Tag: regulation

Myriad Issues

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Industry experts explain why vaping regulations vary throughout Southeast Asia.
By Norm Bour
After living in Southeast Asia for the past year, I don’t have much more clarity about the vaping laws here than when I arrived. There is no commonality and no correlation between countries. And in many cases, there is no common sense either.
In the U.S., England and other large countries, there is usually just one regulatory agency in control, the proverbial Goliath to be fought by the Davids out there. The U.S. Food and Drug Administration has been the American tormentor for the dozen years I have been in the vaping industry, and even though some states—and in some cases cities—have instituted their own guidelines (thank you, San Francisco, for your 2018 flavor ban), at least the “enemy” is understood.
To get a better feel of what I might be missing, I contacted highly regarded and well-known Ecigintelligence and its parent company, Tamarind, which has offices in Barcelona, London and New York. They were kind enough to get thoughts from several of their team members.
Legal analyst Sergi Riudalbas Clemente identified Malaysia and Indonesia as being the furthest along regarding specific regulations for vaping in their countries.
“Malaysia and Indonesia have wanted to regulate these products for a long time, and they have finally decided to do so. This entails a comprehensive regulatory framework, in contrast to what other Asian countries have decided to do, which is to ban these products,” said Clemente, and I agree with those directions since they are attempting to control rather than ban the products, as they do in Thailand, one of the most draconian markets.
One of the biggest problems Clemente identified is that “harm reduction is never acknowledged, thus vaping is treated equally to tobacco products,” which is a misstep.
Freddie Dawson, who has also spent a decade in the industry, serves as managing editor at Tamarind Intelligence. According to him, one of the biggest culprits pushing the anti-vape message is the World Health Organization, which has historically focused on scare tactics like “accidental poisoning, youth corruption and unexpected consequences and side effects.”
Of the four Asian countries I have lived in since last year, just one, Malaysia, seems to take a commonsense and open-minded look at the vape scene. Dawson sees Malaysia following that same direction on the one “good” hand but Thailand staying the course on the other “bad” hand.
Another Tamarind employee, legal analyst Fernanda Tucunduva, cited a scary statistic from Vietnam. “Data from the authorities show that the use rate of e-cigarettes by young people (13–15) increased from 3.5 percent to 8 percent in one year,” Tucunduva said. “This is a big jump and seems to reflect a shifting preference among younger populations toward vaping and other nicotine alternatives.”
According to Statista, in Southeast Asia, the revenue generated in the e-cigarette market is projected to reach $700 million in 2024. The market is anticipated to experience a compound annual growth rate of 1.85 percent between 2024 and 2029. Compared globally, the United States leads in revenue generation, with an estimated $8.83 billion in 2024. Considering the total population figures, the per-person revenue in Southeast Asia is expected to be $1.25 in 2024. In Singapore, the strict regulations on e-cigarettes have led to a decrease in popularity and limited market growth.
As much as disposables have been a double-edged sword—convenient on the one hand, easily concealable on the other—it’s hard not to point at them as a catalyst to underage vaping. With such low price points and various options, there is something to suit anyone’s tastes.
Overall, in Asia, as well as the rest of the world, two enormous problems are limiting the vape market: education and the enforceability of the laws. Eva Antal, the group’s director of market analysis, shared her thoughts about the youth market in Vietnam and addressed the youths’tendencies to follow the crowd.
“It is true that younger age groups are more likely to experiment and that disposables are very easy to use, but it’s very hard to prove if that person would have started smoking if vapes were not around, and sad as that is, it is extraordinarily accurate,” she said. “Cigarettes have appealed to the youth market as long as kids looked for ways to rebel against their parents, authorities and society as a whole.
“Decades ago, before cigarettes were identified as being the cancer-causing vehicles they are, most parents discouraged their kids from doing it, but since they probably did it themselves, they didn’t want to appear hypocritical.”
In developing nations, cigarettes are too prevalent and familiar, and seeing construction workers and vendors smoking in the streets is an everyday situation. When I wrote in an earlier article about Vietnamese cigarettes being crazy cheap at a price of $1.33 (second only to Nigeria), I was reminded that that price was a significant percentage of their gross income.
Dawson reiterates the enforceability issue as significant in Asia and elsewhere. Vapers more often do not make their own vaping devices; they buy them somewhere.
He writes, “In the American market, 99 percent of the products currently being sold are technically illegal as they do not have a PMTA [premarket tobacco product application] market authorization.” Whether we are critical of the entire PMTA process or just its convoluted nature, these two wrongs do not make a right.
“In Australia, Uber drivers were, until recently at least, openly advertising the sale of e-cigarettes despite there being a prohibition in place,” stated Dawson.
Malaysia may be at the forefront of regulation in Southeast Asia with its Generational Endgame provision, which was part of the Control of Smoking Products for Public Health Act 2024.
It appears that industry pressure from various places has kept this regulation off the table. It would have prohibited the sale of vaping and tobacco products to anyone born after Jan. 1, 2007, and two different Tamarind persons indicated that there seem to be political and financial motives to keep things at the status quo.
Norm Bour is the founder of VapeMentors and works with vape businesses worldwide. He can be reached at norm@VapeMentors.com.
October 28, 2024
Scotland Pauses Disposable Ban to Join UK Date

