From February 2022, subscribers can view and filter individual regulatory alerts per region. If you want to get our monthly compilations, visit our alerts round-up section.
EU: ECigIntelligence has today launched its third Survey on New Nicotine Products in the EU. We are asking Members of the European Parliament (MEPs) about their views on e-cigarettes, heated tobacco and nicotine pouches and their regulation. Consolidated results will be published, comparing the results with similar surveys carried out in the past two years. This year’s survey is especially relevant given the current policy debates on the topic. In both previous surveys, there was a clear correlation between higher levels of knowledge about novel nicotine products and lower perceived risk. Though the exact degrees of correlation varied by product category, the overall picture was consistent: those who were aware of and had some knowledge of a given category considered it less risky, compared to smoking combustibles, than those unfamiliar with it.
China: Ahead of the implementation on Saturday, 1st October, of the new national standard for e-cigarette products, the tobacco administration has published a notice reiterating that e-cigarettes intended for export must comply with the regulations of the destination country or region. If the destination country does not have relevant laws, the products must comply with Chinese rules. E-cigarette manufacturers with a tobacco monopoly manufacturer's licence who are engaging in exports should make export filings through the electronic cigarette trading management platform. The administration will accept objections from existing e-cigarette manufacturers from 8th to 31st October.
Russia: Sholban Kara-ool, deputy speaker of the State Duma, from the governing United Russia faction, has told the Tass news agency that a ban on e-cigarettes would not work. He said what was needed was public recognition of the harmfulness of substances contained in vapour products.
Eurasian Economic Union (EAEU): The Council of the Eurasian Economic Commission decided last week to introduce traceability marking for e-cigarettes throughout the EAEU. The five member states – Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia – will reportedly determine individually their own procedure and enforcement dates.
Costa Rica: A bill imposing neutral packaging for tobacco products, including e-cigarettes both with and without nicotine, has received the approval of the Legislative Assembly Social Affairs Committee, press reports. The bill, which would also ban advertising and increase the size of health warnings from 50% to 80% of the package area, will now go to the full Assembly to be voted on in two debates.
France: The Ministry of Health has told a French journalist that disposable e-cigarettes are under scrutiny by the health authorities. The ministry also confirmed that – contrary to rumour – the proposed increase in taxes on tobacco products, linking planned rises to inflation, does not apply to vaping products.
US - Portland Oregon metropolitan area: Washington County’s Ordinance 878 – which passed last November, has been on hold since January, was ratified by voters in May, but kept on hold by a preliminary injunction in July – has now been struck down by a circuit court judge, who decided the county had no authority to enact a local ban on the sale of flavoured tobacco products. The county has issued a statement disagreeing with the ruling and saying it will consider options for an appeal.
US - California: The city of Chula Vista has unanimously voted to ban the sale of flavoured tobacco and vaping products from 1st January 2023, local media reports. With a population of over 275,000, Chula Vista is the second-largest city in the San Diego metropolitan area.
UK: Asked about packaging restrictions on e-cigarettes, junior health minister Caroline Johnson said the Department of Health and Social Care was exploring whether any additional measures could be introduced to prevent children from vaping, including restrictions related to packaging. The Tobacco Control Plan which could set out these proposals is yet to be published.
UK - Scotland: The Scottish government published a report yesterday on the findings from the consultation on proposed restrictions on e-cigarette advertising . A total of 757 responses were submitted, mostly by individuals. The respondents were nearly equally divided on all issues: 51.5% opposed further restrictions on advertising, while 50.7% agreed that the use of e-cigarettes as a smoking cessation tool should be limited and that exposure to them by non-smokers should be restricted.
South Korea: The Korea Disease Control and Prevention Agency today warned of an increasingly widespread use by young people of flavoured tobacco products, including e-cigarettes, which it says are a gateway to smoking. The agency refers to a study showing a 12% increase between 2016 and 2022 in the use of flavoured tobacco products by smokers aged 13-39.
South Africa: The government has approved the submission to Parliament of the 2018 Tobacco Products and Electronic Delivery Systems Control Bill, which will regulate e-cigarettes both with and without nicotine. Among other things, the bill – the latest version of which has not yet been published – proposes “100% smoke-free indoor” and some outdoor non-smoking and non-vaping areas, and strengthens the rules on packaging and health warnings.
US - federal: The FDA’s Center for Tobacco Products (CTP) has published a new webinar providing a brief overview of the resources available to retailers to help prevent the sale of tobacco products to under-21s, focusing on age verification, internal compliance checks, and recommended training practices. The webinar also covers recent updates to federal law on products that contain synthetic nicotine.
UK: The consultation on the voluntary standard developed by the British Standards Institution (BSI), PAS 8855, on vape product quality, performance and safety issues ends today, 28th September.
Netherlands: As the ECigIntelligence Compliance Calendar shows, today marks the end of the Ministry of Health, Wellbeing and Sports’ consultation on the regulation to limit the range of permitted flavours for e-liquids. If further adopted, the new rules will come into force on 1st January 2023, allowing for products produced before that date to remain on the market until 1st July 2023.
Italy: The far-right Brothers of Italy party (Fratelli d’Italia) took first place in Sunday’s election with over 26% of the vote, and is likely to form a coalition with other right-wing parties, Forza Italia and the League. In the past, right-wing parties have generally supported a more lenient regulatory approach to new nicotine products, with Matteo Salvini, leader of the League, in particular being supportive of the vaping sector.
US - federal: Brian King, director of the Food and Drug Administration (FDA)’s Center for Tobacco Products (CTP) has told the Associated Press news agency (AP) about his approach to policymaking, including potential flavour restrictions. He mentioned the nicotine-salts technology in e-cigarettes that could be a good fit for smokers, but also warned of its danger to youth.
US - federal: The FDA’s Center for Tobacco Products (CTP) is seeking nominations for two people to serve as voting members on the Tobacco Products Scientific Advisory Committee (TPSAC). Individuals may self-nominate or be put forward by any interested person or organisation. Nominations received on or before 25th November will be given first consideration. Nominations received after that date will be considered as later vacancies occur.
Denmark: The health and finance ministries are setting up a combined task force to strengthen control over nicotine and tobacco products, focusing primarily on flavoured disposable e-cigarettes. Including members of the Danish Safety Technology Authority and the Consumer Ombudsman, it will aim to ensure that new product trends are addressed quickly.
US - federal: The Food and Drug Administration (FDA) has sent out a new batch of warning letters to e-liquid manufacturers accused of offering for sale or distribution e-liquid products (listed in the letter) without a marketing authorisation order.
