From February of 2022, subscribers will be able to view and filter individual regulatory alerts per region. If you want to get our monthly compilations, visit our alerts Round-up section.
Mongolia: Deputy finance minister Sanjaa Mungunchimeg has said a draft law to impose a tax on e-cigarettes is ready, press reports. She added that the bill would be submitted to Parliament and the government separately from the budget amendment that is currently under discussion.
Hong Kong: Hong Kong police have arrested two people for violating the ban on selling alternative smoking products. Officers seized 94 boxes of suspected nicotine-containing e-cigarette cartridges and 74 “smoking devices” during the operation in Mong Kok, press reports. They were reportedly the first arrests under the ban, which came into effect on Saturday.
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.
US - Federal: New warning letters have been issued by the FDA Center for Tobacco Products (CTP) to a number of manufacturers and distributors of e-liquid products that are “new tobacco products” without the required marketing authorisation.
Sweden: The right-wing Sweden Democrats, the Centre Party and the Left Party have all presented motions against the government’s proposed Stricter rules for new nicotine products (Proposition 2021/22: 200), questioning the suggested ban on non-tobacco-flavoured e-liquids. The parties say banning flavours would make it harder for people to switch from smoking to a less harmful alternative and that a market study on the consequences of such a ban should be undertaken.
Sweden: The Public Health Agency has updated the publicly available list of notified e-cigarettes and refill containers, which contains 11,909 vapour products.
US - Hawaii: House Bill 1570 passed its final reading yesterday on a 36-15 vote. The bill to ban the sale of all flavoured tobacco products, including e-cigarettes, combustible menthol cigarettes and flavoured cigars, has now been passed by both chambers of the Legislature and requires only the signature of governor David Ige to become law.
US - Maryland: Anne Arundel Public Schools, one of the largest school districts in Maryland, is bringing a suit against Juul Labs, alleging its products are marketed to students and claiming gross negligence by the company, media reports. ”You’ve created this whole generation of young people who are now addicted to nicotine because it delivers four to five times the nicotine of a cigarette,” Anne Arundel Schools attorney Phil Federico said.
Thailand: Digital economy and society minister Chaiwut Thanakamanusorn has submitted a petition to the National Tobacco Products Control Committee calling on it to legalise e-cigarettes, press reports. Chaiwut said e-cigarettes are a safer alternative to traditional tobacco and should be regulated as cigarettes. He also highlighted that legalising them would bring in added tax revenue.
Hong Kong: Hong Kong Customs reports a major operation to combat illicit heated tobacco and e-cigarettes, with products with an estimated market value of $15m seized in the past month. The Smoking (Public Health) (Amendment) Ordinance 2021 came into effect on Saturday, 30th April, banning production, import, sales and promotion of heat-not-burn (HnB) and vaping products, subject to a fine of up to $50,000 and up to six months’ jail.
Canada: Health Canada’s consultation on the Tobacco and Vaping Products Act ends tomorrow, 27th April. The government has outlined five objectives for vaping products – restricting access to e-cigarettes, preventing misconceptions about the health hazards of vaping, enhancing public awareness of those hazards, preventing initiation into vaping, and protecting people from exposure to vaping. Final submissions can be sent to [email protected].
EU: EU officials have told ECigIntelligence that at present there are no planned or proposed measures to phase out non-rechargeable portable batteries. However, a possible ban on single-use batteries under the revision of EU rules on batteries and waste – which would affect disposable products such as pods – is expected to be examined by 31st December 2027, when the Commission assesses the feasibility of such a measure and submits a recommendation to the European Parliament and Council.
UK: In response to a parliamentary question, junior environment minister Jo Churchill said no specific assessment had been made of the number of vape pens that go to landfill. She reiterated that the government plans to consult on reforms to the Waste Electrical and Electronic Equipment Regulations later this year.
California: San Diego City Council voted 7-2 at a special meeting yesterday to approve the SAAFE (Stop Adolescent Addiction to Flavored E-cigarettes) Act, which would prohibit the sale of all flavoured tobacco and e-cigarette products in the city, local media reports. The issue will come before the council again in 30 days.
Brazil: National Public Health Surveillance Agency (ANVISA) director Cristiane Jourdan has told media there is not yet enough evidence for the efficacy and safety of e-cigarettes or heated tobacco for them to be approved for use. However, she added that studies were at an early stage and that potential additional measures mentioned in the regulatory report published earlier this month, such as an advertising ban, were awaiting a final decision. ANVISA is taking technical and scientific evidence about the products until 11th May.
Thailand: Health minister and deputy prime minister Anutin Charnvirakul has told the Thai Health Promotion Foundation that he will not support the legalisation of e-cigarettes, press reports. The minister has established a tobacco control panel under the Department of Disease Control to review the current regulations, in the belief that e-cigs have become popular with young people in Thailand.
