Tag: regulation

  • UK Prime Minister has Tobacco Endgame Plan

    UK Prime Minister has Tobacco Endgame Plan

    Credit: Savvapanf Photo

    The U.K. prime minister, Rishi Sunak, wants to raise the legal age for consuming cigarettes, gradually increasing it one year at a time until the next generation is no longer legally allowed to purchase the products, reports Bloomberg.

    According to Sunak, the move would make it so that “a 14-year-old today would never legally be sold a cigarette.” Sunak spoke on the age increase at a Conservative Party conference in Manchester Wednesday, where plans to restrict availability of vapes and look at packaging and flavors of vapor products were also discussed.

    Simon Clark, director of smokers’ rights group Forest, responded to the move, saying, “These are desperate measures by a desperate prime minister.

    “Raising the age of sale of tobacco is creeping prohibition, but it won’t stop young people smoking because prohibition doesn’t work. Anyone who wants to smoke will buy tobacco abroad or from illicit sources.

    “This is the opposite of leveling up; it’s dumbing down. Future generations of adults who are considered old enough to vote, pay taxes, drive a car and drink alcohol are going to be treated like children and denied the right to buy a product that can be purchased legally by people a year older than them.

    “This is now a conservative government in name only because the prime minister has just taken a wrecking ball to the principles of choice and personal responsibility,” Clark said.

  • Portugal Considers Ban on Public Use, Online Sales

    Portugal Considers Ban on Public Use, Online Sales

    Credit: Paulo MF Pires

    The government in Portugal is discussing a new draft law regulating vaping and other tobacco product use. The new EU delegated act of the Tobacco Products Directive would be brought into the national legislation on heated tobacco products, including several provisions on vaping that have not been a part of the original delegated act. 

    Draft Law No. 88/XV aims to extend smoke-free areas’ restrictions to the use of vaping products – effectively banning vaping in outdoor spaces such as the terraces of bars and restaurants – and to restrict the sale of vaping products by banning online sales, according to an emailed press release.

    Alberto Gómez Hernández, community manager of the World Vapers’ Alliance, said the measures represent a step backward in the adoption of an “open and evidence-based approach” to alternative nicotine products.

    “Instead of making it more difficult for smokers to access safer nicotine products, Portugal should follow the steps of countries that are successfully reducing smoking rates by encouraging smokers to switch, such as the United Kingdom and Sweden,” he said. “Banning the online sale of vaping products leaves smoking as the only option for those who do not have alternative nicotine product outlets nearby.”

  • Study Finds Flavor Bans Boost Combustible Sales

    Study Finds Flavor Bans Boost Combustible Sales

    Credit: Balint Radu

    A new study has found that flavor bans boost sales of traditional combustible cigarettes. The study, E-cigarette Flavor Restrictions’ Effects on Tobacco Product Sales, concluded that restrictions on the sale of flavored nicotine vaping products could lead to significant increases in traditional cigarette sales.

    “Given that combustible cigarettes are widely recognized as more harmful than vaping, the study’s findings raise pressing questions about the public health implications of such policies, according to a release from the Canadian Vaping Association (CVA). The group “urges Canadian governments to review the study’s findings and ensure that vapor product regulations are inline with harm reduction and Canada’s Drugs and Substances Strategy.”

    Key Highlights from the study include:

    Substitution to Cigarettes: For every 1 less 0.7 mL pod sold due to flavor restrictions, there’s an increase of 15 additional cigarettes purchased.

    Rise in Cigarette Sales Over Time: While the short-term effects are less clear, the long-term correlation between vaping flavor policies and a surge in cigarette sales is robust. This surge occurs especially when such policies have been in place for a year or more.

    Young Population at Risk: The relation between vaping flavor restrictions and increased cigarette sales isn’t limited to a particular age group. Alarmingly, there’s also a surge in sales for cigarette brands popular among underage youth.

    The research firmly underscores the unintended consequences of restricting flavored product sales, according to CVA. While the research indicated that these policies do achieve their goal of reducing flavored product use, they inadvertently boost the sales of traditional cigarettes across all age groups.

    Given the stark difference in health risks between cigarettes and vaping, the study contends that the overall health benefits of such policies may be minimal or even potentially harmful in the broader perspective.

  • Major Bill to Boost Vape Tax Introduced in Congress

    Major Bill to Boost Vape Tax Introduced in Congress

    Credit: Splitov27

    Last week, lawmakers in the U.S. introduced the CARE For Moms Act in Congress. That bill would increase healthcare for expecting and new mothers, while also exponentially increasing the taxes for vaping, roll-your-own, cigars and other tobacco products.

    The tobacco tax language in the CARE Act was copied and pasted out of the Tobacco Tax Equity Act, a bill that has been introduced as a rider in bills introduced in previous sessions of Congress but it failed to gain any traction, according to halfwheel.

    That could change after Sen. Ron Wyden and Sen. Dick Durbin have now introduced the Tobacco Tax Equity Act of 2023 in the Senate as a standalone bill, while Rep. Raja Krishnamoorthi introduced the bill in the House of Representatives.

