Tag: regulation

Mexico President to Push Forward Anti-Vape Bill
Mexican President Andres Manuel Lopez Obrador stated his intentions to introduce a law forbidding the use of e-cigarettes and vapes before he finishes his term in 2024.
This comes after the Supreme Court overturned his previous attempt to ban their sale.
Mexico already has one of the most stringent anti-tobacco laws globally, as evidenced by their implementation of a bill in January that prohibits smoking in all public spaces – including outside on the street, according to media reports.
Mexico has already banned the import of e-cigarettes.
December 14, 2023
WHO Seeks to Equate Risks of Vaping and Smoking

Image: Andrey Popov
The World Health Organization has urged governments to ban all flavors in e-cigarettes, treating them like combustible products.
While some consider e-cigarettes a key to reducing death and disease caused by smoking, the WHO said “urgent measures” are needed to control them, according to Reuters.
“Kids are being recruited and trapped at an early age to use e-cigarettes and may get hooked to nicotine,” said Tedros Adhanom Ghebreyesus, WHO director-general.

Regulating vapes like cigarettes would only serve to reinforce misunderstandings about the relative risks of vaping and send the wrong message to smokers.
Marina Murphy, senior director of scientific and medical affairs, ANDS
He urged countries to implement strict measures, such as bans on all flavors and introducing tobacco control measures to vapor products. These would include high taxes and vape bans in public places.
While the WHO does not have authority over national regulations, its recommendations are often voluntarily adopted.
“Regulating vapes like cigarettes would only serve to reinforce misunderstandings about the relative risks of vaping and send the wrong message to smokers,” said Marina Murphy, senior director of scientific and medical affairs at ANDS, adding that the WHO’s position was “detached from reality.”
December 14, 2023
Bulgaria Readies to Ban Flavored Nicotine Products

Image: Delyan
Bulgaria will ban products with flavors other than tobacco effective Jan. 1, 2024, reports Novinite.com
The ban is in response to the European Commission’s directive.
The amendment will also require that all packaging for heated-tobacco products display a warning highlighting associated risks of use. The Ministry of Economy and Industry will now be tasked with prohibiting tobacco products containing additives that significantly increase toxicity, with addictive properties or that pose risks of cancer, mutations or reproductive toxicity.
Enactment of the changes is pending official publication in the State Gazette.
December 14, 2023
Another City in Maine Bans Flavored Nicotine Sales

Credit: Gary L Hider
The state of Maine is a hotbed of nicotine regulation. The town of Falmouth became the sixth municipality in the state to outlaw flavored tobacco products.
The town council voted 5-2 in support of an ordinance that will make it illegal to sell any vaping or other tobacco product that imparts or is advertised to impart a taste or smell “other than that of tobacco” when the ban goes into effect on March 12, 2024.
Falmouth has a population of just over 12,000 residents. The town joins Portland, South Portland, Brunswick, Bangor and Bar Harbor in passing similar bans on selling flavored tobacco products.
Retailers found violating the law will be subject to a written warning for a first offense, followed by a fine of $500 for a second offense and $1,000 fine for each subsequent violation.
The ordinance does not prohibit the use of flavored tobacco products; however, it does aim to make it harder for individuals, youth and adults, to acquire the products.
One supporter of the ban, councilmember Janice de Lima, said she considered the ordinance a win even if only five kids were prevented from using flavored nicotine products, regardless of the impact on other residents or businesses.
Council vice-chair Jay Trickett spent several minutes critiquing the ban, citing studies that show bans on flavored tobacco products result in increased levels of cigarette use, adding that the council had public health policy backward with the ordinance, according to Halfwheel.
Trickett said the ordinance’s passage will result in increased health risks for certain residents of the town, possibly forcing some current vapers to return to smoking more deadly combustible cigarettes. It could also potentially drive some youth who use vaping products to switch to combustible tobacco products. The ban would also negatively impact local businesses.
“We are blundering about with a sweeping regulation that only indirectly addresses the problem and absolutely harms other residents because we feel the need to do something,” he said during Monday’s meeting.
Additionally, the council passed a resolution to codify its support of the ban:
“The Falmouth Town Council believes that reduced access to flavored tobacco products could potentially reduce youth resident initiation to tobacco products and thereby decrease youth tobacco and nicotine addiction and associated health risks. The Council believes that this outweighs the potential impacts on adult tobacco product users and retailers. The Council supports the enactment of an ordinance to prohibit the sale of flavored tobacco products by tobacco retailers in Falmouth.”
The Hallowell City Council has also held a first reading of a similar ordinance.
December 13, 2023
EU Parliament Endorses Vaping to Help Quit Smoking