Malaysia: Health minister Khairy Jamaluddin reportedly said last week that the 15% import duty on nicotine gum products, to be imposed from 1st June, should either reduced or cancelled, describing them as a good smoking cessation tool. This liberal policy towards nicotine gum would be in contrast to the legal framework for nicotine-containing vaping products, marketing of which is currently subject to a pharmaceutical licence. The government is planning to ban the sale of e-cigarettes and tobacco products to anyone born after 2005.
US - California: On today’s agenda for San Diego City Council was Item 600, the approval of the SAAFE (Stop Adolescent Addiction to Flavored E-cigarettes) Act, which would prohibit the sale of flavoured tobacco products in the city. If passed, the ban will include all flavours but for tobacco from 1st January 2023.
UK: A Westminster Hall debate will be held tomorrow, 26th April, on the progress towards the government’s smokefree 2030 ambition.
Netherlands: The Ministry of Health, Wellbeing and Sport has confirmed to ECigIntelligence that legislation to prohibit e-cigarette flavours other than tobacco flavour is being prepared and should be published for consultation this summer. The new law, expected to come into effect in early 2023, will allow a limited list of taste-determining additives.
US - Maine: The Campaign for Tobacco-Free Kids has issued a public statement praising Brunswick Town Council after it passed an ordinance on Tuesday prohibiting the sale of flavoured tobacco products, including e-cigarettes, from 1st June. The pressure group is urging the state legislature to enact a state-wide flavour ban by passing bill LD 1550.
US - New York: Assembly Bill 9879 has been introduced, which would make it illegal for anyone under 21 to possess vaping or tobacco products. Their sale to under-21s is already prohibited.
UK: Health secretary Sajid Javid has told Parliament that the independent review of tobacco control, headed by Javed Khan, should be published in May.
Germany: The Federal Institute for Risk Assessment (BfR) will hold a seminar on “Chances and risks of e-cigarettes” in Berlin and online on 28th and 29th April. The event aims to discuss the current state of knowledge on e-cigarettes, including flavouring and consumer protection.
US - federal: The US Food and Drug Administration (FDA) will be required to give premarket tobacco product application (PMTA) status reports every 90 days according to a revised judicial order, media reports. The revised order, signed on Friday by judge Paul Grimm of the US District Court for the District of Maryland, requires the FDA to “forecast the percentages of such products for which it expects to have taken ‘action’ by June 2022 and quarterly thereafter”.
US - General: A settlement has been reached between Juul Labs and the state of Washington, by which Juul has agreed to pay $22.5m. The lawsuit claimed Juul broke the law by marketing its products to appeal to minors and also deceived consumers over the addictiveness of the product. Washington attorney general Bob Ferguson said Juul would not only have to pay, but also ”stop its unlawful conduct and implement a slate of reforms, including: Stopping all its advertising that appeals to youth; Stopping most social media promotion; Accurately marketing the content and effects of the nicotine in its products; Strict practices to confirm the age of consumers who purchase Juul products”.
US - federal: Today, April 14th, is the first deadline in the new federal legislation on synthetic nicotine. Fropm today, new synthetic nicotine products may not enter the market without first obtaining a PMTA. Further, synthetic nicotine versions of tobacco-derived nicotine products whose PMTAs have been denied may not be be marketed.
Chile: The Public Health Institute (ISP) has warned against the use of e-cigarettes, with a reminder that those containing nicotine are illegal in Chile as the ISP has not granted the required pharmaceutical status to any such product. The institute also says nicotine-free vaping products pose multiple health risks.
Finland: The Ministry of Social Affairs and Health has confirmed to ECigIntelligence that an amendment to the Tobacco Act was yesterday approved by president Sauli Niinistö. The amendment introduces uniform packaging for e-cigarettes from 1st May 2023 and extends smoke-free and vape-free environments from 1st May 2022.
Netherlands: The e-cigarette flavour ban that was to be introduced on 1st July has been put back six months, the trade association Esigbond reports. The ban will only allow sales of tobacco-flavoured vaping products. Its postponement comes after the National Institute for Public Health and the Environment (RIVM) drew up a list of approved flavourings, which Esigbond says included two – isophorone and pyridine – that are known to be carcinogenic.
Portugal: Following the rejection by Parliament of the first State Budget, prime minister António Costa’s new government today presented a new Budget, with a proposed 1% increase in tax on nicotine e-liquids, from from €0.32 to €0.323 per ml still intact. Parliament still needs to approve the new budget, which is expected to happen by the end of May.