    The tobacco tax-related language includes:

    • New taxes for e-cigarettes;
    • Doubling the tax on roll-your-own tobacco;
    • A more than 16x increase on pipe tobacco;
    • Doubling the tax on small cigars;
    • A massive tax hike for premium cigars;

    For premium cigars, the language removes the existing federal excise tax of 52.75 percent, capped at 40.26 cents per cigar, and replaces it with a weight-based tax of $49.56 per pound.

    Because it’s a weight-based tax, the difference between the existing tax and the new taxes would vary depending on how heavy the cigar is. For cigars robusto or larger, it would likely more than triple the current federal tax rate.

  • FDA Issues Civil Money Penalties to 22 Retailers

    FDA Issues Civil Money Penalties to 22 Retailers

    Credit: VetKit

    The retailers selling illegal flavored disposable vapes are under scrutiny. The U.S. Food and Drug Administration issued complaints for civil money penalties (CMPs) against 22 retailers for the illegal sale of Elf Bar/EB Design.

    The FDA previously warned each retailer in the form of a warning letter to stop selling unauthorized tobacco products, according to the agency. During follow-up inspections, the FDA observed the retailers had not corrected the violations, which resulted in the civil money penalty actions. 

    “The FDA has been abundantly clear that we are committed to using the full scope of our authorities, as appropriate, to hold those who break the law accountable,” said Brian King, director of the FDA’s Center for Tobacco Products (CTP). “These retailers were duly warned of what could happen if they failed to correct their violations. They chose inaction and will now face the consequences.”

    The complaints seek the maximum civil money penalty of $19,192 for a single violation from each retailer. While the FDA has issued civil money penalty complaints to retailers for selling unauthorized tobacco products in the past, this is the first time the agency is seeking CMPs for the maximum amount against retailers for selling illegal flavored disposable vapes.

    The retailers can pay the penalty, enter into a settlement agreement, request an extension of time to file an answer to the complaint or file an answer and request a hearing. Those that do not take action within 30 days after receiving the complaint risk a default order imposing the full penalty amount.

    Courtesy: US FDA

    In addition to the CMP complaints, today the FDA announced an additional 168 warning letters to brick-and-mortar retailers for illegally selling Elf Bar/EB Design products. These warning letters were the result of a coordinated nationwide retailer inspection effort conducted throughout the month of August, according to the agency.

    Warning letter recipients have 15 working days to respond with the steps they have taken to correct the violation and ensure compliance with the law. Failure to promptly correct the violations can result in additional FDA actions such as injunction, seizure or civil money penalties.

    “We continue to monitor closely all those in the supply chain, including retailers, for compliance with federal law,” said Ann Simoneau, director of the Office of Compliance and Enforcement in the CTP. “This includes follow-up inspections and surveillance of those who have received a warning letter, and taking additional action, as appropriate, to enforce the law.” 

  • October 1 Begins New Strict Oklahoma Vaping Laws

    October 1 Begins New Strict Oklahoma Vaping Laws

    Credit: Nasibli

    Vaping product sales in Oklahoma are set to get more complicated. On Oct. 1, the state will publish a list of vaping products allowed for sale within its borders.

    Oklahoma’s new rules prohibit sales of products that have not received a marketing granted order (MGO) by the U.S. Food and Drug Administartion or are still under review in the regulatory agency’s premarket tobacco product application (PMTA) process.

    Vaping product manufacturers were required to submit documentation by July 1 to the Oklahoma Alcoholic Beverage Laws Enforcement (ABLE) Commission that attested under penalty of perjury that the products listed were available for sale before Aug. 1, 2016 (the effective date of the FDA’s Deeming Rule), and that a PMTA had been submitted for each product on or before the agency’s Sept. 9, 2020 PMTA submission deadline.

    The bill creating the Oklahoma law passed the state legislature in 2021, but vaping advocates were able last year to get implementation postponed until 2023. Attempts this year to repeal the law or delay it again until 2024 were unsuccessful.

    The law will make vape shop owners criminals if they are found to be selling bottled e-liquid or disposable vaping products not named on Oklahoma’s list. Giving false information about the authorization status of any product submitted to the list is also a crime.

    Manufacturers are required to notify the state of Oklahoma within 30 days of a change to the product’s authorization status with the FDA.

  • Biometric Age Verification Gaining Ground in Canada

    Biometric Age Verification Gaining Ground in Canada

    Biometric measures for age verification are gaining ground in Canada and Washington state, as retailers and regulators try to prevent youth from accessing vapes and other restricted products.

    Imperial Tobacco Canada (ITCAN), which produces most of Canada’s major cigarette brands as well as the VUSE brand of vapes, has announced the expansion of a pilot for a biometric pass to access its VUSE retail stores, according to media reports.

    According to a release, customers who sign up for the VUSE Pass through a one-time age verification process will be able to verify their age at VUSE outlets with a biometric palm scan.

    The nationwide rollout follows a successful pilot program in Toronto.