UK: Answering a question about the management of e-cigarette waste, London mayor Sadiq Khan said Londoners can recycle waste electrical and electronic equipment (WEEE) at their local household waste recycling centre and that waste bins for small electrical devices had been introduced in communal bin stores, resulting in a 52% reduction in small electricals going into non-recycled waste from London flats. Lastly, Khan noted that all boroughs are encouraged to include the Flats Recycling Package in their reduction and recycling plans.
Denmark: Health minister Magnus Heunicke has called a meeting today with social media companies, the Danish Safety Technology Authority and several associations to discuss the use of disposable e-cigarettes by children and young people. He stressed that e-cigs with flavours other than tobacco and menthol are illegal in Denmark.
Malaysia: Health minister Khairy Jamaluddin has said he expects to finalise the review of the Tobacco and Smoking Control Bill 2022 next week with the parliamentary special select committee in order to table it again in the upcoming parliamentary session, which starts on 3rd October, press reports. Khairy said MPs were generally in favour of the bill, which proposes a ban on vaping products for those born on or after 1st January 2007, and that most of the issues raised during the bill’s first reading had been resolved by the committee.
Spain: The largest anti-tobacco organisation in Spain, the Smoking Prevention Committee (CNPT), has launched a campaign against tobacco and nicotine products, with the hashtag #stophumotabaconicotina (stop smoke, tobacco, and nicotine). The CNPT is urging the government to pass the regulations on vaping and tobacco products that it announced in May.
US - federal: Juul Labs has sued the US Food and Drug Administration (FDA) over the agency’s refusal to disclose documents supporting its order banning the company from selling its e-cigarettes on the US market, Reuters reports. In a complaint filed yesterday in federal court, Juul says the FDA has withheld scientific evidence which would show whether it conducted a legally required balancing of the public health benefits and risks of its products.
EU: The European Commission has published a draft delegated regulation amending Regulation (EC) No 1272/2008 on hazard classes and criteria for the classification, labelling and packaging of substances and mixtures (CLP). The amendment aims to update the CLP Regulation with new hazard classes and their criteria to take technical and scientific progress into account. This may impose new obligations on producers of e-cigarettes, covering more chemicals that may be contained in a device or delivery mechanism. The draft regulation is open until 18th October for comment, which will be taken into account in finalising the revised regulation.
US - Michigan: A number of bills were to be heard today in the Senate Committee on Regulatory Reform, including Senate Bill 572, SB 573, SB 574 and SB 575, all of which relate to the regulation of tobacco and vapour products. SB 572 would further tax consumable materials at 18% of the wholesale price if part of an open vapour system or $0.60 per ml if contained in a closed-system cartridge; alternative nicotine products would be taxed at $0.50 per oz on the basis of net weight of the product as listed by the manufacturer.
Egypt: A circular issued by the Customs Authority makes clear that the General Organisation for Export and Import Control (GOEIC) is responsible for testing e-liquids in the authority’s laboratories – located in Egyptian ports – to ensure they conform to Egyptian standards.
France: Deputy Hubert Wulfranc of the Democratic and Republican Left has submitted a parliamentary question asking whether the minister for ecological transition is considering banning disposable e-cigarettes. Wulfranc describes disposables as “an ecological aberration” and says they are accessible to minors through the major online e-commerce platforms.
Sweden: Social Democrat prime minister Magdalena Andersson resigned today, conceding victory in the country’s general election to the four-party right-wing opposition bloc, led by Ulf Kristersson of the conservative Moderates. While tobacco control policies were not central to the campaign, the right-wing parties have opposed Social Democratic policies and in May voted against the proposal to ban flavoured vapour products. The far-right Sweden Democrats wish to lift the EU ban on snus, claiming Sweden has the lowest rate of tobacco-related deaths; their possible coalition partners the Christian Democrats propose an increase in excise duty on tobacco products; and the centre-right Liberals’ manifesto focuses on the introduction of more prevention and awareness campaigns.
US - federal: The Food and Drug Administration (FDA) has issued new warning letters to manufacturers and distributors of e-liquid products that are “new tobacco products” without the required FDA marketing authorisation.
Hungary: Following an investigation into two Slovak companies selling Elf Bars online, the Hungarian Competition Authority (GVH) has ordered the temporary shutdown of two Hungarian-language websites “to ensure that the businesses’ – presumably illegal – commercial practices cannot reach domestic customers during the GVH’s investigation”. Flavoured vaping products, online e-cigarette sales, and online advertising of vaping products are all illegal in Hungary.
US - New York: The state police have issued a statement on the status of Operation Vaporizer, which was launched in August, targeting sales of flavoured nicotine vapes to minors. Officers found several retailers in Herkimer and Oneida counties selling to under-21s, and charged several people with endangering the welfare of a child. The department added that further arrests were pending.
New Zealand: The association Action for Smokefree 2025 has submitted a paper on the Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill, proposing that general retailers should be permitted to sell e-liquids in fruit and other sweet flavours, and not be limited to tobacco, mint and menthol. The bill, which aims mainly to reduce the number of smoked tobacco products, is currently under analysis by the Health Committee.
Russia: A bill introducing a combined excise tax for disposable e-cigarettes and the e-liquid contained in them came through its first reading in the State Duma yesterday. It would set an initial rate of RUB62 ($1.03) per device plus RUB17 ($0.28) per ml of e-liquid, to rise over the next few years. If adopted, it will come into force three months after its official publication. However, deputy finance minister Alexei Sazanov reportedly told the State Duma Budget Committee that the bill needed to be modified, eliminating the tax on the device, leaving a tax only on the liquid, which should apply to both disposable and reusable e-cigs. Currently, both e-cig devices and e-liquids are subject to excise tax; however, under the principle of one-time taxation, disposables are taxed only at the devices rate.
US - Alaska: The anti-taxation think tank Americans for Tax Reform (ATR) has applauded governor Mike Dunleavy’s decision to veto Senate Bill 45, which would have raised from 19 to 21 the legal age to purchase, sell, exchange or possess tobacco, nicotine-containing products, or e-cigarettes. The bill would also have levied a 35% tax on the wholesale price of all e-cigarette products. ATR’s director of consumer issues, Tim Andrews, said: “Rejecting the tax hike will also make it easier for those who currently smoke to achieve cessation using vapour products.”
UK: Unofficial Elf Bar social media accounts that allegedly target minors had a 15% increase in followers between March and September, rising from 557,960 to over 650,000, according to Vape Club data reported by the media. However, the number of unofficial Elf Bar accounts selling the devices on TikTok has decreased from 205 in March to 53 in September. For the past year, ECigIntelligence has repeatedly reported on increased oversight of the market by Trading Standards.
