Tag: vaping

Washington State Cracking Down on Online Retailers
Internet vape shop sales are facing fines as the U.S. state of Washington investigates online e-cigarette retailers. Washington’s Attorney General Bob Ferguson announced the results of a dragnet that caught five companies caught violating Washington’s age verification law, yesterday. Those fines amount to a total of $132,000 to the Attorney General’s Office, which will go toward continued enforcement of the law, according to a press release.
The five companies also entered into legally binding agreements with the agency to change their advertising and online sales practices to comply with Washington’s youth access law. The Attorney General’s Office says it “has or will” file lawsuits against two more companies for the same issues.
Credit: Free-Photos
For the investigation, the agency assembled a list of 148 online vapor product retailers. Investigators then posed as minors or used false identifying information and attempted to make purchases of nicotine-containing vapor products. “Washington’s law requires stringent age verification for online sales of vapor products. For example, vapor product sellers must verify the buyer’s age using a third-party service to crosscheck and confirm the buyer’s identity,” the release states. “Seven of the 148 targets illegally sold products to the investigators without verifying the ages of the purchasers, including one that completed the sale even when the investigator indicated they were 17 years old.”
The sting caught two additional companies that failed to cooperate with the investigation, according to the release.
In order to sell vapor products to Washington residents, retailers must do the following:

Clearly state Washington’s minimum legal age of purchase on their website;

Use a third-party verification service to confirm the purchaser’s name, age, and residential address;

The retailer then needs to verify the credit card information, and it has to match the information the purchaser provides;

Then they have to get a signed certification from the purchaser, saying they are who they say they are, and they are of legal age to purchase vapor products;

When the package ships, the shipping documents need to clearly state the package contains vapor products;

And the package needs to contain information about Washington law regarding the purchase of vapor products by minors.
Many sites used an “age gate,” requiring visitors to either confirm they were of “legal smoking age,” or enter their birth date to confirm their age, according to the release. Investigators tried to enter a birth date for a 17-year-old into the age gate on each site. All but one rejected that attempted purchase.
If the investigators got rejected by the age gate, they entered a fake birth date indicating they were of legal age, and used fake identifying information to make their purchase. If a company was following Washington State law, this information “was impossible to verify, and they were not allowed to make a purchase,” according to the release.
December 16, 2020
Health Expert Wants Malaysia to Focus on Harm Reduction

Credit: Auremar / Dreamstime.com
The Malaysian government wants to reduce the number of smokers in the country by 15 percent by 2025. They are hoping to accomplish the goal through regulation and taxation, however, not by exploring less-risky nicotine products.
According to an article in The Sun Daily, previous measures such as raising taxes and the price of tobacco in a bid to reduce consumption had not only been ineffective, but also catapulted the growth of the illegal cigarette market.
During the third virtual Scientific Summit on Tobacco Harm Reduction 2020 in September, public health expert professor Sharifa Ezat Wan Puteh, was quoted saying that the tobacco harm reduction strategy could be used as an alternative solution. However, it would face many hurdles as it was still not well-received by Malaysians in general.
She said there were still concerns over the efficacy of non-tobacco nicotine products on top of the notion that e-cigarettes could increase smoking gateways among youths, adding that there was also the issue of no proper monitoring of tobacco alternative products, electronic nicotine delivery systems (ENDS) and heat-not-burn (HnB) products, such as IQOS.
At the moment, rules and regulations only cover the selling of nicotine products and are categorised under the Poison Act 1952. This clearly states that the supply and sale of any preparation containing nicotine is only allowed by licensed pharmacists and registered doctors for the purpose of treatment.
Sharifa was speaking as a panellist during the summit’s discussion titled “Tobacco Harm Reduction in low- and middle-income countries”, where she told the panel the government was taking a harder stand with its plan to introduce the standalone Tobacco Control Act to replace the Control of Tobacco Products Regulations 2004, which seeks to tighten control on all types of tobacco products.
Speaking on the sidelines, she told the newspaper the new act will deem nicotine products, including vapes and HNB devices, as tobacco products and will be enforced as such and likely to be totally banned. “This means only vape with non-nicotine e-juices will be allowed in the market,” she said. “This would only lead to less ‘safer choices’ for hard core smokers to transition to safer practices and options.”
She added that combustible cigarettes have been known to be more hazardous not only to the smoker themselves but also to those around them as opposed to the alternatives like vapes and HnB due to the lack of tobacco combustion. This, she said, was compounded with the large availability of contraband and illicit cigarettes that are abundant in the market at a low cost.
Sharifa also acknowledged there has been a visible dip in smoking prevalence in the country following its rigorous anti-smoking strategy nationwide. However, she said it could not be taken wholeheartedly since the authorities were unable to determine whether former users had switched to contraband cigarettes, vapes, HnB or that they had truly quit smoking.
“No proper study has been concisely implemented to look at the nature, but nicotine replacement therapy (NRT) is very common in Malaysia. However, implementation wise, it does have its concerns of access, lack of availability, and standardisation across urban and rural areas, and lack of trained health personnel in rural settings,” she said. “Many studies have shown that all types of nicotine products such as vapes, ENDS and NRT rate is curtailing persistent smokers are almost similar.”
December 14, 2020
South Africa Vaping Ban Ruled Unconstitutional

