Tag: regulation

  • Advocates Clarify Science Controversies Ahead of COP10

    Advocates Clarify Science Controversies Ahead of COP10

    Photo: Alliance

    Tobacco harm reduction advocates are keen to clarify controversies surround the science on nicotine and vaping ahead of the Conference of the Parties (COP10) to the World Health Organization’s Framework Convention on Tobacco Control (FCTC), which will take place in November 2023.

    The Coalition of Asia Pacific Tobacco Harm Advocates (CAPHRA) has written FCTC delegation heads to help inform their respective countries’ positions.

    In its letter, CAPHRA notes that two high-profile studies, which have been quoted by tobacco controllers regarding the dangers of nicotine and vaping, have since been retracted and removed from significant medical journals.

    “The first retraction is an article published in February 2022 in The World Journal of Oncology, claiming that nicotine vapers face about the same cancer risk as cigarette smokers,” CAPHRA wrote.

    Another article, in the Journal of the American Heart Association, which reported an association between vaping and heart attacks was also retracted. Astoundingly, advocates noted, this article is still used as a reference in the FCTC guidelines around e-cigarettes.

    Consumers’ rights to choose to use less harmful products to switch from smoking remain under tremendous threat from FCTC’s continuing failure to address scientific evidence, democratic processes and human rights.

    In addition, the THR regional advocacy group sent delegates a bibliography of key and current studies that disprove some of the more outrageous claims around harm.

    On the supposed “youth vaping epidemic,” CAPHRA noted “a new survey from the Centers for Disease Control and Prevention and Food & Drug Administration suggests that youth vaping rates appear to be dropping, compared to pre-pandemic levels… In fact, youth vaping in the U.S. has plummeted by 60 percent over the past two years.’  

    “Consumers’ rights to choose to use less harmful products to switch from smoking remain under tremendous threat from FCTC’s continuing failure to address scientific evidence, democratic processes and human rights,” says CAPHRA executive coordinator Nancy Loucas.

    The CAPHRA representatives reminded the health leaders that the FCTC has a mandate to pursue Harm Reduction as a core tobacco control policy—a position it has failed to acknowledge or implement since its inception, according to CAPHRA.

    “WHO and its FCTC continue to press for signatory states to adopt ever more restrictive policies, including outright bans, based on dubious science. Delegates to COP10 should be representing the rights and aspirations of the citizens,” wrote the CAPHRA member organizations.

    “Consumers have the right to make choices that help them avoid adverse health outcomes and smokers have the right to access less harmful nicotine products as alternatives to smoking. Please take account of these rights when making and presenting your submissions to COP10,” the letter concluded.

  • Fifth Circuit Grants Triton Rehearing Before Full Court

    Fifth Circuit Grants Triton Rehearing Before Full Court

    Fifth Circuit Court of Appeals

    The U.S. Court of Appeals for the Fifth Circuit granted Wages and White Lion Investments LLC, doing business as Triton Distribution, and Vapetasia LLC’s, request for the full court to re-hear Triton’s appeal of its marketing denial order (MDO), according to a court order handed down today.

    Triton lost before a three-judge panel in July, but attorneys for Triton then filed a petition for a rehearing en banc by the entirety of the Fifth Circuit.

    Most circuit court appeals are decided by a three-judge panel, however, the special circumstances surrounding the U.S. Food and Drug Administration’s denial of Triton’s premarket tobacco product applications (PMTAs) motivated the court to allow a majority of the active judges (an estimated 17 judges) to vote to rehear the case “en banc.”

    The FDA rejected applications to market 55,000 flavored e-cigarettes in August 2021, including Triton’s, and said applicants would likely need to conduct long-term studies establishing their products’ benefits to win approval.

    A Fifth Circuit panel in October then agreed with Triton’s claim that the new requirement for long-term studies differed from earlier FDA guidance and called the action a “surprise switcheroo” and the panel allowed Triton to keep selling its e-cigarettes until another panel could hear its appeal.

    The court then denied Triton’s request for review of the agency’s MDOs in a 2-1 decision.

    The Fifth Circuit will hear the en banc argument in Wages and White Lion Investments v. U.S. Food & Drug Administration in May.

  • Italy Announces Rules for Ban on Indoor Vaping

    Italy Announces Rules for Ban on Indoor Vaping

    New measures against nicotine products will be introduced in Italy to address the prevention and fight against vaping and smoking.

    Italy’s health minister, Orazio Schillaci, announced new measures against vaping and other tobacco products to achieve a “tobacco-free generation,” reports Euractiv.

    “Measures will have to be taken to guarantee all citizens maximum protection of their health, a fundamental right of the individual and an interest of the community,” said Schillaci.

    Smoking rooms indoors will be banned, and the ban on smoking in open-air places in the presence of minors and pregnant women will be extended.

    E-cigarettes and heated-tobacco products will also be included in the ban, taking into account “the constantly increasing diffusion of new products on the market and the growing evidence on their possible harmful effects on health.” Plans to extend the cigarette advertising ban to new nicotine-containing products are also in place.