Ukraine: Parliament yesterday rejected amendments N20 and N21 to Bill 5616 “On the legal protection of geographical indications for agricultural products”, which would have allowed vaping and heated tobacco use in some “specially designated” public areas, media reports. The amendments had been criticised for attempting to introduce matters unrelated to the main subject of the bill, which is prohibited under parliament regulations.
Slovakia: The National Smoke-Free Day festival will take place tomorrow in the capital, Bratislava. Among other activities, adult visitors will reportedly be instructed about the main risks associated with nicotine and tobacco use, including smoke-free alternatives.
UK: The National Health Service (NHS) today published figures showing that 9% of 11- to 15-year-olds vape, either regularly or occasionally, a 50% increase since 2018. A similar result was reported earlier this summer by the charity Action on Smoking and Health (Ash). At the same time, the NHS reports that 3% of pupils are current cigarette smokers, down from 5% in 2018.
Russia: Yaroslav Nilov, head of the State Duma Committee on Labour and Social Policy, has drawn attention to online selling of e-cigarettes to minors, media reports. Nilov has reportedly asked the prosecutor’s office to check on online stores and their compliance with the law.
UK: Responding to MPs’ questions about e-cigarettes and young people, junior health minister Maggie Throup said the Department of Health and Social Care is considering banning cartoon characters, images and flavour names which might be appealing to children. Throup added that the department was working with the Environment Agency to remind vape suppliers who place more than five tonnes of products on the UK market per year that they are obliged to register with the waste electrical and electronic equipment (WEEE) producer compliance scheme.
Slovakia: As of 1st September, following an amendment to the Act on the Protection of Non-Smokers, e-cigarettes can no longer be sold via vending machines.
US - general: RJ Reynolds has asked for a midtrial end to the suit brought by Altria, which claimed Reynolds had stolen its designs for a pod-style vape without paying a royalty, legal media reports. Reynolds said its product lacked some specifics in the design, which made it different from the patent.
Ireland: Research by the Tobacco Free Research Institute Ireland shows that 39% of young people aged between 16 and 17 have tried vaping, while 32% have tried smoking, press reports. The main reasons given for trying e-cigarettes were primarily curiosity (66%) and having friends who vape (29%).
Bahrain: The National Bureau for Revenue announced yesterday that from 16th October all cigarettes available for sale must be marked with distinctive digital stamps as laid down by decree No. 3/2022, issued in May. From that date any cigarettes not having the digital stamp will either be destroyed or confiscated. The system is to be extended later to include other tobacco products such as e-cigarettes, heated tobacco and hookahs.
Brazil: Stefania Piras, general manager of tobacco products inspection for the National Public Health Surveillance Agency (Anvisa), has defended the national ban on e-cigarettes and said use in the country is still low, press reports. The Anvisa board voted unanimously in July to maintain the existing ban on e-cigarettes and heated tobacco. The agency is still discussing whether a new draft regulation will go out to public consultation.
Belarus: Following inspections in August of 118 retail outlets selling nicotine-containing e-liquids and disposable vapes, the Ministry of Antimonopoly Regulation and Trade has reported that in 77 instances products were found to be on open display, in violation of current legislation. Products were also found without certificates of conformity. All offending sellers were told to cease illegal activities.
Brazil: The Ministry of Justice has ordered 31 companies to stop selling e-cigarettes within 48 hours or face a daily fine of BRL5,000 ($960). Although the National Public Health Surveillance Agency (Anvisa) has already banned e-cigs, the ministry has seen evidence of them being sold with the appearance of legality.
US - federal: The FDA Center for Tobacco Products (CTP) has sent out new warning letters to a number of e-liquid manufacturers for offering e-liquid products (listed in the letter) for sale or distribution without a marketing authorisation order.
Switzerland: The Federal Council has submitted for consultation a draft bill to amend the Tobacco Products Act after a majority of voters in a referendum in February supported a proposal by the campaign group Children Without Tobacco to prevent tobacco and vaping advertising from reaching children and young people. The ban would include advertising in newspapers, at open-air events and online. The consultation will remain open until 30th November and the government expects the preliminary draft to be submitted to the Federal Assembly in the first half of 2023.
US - general: Illinois-based e-liquid manufacturer Gripum’s petition for a review of its marketing denial order (MDO), filed on 8th October 2021 in the Seventh Circuit Court of Appeals, has been denied. The court found that the Food and Drug Administration (FDA)’s denial of the company’s premarket tobacco product application (PMTA) for a range of flavoured liquids was not arbitrary or unreasonable. The same court issued a stay of the MDO on 4th November 2021, pending resolution of the litigation.
China (Macau): The Macau Legislative Assembly has unanimously approved a government amendment to the New Tobacco Control Law, which prohibits the manufacture, import, export, distribution and transport of e-cigarettes. Until now, e-cig sales have been forbidden in the special administrative region, while limited imports for personal use were allowed.
US - general: The parent company of Philip Morris USA, Altria, has told a federal jury that RJ Reynolds stole its designs for a pod-style vape without paying a royalty, specialist legal media reports.
Germany: The Federal Office of Consumer Protection and Food Safety (BVL) has updated the list of notified e-cigarette products, which now contains 276,544 vapour products. Only products notified at least six months ago are listed.
Ukraine: Parliament was today due to consider Bill 5616 “on the peculiarities of the legal protection of geographical indications for agricultural products”, including amendments to allow vaping and heated tobacco use in some “specially designated” public areas, media reports. Although the economic policy committe supported both of these amendments, the bill has been criticised for going against a parliamentary regulation that prohibits the introduction of amendments unrelated to a bill’s main subject.
Spain: The Smoking Prevention Committee (CNPT) – the largest anti-tobacco organisation in Spain, representing several medical and anti-tobacco bodies – has criticised the government’s proposal in the Tobacco Market Bill to open 203 new tobacco shops. If passed, the bill would restrict the sale of e-cigarettes and e-liquids to tobacconists only within five years. The CNPT says that instead of increasing the number of tobacconists, the current number should be cut by half. The CNPT also criticised the delaying of the Tobacco Control and Prevention Plan 2021-2025, which was meant to be approved eight months ago and has not yet even been presented. CNPT president Andrés Zamorano said he fears neither the Tobacco Plan nor the amendment to the tobacco laws that the government announced will take place before the elections that are due in November 2023.