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A ban on selling single-use vapes in Scotland has been postponed by two months to fall in line with the rest of the UK.
New legislation at Westminster will ban the devices from June 1 next year.
The Scottish Parliament passed regulations bringing the ban into force on April 1.
However, Scottish Health Secretary Neil Gray announced that Holyrood would now amend the date.
Each UK nation had previously introduced separate legislation banning the sale and supply of single-use vapes.
“The Scottish government was the first in the UK to commit to taking action on single-use vapes,” Gray said, the BBC reports.
“We have worked closely across the four nations to ensure a consistent approach to a ban on the sale and supply of single-use vapes so we can provide certainty to businesses and consumers.”
October 25, 2024
Joint Operation Nets $76 Million in Illicit Vapes

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The U.S. Food and Drug Administration, in collaboration with U.S. Customs and Border Protection (CBP), announced the administrative seizure of approximately three million units of illegal vaping products.
The products have an estimated retail value of $76 million. The seizures were part of a July joint operation to examine incoming shipments and prevent illegal e-cigarettes from entering the country.
“The FDA is on high alert and, in coordination with our federal partners, remains committed to stopping unauthorized e-cigarettes at our nation’s borders,” said FDA Commissioner Robert Califf. “These products too often end up in kids’ hands, and the newly formed federal task force is well positioned to collectively combat this unscrupulous activity.”
In June, the FDA and the Department of Justice announced a joint federal task force to curb the distribution and sale of illegal e-cigarettes. Operations like these are an example of ongoing law enforcement work across federal agencies, which are now increasing in frequency with the creation of the task force.
“CBP’s trade enforcement mission places a significant emphasis on intercepting illicit products that could harm American consumers,” said Troy A. Miller, Senior Official Performing the Duties of the Commissioner for CBP. “We will continue to work with our enforcement partners to identify and seize unsafe and unlawful goods.”
In preparation for the operation, the joint team worked for several months to review shipping invoices, identify potentially violative incoming shipments, and complete other investigative work that led to this successful operation, according to a press release.
Upon examining shipments, all of which originated in China, the team found various brands of illegal e-cigarettes, including Geek Bar and others. In an attempt to evade duties and detection, most of these unauthorized e-cigarettes were intentionally mis-declared as items with no connection to vaping products and with incorrect values.
Products that are seized and forfeited to the government will be disposed of in accordance with CBP authorities.
“This isn’t the first joint seizure operation, and it won’t be the last – we will continue to relentlessly pursue those attempting to smuggle illegal e-cigarettes,” said Brian King, director of the FDA’s Center for Tobacco Products. “The $76 million these bad actors just put in the dumpster should be a sobering reminder that their time and money would be better spent complying with the law.”
October 22, 2024
NYTS Survey: U.S. Vaping Rates Hit Record Lows

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The latest tally of federal data finds that vaping rates fell from 10 percent of high school students in 2023 to 7.8 percent this year, “reaching the lowest level ever measured,” reported a team of researchers from the U.S. Centers for Disease Control and Prevention.
According to newly released data from the 2024 National Youth Tobacco Survey (NYTS), current tobacco product use among U.S. middle and high school students has dropped to the lowest recorded level in 25 years,
“Reaching a 25-year low for youth tobacco product use is an extraordinary milestone for public health. However, with more than 2 million youth using tobacco products and certain groups not experiencing declines in use, our mission is far from complete,” Deirdre Lawrence Kittner, director of CDC’s Office on Smoking and Health, said in a news release announcing the new data.
Rates of use of traditional cigarettes are also meager: Only 1.4 percent of middle- and high-school kids now smoke, the report found.
“We’re headed in the right direction when it comes to reducing tobacco product use among our nation’s youth,” said Brian King, director of the US Food and Drug Administration’s Center for Tobacco Products. “But we can’t take our foot off the gas. Continued vigilance is needed to continue to reduce all forms of tobacco product use among youth. Addressing disparities remains an essential part of these efforts to ensure that we don’t leave anyone behind.”
Modern oral nicotine pouches now rank as the second most popular tobacco product, with 2.4 percent of high school students using them regularly, an FDA release states.
“Nicotine pouch sales have substantially increased nationwide since 2016,” noted the team led by CDC investigator Ahmed Jamal, and “nearly one million (890,000) students reported ever using nicotine pouches in 2024.”
Still, the overall trends are positive, and by 2024 only 1 in every 10 middle-and high-school students was using any form of tobacco product.
October 17, 2024
New York City Seizes 1,200 Pounds of Illicit Vapes