Photo: David Carillet – Dreamstime.com
South Africa’s ban on vaping and tobacco sales during the country’s hard lockdown earlier this year was unconstitutional, the country’s High Court ruled Dec. 11.
From March to August, the government prohibited sales of tobacco products and alcohol to help stem the spread of the coronavirus. Market leader British American Tobacco South Africa (BATSA) and smaller companies united in the Fair-trade Independent Tobacco Association (FITA) challenged the ban, arguing that a short-term ban on a product whose health risks become evident only in the long run makes no sense.
They also questioned the rationale of the argument around cigarette sharing. Tobacco shortages and high prices of black-market cigarettes would only increase the likelihood of smokers sharing their “stompies,” the tobacco companies said.
The government lifted the ban before the matter had been heard in court, but BATSA decided to proceed with the court action to prevent the ban from being reintroduced at a later stage of the pandemic.
In its ruling Friday, the Western Cape High Court judges who presided over the case said Regulation 45, which Minister Nkosazana Dlamini-Zuma relied upon for the ban, “cannot and does not withstand constitutional scrutiny.”
In court, the government had argued that the ban was aimed at reducing the occupation of intensive care unit beds by smokers. If people didn’t vape or smoke, they would likely not get Covid-19 in a more severe form, it argued. But BATSA maintained the government had not justified the ban in law or science.
Tobacco companies expressed satisfaction with Friday’s ruling.
“British American Tobacco South Africa has been vindicated in its view that the disastrous ban on tobacco sales was unjustified and unconstitutional after the Western Cape High Court ruled in its favor,” the company wrote in a press release.
“The five-month ban on tobacco and vapor products sales was ill-considered, unlawful and has worsened the illicit trade in cigarettes and vapor products in the country.”
“We note and welcome the judgment of the full bench of the Western Cape High Court, wrote FITA in a statement.
“The court further found Regulation 45 to be neither necessary nor that it furthered the objectives set out in section 27(2) of the Disaster Management Act. This, of course, was one of the arguments advanced by FITA in its challenging of the ban on the sale of cigarettes and tobacco-related products, which the full bench of the North Gauteng High Court erred in finding same to be necessary.”
In the wake of the court ruling, BATSA also renewed its call for South Africa to urgently ratify the World Health Organization Illicit Trade Protocol to eradicate the illegal sale of cigarettes. The company stated that ratifying the protocol is “the only way for the country to claw back tax losses resulting from the explosion in illicit trade that occurred during the ban on tobacco and vapor products.”
In July, BATSA estimated that the ban on legal cigarette sales had cost South Africa ZAR4 billion ($241.7 million) in lost excise tax revenues and 30,000 lost industry jobs.
December 14, 2020
Philippine Health Expert Wants Vapor Warnings to Match Risk
The health warnings for e-cigarettes and other vapor products should be different from warnings on combustible cigarettes, according to a health expert. Indonesian professor and medical expert Tikki Pangestu sought a distinction on the health warnings during the second Philippine Harm Reduction Online Forum held by Harm Reduction Alliance of the Philippines recently.
Photo: Vchalup | Dreamstime.com
“Health warnings on combustible cigarette packs should not be the same as those on the packaging of e-cigarettes and HTPs (heated tobacco products). This is because e-cigarettes and HTPs have been shown to be 90- to 95-percent less harmful than combustible cigarettes,” said Pangestu, visiting professor at the Yong Loo Lin School of Medicine at the National University of Singapore and former director for research policy and cooperation of the World Health Organization, according to an article in The Manila Times.
The implementing rules and regulations of Republic Acts 11346 and 11467 mandate the Department of Health to issue health warning templates for HTPs and vapor products. Pangestu said the health warnings should be “proportionate to the risk of smoke-free products.”
He suggested that health warnings could state that HTPs or vapes, while not free from harm, are “significantly less harmful” than combustible cigarettes.
“The health warnings could also indicate that smoke-free products are for adults only and should not be used by the youth,” Pangestu said. “There are many factors to be considered in developing regulations but in my view, such regulations must be based on the science and evidence around smoke-free products.”
December 13, 2020
Riot Squad Receives PMTA Acceptance Letter from FDA
Credit: Riot Squad
The U.S. Food and Drug Administration (FDA) has given an acceptance letter to the UK-based e-liquid manufacturer Riot Squad for its premarket tobacco product application (PMTA), the company confirmed today.
“We continue to move through the PMTA process and are very happy to get to this stage”, said Ben Johnson Riot Labs CEO. “We remain committed to working with the FDA throughout the process. With our award-winning products and flavors we continue to provide better alternatives to combustible tobacco products and look forward to working in this industry for many more years to come.”
The company confirmed that it had submitted PMTAs for seven flavors in three freebase nicotine strengths (0mg, 3mg and 6mg) and 2 nicotine salt strengths (20mg Hybrid and 48mg). The flavors submitted include:
Pink Grenade
Sub Lime
Tropical Fury
Blue Burst
Cherry Fizzle
Rich Black Grape
Ultra peach Tea
“Receipt of this acceptance letter is a significant milestone, which confirms that Riot Labs products have now met the statutory and regulatory requirements for a PMTA submission, based on Section 910 of the FD&C Act,” a press release states. “The application is now under preliminary scientific review, before going forward to substantive review by the FDA.”
The FDA requires applicants to show their products are appropriate for the protection of public health. Riot Labs began building its PMTA data in 2018. The process has taken over 2 years, with 7 applications and over 1.8 million pages of scientific data submitted, according to Johnson.
Riot Labs was established in 2016 by Johnson who has an extensive background in pharmaceuticals. He set out to build ‘Riot Squad’ into an innovative brand, with the aim of encouraging consumers to find the confidence to give up smoking and engage in a healthier alternative. Riot Squad products are now available in over 86 countries.
December 11, 2020
Tennessee Revenue Dept. says ‘No Tobacco, No Tax’
The Tennessee Department of Revenue stated in a notice on Wednesday that e-cigarettes, vape devices and hemp and herbal cigarettes without tobacco aren’t subject to the state’s tobacco tax.
Credit: ICB
When hemp and herbal product cigarettes don’t contain tobacco, they aren’t subject to the state’s tobacco tax, according to Notice 20-21, according to an article on law360.com.
E-cigarettes and vape devices transform liquids into gas and allow inhalation of vapor. While the liquid cartridges can contain nicotine and other compounds, they’re not subject to the tobacco tax because they don’t contain tobacco, the notice said. Smokeless oral nicotine patches also are not subject to the tobacco tax, the notice said.
The notice also said that while many new products are being introduced in the state, some with nicotine and others packaged like tobacco products, the department will not apply the tobacco tax to nontobacco products without statutory clarification on what is considered a tobacco substitute.
Tennessee imposes a tax on the privilege of selling cigarette and tobacco products. Cigarettes are taxed at 62 cents per pack of 20, and other tobacco products like cigars and snuff are taxed at 6.6% of the wholesale cost, the notice said.
December 10, 2020
Malaysia to Place Excise Tax on Vapor Starting 2021