US - Federal: The Food and Drug Administration (FDA) has issued several new warning letters to manufacturers and distributors of e-liquid products that are “new tobacco products” without the required FDA marketing authorisation to remain in the market.
Italy: The Council of State will hold a hearing on 21st June on the fate of e-liquids without tax stamps that remain unsold, media reports. In January, following a lawsuit filed by e-cigarette manufacturer Smooke France in July 2021, the Regional Administrative Tribunal (TAR) of Lazio overturned a Customs and Monopolies Agency (ADM) circular from March 2021 which ordered the disposal of all e-liquids without tax stamps from 1st January 2022; the ADM then appealed against that decision to the Council of State, Italy's highest administrative court.
Netherlands: The vape stores’ trade association Esigbond has complained about sales of illegal disposable e-cigarettes in non-specialist shops, markets and online, media reports. It warns that these products are unregistered, often have too high nicotine levels, and lack Dutch health warnings on the packaging. It says the products are being promoted on social media and calls for their sale to be stopped immediately.
UK: Westminster City Council and the Metropolitan Police have seized 4,500 disposables with excessive nicotine levels and 420 counterfeit e-cigarettes from a souvenir shop in London’s Oxford Street, press reports.
China: The State Administration for Market Regulation and the National Standardisation Administration today published the approved mandatory national standard on e-cigarettes, which will be implemented from 1st October. Along the lines of the EU Tobacco Products Directive (TPD), the standard will impose a nicotine cap of 20 mg and limit the size of refills to 20 ml.
US - Arkansas: Senate Bill 45 is advancing through the legislative process. It would raise from 19 to 21 the legal age to purchase, sell, exchange, or possess tobacco, nicotine products or any “electronic smoking product”, and ban their online sale. It would also levy a tax on all nicotine-containing electronic smoking products at 75% of their wholesale price.
Russia: Members of the State Duma have proposed a moratorium on mandatory traceability labelling of goods until 1st January 2028, media reports. If adopted, this would affect the traceability labelling of heated tobacco consumables, which become mandatory on 1st March. It might also delay the future mandatory labelling of e-liquids, cartridges and closed e-cigarette systems, which are currently subject to a voluntary traceability labelling experiment that is supposed to run until 28th February 2023.
US - Federal: The FDA has issued Marketing Denial Orders (MDO) to Fontem for several e-cigarette products in the company’s Myblu line, saying their applications lacked sufficient evidence to show that permitting the marketing of them would be appropriate for the protection of the public health. Specifically, the agency did not find the benefits significantly outweighed the risk to youth. Aside from the MDOs to products listed in the publicly available Deemed New Tobacco Product Application List, the FDA has also issued MDOs to additional Myblu products that do not appear in the list, because it will only publicly name products that are confirmed as being currently on the market.
Taiwan: About 97% of parents who responded to a survey conducted by the National Alliance of Parents Organisations would like all novel tobacco products to be banned, along with e-cigarettes, press reports. The organisation estimated that 73,000 teenagers in Taiwan use e-cigarettes and "similar products". A bill to explicitly ban e-cigarettes and regulate heated tobacco is currently at the final enactment stage.
Brazil: The National Public Health Surveillance Agency (ANVISA) will be receiving technical and scientific evidence about e-cigarettes and heated tobacco from 11th April to 11th May to help it analyse the impact of regulation. Any interested party can offer evidence. The agency has also published a report suggesting the current prohibition should be maintained, and that educational campaigns should be implemented, aimed particularly at young people. Any firm decisions will come later.
Mexico: The Senate has approved a decree amending the Customs Duty Act in order to prohibit the importation of e-cigarettes, both with and without nicotine. The decree has been submitted to the Chamber of Deputies for further approval.
France: The National Agency for Food, Environmental, and Occupational Health Safety (ANSES) has published an updated list of notified e-cigarettes, which includes 76,309 products.
US - federal: Senate majority leader Dick Durbin has revealed that he spoke yesterday with US Food and Drug Administration (FDA) commissioner Robert Califf about what he called “the agency’s delay in comprehensively regulating the e-cigarette marketplace to protect public health”. Durbin said he urged the FDA to conclude the premarket tobacco product application (PMTA) review for e-cigarettes, now past the seven-month court-ordered deadline.
Malaysia: A bill banning sales of vaping products to anyone born after 2005 will be discussed tomorrow by a parliamentary Special Committee on Health, Science and Innovation before it is introduced to Parliament in July, press reports. Tomorrow's discussion will be the first of a series of committee proceedings to review the wording of the bill and its implementation plans, while taking into account the different views from all relevant parties.
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.”
