it had marketed its vaping products to teenagers. The year before that, it agreed to pay $438.5 million to 33 different states and Puerto Rico.

    Altria Group exchanged its entire investment in Juul Labs in 2023 for a non-exclusive, irrevocable global license to certain of Juul’s heated tobacco intellectual property.