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Global business and regulatory news and updates from the vape industry

1st April 2024

More outrage against flavour bans as traditional industries are threatened

25th March 2024

Perceived lack of US federal regulation has states creating product directories

18th April 2023

Minnesota settlement follows closely on Juul’s $462m deal with six other states

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Daily regulatory tracking of the e-cigarette sector. It includes weekly podcasts and monthly compilations

16th July 2024: US - General: Philip Morris International (PMI) has announced it will invest $600m to open a manufacturing facility in Aurora, Colorado. Regular production is expected to start in 2026. “PMI and its US affiliates are accelerating their mission to move adults who smoke away from cigarettes in the US,” said Stacey Kennedy, president of Americas Region and CEO of PMI US, “by investing in new US manufacturing capacity to meet the increasing demand for nicotine options that are scientifically substantiated as better alternatives.”
17th June 2024: US - Federal: Last week, the United States District Court for the District of Colorado entered a consent decree of permanent injunction against e-cig manufacturer Boosted, according to a US Food and Drug Administration (FDA) press release. A consent decree carries the same weight as a court order but allows the defendants to avoid litigation by agreeing to its terms. Boosted agreed not to manufacture, sell or distribute any new tobacco products until the products met the legal requirements. “FDA remains steadfast in our work to enforce the law, especially after we’ve given a crystal-clear warning and explanation of what firms need to do to comply,” said Brian King, director of the FDA’s Center for Tobacco Products (CTP). “Those who flout the law are responsible for the consequences, and we are committed to using the full force of our authorities to hold them accountable.”
6th June 2024: US - Colorado: House Bill 1356 has been signed by the governor. As introduced, this bill would have established a directory of manufacturers of electronic smoking devices and e-cigarettes authorised for sale by the US Food and Drug Administration (FDA). That means retailers, distributors, wholesalers or other intermediary entities would not have been permitted to sell unauthorised e-cigarettes or any products that did not appear in the directory. However, the bill was amended in its initial stages before being sent to the Senate and currently does not include a requirement to establish such a directory. As it stands now, the bill aims to make the sale of electronic smoking devices to under-age consumers an unfair or deceptive trade practice.
31st May 2024: US - Colorado: House Bill 1356 has passed both the House and the Senate and has been sent to the governor for signature. As introduced, this bill would have established a directory of manufacturers of electronic smoking devices and e-cigarettes authorised for sale by the US Food and Drug Administration (FDA). That means retailers, distributors, wholesalers or other intermediary entities would not have been permitted to sell unauthorised e-cigarettes or any products that did not appear in the directory. However, the bill was amended in its initial stages before being sent to the Senate and currently does not include a requirement to establish such a directory. As it stands now, the bill would make the sale of electronic smoking devices to under-age consumers an unfair or deceptive trade practice.
5th March 2024: US - Colorado: House Bill (HB) 24-1356 has been introduced. HB 24-1356 would require the attorney general’s office to maintain a directory of manufacturers of electronic smoking devices and e-cigarettes that are authorised for sale by the US Food and Drug Administration (FDA). Retailers, distributors, wholesalers or other intermediary entities would not be permitted to sell unauthorised e-cigarettes or any products that do not appear in the directory.
16th January 2024: US - Colorado: Senate Bill (SB) 24-022 has been introduced. The bill would allow Colorado counties to regulate the distribution of tobacco products and nicotine products. The counties will also be entitled to prohibit the sale and distribution of flavoured tobacco and nicotine products.
9th November 2023: US - Colorado: Proposition II, Tobacco and Nicotine Product Tax Revenue Measure (2023) was approved by public vote on the 7th November ballot. This means that the voters supported the measure to “allow the state to keep revenue that exceeds official projections from increased taxes on cigarettes, tobacco, and nicotine products, which voters approved as Proposition EE in 2020; and require the state to spend this revenue on preschool programs”.
12th May 2022: US - Colorado: The City of Boulder is preparing an ordinance that would exclude nicotine-free or tobacco-free products from the city's 40% sales tax on e-cigarettes, local media reports. “From my perspective as a tax administrator, the problem is we have a code that is causing confusion,” tax and special projects manager Joel Wagner said. “The language in the code that says that an electronic smoking device is something that simulates smoking of nicotine or any other substance opens that tax up to interpretation.”
11th May 2022: US - Colorado: House Bill 22-1064 failed to pass the Senate Appropriations Committee, which rejected it yesterday by a 5-2 vote, local media reports. The bill would have banned the sale of flavoured cigarettes, tobacco products, and nicotine products. The senators also explained the bill's failure by saying that the ban would just lead to tobacco and nicotine users buying flavoured products online or out of state, describing youth tobacco use as inevitable but improving.
10th May 2022: US - Colorado: House Bill 22-1064 has passed the Senate Committee on Finance after amendments and has been referred to the Senate Committee on Appropriations. This bill would prohibit the distribution of flavoured cigarettes, tobacco products, or nicotine products, and would amend the definition of cigarette, tobacco product, or nicotine product to include products containing synthetic nicotine.
5th May 2022: US - Colorado: House Bill 22-1064 was approved by the state House yesterday and sent to the Senate for consideration, local media reports. The bill would prohibit the distribution of flavoured cigarettes, tobacco or nicotine products, including those containing synthetic nicotine. Since its introduction, the bill has been changed to exempt hookahs, premium cigars and pipe tobacco.
5th April 2022: US - Colorado: The Finance Committee held a hearing yesterday on House Bill 22-1064, which would prohibit the distribution of flavoured cigarettes, tobacco products, or nicotine products, including those containing synthetic nicotine. Opponents of the bill, which was introduced early this year, argue that the pre-kindergarten (pre-K) program would take a big funding hit as it is currently supported by the state nicotine tax, following a 2020 ballot vote. Democrat representative Kyle Mullica said: “We always run that risk when we want to fund these important programs off of taxes like this that are vices. I think hopefully we start maybe getting away from that because I don’t think that’s probably the most appropriate way to fund these programs.”

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