Malaysia: The Ministry of Trade and Consumer Affairs today issued an order on Trade Descriptions (Certification and Marking of Electronic Cigarette Device). The order, which will come into force on 3rd August, requires manufacturers and importers of e-cigarette devices and their components to apply to the testing and inspections agency SIRIM QAS International for a certificate of compliance with the Malaysian standard before placing them on the market. Each compliant product will then be marked as such. The order does not apply to e-liquids.
Bulgaria: The Council of Ministers has agreed to introduce an excise duty for vaping products in order to cut usage, media reports. The exact figures have not yet been released, but the new tax is planned to come into force in July.
Pennsylvania: House Bill 2466 has been introduced, which would include “electronic smoking devices” – “An electronic device that contains or delivers nicotine or another substance to an individual inhaling from the device” – within the definition of “smoking” for purposes of the Clean Indoor Air Act. This legislation would also give all localities the right to enact smoke-free ordinances that are more protective than current state law.
Italy: The Customs and Monopolies Agency (ADM) has issued a circular listing the new excise duty rates on e-liquids that apply until the end of the year. As of 1st April, nicotine-containing liquids will be subject to duty of €0.131303 per ml, while the rate for those without nicotine is €0.087535 per ml.
UK: Junior health minister Maggie Throup told MPs during a debate on “Smoke-free England” that the government’s tobacco control plan would be published later this year. She added: “The new plan will set out a comprehensive package of new policy proposals and regulatory change.”
Lithuania: The Ministry of Health, along with the Drug, Tobacco and Alcohol Control Department (NTAKD), has presented a draft National Agenda on drug, tobacco and alcohol control, prevention of drug sse and drug-related harm up tol 2035 to the Seimas (parliament) Committee for Addiction Prevention. The plan aims to reduce the supply of tobacco and related products through policies based on scientific studies, improving excise duties, raising awareness of the effects of smuggling on the public budget, regulating emerging products promptly, and strengthening advertising restrictions.
South Africa: The libertarian think think the Free Market Foundation is reportedly concerned that the government’s plans for regulating vaping products will push more people back toward smoking and to buying from the black market. The South African Treasury’s director for economic tax analysis, Chris Axelson, told press that a flat tax rate based on e-liquid volume, regardless of nicotine concentration, had been agreed in principle. He said the Treasury would draft a bill aiming to have a tax in force from 1st January 2023.
Spain: The Ministry of Health has told the press that a draft amendment to the tobacco control law will shortly be finalised. Although the exact content of the proposal is not yet known, it is expected to include a ban on the use of tobacco products, including heated tobacco and e-cigarettes, in places such as outdoor terraces, beaches, and in private cars. It is also reported that plain packaging is to be introduced, although it is unclear for which products. It remains uncertain what other restrictions might be applied to heat-not-burn (HnB) products and e-cigarettes and whether nicotine pouches are to be included. Lastly, the press reports that prices will be raised, however, it is again unclear which products will be affected.
US - Maine: There is still an ongoing dispute between proponents and opponents of Legislature bill LD 1550, which was introduced last year, local media reports. The bill would ban the sale and distribution of tobacco products, including e-cigarettes, in any flavour other than tobacco.
Canada - New Brunswick: A judge will give a decision tomorrow, 31st March, on a bid by a group of vape stores to suspend the province’s ban on flavoured e-cigarettes, introduced in September 2021, local media reports. The plaintiffs are also seeking to halt a requirement for vape stores to obtain a licence, due to come into force on Friday, 1st April.
US - Texas: Houston City Council will today consider a proposal that would add vaping to the city’s existing ban on smoking in public spaces, local media reports. Quality of Life Committee chairman Robert Gallegos yesterday urged his colleagues to support the proposal. The original ordinance, passed in 2006, bans smoking in enclosed public places, within 25 ft of a public building’s entrance or exit, and other public areas, including outdoor seating areas and covered public transport facilities.
EU: The European Commission has launched an initiative to evaluate the progress made under Directive 2012/19/EU on waste electrical and electronic equipment, which applies to e-cigarette devices. The Commission’s recommendations are planned for adoption in the third quarter of 2023.
Switzerland: Stakeholders have until tomorrow to comment on the Federal Council consultation on a partial revision of the Tobacco Tax Act, which would set a tax on e-liquids 77% lower than that on combustible cigarettes. The Federal Department of Finance told ECigIntelligence it would revise the preliminary draft based on the results of the consultation. The draft will then be discussed in Parliament. The changes are not expected to come into force before mid/late 2023.
Germany: The Federal Office of Consumer Protection and Food Safety (BVL) has updated the list of notified e-cigarette products, which now contains 254,020 vapour products. Only products notified at least six months ago are listed.
