Tag: regulation

January 1 Start to New York Vape Marketing Rules
Credit: Reuben Teo
New York expanded its tobacco product marketing and event sponsorship laws to apply to vaping products in October. The new rules will begin on January 1st, 2024.
The expanded law specifically prohibits:

E-cigarette manufacturers and distributors from selling or marketing e-cigarette branded items (other than actual e-cigarettes or accessories). The prohibition explicitly excludes retailer point-of-sale promotions.
Gifts in exchange for the purchase of e-cigarettes.
Sponsorship of athletic, musical, artistic, social, or cultural events or teams with branded e-cigarette images or logos. Sponsorships using corporation names are permitted.
December 28, 2023
January 1 Begins Start of Belgium E-Cigarette Tax
Credit: Master Sergeant
Beginning January 1, 2024, Belgium will introduce a new tax on e-liquids used in electronic cigarettes. The tax will be set at 15 cents per milliliter.
The move has received criticism from both users and retailers who fear that it will lead to increased costs and a potential shift back to traditional tobacco cigarettes.
The spokesperson for the federal Finance Minister defended the tax, stating that it aligns with Germany’s tax rate, which is also set to increase in the coming years, according to media reports.
They further clarified that the goal is not to encourage people to return to smoking combustible cigarettes but to recognize that e-cigarettes are also tobacco products and should be used as a temporary measure to quit smoking.
December 27, 2023
Singapore Cracking Down on Illegal Vaping Imports

A soldier is on duty in Changi Airport (SIN) – Credit: Phuong
As part of a multi-agency effort to clamp down on vaping, Singapore authorities will step up checks at air, land and sea checkpoints in the coming months, starting with Changi Airport.
“Incoming passengers may be screened for e-vaporizers and their components at the arrival halls, and those found with e-vaporizers or their components will be fined,” said the Ministry of Health (MOH) and the Health Sciences Authority (HSA) in a media release.
Vaping is illegal in Singapore and offenders can be fined up to S$2,000 ($1,490). Those who import, distribute or sell such products face stiffer penalties, including a possible jail term.
Passengers carrying vaping devices must pass through the Red Channel (for people with goods to declare) to dispose of the prohibited items. “Travellers who declare and surrender these items at the Red Channel will avoid penalties,” said MOH and HSA, according to reports.
Additional Immigration and Checkpoints Authority (ICA) locations have been set up to flush out vaping violators, and security checks will also be conducted to detect and deter smuggling attempts.
Apart from the border checkpoints, checks will be stepped up at places such as the central business district, shopping centres, parks, smoking areas, as well as public entertainment outlets such as bars and clubs.
December 27, 2023
PMI Prevails in Investors’ Lawsuit Over IQOS Studies

Photo: fotofabrika
A U.S. appeals court on Dec. 26 dismissed a securities fraud class action brought by shareholders against Philip Morris International, reports Bloomberg Law.
Investors accused the tobacco manufacturer of misleading them about the methods and results of IQOS clinical studies presented to the U.S. Food and Drug Administration. PMI sought the approval so that its former parent company, Altria Group, could sell the device within the U.S.
Investors also targeted company statements about projected IQOS sales in Japan, the only country at that time where PMI sold the line of products nationwide.
The U.S. Court of Appeals for the Second Circuit ruled that statements by PMI and its executives that the IQOS studies were “rigorous,” “the best science,” and “very advanced” were inactionable puffery. The court rejected the investors’ argument that such statements could be proven true or false.
Optimistic remarks about sales performance in Japan, meanwhile, were allowable forward-looking statements, the court ruled.
December 27, 2023
Biden Pardons Thousands of Marijuana Convictions

Credit: Lux Blue
Thousands of people who were convicted of use and simple possession of marijuana on federal lands and in the District of Columbia have been pardoned, the White House said Friday.
President Joe Biden announced that the clemencies are meant to rectify racial disparities in the justice system.
The categorical pardon builds on a similar round issued just before the 2022 midterm elections that pardoned thousands convicted of simple possession on federal lands.
Friday’s action broadens the criminal offenses covered by the pardon.
Biden is also granting clemency to 11 people serving what the White House called “disproportionately long” sentences for nonviolent drug offenses, according to the AP.
Biden, in a statement, said his actions would help make the “promise of equal justice a reality.”
No one was freed from prison under last year’s action, but the pardons were meant to help thousands overcome obstacles to renting a home or finding a job. Similarly, no federal prisoners are eligible for release as a result of Friday’s pardon.
But the order expands the grounds on which pardons are issued. In the last round, people were pardoned for simple possession under only one criminal statute.
Friday’s pardons also apply to several other criminal statutes, including attempted simple possession.
December 22, 2023
Under-18 Vape Product Sales Ban Begins in Ireland

Photo: Timothy S. Donahue
The Irish Government has announced that the ban on selling e-cigarettes or vapes to minors takes effect from tomorrow.
Stephen Donnelly, the Minister for Health, obtained Cabinet approval for this measure earlier this year, which was signed into law by President Michael D. Higgins in August.
The Public Health (Tobacco Products and Nicotine Inhaling Products) Bill comes into effect from Friday, December 21.
From then on, it will be an offense to sell a nicotine inhaling product to someone under the age of 18. The offense will carry a penalty of a fine of up to €4,000 ($4408) and a prison sentence of up to six months.
The new bill includes measures to address smoking and vaping among adults.
Beginning today, the sale of tobacco products and nicotine inhaling products at events for children will also be prohibited, as will the self-service sale of such products.
The bill prohibits the sale of certain items to minors and restricts their advertisement in schools and on public transport. It also provides for increased enforcement, according to media reports.
The bill also allows for additional enforcement powers to the Environmental Health Service for measures in the bill and for all previous Tobacco Control Acts.
December 22, 2023
Flavored Vapes Still Available After California Ban