Credit: NYC.gov
New York City Mayor Eric Adams, New York City Sheriff Anthony Miranda, NYPD Interim Commissioner Thomas G. Donlon, and DCWP Commissioner Vilda Vera Mayuga proudly announced the successful removal of more than 1,200 pounds of illegal vaping products from the city, which are now on their way to being destroyed.
The products — all seized through the Adams administration’s “Operation Padlock to Protect” — contain batteries and other hazardous materials that must be disposed of safely. The products are being sent to the NYPD’s long-term DNA evidence destruction vendor, ENP Environmental, in Grafton, Ohio, according to a press release.
As a result of the operation, the city has seized more than $80 million in illegal products, which have been taking up a massive amount of space across NYPD’s network of evidence warehouses. Mayor Adams, today, joined members of the New York City Sherriff’s Joint Compliance Task Force — made up of the Sheriff’s Office, the NYPD, and DCWP — to participate in NYPD’s standard evidence destruction process of loading illegal substances and products to be sent to destruction in an environmentally responsible way.
Upon seizure, untaxed and illegally sold tobacco and vape products are subject to forfeiture and ultimately may be destroyed by the city. In August, Adams and the task force destroyed more than four tons, or 576 bags, of seized illegal cannabis products as part of the NYPD’s standard evidence destruction process of incinerating illegal substances and products.
“Today, we say goodbye and good riddance to products that endanger our children and undermine our quality of life,” said Adams. “From the moment we were given the additional authority we needed from the state to weed out illegal cannabis operators, our administration took swift action. Through our successful ‘Operation Padlock to Protect’ initiative, we have already shut down more than 1,200 unlicensed smoke shops, confiscated an estimated $80 million worth of illegal products, and seized thousands of illegal vapes.
“This is a major example of the significant results we are achieving in improving New Yorkers’ quality of life and builds on the gains we’ve made in keeping communities safe. Last month alone saw a decrease in homicides, robberies, burglaries, grand larcenies, transit crime, and car theft, but we know there is still more to do. Our administration will continue to focus on our mission of making New York City a safer, more affordable city, and today’s announcement is another example of just that.”
October 17, 2024
Taxpayer Group Files Amicus Brief in Triton Case

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The Taxpayers Protection Alliance (TPA) submitted an amicus curiae brief to the U.S. Supreme Court in support of the Wages and White Lion Investments case, challenging the Food and Drug Administration’s regulation of e-cigarettes under the Family Smoking Prevention and Tobacco Control Act (TCA). The TPA argues that the FDA’s actions have been arbitrary, capricious and detrimental to public health.
The brief contends that the TCA’s standard for determining what is “appropriate for the protection of the public health” is unconstitutionally vague, providing insufficient guidance to regulated entities and delegating excessive authority to the FDA. This vagueness has led to unpredictable enforcement, adversely affecting both taxpayers and adults who smoke and are seeking safer alternatives to conventional cigarettes.
Furthermore, the TPA criticizes the FDA for failing to recognize the significant benefits of e-cigarettes as a smoking cessation tool, as acknowledged by leading health organizations such as Public Health England. According to the TPA, the TCA is clear on the need for the FDA to consider the impact of e-cigarettes on smoking cessation, yet the agency has abjectly failed to undertake this analysis. The TPA highlights the FDA’s stringent regulatory approach and high denial rates for new e-cigarette products, which the group says stifle market diversity and limit consumer choice, particularly harming adults who smoke and who might benefit from less harmful alternatives.
The TPA also notes the FDA’s disregard for market realities and consumer preferences, particularly the benefits of open-system e-cigarettes that allow for customization and have been shown to be more effective for quitting smoking.
The TPA urges the Supreme Court to uphold the 5th Circuit’s decision, affirming that the FDA’s regulatory approach under the TCA is arbitrary and capricious and violates due process. The TPA calls for a regulatory framework that adequately considers the benefits of e-cigarettes and gives regulated parties fair notice of how their products will be evaluated.
October 17, 2024
Generational Ban Could Save Millions of Lives: Study