US: Walmart, the world’s largest retailer, has confirmed to ECigIntelligence its decision to stop selling tobacco products in a number of its stores. The company did not say how many of its 5,000 US stores would be affected. Walmart announced in 2019 that it would no longer sell vaping products.
UK: The Department of Health and Social Care (DHSC) has published its eagerly awaited Post-Implementation Review of Tobacco Legislation. It says the government will consider changes to the Tobacco and Related Product Regulations as part of its plans towards meeting its Smokefree 2030 ambition, but recommends, on the basis of the evidence reviewed, that the current regulations should remain in force. The consultation responses on one side suggested amendments to e-cigarette packaging to promote them as less harmful than smoking, along with increases in allowed e-liquid bottle and tank sizes, and nicotine strength. On the other side, some respondents wanted stronger packaging designs and colours to deter youth use. The new Tobacco Control Plan is yet to be published, but following this no major changes to the vaping framework can be expected.
Belgium: The Federal Public Health Service (FPS) for Health, Food Chain Safety and the Environment has told ECigIntelligence that the draft 2022-2028 Interfederal Strategy for a Tobacco-Free Generation presented last week at the Interministerial Conference on Public Health (CIM Santé) will be supplemented by a series of operational objectives and the goal is to have a complete strategy adopted in autumn.
US: VPR Brands has announced the settlement of a patent infringement case against three companies, which have agreed to pay $155,000 for a fully paid-up, royalty-free, non-exclusive licence to use VPR’s e-cigarette technology, patented in 2009. This is the third such case brought by VPR, which agreed settlements of $275,000 and $85,000 with other companies in December 2021 and claims to have identified over 50 more that it says are using its Auto Draw Technology. Fort Lauderdale, Florida-based VPR said: “Additional lawsuits will continue to be filed as necessary to protect the company’s Intellectual Property rights.”
Canada - Northwest Territories: E-liquids of any flavour other than tobacco are now banned, as of 25th March, under amendments to the Tobacco and Vapour Products Control Regulations.
UK: Lancashire County Council reported yesterday that Trading Standards had carried out inspections of vape shops in response to a huge increase in the number of complaints relating to under-age sales. One shop owner was fined £166 by a court and ordered to pay £275 in costs after two volunteers, aged 15 and 16, were able to make successful test purchases. The shop assistant who sold the products was also fined. Similar actions have been carried out recently in other parts of the country.
Belgium: The General Drug Policy Unit (CGPD) yesterday presented the draft of the 2022-2028 Strategy for a Tobacco-Free Generation during an interministerial conference on public health. The plan, which includes vaping, sets several objectives, such as: removing tobacco industry interference from the preparation and implementation of public health policies, improving health promotion policies, a ban on vending machines, tightening restrictions on long-distance sales and advertising, and improving the make-up of vapour products.
US - Connecticut: Senate Bill 367 was heard yesterday in the Senate Public health Committee, where it received a favourable vote 20-11. The bill would prohibit the sale of electronic nicotine delivery systems and vapour products that are flavoured or that have a nicotine content above 35 mg/ml.
Netherlands: The Netherlands Food and Consumer Product Safety Authority (NVWA) has confirmed to ECigIntelligence that in general it is still allowed to print the names of flavours on the packaging of e-liquids and pods. However, it offered a reminder that flavours will soon be banned in the Netherlands.
Mongolia: The government has decided to submit changes to the Law on Tobacco Control by June and propose an e-cigarette tax, press reports.
UK: Conservative MP Bob Blackman today called on the government to raise the purchasing age for tobacco products from 18 to 21 and introduce a “polluter pays” levy on Big Tobacco in order to achieve the smoke-free 2030 targets and to raise funds for smoking cessation services. Prime minister Boris Johnson agreed that smoking was a number one cause of preventable deaths and said that Javed Khan, who is currently reviewing tobacco policy, would take Blackman’s proposals into account.
Iceland: A bill amending Law 87/2018 on e-cigarettes and refills, which we have reported on, has been approved at its first reading in the Althingi (parliament). In addition to banning “flavours that may appeal to children, such as sweet and fruit flavours”, the bill includes a mandatory licence to sell vaping products, issued by the Housing and Civil Engineering Institute, and a ban on vaping on education premises. The bill now moves on to the Welfare Committee, which could propose amendments.
US: New warning letters have been issued by the FDA to manufacturers and distributors of e-liquid products that are “new tobacco products” without the required FDA marketing authorisation to remain in the market.
US - Idaho: Senate Bill 1285 has been delivered to governor Brad Little for signature. This bill denies local government authorities the right to adopt or enforce requirements for the regulation, marketing, or sale of tobacco products or e-cigarettes that are more restrictive than state law. It would also prevent them from imposing or enforcing a tax or fee on tobacco products or e-cigarettes.