US - federal: The US Court of Appeals for the 11th Circuit has granted a petition for review of Bidi Vapor and other companies involved in the case and set aside the marketing denial orders (MDOs) issued to them by the US Food and Drug Administration (FDA), remanding them to the agency. The court held that the MDOs issued to Bidi Vapor, Diamond Vapor, Johnny Copper, Pop Vapor, Vapor Unlimited and Union Street Brands were arbitrary and capricious due to the FDA failing to consider “the relevant marketing and sales-access-restrictions plans”. ECigIntelligence will publish a report in the coming days tracking and analysing all these cases.
EU: The European Commission (EC) yesterday registered a European Citizens’ Initiative (ECI), “Call to achieve a tobacco-free environment and the first European tobacco-free generation by 2030”. The initiative seeks, among other things, to end the sale of nicotine products to people born after 2010, to extend outdoor smoking-free and vape-free spaces, and to eliminate tobacco advertising and social media presence. The ECI will now need to gather 1m signatures within a year of the start date determined by its organisers, including minimum numbers in at least seven EU member states. If enough verified signatures are gained, the EC will then decide whether to put forward any legislation.
US - federal: The Food and Drug Administration (FDA) has sent out several warning letters to e-liquid manufacturers, including reminders that the agency’s authority extends to products containing nicotine from any source, not just tobacco. Many of the letters state that the FDA “has not received an application from your firm requesting marketing authorization for the products listed in this Warning Letter”.
Americas: The Pan American Health Organisation (PAHO), which serves as regional office for the World Health Organization (WHO), has published a 148-page Report on Tobacco Control for the Region of the Americas 2022. The report considers the increasing availability of e-cigarettes as a challenge that impedes the progress of tobacco control. It says: “Terms such as reduced harm or reduced risk tend to confuse people and provide a false sense of security in circumstances where there is no scientific evidence to demonstrate that the consumption of so-called reduced-harm products is safe for health.” And it adds: “The main objective of the marketing strategies for these products is ultimately to attract new users while being able to satiate current tobacco users who wish to quit.”
Malaysia: Health minister Khairy Jamaluddin has told reporters that the details of the Tobacco and Smoking Control Bill are to be discussed this week by a bipartisan special select committee, which he will chair. Jamaluddin has already accepted recommendations by the Parliamentary Select Committee on Women, Children and Social Development, including dropping punishment for possession of vaping products by anyone born after 2007, although their use will remain punishable. The bill has sparked heated debate among MPs and others, despite reported calls by the King of Malaysia to support it.
South Africa: The Department of Health has told ECigIntelligence that the draft Control of Tobacco Products and Electronic Delivery Systems Bill, first put forward in 2018, has been approved by the Forum of South African Directors General for presentation to the cabinet. Ministers will now either agree and submit the bill to parliament or suggest changes. The next steps, including the timetable, will be guided by the cabinet.
Paraguay: The one-year period for companies to adapt to the requirements set out in Decision 153/2021 ended on 11th August. From now on, manufacturers and importers of e-cigarette products must comply with the notification requirements it lays down, and e-liquids exceeding the 20 mg/ml nicotine limit will not be allowed in the Paraguayan market.
US - California: The San Benito County Board has voted unanimously to adopt an ordinance banning the sale of single-use e-cigarettes and flavoured tobacco products within both incorporated and unincorporated areas of the county, which lies in the Coast Range Mountains to the south of San Francisco and has a population of around 64,000. The ordinance, which also prohibits tobacco retailers from selling e-cigarettes, adds to the Californian trend of local flavour bans while a referendum on a state-wide flavour ban is pending.
Chile: Bill 12694-11 to establish a comprehensive regulatory framework for vaping products, with and without nicotine, has recently been on the agenda of the Chamber of Deputies Health Committee, having been in the legislative process since June 2019. Though scheduled debates on 2nd, 9th and 16th August failed to take place, the mere fact of the bill’s first appearance on the agenda may suggest a willingness to start pushing it forward. One of the signatories to the bill, Gabriel Boric, became Chile’s president in March.
Kuwait: Kuwaiti Customs has again postponed the adoption of the 100% customs duty imposed on e-cigarettes and e-liquids by the Gulf Cooperation Council, putting it back from 1st September 2022 to 1st January 2023. The administration issued a similar notice in February, postponing adoption of the duty from 1st March to 1st September.
US - California: Senate Bill 1215, which covers the recycling of electronic waste, has been amended by the Assembly to specifically exclude electronic nicotine delivery systems.
Ukraine: Amendments N20 and N21 to Bill 5616 “on the legal protection of geographical indications for agricultural products” would allow public vaping and heated tobacco use in some “specially designated places”. Although the Economic Policy Committee supported both of amendments, they have been criticised for going against a regulation prohibiting the introduction of amendments that do not relate to the topic of a bill.
Ukraine: Inspectors from the State Production and Consumer Service have begun to check on how restaurants and cafes in the capital, Kyiv, are complying with the anti-tobacco legislation, which prohibits vaping and use of heated tobacco in such places, in line with smoking, media reports.
Egypt: The Ministry of Finance has issued a decree setting out a new process for paying the health insurance tax on tobacco products. Decree No. (369) of 2022, published in the Official Gazette, requires the tax to be paid to the state’s public treasury, through Central Bank of Egypt account 2/70/30301/2, instead of the Health Insurance Authority. E-liquids are taxed in Egypt are taxed at a rate of EGP2 ($0.11) per ml plus 10% of the price.
Colombia: Julián Peinado of the Colombian Liberal Party will next week introduce in the Chamber of Representatives a bill to regulate e-cigarettes, equating them with tobacco products, press reports. If approved, the bill will ban sales to minors and introduce packaging and labelling restrictions, including a mandatory health warning, and ban sponsorship of sporting and cultural events. The Colombian Liberal Party is currently the largest party in the Chamber of Representatives, with 32 seats out of 188.
UK: 3,000 illegal vapes worth between £35,000 and £40,000 in total and 77,420 cigarettes have been seized in twin operations in two West Yorkshire towns. Local press reports that the operation by Trading Standards in Dewsbury and Huddersfield was mounted “in response to recent increases in the sale of illegal vapes in both town centres”.
US - federal: Cristine Delnevo, director of the Rutgers Center for Tobacco Studies and a professor of health behaviour, society and policy at the Rutgers School of Public Health, has been appointed chair of the US Food and Drug Administration (FDA)’s Tobacco Products Scientific Advisory Committee (TPSAC) until 31st January 2025. “This advisory committee plays an important role in several ways, perhaps most notably on the review of modified risk tobacco product applications, as required under the Tobacco Control Act,” Delnevo said.
Philippines: The Bureau of Internal Revenue has published the full text of Republic Act 11900, which will regulate the importation, manufacture, sale, packaging, distribution and use of vaping products. The act will come into force 15 days after its publication in the Official Gazette or in at least two general circulation newspapers, which to the best of our knowledge has not yet happened.