Image: Olga
Californians, including minors, are still able to buy flavored vapes online a year after the state enacted a ban on such products, reports The Conversation, citing a study published in Jama Network Open.
In effect since Dec. 21, 2022, California Senate Bill 793 prohibits the sale of most flavored tobacco products, including e-cigarettes, to people of all ages. Hookahs, premium cigars and loose-leaf tobacco are exempted from the legislation.
Posing online as minors under the age of 21, researchers tried to buy flavored e-cigarette products from 26 websites that sold them in California. Before SB 793, they succeeded in 52 percent of attempts. After SB 793, the team’s success rate rose to almost 61 percent.
The study did not explain why flavored e-cigarettes are still available from online retailers in California. “It may be that vendors are flouting the new law, are ignorant of it, or do not believe the new law applies to online sales,” speculated corresponding author John-Patrick Allem, associate professor of social and behavioral sciences at Rutgers University.
Allem urged authorities to conduct a comprehensive evaluation of SB 793 compliance among brands and vendors that sell their products online in California to help determine the extent to which flavored e-cigarettes are still available.
Another research team collected weekly Google search rates related to online shopping for cigarettes and vaping products in California from January 2018 to May 2023. They found that shopping queries were 194 percent higher than expected for cigarettes and 162 percent higher than expected for e-cigarettes—which according to the authors suggests consumers are searching on Google for vendors promoting banned products.
December 22, 2023
Singapore Cracking Down on Travelers With Vapes

Image: monticellllo
Singapore authorities will step up checks at air, land and sea checkpoints to prevent e-cigarettes from entering the city state, reports the South China Morning Post.
“Incoming passengers may be screened for e-vaporizers and their components at the arrival halls, and those found with e-vaporizers or their components will be fined,” said the Ministry of Health and the Health Sciences Authority in a media release.
Vaping is illegal in Singapore, and offenders can be fined up to SGD2,000 ($1,490). Those who import, distribute or sell such products face stiffer penalties, including a possible jail term.
Despite the ban, the number of people caught using and possessing vapes has been rising, including among underage consumers.
Apart from the border checkpoints, checks will be stepped up at places such as the central business district, shopping centers, parks and smoking areas as well as public entertainment outlets such as bars and clubs.
Since Dec. 1, enforcement officers from the National Environment Agency have been empowered to take action against people who use or own vapes.
Singapore authorities said that their multi-agency approach is aimed at protecting its population.
The World Health Organization said last week that urgent action is needed to control e-cigarettes to protect children and nonsmokers.
December 21, 2023
Warning Letters for Vapes Resembling Alcohol Products

Image: FDA
On Dec. 20, 2023, the U.S. Food and Drug Administration issued warning letters to three online retailers for selling and/or distributing unauthorized e-cigarettes that imitate packaging for bottles of alcohol. These retailers sold Luckee Vape Daniels brands, which are flavored disposable e-cigarette products that come in a variety of common alcoholic drink flavors that may be appealing to young people, including icy pina colada, frozen strawberry daiquiri, frozen mangorita and watermelon martini.
Data from the 2023 National Youth Tobacco Survey indicate that disposable products are the most commonly used type of e-cigarettes among U.S. middle and high school students. Among current youth e-cigarette users, approximately nine in 10 reported using flavors, with fruit flavors being the most popular (63.4 percent) and about one in 14 (7.2 percent) reporting use of products with alcoholic drink flavors.
“FDA is committed to taking action across the supply chain, including among retailers, to remove unauthorized tobacco products from the marketplace,” said Brian King, director of the FDA’s Center for Tobacco Products, in a statement. “This includes continued monitoring of the online marketplace to identify and combat against emerging products of concern.”
December 21, 2023
Ireland Halts Vaping Tax Over Cessation Concerns

Credit: Schankz
Ireland’s Finance Minister Michael McGrath postponed a vaping tax over concerns it would discourage smokers from quitting with e-cigarettes.
Officials from the Department of Finance stated the need to strike a balance between discouraging young people from vaping and supporting existing smokers who switch to e-cigarettes to quit. Health officials recommended e-cigarettes be taxed differently based on their comparative harm versus traditional cigarettes,” according to media reports.
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.
“We welcome the decision of the Minister of Finance and ask the Irish Government to keep a tax differential between electronic and traditional cigarettes in the future large enough to incentivize smokers to switch,” said Michael Landl, director of the World Vapers’ Alliance. “The risk profile of vaping products is much lower than that of combustion cigarettes and they should be taxed as such. If the tax had been approved, it would have pushed tens of thousands of vapers back to smoking.”
Research has shown that increasing vaping taxes can lead to higher smoking, particularly among young adults. The Department of Finance submission also expressed concerns over vapers switching to the black market if the tax was enacted.
Implementation of the tax was postponed with no new date in sight, while the government also waits for an EU framework to ease its implementation. The update of the EU Tobacco Tax Directive is expected to include an EU-wide excise tax on vaping products.
“Taxing vaping products similarly to combustion cigarettes would have a negative impact on public health as it would push vapers back to smoking or the black market and discourage smokers from switching,” Landl said. “We recommend other countries and the EU to follow Ireland’s example and refrain from implementing vaping taxes.”
December 20, 2023