    “This process aims to allow the different multiple interests related to tobacco products, involving economic ministries, not to override health protection,” Schillaci said.

  • New Mexico Lawmakers to Consider Flavor Ban

    New Mexico Lawmakers to Consider Flavor Ban

    New Mexico State Capitol at dusk (Credit: Ball Studios)

    A New Mexico lawmaker is proposing a ban on all flavored vaping and other tobacco products. The bill would stop the sale of any vaping or other tobacco product that has any flavoring added. The representative behind this bill says the main goal is to stop kids from getting hooked on nicotine.

    “Most of my sales are all flavored stuff. There’s far few and in between that will come and be like ‘I just want nothing flavored,’” says Sabrina Garley, manager of Biroska SmokeShop, a vape vendor in New Mexico, according to KRQE.

    Local smoke shops around Albuquerque say they fear a bill banning these flavored tobacco products like e-cigarettes and vapes will hurt their business. “I thought, ‘we’re going down.’ Definitely, definitely one of our biggest sellers. We’d have to figure out something else to replace that,” Garley says.

    House Bill 94 is sponsored by Las Cruces State Representative Joanne Ferrary. “House Bill 94 will prohibit the sale of flavored tobacco products and it will define the terms and make sure that we aren’t losing a new generation of kids to nicotine,” Ferrary says, “By removing the flavored tobacco products from the market, it will keep kids from gravitating towards any of the flavors on the market.”

  • Calls for Scotland to Ban Disposable Vape Devices

    Calls for Scotland to Ban Disposable Vape Devices

    A lawmaker in Scotland is calling for a ban on disposable vapes “after Scotland’s streets became a plastic dumping ground.”

    Green MSP Gillian Mackay said city parks have become clogged up by disposable plastic vaping products, which experts say are a threat to children’s health and a menace to wildlife and she will urge the Government to introduce a ban on disposable plastic vapes.

    Mackay warned the single-use devices were turning up more and more on streets and in beach clean-ups – and claimed they could become “the cotton bud of their time,” according to the Daily Record.

    It comes after the Scottish Government last year banned most types of single-use plastics as part of efforts to shift to a “circular economy” with fewer items wasted. But disposable e-cigarettes weren’t affected, and they’ve exploded in popularity since 2021 with a 14-fold increase in their use among vapers over more eco-friendly rechargeable products.

    Mackay recently also called for a ban on flavored vaping products and all advertising for vaping products.

    Research last year found 1.3 million single-use vapes are being discarded every week in the UK, enough to cover 22 football pitches – an average of two thrown away every second.

    Recycling the products is also tricky as inside the plastic are valuable lithium batteries. Campaigners say the number of batteries chucked away would be enough to power 1200 electric cars.

  • Bangladesh Vape Group Calls for Stakeholder Input

    Bangladesh Vape Group Calls for Stakeholder Input

    Credit: Ser

    The Bangladesh Electronic Nicotine Delivery System Traders Association (BENDSTA) called on authorities to consult with all stakeholders before making any policy decisions on vaping at a press conference held in the capital city of Dhaka on Tuesday.

    The organization also called for excluding vaping and other electronic nicotine delivery systems (ENDS) products from the proposed amendment of the Smoking and Tobacco Products Control Act 2005 (amended in 2013), according to a press release.

    BENDSTA fears that if a decision to ban vapes is taken after ignoring credible scientific evidence, it will jeopardize the Prime Minister’s vision of making the country tobacco-free by 2040.

    Many former smokers who successfully quit smoking cigarettes using vaping devices might resort back to smoking traditional cigarettes again if vaping gets banned in the country.

    Not only will this increase the number of smokers in the country, but the government will also lose the opportunity to balance its health and revenue agenda from an emerging sector, BENDSTA speakers said.

    BENDSTA President Masud Uz Zaman criticized the country’s health authorities for not including the association as relevant stakeholders in the process of developing such a crucial policy framework.

    “If any amendment is proposed regarding vaping, we are definitely an important stakeholder. It is unreasonable to not take our opinion and completely exclude us from the law-making process. Despite sending letters to the Ministry of Health repeatedly, they have refrained to sit with us to discuss the issue,” Zaman said.

    Zaman stressed that these tobacco harm reduction products should be made legal and regulated sensibly to achieve the Prime Minister’s vision of a tobacco-free nation.

    The proposed amendments called for a total ban on vaping products.

  • Mexico Bans Public Smoking, Vape Rules to Tighten

    Mexico Bans Public Smoking, Vape Rules to Tighten

    Credit: Sezerozger

    After banning the sale of all vaping products, Mexico has implemented one of the world’s strictest anti-tobacco laws by enacting a complete ban on smoking in public places.

    The move also includes a total ban on the advertising, promotion and sponsorship of tobacco products, which means that cigarettes cannot be displayed inside shops. The step was first approved in 2021.