New Zealand: From tomorrow, 11th August, all retailers of vaping products must ensure the products they are selling conform to the new packaging regulations. This includes both general retailers and specialist vape stores. Among the rules are new health warnings and newly prohibited features on packaging.
Russia: The Ministry of Industry and Trade has published a draft decree which would make the digital traceability marking of e-cigarettes and e-liquids mandatory ahead of schedule from 1st November. Under the currently operative government decree, the voluntary experiment with traceability marking should last until 28th February 2023.
Albania: The National Tobacco Agency has confirmed to ECigIntelligence that both nicotine-containing and nicotine-free e-cigarettes are regulated under the Law on the Protection of Health from Tobacco Products. Among other measures, the law sets product restrictions, labelling and packaging requirements and retail restrictions.
New York State: County executive Adam Bello has announced that Monroe County’s Department of Environmental Services is partnering with a waste disposal company to collect and dispose of used vape devices and e-liquids. Monroe County, on the shore of Lake Ontario in upstate New York is the first county in the state to set up such a service. “Vaping is not only a public health issue, it is an environmental issue,” Bello said.
Uzbekistan: Parliament was today considering the Conciliation Commission’s views on a bill to restrict the distribution and consumption of alcohol and tobacco products, media reports. The Senate rejected the bill in June, calling for clarification and amendments, after it was approved by the lower house, the Legislative Chamber, at the end of 2021. The bill aims to amend current tobacco legislation to cover novel products and to ban sales to under-21s.
Saudi Arabia: The Riyadh Municipality has tweeted about “the most prominent violations” by hospitality premises serving “tobacco products”, which include e-cigarettes. They include offering tobacco products without a permit, failure to disclose monthly sales, failure to specify a “tobacco product serving fee” and adding it as a separate item on the customer’s invoice. The authoritiy points out that all these violations are subject to the penalties stipulated in the 2019 Anti-Smoking Law.
US - federal: Brian King, director of the US Food and Drug Administration (FDA)’s Center for Tobacco Products (CTP) has said in a public update on the agency’s review and enforcement of non-tobacco nicotine products that the CTP has been “working diligently” to process premarket tobacco product applications (PMTAs). He said: “I’m thankful that our authority is now clear, and I will not stand by as illegal products with the potential to cause a new generation of youth to become addicted to nicotine, proliferate in the marketplace.” He emphasised that the FDA had received nearly 1m PMTAs from more than 200 separate companies and issued refuse-to-accept (RTA) letters for more than 88,000 products for applications that “do not meet the criteria for acceptance”. Amanda Wheeler, president of the American Vapour Manufacturers Association (AVM), tweeted in response: “Read between the lines: Millions of applications submitted, ZERO approved, yet King assures us the system is working.”
US - general: Matthew Myers, president of the Campaign for Tobacco-Free Kids, has issued a statement saying the US Food and Drug Administration (FDA) “should enforce the law and order immediate removal of all unauthorized synthetic nicotine products”, adding that “sending a small number of warning letters does not comply with the law”.
Australia: More than 15,000 nicotine-containing e-cigarettes have been seized in Western Australia in an operation analysing the content of e-cigarettes that were claimed not to contain nicotine. The state authorities have put more than 3,000 retailers on notice, advising them that the sale of nicotine-containing e-cigarettes other than by a pharmacy and without a medical prescription is banned.
Canada - Nova Scotia: The Finance and Treasury Board has told ECigIntelligence that the federal excise duty on vapour products, due to come into force on 1st October, will not replace the provincial Vaping Products Tax.
Malaysia: The Trade Descriptions (Certification and Marking of Electronic Cigarette Device) Order 2022 comes into effect today. It requires manufacturers and importers of e-cigarette devices and components to apply for a certificate to the inspection and testing body SIRIM QAS International before placing them on the market. E-cigs that comply with the Malaysian Standard on Electronic Cigarette Devices will be marked as such.
Colombia: The incoming government is planning to impose excise duty on e-liquids. President-elect Gustavo Petro and the National Federation of Departments (FND) have signed a document defining the working agenda for the next months, in which duty on e-liquids is labelled as a priority. No details of the rate or model to be imposed have been disclosed.
Canada - British Columbia: The Ministry of Finance has told ECigIntelligence that the federal excise duty on vapour products, due to come into force on 1st October, will not replace the provincial sales tax (PST) of 20% currently charged on vapour products in British Columbia.
Estonia: The Health Board has updated the list of notified e-cigarette products, which contains 33,042 vapour products.
Kyrgyzstan: The Ministry of Economy and Finance has put forward for public discussion a draft resolution on minimum retail prices for tobacco and nicotine-containing products, media reports. It suggests e-cigarettes should be priced at KGS400 ($4.80) per device in 2023, then rise gradually until 2026.
Portugal: Tomorrow is the last day to participate in a public consultation on the 2030 National Strategy for the Fight against Cancer. Among measures proposed are an increase in e-cigarette and tobacco prices, regulation of ingredients and packaging, and raising the minimum legal purchase age.
Indonesia: Government officials and stakeholders met yesterday to discuss revising the tobacco framework, Government Regulation 109 of 2012, with a view to regulating e-cigarettes, press reports. Deputy health minister of Health Dante Saksono said several ministries were working on it, although a formal initiative sent by the Ministry of Health to the president was rejected in January.
Malaysia: The Bipartisan Parliamentary Committee on Health, Science and Innovation has recommended that the proposed generational ban on purchase of vape products should be delayed for three years, and that the ban should start with those born after 2008, instead of 2007, press reports. The committee wants a three-year evaluation period to assess the government’s preparedness to implement the ban and to assess the need for separate regulation of vaping products. It said that e-cigarettes have “harm reduction” characteristics compared to combustible tobacco.
New Zealand: Local Government New Zealand (LGNZ), which represents 78 local, regional and unitary councils, has called on the government to limit retail availability of vaping products and impose proximity restrictions on vape stores. LGNZ president Stuart Crosby said: “We welcome the recent changes that include restrictions around the sale of vapes and advertising and sponsorship but vapes are still available in too many places in our communities.”
New Zealand: The Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill, which would set a limit on vaping retailers and ban the sale of smokable tobacco products to anyone born after 1st January 2009, is now open for comment until 24th August.
Canada: Health Canada’s Tobacco Control Directorate has told ECigIntelligence there is no timetable for the adoption and implementation of the Order Amending Schedules 2 and 3 to the Tobacco and Vaping Products Act (Flavours), restricting vaping flavours and banning sweeteners, proposed last year. An official said the information may be included in the next update to the department’s Forward Regulatory Plan.