Credit: Peter Nguyen
All imported electronic cigarettes, e-juices and other vaping products, including non-nicotine types, will face an excise duty beginning Jan. 1, 2021. Exceptions will be given to local manufacturers, Customs Department director-general Abdul Latif Abdul Kadir said today.
Excise duty would be charged on the devices at an “ad valorem” (according to value) rate of 10 percent, while liquids and gels will be charged a rate of SEN0.40 for each millilitre, he said.
Abdul Latif said local manufacturers would be licensed under Section 20 of the Excise Act 1976 with a licence payment of RM4,800 a year ($1,779), while the warehouse licence fees under Section 25 of the same Act would be RM2,400 a year, according to an article in Free Malaysia Today.
“Local manufacturers have to apply at the respective zone or state Customs Department offices where the factory or warehouse is located before Dec 15, 2020,” he said in a statement today.
Among other things, the applicants will have to declare the raw ingredients list, finished products list, manufacturing flow chart, annual manufacturing capacity, and acknowledgment of nicotine content in liquid or gel.
“Licence holders are required to comply with licensing guidelines and to attach a bank guarantee to secure the duty or tax,” he said.
Abdul Latif said manufacturers could refer to the FAQ page regarding the excise duty at the Customs website.
December 8, 2020
BAT: Scientific Committee Must Enhance Review Quality
Credit: Ousa Chea
The largest tobacco in Europe wants the European Commission scientific committee to enhance the quality of its ongoing review into e-cigarettes. British American Tobacco (BAT) highlighted several serious flaws in the committee’s research.
“The results of the review may pave the way for revisions to rules that affect millions of vapers across the EU,” BAT stated in a press note. The e-cigarette maker’s response highlights major flaws with the methodology and conclusions of the review.
The company states that, among other issues:
Fails to contextualize the risks of e-cigarettes relative to those associated with continued smoking.
Makes inaccurate claims regarding e-cigarettes many of which have been widely debunked by the scientific and public health communities.
Contains false assumptions that e-cigarette aerosol is the same as tobacco smoke.
Neglects landmark independent studies showing that many smokers view e-cigarettes as an acceptable alternative to smoking.
Relies on data from non-EU markets and studies on products pre-dating the current Tobacco Products Directive that are not relevant to the current EU context.
The SCHEER Committee (Scientific Committee on Health, Environmental and Emerging Risks) is an advisory body that was tasked with producing a scientific review of the health effects of e-cigarettes as part of the European Commission’s forthcoming review of the Tobacco Products Directive.
“If future regulations on vaping were to be based on the review as it stands now, they would be based on flawed evidence. We call on the SCHEER Committee to address the serious gaps in the review and reflect the weight of evidence supporting the harm reduction potential of e-cigarettes relative to continued smoking,” said Eric Sensi-Minautier, VP EU Affairs at BAT. “It’s important that the Commission bases any change to the rules on vaping on accurate scientific advice that has been conducted to the highest standards, to make sure the millions of European vapers who use e-cigarettes as an alternative to smoking can continue to access them. We take the science around e-cigarettes seriously and are leading our own weight of evidence review to advance understanding of this growing product category.”
BAT highlights the need for greater transparency and cooperation between all stakeholders including industry, government, scientists, public health bodies and academics.
October 31, 2020
Australian C-Stores Want Ability to Sell E-Cigarettes