Australia: The Australian Bureau of Statistics yesterday published the results of its 2020/21 smoking and vaping prevalence survey. They show that almost 9.3% of adults have tried vaping at least once and 2.2% vape regularly, including 4.8% of those aged 18-24. In all, 21.7% of 18-24s had tried vaping at least once. Strikingly, the survey also shows that among current smokers, 23.8% were former users of vaping products.
Paraguay: The government is currently discussing with the Senate the immediate enactment of a bill that would increase the tax on e-liquids from 20% (in force since February) to 22%, press reports. The tax rise is in response to the government’s plan to subsidise oil in order to keep its price stable.
Russia: Dmitry Davydov, author of the non-profit project "20 Ideas for the Development of Russia", recommends increasing the purchasing age for nicotine-containing products – including e-liquids and heated tobacco consumables – media reports. Referring to the experience of other countries, Davydov proposes a gradual transition, raising the age limit in the first year from 18 to 19, in the second year from 19 to 20, and in the third year to 21.
Australia: Doctors and public health experts are reportedly urging the government to ban the sale of nicotine-free vaping products that may seem appealing to children. While nicotine-containing e-cigarettes have been subject to prescription since last October, the import and sale of nicotine-free products are not subject to the same requirement. Since the nicotine-containing vaping products import restrictions came into force, the Border Force has seized 248 shipments of such products.
US - California: The 9th Circuit Court of Appeals has ruled against RJ Reynolds’ case against Los Angeles County’s flavour ban, which includes menthol cigarettes and other flavoured tobacco products. Reynolds argued that, under the Tobacco Control Act (TCA), states and local jurisdictions could not ban the sale of tobacco products. However, the federal judge said the TCA included a preemption clause with an exception (“requirements relating to the sale, distribution, possession, information reporting to the State, exposure to, access to, the advertising and promotion of, or use of, tobacco products”), a broad preservation of state and local authority which the ban would fit.
Russia: The Association of Internet Trade Companies has called on prime minister Mikhail Mishustin to lift the ban on online sales of alcohol, tobacco products and prescription drugs until the end of 2023 in order to support industry, media reports. It is unclear whether the request includes online sales of e-liquids.
Switzerland: Answering a Federal Council consultation on possible e-cigarette taxation, the Swiss Tobacco Prevention Working Group has demanded that the tax should apply not only to e-cigarettes, but to all tobacco and nicotine products, based on nicotine content. They say products that are already taxed, such as heated and oral tobacco, should face an increase. The consultation is open until 31st March.
Denmark: Health minister Magnus Heunicke announced yesterday, 15th March, that the government plans to ban access to tobacco and nicotine products to anyone born in or after 2010. This is part of the new government’s health reform plan to “Make Denmark Healthier”, which aims to tackle health inequalities.
US: Senate majority whip Dick Durbin of Illinois yesterday, 15th March, called out the FDA in a speech on the Senate floor for the six-month delay in reviewing e-cigarette applications, the deadline for which was 9th September 2021. He said the FDA had turned a blind eye for years to e-cigarettes, which, in his opinion, cannot meet the standard to stay in the market. He said e-cigarette manufacturers were trying to circumvent regulation under the guise of synthetic nicotine, that he and senators Susan Collins and Patty Murray had “led efforts to close this loophole in the Fiscal Year 2022 omnibus appropriations bill”, which finally passed. He concluded by calling on the FDA to “protect America’s children from Big Tobacco and their candy-flavoured, sickness-causing e-cigarettes”.
US - Connecticut: Senate Bill 367, which was introduced last week, would prohibit the sale of electronic nicotine delivery systems and vapour products that are flavoured or that have a nicotine content above 35 mg per ml. Even with the federal restrictions on flavours in place, supporters of the bill say the state needs to pass its own ban in order to reduce youth use of vapour products, testifying to that effect at a public meeting on Monday. Opponents disagree, saying it would not reduce youth usage, but would hurt small businesses.
Australia: The state health and education departments of New South Wales have together launched a campaign to reduce vaping among teenagers. The “Get the Facts – Vaping Toolkit” aims to raise awareness of the alleged harmful long-term effects of vaping, with health minister Brad Hazzard claiming it has been proven that e-cigarettes can be as addictive as combustible cigarettes.
US – Hawaii: A new batch of bills have recently been introduced in Hawaii, all of them shown in our US regulatory tracker. One of those bills, House Bill 1570, which would ban the sale of flavoured tobacco or synthetic nicotine products, has raised some concerns. Some representatives reportedly described some of the amendments made by the House Health, Human Services and Homelessness Committee as “poison pills”, which would jeopardise the bill’s passing. It was originally supported by the state attorney general and the Hawaii Department of Health (DOH), but has lost their support following the amendments. The lack of support by the enforcement agencies may end up in a veto by the governor, should the bill pass as it now stands. Among the amendments added, one requires the health department to implement a standardised testing process to detect flavours; advocates say this is not found in other jurisdictions and is not necessary, while the DOH found it unreasonable.
