Tag: regulation

  • Iowa City Seeking to Limit Tobacco, Vape Shops

    Iowa City Seeking to Limit Tobacco, Vape Shops

    Credit: Argus

    Iowa City Council is working to change some of the rules regarding the amount of tobacco and vape stores in town.

    In a work session on Tuesday, councilmembers discussed a 55 permit limit in the city (down from 62), a 500 ft. barrier from tobacco shops being near school or university property, and the ban of the sale of kratom, an herbal substance the gives stimulus effects, according to media reports.

    This is in addition to the moratorium on new tobacco permits that’s in place until December.

    Up in Smoke is among the tobacco and vape shops that sell kratom. While the owner is happy there won’t be as much competition in town, he said it is concerning that the city is looking to ban kratom, as the shop is already dealing with the aftermath of the new state law limiting THC in products.

  • Costa Rica Bans Vaping in Public Places

    Costa Rica Bans Vaping in Public Places

    Credit: Adobe Stock

    Costa Rica has banned vaping in public places such restaurants, offices and educational institutions, reports The Tico Times.

    The move follows a dramatic increase in vaping-related disorders. In 2023 alone, the Costa Rican Social Security Fund recorded 14 cases of vaping-related intoxication, including nine minors, with seven requiring hospitalization.

    Vaping has become increasingly popular among young people in recent years. Gabriela Rojas of the Institute on Alcoholism and Drug Dependence (IAFA) warned that electronic cigarettes contain harmful chemicals.

    “The tobacco industry has cleverly marketed these products, using technology, attractive colors, and various flavors to target underage individuals,” said Zeanne Gonzalez, another IAFA official.

  • States 2.0 Act may Clarify State, Federal Pot Rules

    States 2.0 Act may Clarify State, Federal Pot Rules

    VV Archive Photo

    In light of the widespread nullification of federal marijuana prohibition, the rising public support for legalization, and the potential excise revenues, policymakers are compelled to seriously consider significant reforms to federal marijuana policy. Last December, members of Congress introduced the STATES 2.0 Act, which would remove marijuana from the Controlled Substances Act, federally legalize its sale and use, and allow for interstate commerce.

    A defederalized marijuana prohibition policy would allow states to decide for themselves whether cannabis would be legal within their borders—which they have already been doing for decades—and how that legal cannabis market would be taxed, writes the Tax Foundation.

    What legal markets already exist are burdened by federal prohibition and punitive taxation, which keeps prices substantially higher than illicit markets. Bolstering black markets is a common unintended consequence of prohibition, and marijuana has been no different—even with existing state legalization. Revisions to federal cannabis policies, such as those in the STATES 2.0 Act, would give much-needed reform to a market struggling with a messy policy landscape.

    Regulating Cannabis Markets

    Instead of enforcing marijuana prohibition through the Drug Enforcement Administration, the STATES 2.0 ACT would rely on the Food and Drug Administration to regulate marijuana products permissible in US markets and the Alcohol and Tobacco Tax and Trade Bureau (TTB) to track products and collect taxes. Federal and state law enforcement would be able to shift focus and budgets away from petty offenses for marijuana possession toward removing more dangerous substances from illicit markets and preventing violent and property crimes.

    The recent failings of the FDA to properly facilitate a legal vaping market may call into question its ability to do the same for cannabis, and there are more efficient ways to ensure product safety. However, the STATES 2.0 Act specifies that no premarket approval would be required, which would preclude the type of disaster inflicted on the vaping market.

    Allowing legitimate businesses to manufacture and sell cannabis products, as well as allowing banks to do business with a legal cannabis industry, would do much to enable a safe, legal market to undercut the existing black markets dominated by cartels.

    The STATES 2.0 Act would allow interstate commerce in cannabis and cannabis products when traveling between states that have provided for legalized cannabis within their borders, even if passing through states that have chosen to keep marijuana illegal.

    TTB would be responsible for administering a national track-and-trace system. Similar track-and-trace systems are already in place within states that have legalized recreational marijuana, allowing states to track marijuana plants from seed to consumer sale.

    A federal system administered by TTB could incorporate existing state systems into a national database. TTB would also enforce consistent and timely tax collections.

  • Nicotine Pouch Sales Rising at Haypp Group

    Nicotine Pouch Sales Rising at Haypp Group

    Photo: Haypp Group

    The Haypp Group, the world’s largest online retailer of nicotine pouches, reported net sales of SEK942.8 million ($89.66 million) for the second quarter of 2024, up 23 percent over the comparable 2023 period.

    Gross profit increased to SEK135.2 million, corresponding to a gross margin of 14.3 percent. Adjusted earnings before interest and taxes rose to SEK34.4 million, mainly due to the higher gross margin, increased volume as well as efficiency gains, partially offset by continued investments into additional capabilities.

    The company’s nicotine pouch volume grew by 43 percent over the second quarter of 2023.