Germany: The Federal Office of Consumer Protection and Food Safety (BVL) has updated the list of notified e-cigarette products, which now contains 273,422 vapour products. Only products notified at least six months ago are listed.
Denmark: The Danish Safety Agency seized a quantity of illegally flavoured e-cigarettes from five market stalls at the weekend following a tip-off. Since 1st April only tobacco and menthol flavours are allowed in Denmark. The agency announced that it will continue to make unannounced visits to markets and festivals over the summer to check if illegal e-cigs are being sold. It will also monitor social media and use artificial intelligence tools to identify products for sale online.
Morocco: The Haraki Group of members of the centre-right Popular Movement submitted a draft bill on e-cigarettes to the House of Representatives during a public session yesterday. According to press reports, the proposals include stricter rules on public vaping, health warnings on packaging, a ban on e-cig advertising and on their sale to minors. However, as the party holds only 28 of the 395 seats in the House, the bill is unlikely to gather sufficient support.
Vietnam: During a symposium yesterday on new tobacco products, the Ministry of Health objected to a proposal put forward by the Ministry of Industry and Trade for a two-year pilot programme for trade in e-cigarettes and heated tobacco, press reports. Tran Thi Trang, deputy director of the health ministry’s legal department, said the pilot proposal came purely from a business perspective and has not been thoroughly studied from the point of view of public health.
UK - Wales: The Welsh government yesterday published its tobacco control strategy, aimed at reducing the adult (16+) smoking rate to 5% or less over the next eight years. One of the objectives is to work on discouraging the uptake of e-cigarettes and other nicotine products among teenagers and young people by 2030.
US - Federal: Matt Holman, director of the Office of Science at the FDA’s Center for Tobacco Products (CTP) is leaving immediately to join Philip Morris International (PMI), media reports. According to a memo from CTP director Brian King: “Holman has been on leave and has recused himself from all CTP and FDA work while exploring career opportunities outside government.” Holman leaves just as the CTP faces a series of major decisions, including a potential ban on menthol cigarettes, lowering nicotine levels, and the ongoing efforts to rein in Juul and other e-cigarettes.
New Zealand: The Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill was approved at its first reading in Parliament. The bill is aimed primarily at reducing the number of retailers who can sell smoking products, while it also includes a ban on the sale of smoking products to anyone born on or after 1st January 2009. The bill is now with the Health Committee, which will prepare a report on it before submitting it for second reading. Commenting on the bill, associate health minister Ayesha Verall said she was not happy with the current rate of youth vaping, but added that vaping was a helpful “quit tool” and that its harm was “nowhere on the scale of tobacco”.
Malaysia: A much-discussed bill banning the sale of vaping products to people born in or after 2007 was tabled in Parliament today. The bill does not mention nicotine but defines a “smoking device” as “any electronic device or a battery-operated device or other device, which is used to heat, vaporise, or burn a tobacco product, smoking substance, or substitute tobacco product for smoking”. It defines a “smoking substance” as “any substance or combination of substance comprising of propylene glycol, glycerol, or triethylene glycol for the purpose of smoking”, including nicotine-free e-cigarettes. The bill equates vaping with smoking, and proposes penalties for the purchase, possession and use of vaping products by anyone born after 1st January 2007.
Philippines: The Bureau of Internal Revenue has published an updated list of registered manufacturers and importers of vapour products. According to the authority, any product not included in the list and that does not comply with regulations, such as the health warning requirements, is considered unauthorised.
Philippines: The Vaporized Nicotine and Non-Nicotine Products Regulation Bill (Vape Bill), which introduces further regulation of vaping and heated tobacco products, has lapsed into law after president Bongbong Marcos took no action on it. Among the new provisions is the lowering of the minimum purchasing and sale age to 18. The Department of Trade and Industry becomes the authority to set technical standards. The President’s Office is yet to release a copy of the law.
Europe: A period of consultation on amendments to the EU Classification, Labelling and Packaging (CLP) Regulation opened on Friday, 22nd July, and will run until 19th August. In summary, CLP “sets rules for classifying, labelling and packaging substances and mixtures. Annex VI lists notes that can be assigned to substances with harmonised classifications. These notes provide further instructions on how to classify and label these substances or mixtures containing them. This initiative assigns new notes (added to the CLP Regulation by a recent amendment) to certain substances.”
UK: Lancaster Magistrates Court has fined a store owner for selling nicotine vaping products to minors after a 14-year-old volunteer made a successful purchase in February, local press reports. In addition to a £184 fine, the retailer was ordered to pay a victim surcharge of £34 and council costs of £200. County trading standards manager Angela Lomax said: “Lancashire trading standards will continue to undertake test purchasing operations relating to the whole range of products and services that are subject to age restrictions.”
Italy: The Lazio Administrative Tribunal (TAR) has temporarily suspended a decree introducing retroactive notification fees for vapour products due by 30th July following an appeal by the industry association Anafe. The judges said the Ministry of Health had enacted the decree more than five years after the deadline set by the decree transposing the EU Tobacco Products Directive (TPD) into Italian law. The TAR will rule on the legitimacy of the decree on 18th November.
US - federal: The Food and Drug Administration (FDA) Center for Tobacco Products (CTP) has issued some more warning letters to manufacturers and distributors of e-liquids classed as “new tobacco products” without the required authorisation to remain on the market.
Thailand: Cannabis-based e-liquids will not be exempt from the ban on the import and sale of vaping products. The National Tobacco Products Control Committee has made clear that both e-cigarettes and traditional cigarettes with cannabis are banned, press reports.
Malaysia: Health minister Khairy Jamaluddin today tweeted that, after having taken into account all the opinions expressed in stakeholder engagement sessions, sales of vaping products will be banned to those born in or after 2007, rather than 2005 as previously reported. In a separate tweet, Khairy said the “Generational Endgame” bill will be tabled in Parliament next week.
UK: In response to a series of parliamentary questions, junior health minister Maggie Throup said the government was considering the recommendations of the Khan Review, “including measures to protect children and young people from starting vaping”. She added: “We are assessing options such as potential benefits of banning cartoon characters and images which are appealing to children and the merits of prohibiting free samples. We are also looking at flavours and the appeal for young people.”
United Arab Emirates: The Public Prosecution authority has published a warning on Instagram that the sale, distribution and promotion of tobacco products to under-18s is prohibited. Under the Electronic Nicotine Products standard, e-cigarettes are treated like traditional tobacco, so selling them to minors can lead to at least three months’ jail and a fine of no less than AED15,000 ($4,000) under Federal Law No. 03/2016 on child rights and Federal Law No. 15/2009 on tobacco control.