Austria: Today, 15th March, is the deadline for the annual reporting of e-liquid ingredients and emissions by brand name and product type. The information must be provided to the Austrian Agency for Health and Food Safety (AGES) through the EU Common Entry Gate.
EU: The EU Parliament has approved, by 584 votes to 67, a proposal to overhaul European rules on batteries, which will now have to be negotiated with member states’ national governments. Rapporteur Simona Bonafé, of the Socialists and Democrats group, said: “The Battery Regulation lays down a holistic set of rules to govern an entire product life cycle, from the design phase to end-of-life,” with the aim of introducing “new sustainability standards that should become a benchmark for the entire global battery market”. It includes an obligation to design batteries that are easily replaceable and recyclable.
California: An ordinance has been approved in the city of Antioch in Contra Costa County to prohibit characterising flavours in tobacco products, impose packaging restrictions on cigarettes and cigars, and ban the sale of e-cigarettes for use with tobacco or tobacco products, local press reports. At the meeting which took the decision, councilmember Mike Barbanica expressed strong opposition, saying: “We have a city that allows cannabis sales...but you cannot buy some bubblegum vaping pen”. Another councilmember put a motion to waive the first reading and read by title only, which passed 3-2.
Connecticut: Senate Bill 139 has been introduced. It would ban all flavours but for tobacco in electronic nicotine delivery systems and vapour products. It would also amend the definition of “electronic cigarette liquid” to include products with synthetic ingredients.
UK (Scotland): Trading Standards officers found a wide range of non-compliant single-use or disposable vaping devices on sale in Scotland between October and December 2021, the Chartered Trading Standards Institute (CTSI) reports. Following inspections, a total of 88,839 disposable devices were removed from sale as they were either not labelled correctly, did not contain sufficient classification, labelling and packaging (CLP) regulation information or had not been published by the Medicines and Healthcare Products Regulatory Agency (MHRA). Another 3,683 devices were seized as they had a capacity of over the legal limit of 2 ml.
Italy: The Chamber of Deputies has approved the text for the conversion into law of Decree-Law 228/2021, which aims to lower excise duties on e-cigarettes. If the bill is also approved by the Senate, the rates which applied in early 2021 will be restored from 1st April 2022: approximately €0.13 per ml for nicotine-containing e-liquids and €0.08 per ml for those without nicotine.
Bulgaria: Analysis by the Customs Agency uncovered the evasion of BGN 977,000 (€500,000) in customs duties and VAT on imports of disposable e-cigarettes between 2019 and 2021.
US: The Food and Drug Administration (FDA) issued on Thursday a new batch of warning letters to manufacturers and distributors of e-liquid products classed as “new tobacco products” without the required FDA marketing authorisation to remain on the market.
Italy: The Customs and Monopoly Agency (ADM) has updated the lists of notified nicotine-containing and nicotine-free e-cigarette products. The total number of notified vaping products now stands at 20,743.
China: The market administration of Changsha, a city of 8m people in Hunan province, has issued a notice alerting the public to last November’s national legislative changes. Tobacco operators and advertising agencies are reminded that it is illegal to advertise e-cigarettes online, in mass media, newspapers, radio or television. The notice says: “Advertisements promoting product names, trademarks, packaging, branding and similar features of electronic cigarettes must be immediately removed.”
Armenia: A technical regulation on the safety of nicotine-containing e-liquids came into force on 11th February. The regulation introduces certain product, labelling, storage and transportation requirements, as well as conformity assessment procedures. It sets a maximum nicotine content for e-liquids of 20 mg /ml.
Maryland: House Bill 1227 has been introduced. It would specify that a “tobacco product” includes certain products that are made of, derived from, or contain nicotine from any source, including synthetic nicotine.
Ireland: The Oireachtas (parliament) Health Committee is continuing its scrutiny of the Tobacco and Nicotine Inhaling Products Bill by hearing the concerns of stakeholders, press reports. This week the Irish Vape Vendors Association (UVVA) stressed to the committee the role of vaping products in smoking cessation and criticised the threat of a flavour ban, which some medical societies have said should be included in the bill.