    “We say we are committed to preventing youth vaping, and we mean it,” says Frank Silva, the president and CEO of ITCAN. “A root cause of the problem is that kids unfortunately have access to vaping products. We’ve taken an important first step by making sure that we do more to control access to our own stores.”

    Silva says there is a lack of government leadership around ensuring proper age verification procedures for restricted products. “Governments have all the tools necessary to stop retailers from selling to minors. They are simply not being enforced.”

    Lawmakers in Washington State are deciding whether or not regulators will be able to add fingerprint scans for biometric age verification to their ID toolkit. The State Liquor and Cannabis Board has been considering a pilot project for biometric age verification. But, as the Center Square reports, doubts and questions about equity, security and oversight continue to arise.

  • Cyprus Government to Ban Flavored HTPs

    Cyprus Government to Ban Flavored HTPs

    The Cyprus government is moving to ban the sale of flavored heated-tobacco products (HTPs) following the Ministerial Council’s decision to adopt the relevant European legislation, according to In-Cyprus.

    HTPs still allowed on the market will have to apply special warning labels and images to packaging, which will align the packaging with that of conventional cigarettes.

    The aim of these changes is to “harmonize national legislation with European directives, as today’s Ministerial Council approved an amendment to regulations regarding the withdrawal of certain exemptions for heated-tobacco products.”

    The council decided on the “extension of the ban on the sale of tobacco products with characteristic aroma/flavor or containing aromatic substances in any of their ingredients and on heated-tobacco products.”

    “It was also decided to include verbal warnings/notifications about the harmful effects of smoking on the packaging of heated-tobacco products. These warnings will be accompanied by deterrent images.”

    “In the legislation for smoking control, established in 2017, these products were exempted, and the sale of conventional cigarettes and rolling tobacco that contained aromatic substances in their ingredients was prohibited,” said Health Minister Popi Kanari. “With these regulatory amendments, the sale of heated-tobacco products containing aromatic substances in any of their ingredients is prohibited beyond conventional cigarettes and rolling tobacco.”

    “The amendment does not apply to vaping products that contain liquid but only to the category involving heated-tobacco products in which cigarettes with aromatic substances are placed,” said Kanari.

  • GTNF 2023: BAT Outlines 5-Step Vapor Rules Plan

    GTNF 2023: BAT Outlines 5-Step Vapor Rules Plan

    BAT has released a blueprint for how regulators and governments could better regulate vapor products and help smokers switch to less risky products.

    During DTNF 2023, held from Sept 18-20 in Seoul, BAT’s Global Head of Business Communications, Jonathan Atwood, told attendees how BAT’s five-step plan for regulation could support achieving the right balance between harm reduction and the unintended consequences of access, including underage use.

    Speaking on behalf of Kingsley Wheaton, BAT’s Chief Strategy & Growth Officer, Atwood said that reckless players in the market need to be penalized when they do not abide by the rules. He said the five suggestions are the areas that regulators should explore and establish “smart regulation” that is right for their market.

    “First, on-device technology and functionality: vapor products should be accessible only to adults. Both underage prevention and restriction is crucial. On-device technology, when applied and enforced across entire markets, could help in this regard.

    “Second, more recognition is needed that flavors are an important driver of adoption for smokers seeking alternatives. However, flavors in vapor products should not particularly appeal to anyone underage.

    “Third is at the manufacturing and import level: ensuring that non-compliant products cannot reach the market in the first place.

    “Fourth, where no restrictions exist already, regulators may want to look at who should be able to sell vapor products and where. Reasonable safeguards at the point-of-sale would help ensure these products are sold only to adult consumers. Solutions such as retail licensing and facial recognition technologies should be seriously considered.

    “Lastly, enforcement and penalties: governments must wield their power and ensure consumers are purchasing legitimate products. Such measures should be rigorously enforced and those who fail to comply should face meaningful sanctions.”

    Atwood said BAT was calling upon governments, regulators, and industry peers to rally towards a sustainable and progressive environment in which vaping products are sold and marketed responsibly.

  • U.S. FDA Seeks New Industry TPSAC Nominations

    U.S. FDA Seeks New Industry TPSAC Nominations

    The U.S. Food and Drug Administration’s Center for Tobacco Products (CTP) is requesting nominations by Oct. 11, 2023, for a nonvoting representative of the interests of the tobacco manufacturing industry to serve on the Tobacco Products Scientific Advisory Committee (TPSAC). Individuals may self-nominate or be nominated by any interested person or organization.

    In addition, the CTP is seeking any industry organizations interested in participating in the selection of this TPSAC nonvoting representative.

    Nomination materials for prospective TPSAC candidates and letters from industry organizations interested in participating in the selection process should be sent to the CTP by Oct. 11, 2023. Please see the Federal Register notice for further details on the nomination and selection procedures.

    TPSAC advises the CTP in its responsibilities related to the regulation of tobacco products. The committee reviews and evaluates safety, dependence and health issues concerning tobacco products and provides appropriate advice, information and recommendations to the FDA commissioner.