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Creating a generation of people who never smoke could prevent 1.2 million deaths from lung cancer globally, according to a study led by researchers from the University of Santiago de Compostela, the International Agency for Research on Cancer (IARC), and global collaborators published in The Lancet Public Health journal.
The simulation study—the first of its kind—suggests that banning the purchase of cigarettes and other tobacco products among people born between 2006 and 2010 could prevent 1.2 million lung cancer deaths in 185 countries by 2095.
The findings indicate that creating a so-called tobacco-free generation could reduce the impact of smoking on lung cancer deaths in future generations.
“Lung cancer is a major killer worldwide, and a staggering two-thirds of deaths are linked to one preventable risk factor—tobacco smoking, said author Julia Rey Brandariz, University of Santiago de Compostela, in a statement.
“Our modelling highlights how much there is to gain for governments considering the implementation of ambitious plans towards creating a tobacco-free generation. Not only could this save huge numbers of lives; it could massively reduce the strain on health systems of treating, and caring for people in ill health as a result of smoking.”
No countries have laws currently making it illegal to sell tobacco to young people. New Zealand’s groundbreaking legislation to ban the sale of tobacco products to anyone born in or after 2009 was recently repealed.
To date, few studies have analyzed the impact of banning the sale of tobacco products among specific age groups or generation, with most focusing on potential health benefits rather than deaths.
The new study is the first to evaluate the effect that implementing a tobacco-free generation would have on future lung cancer deaths. It focused on people born between 2006 and 2010 because the legal age for buying tobacco products is 18 years in most of the countries included in the analysis.
Future lung cancer death rates were predicted based on historical data on 82 countries recorded in the WHO Mortality Database. These estimated rates were applied to data in the GLOBOCAN 2022 database—an IARC global cancer statistics platform—to predict lung rates among people born between 2006 and 2010 for 185 countries. The number of avoidable smoking-related lung cancer deaths was calculated using data on lung cancer deaths among people who had never smoked from a previous study.
The analysis indicates an estimated 1.2 million lung cancer deaths could be prevented in 185 countries if smoking was eliminated among people born between 2006 and 2010. This could prevent 40.2 percent (1.2 of 2.9 million) of the total lung cancer deaths expected to occur in this birth cohort by 2095.
Almost half of expected lung cancer deaths among men could be prevented (45.8 percent, 844,200 of 1.8 million deaths), and close to one-third of expected deaths in women (30.9 percent, 342,400 of 1.1 million deaths).
Among men, the greatest number of potential lung cancer deaths avoided would be in upper-middle-income countries (64.1 percent or 541,100 of 844,200 deaths). The impact would be greatest in Central and Eastern Europe, where 74.3 percent of potential deaths (48,900 of 65,800 deaths) could be averted. In women, the most potential deaths averted would be in high-income countries (62.0 percent or 212,300 of 342,400 deaths). The greatest impact would be in Western Europe, where 77.7 percent of deaths (56,200 of 72,300 deaths) could be avoided.
Overall, most of the potential prevented deaths would occur in low- and middle-income countries (LMICs), with estimates suggesting almost two-thirds of the potential deaths avoided (65.1 percent or 772,400 of 1.2 million) would be in these countries. The other potential deaths avoided would be in high-income countries, where close to two-thirds of all potential lung cancer deaths (61.1 percent, 414,100 of 677,600) would be prevented.
“While rates of smoking in high-income countries have fallen in recent years, lung cancer remains a leading cause of death and disease. In low- and middle-income countries, which have rapidly growing populations of young people, the impact of banning tobacco sales could be even greater,” said author Isabelle Soerjomataram of the International Agency for Research on Cancer,
“Part of the reason why eliminating smoking could save so many lives in low- and middle-income countries is because they tend to have younger populations than high-income countries. Smoking also remains very common in many of these countries, while rates have fallen in many high-income countries. While we must redouble our efforts to eliminate smoking in all parts of the world, this is especially important in low- and middle-income countries.”
The authors acknowledge some limitations to their study. It was not possible to take into account all the factors affecting implementation, such as the black market or poor compliance, but the authors conducted further analyses to estimate the reduction in health impacts if the ban was not completely effective. Lack of data in some regions meant lung cancer predictions could only be carried out for 82 countries. Predictions for other countries—mostly low-income countries—may be over- or underestimated as these were produced by extrapolating data based on location and lung cancer burden. There was limited data on lung cancer rates among people who have never smoked—some from before the 2000s—which could affect the estimates as rates may have changed due to improvements in healthcare. Predictions did not account for the use of e-cigarettes.
October 6, 2024
On Oct. 1, Malaysia’s New Smoking Rules Take Effect

