North America: Market and legal data analysis of the vaping sector

E-cig companies’ court actions against the US FDA: key arguments and decisions

Written by Berta Camps Bisbal | 12th April 2024

This report tracks and analyses the challenges brought to court by vape companies of their marketing denial orders (MDOs) of their premarket tobacco product applications (PMTAs) ...

An overview of the US tobacco and vape directories, April 2024

Written by Kristina Iashina | 5th April 2024

The report analyses enacted law and proposed bills that require tobacco products and e-cigarettes to be included in the tobacco directories before they can be distributed or sold in US states ...

An update on the status of the US FDA review of PMTAs – Q1 2024

Written by Berta Camps Bisbal | 27th March 2024

This report provides an update on the progress of the US Food and Drug Administration's review of the PMTAs, and whether it has met its targets ...

Canada: e-cigarette regulation, March 2024

Written by Lorenzo Guaragna | 12th March 2024

This report offers detailed analysis of the current regulatory framework in place for e-cigarettes in Canada, covering all policy areas from product and packaging requirements to notification and taxation ...

Top 10 pending US vaping-related state bills, Q1 2024

Written by Berta Camps Bisbal | 8th March 2024

This short report details what ECigIntelligence considers the ten most significant vaping-related bills currently on the table in the 10 most highly populated US states ...

An analysis of the import and seizures of illegal e-cigarettes at US ports of entry

Written by Kristina Iashina | 23rd February 2024

This report examines the seizures of illegal e-cigarettes at US ports of entry, analysing the ports that receive the biggest volume of e-cigarette shipments and the customs values of those shipments ...

US environmental policy proposals that could impact e-cigs, February 2024

Written by Berta Camps Bisbal | 19th February 2024

This report examines state environment-related proposals that could impact the e-cigarette sector in the US, looking at any proposed bills in a variety of areas that relate to sustainability and the environment ...

Key arguments and decisions in the Triton/Vapetasia US FDA MDO case

Written by Kristina Iashina | 2nd February 2024

This report examines the challenge brought to court by Triton and Vapetasia, against the MDOs issued by the US FDA in response to both companies’ premarket tobacco product applications (PMTAs) ...

US FDA enforcement: an analysis of the warning letters issued in 2023

Written by Kristina Iashina | 31st January 2024

This report examines the US Food and Drug Administration (FDA) enforcement measures taken in relation to unauthorised tobacco products, and analyses the warning letters sent out throughout 2023 ...

An overview of the judicial challenges to California’s tobacco product flavour ban

Written by Berta Camps Bisbal | 29th January 2024

On 8th January, the US Supreme Court declined to hear tobacco company RJ Reynolds’ challenge to California’s flavour ban on tobacco products. This isn't the first time a similar challenge has been rejected ...

An overview of US tribal territories and tobacco policy, with selected case studies

Written by Berta Camps Bisbal | 18th December 2023

This report examines tribal territories in the US and how federal and state tobacco policy affects them, with analysis of specific case law examples ...

Mexico: e-cigarette regulation, December 2023

Written by Laura Garay Gómez | 15th December 2023

This report provides a detailed analysis of the current and possible future regulatory framework for e-cigarettes in Mexico, covering all policy areas ...

An analysis of US FDA import alerts on e-cigarettes

Written by Kristina Iashina | 13th December 2023

In May 2023, the US FDA issued import alerts on multiple vape products and said any that do not have marketing authorisation will be detained at the border. This report looks at the process, implications...

US FDA enforcement against tobacco retailers: analysis of the HHS report

Written by Berta Camps Bisbal | 15th November 2023

This report provides detailed analysis of the US Department of Health and Human Services (HHS) report, which assessed the FDA’s efforts regarding online tobacco retailers’ compliance with the Tobacco Control Act ...

Avail Vapor US FDA marketing denial order case: key arguments and decisions

Written by Kristina Iashina | 27th October 2023

This report examines the challenge brought to court by Avail Vapor against the marketing denial order issued by the US Food and Drug Administration in response to the companyâ€™s premarket tobacco product application ...

US FDA under scrutiny: the latest reports on PMTA progress

Written by Berta Camps Bisbal | 6th September 2023

This report discusses the background to this court decision requiring the FDA to submit status updates of the PMTA review, examines the timeline of these updates and provides analysis of the FDA's progress ...

