Americas

25th April 2024: Brazil: Following last Friday’s (20th April) decision by the National Health Surveillance Agency (Anvisa) to maintain the ban on e-cigarettes and heated tobacco, the agency published resolution 855/24, which replaces resolution 46/09. The new resolution prohibits all types of “electronic smoking devices”, which include e-cigarettes, heated tobacco, herbal heated products, devices and other products that may fall under this category. Advertising of these products as well as their use in enclosed public places are prohibited.
24th April 2024: US - Federal: The US Food and Drug Administration (FDA) has issued civil money penalties (CMPs) against 20 bricks-and-mortar retailers and two online retailers for selling unauthorised e-cigarettes, including Elf Bar. The agency previously issued warning letters to these retailers for selling these products, but follow-up inspections revealed that the retailers had failed to correct the violations. Accordingly, the agency is now seeking a CMP of approximately $20,000 from each retailer. According to the 2023 National Youth Tobacco Survey, Elf Bar was the most commonly used brand among middle- and high-school students who reported using e-cigarettes.
22nd April 2024: Brazil: Last Friday (20th April), the board of the National Health Surveillance Agency (Anvisa) unanimously decided to maintain the ban on e-cigarettes and heated tobacco. The ban includes the manufacture, import, sale, distribution, storage, transport and advertising of the products. It is also forbidden to enter the country with the products as a traveller. The authority stressed that while usage itself is not prohibited, use in indoor public places is not allowed.
17th April 2024: Canada: The minister of finance presented the Federal Budget 2024, which aims to increase the vaping excise duty rates by 12%. This increase is the equivalent of CAD0.12 (USD0.09) in a non-participating jurisdiction, or CAD0.24 (USD0.17) in a participating jurisdiction. This measure would take effect on 1st July 2024, along with the implementation of a coordinated taxation regime in Ontario, Quebec, the Northwest Territories, and Nunavut. It is estimated that this measure would increase federal revenues by CAD310m (USD225m) over five years starting in 2024-2025. The government also proposes to amend the Tobacco and Vaping Products Act to allow information sharing between government departments for the effective administration and enforcement of the forthcoming tobacco cost recovery framework.
17th April 2024: US - Federal: Tobacco researchers Benjamin Toll and Tracy Smith – partnered with Brian King, director of the Center for Tobacco Products at the US Food and Drug Administration (FDA) – wrote a commentary in Nature Medicine that sets out the relative risk of e-cigarettes compared with traditional combustible cigarettes. They emphasised that among adults who have already tried FDA-approved cessation medicines, if the choice is between continuing to smoke traditional cigarettes or switching completely to e-cigarettes, then a complete switch should be encouraged. When Toll and Smith say that e-cigarettes have fewer toxicants and cause less harm than cigarettes, they are specifically referring to the 23 tobacco-flavoured e-cigarettes that have received FDA authorisation for marketing. They believe that doctors can reasonably share that list of FDA authorised e-cigs with people who are struggling to stop smoking.
17th April 2024: Brazil: The National Health Surveillance Agency (Anvisa)’s board meeting – which was scheduled for today – to discuss, among other topics, the regulation of e-cigarettes and heated tobacco products (HTPs), has been postponed to Friday (19th April). The postponement is due to technical and operational problems.
16th April 2024: US - Federal: The US Food and Drug Administration (FDA) has issued marketing denial orders (MDOs) to Shenzhen Yibo Technology for 65 disposable e-cigarettes marketed as “MNGO Disposable Stick”. The products involved include flavours such as tobacco, menthol, pink lemonade, strawberry mango, watermelon freeze and iced banana, with each flavour offered in a range of nicotine concentrations from 2% to 6%. The MDOs also include several “clear” flavour products that were described by Shenzhen Yibo Technology as flavourless or unflavoured. The FDA said the data submitted in the company’s applications showed these products contained ingredients that are flavour enhancers or are known to impart a menthol or mint flavour. The products appeal to youth, the FDA said, citing the 2023 National Youth Tobacco Survey, which found nine out of ten current e-cigarette users reported using flavoured e-cigarettes – with fruit flavours being the most popular.
12th April 2024: Brazil: Following a public consultation that ended in February, the National Health Surveillance Agency (Anvisa) has scheduled a meeting for next Wednesday (17th April) to make a final decision on the regulation of electronic cigarettes and heated tobacco. The decision could be postponed if one of the directors requests more time to evaluate the case.
11th April 2024: Canada - Manitoba: The minister of finance introduced the Budget 2024, which indicates Manitoba’s intention to enter into a coordinated vaping product taxation agreement with the federal government. A provincial excise duty based on the volume of vaping substance in each vaping product will be applied in addition to the existing federal excise duty. The targeted implementation date is 1st January 2025.
11th April 2024: US - Ohio: A coalition of 14 cities in Ohio has filed a lawsuit challenging the state law that prevents cities and counties from enacting tobacco regulations that are stricter than the state’s. The plaintiffs claim the law violates Ohio’s constitution, specifically a line that says cities “have the authority to exercise all powers of local self-government and to adopt and enforce within their limits such local police, sanitary and other similar regulations, as are not in conflict with general laws”. The pre-emption law was passed by the state’s General Assembly as part of its budget proposal, and then vetoed for a second time by governor Mike DeWine before the General Assembly voted to override the veto in January. The case seeks a temporary injunction to keep the ban from going into effect on 24th April.
11th April 2024: Brazil: The Senate Committee on Transparency, Supervision and Control approved a request to hold a joint public hearing with two other committees on the bill that aims to regulate e-cigarettes and heated tobacco. A date for the public hearing has not yet been set. The committees will then analyse the bill, and if the text is approved and there is no request for a new vote in plenary, the bill will go to the Chamber of Deputies.

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