Credit: Ronstik
The European Parliament, in full assembly, adopted a report recognizing the role of vaping in aiding smoking cessation. This comprehensive adoption by the Parliament marks a pivotal moment in the fight against smoking-related illnesses, according to an emailed World Vaper’s Alliance release.
The report, a part of the Parliament’s broader initiative on non-communicable diseases, acknowledges vaping as an effective method for smoking cessation and may also set a new direction for health policies within the EU.
The move follows the EU’s Subcommittee on Public Health (SANT) endorsement on Nov. 7. However, the initial recommendation by the SANT to limit vaping in certain public areas remains a point of contention.
Michael Landl, director of the WVA, said the full adoption of the report by the Parliament is a step forward and underscores a significant shift in recognizing vaping’s positive impact on public health.
“We now call on the European Commission to align with this perspective, as it represents the collective voice and decision of the Parliament, the direct representatives of EU citizens,” he said. “Listening to this voice is not just a matter of policy but of democratic responsibility.
“While we welcome the Parliament’s endorsement, the proposed restrictions on vaping in public spaces are concerning. Such measures could inadvertently hinder smokers’ transition to a less harmful alternative.”
December 13, 2023
Imperial Calls for Better Targeted Vape Regulation

Photo: Casimirokt | Dreamstime.com
Imperial Brands has called for a ban on vapes that are deliberately marketed to young people. In its response to the U.K. government’s consultation on “creating a smoke-free generation and tackling youth vaping,” the company argued for stronger enforcement of existing regulation.
Among other provisions, the government’s plan includes a provision that would make it illegal for anyone born on or after Jan. 1, 2009, to ever legally buy cigarettes, and a ban on disposable vapes.
“As the owner of the blu vape brand, we share the government’s concerns about the rise in youth vaping and call for a reform of vape flavor names and a ban on packaging that deliberately appeals to under-18s,” Imperial Brands wrote on its website.
However, Imperial also noted that vaping has played a key role in reducing U.K. smoking levels to the lowest on record, referring to Public Health England’s finding that e-cigarettes are around 95 percent less harmful than normal cigarettes.
“If a ban on disposable vapes is introduced—which more than half of adult vapers use—it could easily drive some nicotine users to return to cigarette smoking and reverse the positive downward trend,” Imperial wrote.
The proposed generational tobacco ban, meanwhile, would be unworkable and unenforceable, according to the company. “The prohibition of tobacco products won’t deter tobacco users from smoking; rather, it will increase the already flourishing illicit trade—as was the case in South Africa when the government outlawed the sale of tobacco products during Covid—and lead to a decline in government revenues. Last year, receipts from tobacco duty contributed £10 billion [$12.52 billion] to the public purse,” Imperial wrote.
“The government’s intention to put the U.K. on a path to a smoke-free future is one we all share; however, a generational smoking ban, coupled with a ban on disposable vapes, risks undermining the country’s progress,” said Oliver Kutz, general manager U.K. and Ireland at Imperial Brands.
“It is clear that prohibition does not reduce tobacco consumption; rather, it creates an illicit market, fuels organized crime and presents a real danger to retailers. Removing disposable vapes, the most widely used harm reduction alternative in the U.K., at the same time as prohibiting legitimate tobacco sales is illogical and counterproductive.
“If the U.K. wants to continue on its journey to reduce smoking whilst preventing the rise of youth vaping, greater enforcement of the current regulations at the point of sale is imperative. The introduction of a retailer licensing scheme, alongside Fixed Penalty Notices for breaches, would deter retailers from selling to under-18s, ensuring a crackdown on youth vaping that does not risk existing vapers reverting to smoking.”
December 13, 2023
Argentina Urged to Repeal Recent E-cigarette Ban