Italy: Prime minister Mario Draghi has submitted his resignation and dissolved Parliament after the right-wing parties withdrew their support in the Senate. The next elections are due in September 2023 and the far-right Brothers of Italy are currently ahead in the polls, followed by the Democratic Party, League and Five Star parties. In the past, right-wing parties have generally supported a more lenient regulatory approach to new nicotine products. Excise duties on vapour products, currently reduced by a law approved in February 2022, will rise to around €0.25 per ml for nicotine-containing e-liquids and around €0.20 per ml for those without nicotine unless the new government amends the existing legislation.
US - general: Chinese e-cigarette manufacturer JWEI has announced that it has submitted a premarket tobacco product application (PMTA) to the US Food and Drug Administration (FDA) for a device it says focuses on safety and harm reduction and is designed to curb under-age use. The company said it had “embedded the comprehensive PMTA guideline into a set of coherent criteria for product development and study objectives”.
Switzerland: In a joint campaign with five other cantons, the Basel cantonal laboratory examined e-liquids for their nicotine content, prohibited ingredients and health warnings. After it was found that two thirds of the samples were not legally compliant, 44% were subjected to a sales ban for failings such as the nicotine content not being declared in the official language or chemicals being incorrectly classified. According to the health department, the high rate of non-compliance demonstrates that manufacturers and importers are not aware that the products come under the Federal Food Safety Act and the Chemicals Ordinance.
Jordan: The House of Representatives has referred a government-drafted bill of child rights to a joint committee of the Women and Family Affairs Committee and the Legal Committee. The bill proposes fines ranging from JOD 100 ($140) to JOD 300 ($420) for smoking or vaping in front of children, including by parents or family members. Vaping is considered to be smoking under Public Health Law No. 47/2008 and the Standards for tobacco and nicotine products, including electronic ones.
US - federal: US Food and Drug Administration (FDA) commissioner Robert Califf has ordered an external review of the Center for Tobacco Products (CTP), citing a “series of challenges that have tested our regulatory frameworks and stressed the agency’s operations”.
US - general: Myblu vaping products will not be allowed to be sold in the US market while the court reviews a marketing denial order (MDO), as an appellate court has declined to issue an emergency stay for Fontem US in its challenge against an MDO handed down by the US Food and Drug Administration (FDA).
Israel: Health minister Nitzan Horowitz is considering further restricting the marketing of disposable e-cigarettes and raising the excise duty on them, due to their growing popularity among young people, press reports. He is reportedly considering requiring disturbing and impactful images on packaging to discourage purchase.
Malaysia: A poll of 40 members of Malaysia’s lower parliamentary chamber the Dewan Rakyat found only 12 said they would vote in favour of a bill banning the sale of vaping products to anyone born after 2005. Another 26 said they would decide how they would vote after the publication of the draft bill. The report by CodeBlue, a newspaper specialising in health matters, says most of those as yet uncommitted “appeared to lean towards opposing the tobacco bill in its current form, as they expressed various concerns with the proposed generational ban on tobacco and vape”.
Russia: The bill setting future tax rates has been adopted and published, increasing excise rates for e-liquids and e-cigarette devices in 2025 by 4%. Devices will be taxed at RUB 70 (€1.20), and e-liquids at RUB 20 (€0.34) per ml.
US - California: Attorney general Rob Bonta yesterday announced $22m in state funding for local government agencies to tackle the illegal sale of tobacco products, including e-cigarettes, especially to minors. He said the Department of Justice’s Tobacco Grant Program would give local agencies “the funding they need to keep our children healthy and hold tobacco retailers accountable”. Any local agencies with authority to enforce tobacco-related state laws or local ordinances are eligible to apply.
US - general: Triton Distribution and Vapetasia, two manufacturers of flavoured e-liquids, were denied a review of the FDA’s marketing denial order (MDO) in the Fifth Circuit Court of Appeals yesterday, Bloomberg reports. Triton was granted a stay of execution last October, allowing the company to continue selling its flavoured e-cigarettes after receiving an MDO from the FDA in September, pending the resolution of the case. Earlier this year, when the court heard oral arguments, the questions put by the three-judge panel seemed to suggest one judge would be in favour of Triton’s case, while the other two questioned it.
EU: Tomorrow, 20th July, is the last day to submit feedback on the initiative to review the Council of the European Union’s 2009 recommendation on smoke-free environments. The initiative seeks to extend the recommendation to cover emerging products and to increase its scope to include additional outdoor spaces such as schools and playgrounds.
US - General: The anti-tobacco, anti-vaping Truth Initiative is calling on the FDA “to immediately remove all synthetic nicotine products now on the market illegally like Puff Bar, a top youth brand, and to only allow e-cigarettes that have been reviewed and meet the rigorous public health standards to remain on the market”. The group says the FDA should prioritise the review of tobacco-derived and synthetic nicotine e-cigarettes, as they are “most popular among youth”.
US - California: Millbrae City Council intends to prepare an ordinance that would prohibit the sale of flavoured tobacco products within the city, which lies in the San Francisco Bay Area and has a population of just over 23,000. Millbrae is in San Mateo County, where sales of flavoured tobacco products and e-cigarettes have been banned in unincorporated areas since 2018. The county intends to update its Tobacco Retailer Permit Ordinance to specifically include synthetic nicotine products and non-nicotine e-cigarettes and to place stipulations on where new retailers can be located. A Californian referendum over a state-wide flavour ban is still pending.
US - general: The Campaign for Tobacco-Free Kids has urged the Food and Drug Administration (FDA) to enforce the congressionally mandated deadline and clear the market of any synthetic nicotine products, including e-cigarettes, that had not obtained FDA authorisation by yesterday, 13th July. It emphasised that a growing number of e-cigarette manufacturers have increasingly switched to using synthetic nicotine since the FDA acted against flavoured products made with tobacco-derived nicotine. The statement by campaign president Matthew Myers singled out Puff Bar as “the most popular e-cigarette brand among kids” and said it “sells synthetic nicotine products with kid-friendly flavors like Banana Ice and Cool Mint”.
Malaysia: The Cabinet yesterday approved the Tobacco and Smoking Control Bill that sets out to ban the sale of vaping products to anyone born in or after 2005, press reports. The Cabinet’s approval allows health minister Khairy Jamaluddin to table the bill in Parliament, which he intends to do during the upcoming session, which begins on Monday, 18th July.