Malaysia’s new tobacco law will take effect Oct. 1, reports Malay Mail.
The law covers regulations related to the registration, sale, packaging and labeling of smoking products, along with restrictions on smoking in public places.
The new legislation also covers electronic cigarettes.
The law seeks to prohibit the sale and purchase of tobacco products, smoking materials and tobacco substitutes to minors, as well as the provision of any smoking-related services to those under the age of 18.
Health groups have repeatedly urged the government to expedite the enforcement of new law, especially following a controversial decision last year by former Health Minister Zaliha Mustafa to remove liquid nicotine from the poisons list.
September 26, 2024
Experts: Ignoring THR a ‘Death Sentence’ for Smokers

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International health experts have warned that governments of the world are condemning millions to die if they continue to ignore the benefits of tobacco harm reduction (THR) policies.
In an open letter to delegates at the United Nations General Assembly, Delon Human of Smoke Free Sweden, along with other leading THR specialists, call for THR to be incorporated into standard tobacco control measures worldwide.
By doing so, millions of lives could be saved from smoking-related diseases, the letter states.
The experts’ letter points to real-world evidence, particularly from Sweden, which proves the success of THR policies. Through the promotion of safer alternatives like snus, nicotine pouches and vapes, Sweden has reduced its smoking rates by 55 percent over the past decade, resulting in a staggering 44 percent fewer tobacco-related deaths compared to the rest of the European Union.
“Sweden’s achievement underscores the effectiveness of harm reduction policies in not only saving lives but also reducing the strain on healthcare systems,” Human said. “Their success serves as a blueprint for other nations.”
The letter also highlights New Zealand’s progress, where the Ministry of Health endorsed vaping as a cessation tool in 2019. Since then, New Zealand’s smoking rates have nearly halved, positioning the country as another example of how THR can drive down smoking-related deaths and diseases.
While countries like Sweden and New Zealand lead the way, many other nations continue to struggle with high smoking rates while rejecting harm reduction. Countries in Eastern Europe, the Middle East, Asia and Africa could witness similarly dramatic reductions in smoking-related mortality by adopting THR policies.
A recent study cited in the letter estimates that Czechia alone could save 280,000 lives over the next four decades if it adopts THR strategies. Further studies report similar potential benefits in other nations including Brazil, Bangladesh, South Africa and Saudi Arabia.
“This is not about promoting nicotine use,” Human said. “It’s about offering safer choices to individuals who would otherwise continue smoking harmful cigarettes. We are on the cusp of a public health revolution, and THR has the potential to be a game-changer in saving millions of lives.”
The letter, also signed by Derek Yach and Marewa Glover, calls on global leaders and the United Nations to prioritize THR as a crucial element of tobacco control, urging governments to act swiftly and decisively. “The evidence is clear,” the letter concludes. The time to act is now.”
September 25, 2024
Survey: Most Vapers Oppose Retail Display Ban

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A recent survey by the Malaysian Vapers Alliance (MVA), a local advocacy group for vape consumers, showed that many vapers oppose the retail display ban that is expected to be implemented.
Following the survey, MVA has raised concerns over critical elements of the Control of Smoking Products for Public Health Act 2024 (Act 852).
The survey, which garnered close to 500 responses, aimed at understanding consumer perspectives on the impending regulations.
The survey showed that 71.3% of respondents do not agree with the ban, citing dissatisfaction with the inability to browse through products before making a decision (39.7%) and difficulties in the purchasing process (38.3%).
The survey also uncovered that if the retail display ban occurs, consumers will likely seek illegal alternatives (47.4%) or return to smoking cigarettes (44.5%).
Only a tiny percentage (8.1%) indicated they would quit vaping altogether if faced with such restrictions.
In commenting on the findings, MVA president Khairil Azizi Khairuddin emphasized the potential dangers of pushing consumers towards unregulated products.
“The survey findings clearly show that a retail display ban is not the solution,” said Khairuddin. “Restricting consumers’ ability to see and choose legitimate products will only drive them to the black market, where the quality and safety of products are questionable.
“This is not the direction we want to go in, mainly as vaping serves as a harm-reduction tool for many who are trying to move away from smoking.”
September 23, 2024