    E-cigarettes and heated tobacco products are also facing tighter new restrictions, particularly indoors, as per BBC. Last year, Mexico banned the import, sale and distribution of vaping and heated-tobacco products.

    The existing 2008 law in Mexico is responsible for smoke-free spaces in bars, restaurants and workplaces. The same law extended to a total ban in all public spaces including parks, beaches, hotels, offices and restaurants.

    Several other Latin American countries have also passed legislation to create smoke-free public spaces. Last year for example, Panamanian President Laurentino Cortizo also signed legislation banning the sale of vapor products in his country.

    However, Mexico’s legislation is considered to be the most robust and wide-ranging in the Americas.

    However, some smokers are dismayed at the draconian nature of the new law. In essence, it means that many will only be allowed to smoke in their homes or other private residences.

    Others have raised questions about the practicalities of enforcing the law.

    With police corruption so rampant in Mexico, many fear that rather than issuing real fines or punishments for smoking in public, some officers will use it as a pretext for taking bribes.

  • New York Governor Calls for Statewide Flavor Ban

    New York Governor Calls for Statewide Flavor Ban

    Credit: New York Governor Kathy Hochul

    Gov. Kathy Hochul delivered her State of the State address and wasted no time in setting her sights on heat-not-burn and other flavored tobacco products, including menthol cigarettes. The state already prohibits the sale of flavored vaping products. 

    New York’s new full-term governor outlined some tobacco policy changes she would like enacted, including both a ban on the sale of all flavored tobacco products and a $1 per pack increase in combustible cigarette taxes from $4.35 to $5.35.

    The Campaign for Tobacco-Free Kids, one of the most prominent anti-tobacco groups in the world, which is supported by former New York City Mayor, Michael Bloomberg, praised Hochul’s plans. Any changes to New York tobacco laws would first need to be passed by the state’s legislature.

    “These actions are projected to reduce the number of young people smoking cigarettes by 9 percent, prevent 22,000 youths from becoming adult smokers and prevent premature deaths caused by smoking,” Hochul’s office wrote in the State of the State booklet.

    California and Massachusetts are the only states with bans on the sale of flavored tobacco products,

  • Hong Kong Bans all CBD Products Beginning Feb. 1

    Hong Kong Bans all CBD Products Beginning Feb. 1

    Credit: Proxima Studio

    Hong Kong announced that it will ban all products containing cannabidiol (CBD) beginning on Feb. 1. CBD will be added to the Dangerous Drugs Ordinance (DDO) and will join over 200 substances already listed in the ordinance (including fentanyl, ketamine, heroin, and many psychoactive compounds, eg lysergamides).

    CBD will be added with the already covered “cannabinol and its tetrahydro derivatives (THC); and their 3-alkyl homologues.” Following this change, anyone who possesses or consumes CBD faces up to seven years in jail and fines of up to HK$1 million ($128,000). Manufacturers of CBD may also face life imprisonment, according to Lexology.

    While many users around the world have been promoting the anxiolytic and pain-relieving properties of CBD, Hong Kong’s Security Bureau has taken the view that such claims “lack authoritative scientific proof”. This directive appears to be in line with the ban imposed in China last year for the use of CBD in cosmetic products.

    From the Government reports it remains unclear as to whether other cannabinoids (e.g., CBG, CBDV, CBC, etc.) will be included in the ban. However, from the Narcotics Division memorandum in November, the main concern of the Government appears to be with CBD products that may contain some THC, either “through decomposition or conversion”, and the lack of international regulations for such products.

    “It does appear that with better international regulation and scientific data it is conceivable that the policy around CBD may change again in the future,” the authors write. “Therefore, given that there are no restrictions in Hong Kong for pursuing patent protection for CBD and related technologies, it remains prudent to maintain patents and pending applications in Hong Kong for CBD-related innovations should the position in Hong Kong change, as we have seen in other countries in the region, such as South Korea, Malaysia and Thailand.”

  • New Zealand Solicits Feedback on Vaping Restrictions

    New Zealand Solicits Feedback on Vaping Restrictions

    Photo: Brian Jackson

    New Zealand’s government is seeking feedback on measures to help reduce the number of young people vaping, reports a The Times Online.

    According to Associate Health Minister Ayesha Verrall, vaping is becoming increasingly popular among New Zealand youth, including among youngsters who have never smoked.

    “Vaping has a role to play in ensuring smokers who wish to quit smoking can do so using vaping products; however youth vaping rates are too high and we need to strike a better balance,” she was quoted as saying.

    The proposed measures include proximity restrictions for all new specialist vape retailers, so they are not near schools and sports grounds; restrictions on flavor names to avoid attracting youth; and restrictions on single-use vaping products, which are cheaper and more easily accessible than other e-cigarettes.

    In addition, the government wants to reduce the maximum concentration of nicotine salts in single-use products from 50mg/mL to 35mg/mL and require vaping companies to print serial or batch numbers on their products to make them traceable.

    The consultation document is available on the Ministry of Health website with submissions closing at 5pm on March 15.