Image: simonmayer
The Argentinean vapers’ association, Asovape Argentina, and the World Vapers’ Alliance have sent an open letter Argentina’s recently elected president, Javier Milei, calling for the repeal of the National Administration of Medicines, Food and Medical Technology Provision 3226/2011 banning the commercialization of e-cigarettes.
The provision banned the import, distribution, marketing, advertising and promotion of e-cigarettes. It went into effect May 6, 2011.
The letter explains that numerous studies conducted since the ban took effect have demonstrated the significantly lower risk profile and the usefulness of e-cigarettes for smoking cessation as well as the low health risk of nicotine. The signatories also argue that the ban is incompatible with respect for the individual freedom of Argentinian adults and the rights to free development of personality, information and health of users and smokers.
“The ban violates the rights and freedoms of Argentine adults and should be repealed,” said Juan Facundo Teme, president of Asovape Argentina, in a statement. “The state is not the one to tell Argentines how to consume nicotine and should respect the decisions of individuals who choose to vape in order to consume it in a less harmful way. Moreover, all the arguments on which the ban was based have been disproved.”
Argentina has a smoking rate of 24.5 percent, the second highest in Latin America and one of the highest in the world.
“Smoking is a huge problem for Argentina, and the ban has only exacerbated it,” said Teme. “It spreads the misconception that vaping is the same or worse than smoking, makes it difficult for millions of smokers to switch to a safer alternative and has pushed thousands of vapers back to tobacco. With clear information and proper regulation of vaping, we could reduce smoking rates quickly and significantly.”

Argentina should respect smokers who choose to consume nicotine in a less harmful way.
Alberto Gomez Hernandez, policy manager, WVA
“Argentina is one of the most restrictive countries on vaping in the whole region and consequently has one of the highest smoking rates,” said Alberto Gomez Hernandez, policy manager of the World Vapers’ Alliance. “It is second only to Chile, which has just passed a law regulating vaping to allow adults to use it to quit smoking, as Brazil is also working to do. Argentina should not lag behind and should respect smokers who choose to consume nicotine in a less harmful way.”
Michael Landl, director of the World Vapers’ Alliance, added, “Argentina’s approach to vaping is outdated and irreconcilable with upholding the individual freedom of consumers. Argentina now has a great opportunity to take the lead and adopt the approach of countries like Sweden or the U.K., which respect users’ right to choose while improving public health. Sweden is on the verge of becoming the first smoke-free country thanks to this approach, and the U.K. is reducing its smoking rate rapidly. We encourage President Milei and his government to follow these examples. Vaping is not a crime and should be legalized immediately.”
December 13, 2023
FDA Says Next PMTA Update to Come in January

Credit: F Armstrong Photo
The U.S. Food and Drug Administration stated in prior status reports for its premarket tobacco product applications (PMTAs) that the agency would complete a review of 100 percent of the applications by the end of 2023.
The agency is now estimating that completion of the reviews may be delayed as the FDA considers the D.C. Circuit’s opinion in Fontem US v. FDA, affirming in part and vacating and remanding in part marketing denial orders for certain vaping products.
The regulatory agency is under court order to file regular status reports on the agency’s review of pending PMTAs for new tobacco products that were on the market as of Aug. 8, 2016.
For such new tobacco products to be lawfully marketed in the United States, the Family Smoking Prevention and Tobacco Control Act requires the FDA to complete a substantive review of the PMTA for each new tobacco product and issue a marketing granted order authorizing the sale of the product.
The court order stems from litigation filed by health groups against the FDA seeking a court-imposed deadline for finalizing the review of the PMTAs that were filed with the agency by Sept. 9, 2020.
The court-imposed deadline to complete the agency’s review was originally Sept. 9, 2021, which the FDA was unable to meet due to the extremely large number of PMTAs filed by manufacturers.
The most recent and FDA’s seventh status report was filed on Oct. 23, 2023, according to media reports. Specifically, in these reports, the FDA provides an update on the progress to finalize the agency’s review of pending PMTA “covered applications.”
A “covered application” is for new electronic cigarette/vapor products that were on the market as of Aug. 8, 2016, which had a PMTA filed with the FDA by Sept. 9, 2020, are sold under the brand names of Juul, Vuse, Njoy, Logic, Blu, Smok, Suorin, or Puff Bar, and reach 2 percent or more of the total retail sales volume in NielsenIQ’s various retail e-cigarette sales reports.
According to the FDA’s Oct. 23 status report, the agency has completed its review of 69 percent of the 186 pending covered applications.
The FDA states that it will file the next status report with the court by Jan. 22.
December 11, 2023
Mexico’s Supreme Court Says Vape Ban is Illegal