EU: The European Parliament voted yesterday, 16th February, by 652 votes to 15, with 27 abstentions, in favour of adopting the Special Committee on Beating Cancer (BECA) report on Strengthening Europe in the fight against cancer. The report is of crucial importance, as it makes recommendations related to traditional and novel tobacco and related products that are likely to be considered by the European Commission in the upcoming revision of the Tobacco Excise Directive and the Tobacco Products Directive (TPD). Last-minute attempts by Socialist and Democrat MEPs to introduce amendments that would have made harsher the recommendations on novel tobacco and related products were rejected in favour of a final text that resembles what was agreed by the BECA in December.
Thailand: The government has approved a draft National Tobacco Control Plan for 2022-2027. Despite recent advocacy efforts towards legalising e-cigarettes and novel tobacco products, no such move is foreseen in the the plan. In January the Digital Economy and Society Ministry reportedly established a working group tasked with exploring possible legalisation of e-cigarettes.
Mongolia: The parliamentary Standing Committee on Social Policy has held a discussion on tobacco use and the legal environment. Committee chair M Oyunchimeg said that drafting of amendments to the Law on Tobacco Control, which will align national regulation with the World Health Organization Framework Convention on Tobacco Control (WHO FCTC) is under way and should be finalised by June. “It is necessary to discuss the issue of legalising e-cigarettes, banning domestic smoking, and improving the regulation of licences for production, export and import,” Oyunchimeg said. She announced that the Excise Tax Law would also be amended to prevent reduce risk factors. Health minister Ts Erdembileg said that between 2017 and 2019 the volume of e-cigarettes imported into Mongolia had increased 68-fold.
Italy: The Customs and Monopoly Agency (ADM) is to appeal against the ruling by the Regional Administrative Tribunal (TAR) of Lazio that overturned part of an ADM circular of March 2021 which ordered the disposal of all e-liquids without tax stamps from 1st January 2022, media reports.
Iceland: A bill amending Law 87/2018 on electronic cigarettes and refills to introduce a ban on e-cigarette flavourings “that may appeal to children” will be introduced to the Althingi (parliament) on 25th February.
Bosnia and Herzegovina: The Bill on the Control of Tobacco and Other Products for Smoking will be discussed in the upper chamber of Parliament tomorrow, 17th February. The bill to regulate nicotine-containing e-cigarettes proposes a ban on sales via vending machines and online, online advertising, and vaping in enclosed public places. It would limit nicotine concentration to 20 mg/ml and e-liquid refills to a maximum of 10 ml or cartridges of 2 ml.
Ukraine: Bill 5719, adopted yesterday, 15th February, provides for a change in the mechanism of crediting and distribution of retail tax between local budgets as of 1st April 2022. This relates to an amendment to the Tax Code, adopted at the end of 2021, requiring producers or importers to declare maximum retail prices for tobacco products and e-liquids to the tax authority. The amendment also switched responsibility for paying retail tobacco and e-liquid tax from retailers to manufacturers and/or importers. The tax rate is 5% of the tax base, which is the value of the maximum retail prices of tobacco products and e-liquids, including VAT and excise tax.
US: Altria has announced that an administrative law judge has dismissed the Federal Trade Commission (FTC)’s claims against Altria and Juul Labs over the tobacco giant’s 2018 investment in the e-cigarette company, which allegedly violated anti-competition laws. This preliminary decision is subject to review by the FTC and may be appealed.
US: The US Senate has confirmed Robert Califf to be commissioner of the FDA by a 50-46 vote, as expected following the recent cloture vote.
Federal: The US Senate was set to vote today on Robert Califf's nomination as Food and Drug Administration (FDA) commissioner. At the end of debate yesterday, a cloture motion was agreed to by a close vote (49-45, with six not voting). A cloture motion is invoked to end a debate quickly, limiting further consideration of a pending proposal to 30 hours.
Spain: The Ministry of Health has launched an awareness campaign against smoking and vaping outdoors in places commonly frequented by other people, such as beaches, parks and restaurant and bar terraces. Although it is not prohibited to smoke in such areas, the campaign aims to reduce passive smoking and vaping. The government revealed last year its intention of prohibiting smoking and vaping on terraces.
EU: The full European Parliament was considering today, 15th February, whether to approve the Special Committee on Beating Cancer (BECA) report in full or to propose further changes. A number of recommendations in the report could have a significant impact on the future of vaping in the EU – such as a proposal to ban e-liquid flavours that appeal to minors and non-smokers in the upcoming revision of the Tobacco Products Directive (TPD).
Finland: The Ministry of Social Affairs and Health has set up a working group to consider ways of working towards ending the use of tobacco and nicotine in Finland. The aim is for no more than 5% of the population to be daily users of such products by 2030. Between now and January 2023 the working group will seek measures to promote quitting nicotine use, and consider raising the age limit for the sale of tobacco, nicotine e-liquids and nicotine-containing tobacco substitutes.