    “Haypp group continued to show a very strong performance in the second quarter with YoY Nicotine Pouch volume growth of 43 percent,” said Haypp Group CEO Gavin O’Dowd in a statement.

    “This is accelerating from prior quarters as the category continues to thrive in our growth markets due to the increasing appetite for risk reduced products. While the category experienced some turbulence in the USA during the quarter, we were well positioned and our volume grew around 70 percent. The investments in our business operations have continued to deliver value with an increase of 68 percent in our adjusted EBIT. This robust growth, over many years shows how robust our business is, irrespective of the economic environment.”

    The Haypp Group’s interim report is available here.

  • Taiwan Mulls Ban on 27 Kinds of Flavor Chemicals

    Taiwan Mulls Ban on 27 Kinds of Flavor Chemicals

    Photo: Hertz Flavors

    The Ministry of Health and Welfare wants to ban 27 types of chemicals from being used in tobacco products, vapes and heat-not-burn devices, reports The Taipei Times.

    The list includes vanillin, maltol and heliotropin among other chemical compounds commonly used as additives in flavored tobacco products. Without these substances, manufacturers would be unable to produce popular flavors such as caramel, butter, almond, rose, coconut, raspberry, vanilla and cheese,

    The new proposal would enable the ministry to remove more than half of flavored tobacco products from the market, according  to Lo Su-ying, who heads the Health Promotion Agency’s Tobacco Control Division.

    Under the draft rule, manufacturers and importers of products containing the banned substances would risk fines of between NTD1 million ($30,846) and NTD5 million, while sellers would incur penalties of between NTD10,000 and NTD50,000.

     The government will subject the proposal to a 60-day public consultation.

  • Activist Decry New Zealand’s Disposables Ban

    Activist Decry New Zealand’s Disposables Ban

    Photo: YarikL

    Vaping activists have expressed concern about New Zealand’s decision to ban disposable e-cigarettes.

    The New Zealand Ministry of Health announced the ban with the intention of reducing adolescent vaping. The new regulations prohibit the manufacture and sale of all non-rechargeable and non-refillable vapes, including single-use containers such as pre-filled tanks, pods and cartridges.

    The World Vapers Alliance (WVA) warned that the ban could undermine New Zealand’s progress in reducing smoking rates.

    “Preventing teenagers from using nicotine products is essential, and strict age regulations should be enforced to achieve this goal,” said WVA Policy Manager Alberto Gómez Hernández in a statement.

    “However, banning disposable vapes and various pod systems for adult consumers will have negative public health implications and jeopardize the progress towards a smoke-free society achieved in the last decade. This approach fails to recognize the vital role disposable vaping products play in helping smokers transition away from cigarettes.”

    The Coalition of Asia Pacific Tobacco Harm Reduction Advocates (CAPHRA) expressed similar reservations. “We understand and support the government’s intent to curb youth vaping,” said CAPHRA Executive Coordinator Nancy Loucas.

    “However, the proposed ban on disposable vaping products, including prefilled tanks, pods and cartridges, will create substantial barriers for adults who smoke and older vapers. Many of these individuals rely on simpler, disposable products due to difficulties with dexterity and the complexities of refillable devices. This ban could force them back to smoking cigarettes, which is counterproductive to the Smokefree 2025 goal.”

  • Malaysian Activists Concerned About Vape Rules

    Malaysian Activists Concerned About Vape Rules

    Image: Butenkow/Usama

    The Malaysian Vapers Alliance (MVA) is voicing concerns about the potential impact of the Control of Smoking Products for Public Health Act 2024 (Act 852) on the vaping community.

    With Act 852 currently in its final review at the Attorney-General’s Chambers, the MVA is urging lawmakers to consider the consequences of overly stringent regulations on vapers, especially ex-smokers who have quit smoking by switching to vaping.

    A survey conducted by the MVA last year revealed 73.7 percent of vapers in Malaysia are former smokers. The MVA cautions the government that classifying vaping products in the same category as cigarettes under the new regulations, including strict measures like a ban on display of vape products, could drive these ex-smokers back to smoking cigarettes. This shift would undermine public health efforts to reduce smoking rates.

    We urge the government to adopt a balanced approach that recognizes the harm reduction potential of vape and provide a supportive environment for vapers to stay off tobacco.

    Khairil Azizi Khairuddin, president, Malaysian Vapers Alliance

    Khairil Azizi Khairuddin, president of the Malaysian Vapers Alliance emphasized the importance of separate regulations between vape and tobacco products to prevent a regression in public health outcomes.

    “Harsh regulations that fail to distinguish between vaping and smoking, like banning the display of vape products, could see many vapers, who have successfully quit smoking traditional tobacco, to revert to their old habits,” Khairil Azizi Khairuddin said. “Such a shift not only jeopardize their health but also reverses nationwide progress in reducing smoking prevalence in Malaysia.”

    “We urge the government to adopt a balanced approach that recognizes the harm reduction potential of vape and provide a supportive environment for vapers to stay off tobacco.”