Credit: Simona Sergi
Retailers in Australia want the government to allow small businesses that sell cigarettes and other nicotine products to also be allowed to sell less harmful alternatives such as vaporizers and e-cigarettes.
The Australasian Association of Convenience Stores (AACS) and the National Retailers Association (NRA) both claim that the federal Government’s decisions regarding the sale of smoke free tobacco products will hurt Australian retailers.
NRA Chief Executive Officer Dominique Lamb said that after the government’s reversal on its previous ban on vapor products, its policy position was getting weirder by the day, Convenience and Impulse Retailing.
“Last month, smoke-free tobacco products were deemed so harmful that the government decided they could only be sold at a chemist, by prescription, with visits to a doctor every three months,” Lamb said. “The same government says it will reverse its looming ban on importing vaping products, so individuals will be free to buy them from overseas dealers and have them shipped into Australia.”
Lamb said that the laws confuse consumers by regulating e-cigarettes and vaping products as controlled substances, yet anyone one can purchase them online from overseas retailers. “The only people who will be banned from selling smoke-free tobacco products will be the tens of thousands of mum-and-dad retailers who currently rely on cigarette sales but are desperate to offer their customers a less harmful alternative,” he said. “This government clearly supports overseas retailers as much as it supports big-box corporate pharmacy. It’s just a shame that it won’t support small, local Australian businesses.”
AACS has also pointed towards a growing black market for e-cigarettes and has highlighted the urgent need for Government to regulate the sale of these products through legitimate and responsible channels, according to the story.
“There are positive health outcomes available to Australians through the regulated, legal sale of e-cigarettes, given they are significantly safer for people to use than traditional tobacco. Unfortunately, by restricting the legal sale of products which are clearly in demand, the health impacts of the Government’s approach are decidedly negative,” AACS CEO Jeff Rogut says. “This refusal to catch up with the rest of the world in making safer choices easier for consumers has allowed the black market for vaping products of unknown ingredients and from dubious sources to grow in Australia.”
“Clearly, consumers are looking for safer alternatives to smoking. If health authorities are serious about helping people quit tobacco, they need to make vaping products legally available through responsible retailing channels urgently.
The recent interim decision by the Therapeutic Goods Administration (TGA) to make vaping products only available to people from pharmacies with a prescription is both dangerous to health and a missed opportunity for responsible retailers, the AACS says.
“Australia’s approach of making it harder for our citizens to access products that are safer for them is unique in a global context,” Rogut says.
October 27, 2020
NIH Grants $2.3 Million for Study on Vaping Pregnant

Credit: National Cancer Institute
Studies have shown that pregnant women who smoke increase the risk of their children having asthma, and that those children—even if non-smokers—can pass it on to their own children.
There have been few objective studies that evaluated the effects of vaping nicotine while pregnant. This week, investigators from The Lundquist Institute (LI) received a $2.3 million grant from the National Institutes of Health (NIH) to research the multi-generational effect of vaping, or smoking an electronic cigarette, while pregnant.
Using established models for the study, investigators will determine whether e-cigarette vapor increases the risk of asthma in the offspring of pregnant mice. They will go on to test whether those offspring, who will not be exposed to e-cigarettes, bear an increased risk of giving birth to offspring with asthma, according to a press release.
The study will also assess the effects of nicotine and e-cigarette flavorings on viability and the epigenetic memory of germ cells, seeking to determine how these new flavoring technologies affect cells.
August 4, 2020