Trademarks and patents: intellectual property requirements in the US

Written by Kristina Iashina | 31st August 2023

This report examines and compares the protection of intellectual property through patents and trademarks at both federal and state levels, though individual state requirements are not...

Disposable e-cigarettes in the US: state-by-state look at proposed bills

Written by Berta Camps Bisbal | 18th August 2023

This report looks at proposals that have been introduced in states across the US whenever specific references to disposable e-cigarettes have been included ...

Regulatory landscape of disposable e-cigarettes in the US – the new loophole?

Written by Berta Camps Bisbal | 11th July 2023

This report tackles questions about US federal regulation of disposable e-cigarettes, examines the regulatory loophole question, and looks into pressure from the public ...

The top changes that matter in this month’s Policy Radar update, May 2023

Written by Pablo Cano Trilla | 3rd July 2023

This reports examines some of the most important changes implemented in the May update of our Policy Radar and provides some key insights into what they mean for the industry ...

Juul Labs’ settlements with US states

Written by Berta Camps Bisbal | 19th June 2023

This report covers the legal agreements between Juul Labs and various state governments in the US. It also discusses the role that advocacy has played in these settlements and touches on their implications for future...

Intellectual property and trademark lawsuits in the US

Written by Kristina Iashina | 22nd May 2023

This report explores the current intellectual property lawsuits in the US, beginning with a table providing summary information on the cases themselves, followed by a deeper analysis of the lawsuits with key arguments ...

The US FDA’s PMTA internal review process – a de facto ban on flavours?

Written by Berta Camps Bisbal | 19th May 2023

This report analyses an apparently change in the FDA's review process for PMTAs, and discusses a number of individual cases where companies have raised it following the issuing of an MDO ...

US: waste management of e-cigarettes

Written by Kristina Iashina | 15th May 2023

Nicotine-containing products are considered acute hazardous waste in the US, and this report provides analysis of the waste management regulations, at a federal level, for businesses in the US ...

Analysis and trends of Tamarind Intelligence's Policy Radar, April 2023

Written by Sergi Riudalbas | 12th May 2023

This report examines the global regulatory trends that follow the data set out in the Policy Radar in order to unveil, to a limited extent, the direction of the discussions that may dominate the tenth...

US FDA proposed rule: requirements for tobacco product manufacturing practice

Written by Berta Camps Bisbal | 14th April 2023

This report examines the US Food and Drug Administration proposed rule that would establish a unified regulatory framework for tobacco product manufacturing practice requirements ...

Analysis of US nonprofit organisations' influence on the tobacco/vaping industry

Written by Berta Camps Bisbal | 5th April 2023

This report examines the influence of some of the major public organisations that work to influence policy on tobacco and vaping in the US ...

The sale of e-cigarettes in duty-free stores in the US

Written by Kristina Iashina | 31st March 2023

This report examines the federal and general state requirements (though it does not analyse specific individual state requirements) that e-cigarette manufacturers need to comply with before selling their products in duty-free stores in the US...

US environmental policy proposals that could impact e-cigs, February 2023

Written by Berta Camps Bisbal | 24th February 2023

This report examines state environment-related proposals that could impact the e-cigarette sector, looking at any proposed bills in areas such as single-usage bans/restrictions, batteries, packaging/waste, ingredients/labelling, plastics and sustainability reporting ...

Importation and exportation of e-cigarettes in the US

Written by Kristina Iashina | 20th February 2023

This report provides a comprehensive summary of the import and export regulations in place for e-cigarette products in the US ...

E-cigarette regulatory trends across the US, comparing geographical areas

Written by Kristina Iashina | 19th January 2023

This report analyses how each of the four geographical areas in the US regulate taxation, product restrictions, retail channel and youth access restrictions, and advertising, noting similarities and differences ...

Analysis of the ECigIntelligence US legislators' database

Written by Berta Camps Bisbal | 16th December 2022

This report will examine the US legislators’ database, which contains information of the state legislators' past legislative moves over the last four years ...

Canada: e-cigarette regulation, November 2022

Written by Lorenzo Guaragna | 22nd November 2022

This report provides a detailed overview of the current regulatory framework for e-cigarettes and related products in Canada; it analyses federal polices, so should be read in conjunction with the ECigIntelligence provincial and territorial tracker...

PMTA, MRTP and SE: the main pathways to market for tobacco products in the US

Written by Berta Camps Bisbal | 22nd November 2022

This report examines the main pathways for tobacco products to enter the market in the US, covering PMTAs, MRTPs and SEs ...

