Americas

9th September 2024: Guatemala: On 6th September, over 80 young people from different departments of Guatemala, along with deputy César Dávila – third secretary of the Guatemalan Congress and a member of the right-wing Bienestar Nacional (Bien) party, which is in opposition to the current government – participated in the Jóvenes en Acción (Youth in Action) congress. This event provided a platform for young participants to present their proposals, including a bill to regulate e-cigarettes due to concerns about their unrestricted sale and lack of regulation. Dávila said the Bien party would provide advice to help develop the proposal and gave his assurance that it would be followed up in Congress by 2025.
5th September 2024: US - Federal: A coalition of congressional Democrats filed an amici curiae brief to the Supreme Court urging the court to support the Food and Drug Administration (FDA)’s authority and actions to regulate e-cigarettes. The Supreme Court will hear the case FDA vs Wages and White Lion Investments LLC, dba Triton Distribution in the next session, which begins in October. In January, the US Court of Appeals for the Fifth Circuit found that the FDA had been arbitrary and capricious by denying premarket tobacco product applications (PMTAs) without considering plans by the companies to prevent under-age access and use. In the amici brief, the group of legislators argued that the FDA’s decision to reject these PMTAs was “carefully” reasoned. “Guided by Congress’ chief directive – to deny such authorization unless a product under review would be ‘appropriate for the protection of the public health’ … FDA has been appropriately mindful of children and teenagers, the most vulnerable pool of non-tobacco users,” the lawmakers wrote.
4th September 2024: Paraguay: Yesterday (3rd September), the Chamber of Deputies approved a bill that would comprehensively regulate electronic cigarettes, regardless of their nicotine content. It would introduce product restrictions similar to the ones envisaged in the European Tobacco Products Directive, labelling requirements and reporting obligations. The bill now moves to the Senate.
4th September 2024: US - Federal: The Food and Drug Administration (FDA) has issued new warning letters to manufacturers and distributors of e-liquid and electronic nicotine delivery system (ENDS) products that are “new tobacco products” without the required FDA marketing authorisation to remain in the market.
4th September 2024: Brazil: The Senate Economic Affairs Committee's vote on the bill to regulate e-cigarettes with and without nicotine and heated tobacco products didn't make it onto the agenda for yesterday's (3rd September) session, press reports. A new date for the debate on the bill has not yet been set.
3rd September 2024: Paraguay: Tomorrow (4th September), the Senate will debate a bill, introduced by a single member of the parliament from the ruling party, that would comprehensively regulate electronic cigarettes, regardless of their nicotine content. Provisions would include product and ingredient restrictions (similar to the ones envisaged in the European Tobacco Products Directive), reporting obligations, labelling requirements and advertising, age and public usage restrictions. The bill will progress in parallel to two other bills recently discussed in the parliament, one seeking to ban the sale and advertising of electronic cigarettes and another one that would introduce similar measures to the bill that will be discussed tomorrow.
2nd September 2024: US - Federal: The US Food and Drug Adminstration (FDA) has issued a final rule increasing the minimum age for certain restrictions on sales of tobacco products, including e-cigarettes. From 30th September, retailers must ask any purchasers of tobacco products under the age of 30 for photo identification (currently, this requirement is for customers under 27). In addition, vending machines with tobacco products will not be permitted unless under-21s have their access restricted to these facilities (currently, this requirement is for under-18s). “Today’s rule is another key step toward protecting our nation’s youth from the health risks of tobacco products,” said Brian King, director of the FDA’s Center for Tobacco Products. He added: “Decades of science have shown that keeping tobacco products away from youth is critical to reducing the number of people who ultimately become addicted to these products and suffer from tobacco-related disease and death.”
2nd September 2024: US - Minnesota: Attorney general Keith Ellison has sent a letter to more than 5,000 tobacco distributors and retailers asking them to confirm they will comply with Minnesota law and stop distributing, marketing and selling unauthorised and illegal flavoured tobacco products in the state. These products include flavoured e-cigarettes and flavoured nicotine pouch products that have not been authorised for sale by the US Food and Drug Administration (FDA). In the letter, Ellison notes that many unauthorised and illegal tobacco products on the market today include e-cigarette and oral nicotine pouch products that feature candy, fruit or dessert flavours that particularly appeal to minors.
27th August 2024: US - General: Altria Group has announced that it and its operating company, Njoy, have responded to the US International Trade Commission (ITC) administrative law judge’s initial determination in favour of Juul Labs regarding a patent infringement complaint. Last week, the judge provided notice of her initial determination recommending the ban on the import of Njoy’s Ace device into the US. Altria and Njoy disagree with this decision and plan to present their position to the full ITC, which will make a final decision by 23rd December. In August 2023, Njoy filed a similar, independent patent infringement complaint against Juul, with the ITC seeking a ban on the import and sale of Juul products in the US. A hearing before the administrative law judge was held in June 2024, and an initial determination is expected in late September.
23rd August 2024: Colombia: Carolina Giraldo of the Green Alliance, one of the ruling parties, has introduced a bill to subject vaping products to an excise duty. The bill has not yet been published and no further details of the type of tax proposed have been revealed. However, Giraldo said the government expects to collect COP1.4bn ($350,000) of tax revenue, which will be directed towards health and sports policies.
21st August 2024: Brazil: The Senate Committee on Economic Affairs removed bill 5008/2023 from yesterday’s vote schedule. The bill would legalise e-cigarettes with and without nicotine, heated tobacco products and herbal heated products, and would introduce a regulatory framework for all of these products. Bill 5008/2023 should return to the committee’s agenda on 3rd September. If voted favourably, the bill still has a long path ahead.
20th August 2024: Brazil: Today, the Senate Committee on Economic Affairs will vote on bill 5008/2023. The bill would legalise e-cigarettes with and without nicotine, heated tobacco products and herbal heated products, and would introduce a regulatory framework for all of these products. If voted favourably, the bill still has a long path ahead as it would need to be considered in plenary by senators and then reviewed by the Chamber of Deputies.

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