    The MVA survey also revealed that the majority of vapers (80.1 percent) switched to vape as it helped them quit smoking. The implementation of harsh regulations, that do not consider these facts, could undermine the progress of reducing smoking rates in the country.

    “MVA calls on the ministry of health to ensure that the final version of Act 852 includes sensible regulations that support harm reduction and do not classify vaping products the same as cigarettes. We believe that informed and balanced regulation can protect public health while ensuring that vapers do not revert to smoking,” Khairil Azizi Khairuddin said.

  • Thailand: Critics Call for Targeted Vaping Laws

    Thailand: Critics Call for Targeted Vaping Laws

    Photo: Looker Studio | Carsten Reisinger

    Thailand should create a law specifically targeting vaping, Deputy Public Health Minister Thanakrit Jitareerat told the National Health Commission Office on Aug. 1, according to a report in The Taiger.

    With various agencies independently enforcing measures based on different laws, Thailand has been unable to halt the spread of vaping, according to the minister.

    “The measures we have rolled out to date have proved ineffective, so a specific law on the matter must be drafted as soon as possible, describing vaping as a serious threat to society,” Jitareerat was quoted as saying.

    National Health Commission Office Chairman Banjerd Singkaneti countered that the government should refine existing laws to provide clearer guidelines for authorities.

    “In the long run, possession of e-cigarettes should be clearly prohibited by law so that the police will have no excuse not to pursue legal action,” Banjerd said.

    The Office of the Consumer Protection Board seized 100,000 illegal e-cigarettes in 2023, up from 27,000 in 2020.

  • PMI Urges More Collaboration Against Illicit Trade

    PMI Urges More Collaboration Against Illicit Trade

    Photo: PMI

    International collaboration, stringent regulation and enforcement are the cornerstones in the fight against illicit trade, according to Rodney van Dooren, head of illicit trade prevention at Philip Morris International.

    Speaking at a trademark and brand protection conference, held in Delhi, July 23-24, van Dooren pointed out how prohibition has not been a viable option, while regulation and enforcement would be the solution to curb illicit trade.

    “Approximately 12 percent of the global cigarettes consumed are illicit, which impacts governments across the globe to the tune of $40.5 billion in tax losses, van Dooren said.

    “According to the Euromonitor report, one in four cigarettes consumed in India is illicit which translates to close to $2 billion in tax losses. There are various smuggling routes around the world for both counterfeit and contraband products, making this challenge not a domestic but a transnational issue that requires transnational solution.”

    Van Dooren urged authorities to better leverage the existing free trade agreements and provisions within the World Trade Organization to raise awareness with transit and source countries.

    “The next recommendation is to promote harmonization of existing gold standard regulations around ASEAN, supported by implementing rules, including the law enforcement agency that has jurisdiction and the related penalties,” he noted.

    “The adoption of the regulation requires manufacturers and exporters to ensure that the goods being exported comply with the destination market regulation. Additionally, in transshipment, adopt regulation that allows for inspection of suspicious shipments and exercise jurisdiction by Customs or any appropriate law enforcement agency on IP-infringing violations. Lastly, strengthen domestic enforcement effectiveness by enhanced cooperation with the legal industry and inter-law enforcement agency cooperation.”

  • Top Court Upholds Philippines FDA Vapes Authority

    Top Court Upholds Philippines FDA Vapes Authority

    Photo: natatravel

    The Supreme Court of the Philippines upheld its 2021 decision to grant the country’s Food and Drug Administration regulatory authority over the health aspects of tobacco products, reports the Inquirer.

    “All products affecting health, including tobacco products, are covered by the FDA’s mandate to ensure the safety, efficacy, purity, and quality of health products,” the Supreme Court said.

    “Thus, the inclusion of tobacco products in the implementing rules of the FDA Act is in accordance with the law,” it added.

    The case stemmed from an attempt to stop the enforcement of the FDA implementing rules and regulations. In a case filed in 2011 before the Regional Trial Court of Las Pinas City, the Philippine Tobacco Institute (PTI) alleged that those rules improperly expanded Republic Act No. 9711 by classifying tobacco products as health products.

    The PTI argued that under the Tobacco Regulation Act of 2003, the Inter-Agency Committee on Tobacco (IACT) had exclusive jurisdiction over tobacco products.

    In 2012, the Las Pinas court ruled in favor of PTI and nullified the provisions of the FDA implementing rules and regulations relating to tobacco.

    The Department of Health and the FDA then petitioned the Supreme Court for review, which overturned the Las Pinas court decision in 2021. The PTI then challenged the high tribunal’s ruling, but was rebuffed.

    The denial of the motions for consideration means the IACT and the FDA will continue to share authority over tobacco, with each overseeing different aspects of the trade.

    Under the Tobacco Regulation Act, the IACT is chaired by the trade secretary with the health secretary as vice chair and includes a representative of the tobacco industry as a member. The PTI previously held the position of representing the tobacco industry in the committee.