US: e-cigarette regulation - federal packaging requirements, November 2022

Written by Kristina Iashina | 17th November 2022

This report covers all e-cigarette packaging regulations currently under US Food and Drug Administration (FDA) authority, including which products need labelling, health warnings and other warning statements, and child-resistant packaging ...

US midterm elections and their potential impact on state tobacco/nicotine policy

Written by Berta Camps Bisbal | 7th November 2022

This November, elections will be held: legislative races will be conducted in 46 states and governor races will be held in 36. This report analyses the potential outcomes and how it could affect tobacco/nicotine policies...

New York: e-cigarette regulation, September 2022

Written by Berta Camps Bisbal | 27th September 2022

This report provides a detailed overview of the current regulatory framework in New York for e-cigarettes and related products, as well as possible future changes to the regime ...

Washington DC: e-cigarette regulation, September 2022

Written by Kristina Iashina | 19th September 2022

This report provides a detailed overview of the current regulatory framework in Washington DC for e-cigarettes and related products, as well as possible future changes to the regime ...

Global policy on novel nicotine products: analysis from our new Policy Radar

Written by Pablo Cano Trilla | 2nd September 2022

Analysis of Tamarind Intelligence’s newly launched Policy Radar product captures in detail the current regulatory framework for leading markets globally and enables us to forecast the evolution of regulation over the next five years ...

Will the 'major questions doctrine' be used in tobacco regulation in the US?

Written by Berta Camps Bisbal | 11th August 2022

This report will analyse if any of the upcoming tobacco-related regulations may be challenged under the major questions doctrine, including the menthol ban and the policy relating to nicotine levels ...

Puerto Rico: e-cigarette regulation, August 2022

Written by Kristina Iashina | 9th August 2022

This report offers an overview of the current regulatory framework for vaping products in Puerto Rico, covering all areas from labelling and product restrictions to advertising, taxation and notification ...

US: overview of the Tobacco Directory, August 2022

Written by Kristina Iashina | 3rd August 2022

This regulatory report looks at the US states that have enacted or proposed bills aimed at imposing restrictions on tobacco product and e-cigarette manufacturers before marketing their products ...

US: state tax discounts and benefits for MRTPs, May 2022

Written by Berta Camps Bisbal | 27th May 2022

This report analyses whether US states are considering the different harm profiles of tobacco products (which can include e-cigarettes) when taxing them, in order to encourage consumption of lower-risk products ...

US regulatory report: synthetic nicotine products – what’s next?

Written by Berta Camps Bisbal | 27th April 2022

The new US federal legislation has brought synthetic nicotine products under the oversight of the FDA, so all synthetic nicotine products must go through a premarket tobacco product application (PMTA) process ...

Los Angeles and San Francisco: flavour regulation in metropolitan areas, April 2022

Written by Kristina Iashina | 12th April 2022

This report will examine flavour restrictions in the San Francisco Bay Area and Greater Los Angeles, though it will also take into account wherever there is a total ban, since that means all e-cigarettes are...

Intoxicating hemp vapour products in the US – opportunity or risk?

Written by Anthony Traurig | 21st December 2021

Some sellers of intoxicating cannabinoid products – commonly sold as vapes – claim legality under the 2018 US Farm Bill. ECigIntelligence believes many hemp-derived cannabinoids do not violate federal controlled substance law ...

Regulatory report: US – Chicago metropolitan area, November 2021

Written by Berta Camps Bisbal | 29th November 2021

ECigIntelligence has compiled lists here of all the local regulations affecting tobacco and e-cigarettes for districts in the Chicago metropolitan area ...

Regulatory report: Q&A – US FDA final guidance on PMTAs and SE reports

Written by Berta Camps Bisbal | 3rd November 2021

This report answers your questions on the US Food and Drug Administration (FDA)’s recently issued final rules on the requirements for Premarket Tobacco Product Applications (PMTAs) and Substantial Equivalence (SE) reports ...

Regulatory report: US state-by-state regulation of CBD vaping products

Written by Anthony Traurig | 7th September 2021

This report from our sister site CBD-Intel covers, state by state, the question of whether each US state allows the sale of hemp-derived CBD vaping products and on what legal terms ...

US state-by-state regulation of synthetic nicotine

Written by Berta Camps Bisbal | 6th September 2021

Synthetic nicotine products are not specifically regulated as such in any US state. This report looks at individual state regulation for such products ...

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