The Supreme Court of Justice of the Nation (Credit: Fernando)
Mexico’s Supreme Court of Justice has ruled that the presidential decree banning the sale of e-cigarettes is unconstitutional.
The court’s Second Chamber ruled by three votes in favor that the decree is contrary to the right to freedom of commerce.
The ruling only permits those retailers who were parties to the case to sell e-cigarettes.
In an en banc decision, the full Supreme Court of Justice of Mexico found the interpretation of Article 16(VI) banning e-cigarettes unconstitutional; however, this ruling does not automatically toss out the ban on e-cigarettes under Art. 16(VI).
Instead, if a retailer wants to sell e-cigarettes, he/she must bring a court case to declare the unconstitutionality of the ban in his/her specific case.
Thus, for now, e-cigarettes remain prohibited.
Alberto Gómez Hernández, policy manager of the World Vapers’ Alliance, said he welcomed the decision of Mexico’s High court, adding that the decree violates the right to freedom of trade of the companies, but also the right to health and the free development of the personality of Mexican adults. “Mexicans should be free to decide how they consume nicotine,” he said in an emailed release.
The declaration of unconstitutionality was carried out in an amparo lawsuit – a type of lawsuit in Mexico through which a company can seek legal protection or permission not to abide by regulation that violates its rights.
The general ban will stay in place since the ruling applies only to that specific case and business, yet it shows that even Mexico’s highest court agrees that a ban on vaping products is unconstitutional.
“Although the ruling does not establish jurisprudence, we hope that the government or the judiciary will reverse the ban soon,” said Gomez. “The ban has failed, it has aggravated the public health problem of smoking in Mexico and has created a huge black market controlled by mafias.
“Mexico needs to abandon the ban and adopt a strategy that includes the use of less harmful nicotine products as a smoking cessation tool. It should follow the example of Sweden, which is about to become the first smoke-free country, and the UK, which promotes the use of vapes to quit smoking.”
December 11, 2023
U.S. Lawmakers Seek Action Against Elf Bar Sales

U.S. House lawmakers are demanding information from federal officials on what they are doing to stop the recent influx of kid-appealing electronic cigarettes from China.
Members of a new congressional committee on U.S.-China relations sent the request last week to U.S. Justice Department and Food and Drug Administration leaders, calling attention to “the extreme proliferation of illicit vaping products.”
The letter cites the Associated Press reporting on how thousands of new disposable e-cigarettes have hit the market in recent years, mostly manufactured in China and sold in flavors like watermelon and gummy bear.
In May, the agency called on customs officials to block imports of Elf Bar, a small, colorful vaping device that is the No. 1 choice among teenagers.
The media has reported that the company behind Elf Bar has been able to evade the ban by simply renaming its products, which remain widely available in convenience stores and vape shops.
“We ask you to work with the Customs and Border Protection to address this urgent problem with all due speed,” states the bipartisan letter from 12 members of the committee, including Chairman Rep. Mike Gallagher, and Rep. Raja Krishnamoorthi.
The special committee was established early this year to counter Chinese policies that can damage the U.S. economy. Tensions between the two countries have been rising for years, with both China and the U.S. enacting retaliatory measures on imports.
December 11, 2023