US- general: Today, 13th July, is the final date for synthetic nicotine products to be marketed in the US without a premarket tobacco product application (PMTA) having been submitted by 14th May. The Food and Drug Administration (FDA) has been criticised for its statement that it could not say how many companies selling such products had submitted an application – making it impossible to estimate the real number of illegal products on the market, media reports. Senator Dick Durbin said: “It seems that the FDA is unable to implement processes for monitoring the market and neglects its duty to ensure compliance with the law.” Matt Myers, president of the Campaign for Tobacco-Free Kids, said: “If FDA allowed products to remain on the market that didn’t file an application, it is both directly contrary to the law and puts America’s kids at risk.” Lawyer Azim Chowdhury said he expected the FDA “to go after big companies known for marketing to kids, and hopes the agency does not try to put small vape shops out of business”.
US - federal: The American Vapor Manufacturers Association has formally asked the inspector general of the US Department of Health and Human Services to investigate “unethical political interference between Congress and FDA”. Specifically it queries whether the commissioner was aware that the FDA’s Juul decision was based on incomplete information; calls for all correspondence between the commissioner and members of Congress (including senator Dick Durbin and representative Raja Krishnamoorthi) to be made public; and also for other communications between the commissioner and a Wall Street Journal reporter, between him and his immediate predecessor, and between any FDA officials and the Campaign for Tobacco-Free Kids and Parents Against Vaping to be made public.
Spain: The National Committee for Smoking Prevention (CNPT) has published a statement expressing concern about the widely reported decision of the Ministry of Health to stop work on an amendment of the Tobacco Act. The CNPT, which is the leading anti-tobacco organisation in Spain and is associated with medical and health organisations, is urging the ministry to confirm whether or not it will indeed abandon its legislative plans. It also insists on the need to approve laws that reduce nicotine and tobacco consumption and asks the ministry about the Comprehensive Plan for the Prevention and Control of Smoking 2021-2025, which was meant to have been approved already. Both the Tobacco Act amendment and the prevention and control plan were intended to impose further restrictions on both tobacco and vaping products.
Mexico: The Federal Commission for Protection Against Public Health Risks (Cofepris) has closed down more than 179 shops and vending machines and seized almost 65,000 e-cigarettes since January 2021, press reports. The Cofepris action comes after e-cig sales were banned by the government, an order that has been contested in court multiple times.
Uruguay: The Ministry of Education and Culture has approved the setting-up of the Association of Vapers of Uruguay (Asovape), which seeks to reduce smoking and regulate the consumption of e-cigarettes, press reports. The ministry said the association would “promote through education...the ways of reducing the harm associated with smoking”. The sale of e-cigarettes has been banned in Uruguay since 2009.
Spain: The Ministry of Health has decided not to continue with its planned amendment to the Tobacco Act, press reports. The government has decided there is not enough time before its term ends at the end of 2023 to undertake the reform, which would have banned smoking on open-air terraces, in cars with children or pregnant women present, and in open-air stadiums. It would also have established neutral packaging and further restricted the advertising of tobacco and vaping products. The amendment was framed within the Comprehensive Plan for the Prevention and Control of Smoking 2021-2025, which was meant to be approved by June 2022 and now presumably will not be approved.
US - federal: Tomorrow, 13th July, is the last day synthetic nicotine products can be marketed in the US without a premarket tobacco product application (PMTA) having been submitted by 14th May. While the Food and Drug Administration (FDA) will maintain enforcement discretion, it will be illegal after tomorrow to distribute such products without a PMTA.
Philippines: The Presidential Office has confirmed to ECigIntelligence that it received the Vaporized Nicotine Products Regulation Bill, which will further regulate vaping products, on 24th June, six days before president Bongbong Marcos took office. If the president does not act on a bill submitted by Congress, it lapses into law after 30 days of receipt.
Hungary: The Supervisory Authority for Regulatory Activities (SZFTH) has provided ECigIntelligence with figures showing that sales of e-liquids grew steadily in 2017, 2018 and 2019 but began to fall with the introduction of a flavour ban in May 2020. Sales slid from 16,000 l in 2019 to 12,400 l in 2020, 9,500 l in 2021 and 4,200 liters in the five-month period from 1st January to 31st May 2022.
Saudi Arabia: The National Committee for Tobacco Control has tweeted that the Islamic pilgrimage season, the Hajj, is an opportunity to quit smoking, and stressed that under the Anti-Smoking Law Royal Decree No. (M/56)/2015 it is prohibited to consume any tobacco product in religious areas, including squares and places surrounding mosques. Saudi Arabia’s anti-smoking regulations also apply to e-cigarettes.
France: Senator Françoise Férat of the Centrist Union Group has submitted a parliamentary question to the minister for ecological transition asking whether he is considering banning disposable e-cigarettes. Férat said disposables encouraged consumption and increased the volume of waste, amounting to an “ecological disaster”.
Saudi Arabia: The Zakat, Tax and Customs Authority has introduced an initial draft through the Public Consultation Platform, proposing amendments to the executive bylaw on excise tax. It suggests that a warehouse should be eligible for licensing as a tax warehouse if it acquires an average of 500,000 vaping devices a year rather than 1m devices as at present, and 125,000 l of e-liquid rather than 500,000. The authority has until 30th July to discuss the amendments before accepting them.
US - Federal: The Food and Drug Administration (FDA) has issued another batch of warning letters to manufacturers and distributors of e-liquid products that it regards as “new tobacco products” lacking the required FDA marketing authorisation.
Brazil: The board of the National Public Health Surveillance Agency (Anvisa) decided unanimously at an extraordinary meeting yesterday, 6th July, to maintain the existing ban on e-cigarettes and heated tobacco. The agency will now prepare a regulatory draft that will be sent to the body’s governing body, the college, for deliberation. The college will later decide whether or not to open the draft for a public consultation.
Sweden: The Public Health Agency has updated the public list of notified e-cigarettes and refill containers, containing 12,054 vapour products.
Italy: The Custom and Monopoly Agency (ADM) has updated the lists of notified nicotine-containing and nicotine-free e-cigarette products, now containing a total of 21,341 products.
Philippines: Presidential spokesperson Trixie Cruz-Angeles has told reporters that the new president, Ferdinand Marcos Jr, has given no indication of whether or not he supports the Vaporized Nicotine Products Regulation Bill, which would change regulations on vaping products. Bills approved by the former Congress lapse into law if the president fails to act on it within 30 days of receiving it. The presidential office has not confirmed to ECigIntelligence when the bill was received.
Romania: The Ministry of Finance has introduced a bill to progressively increase the excise duty on e-cigarettes and e-liquids. It proposes duty on e-liquids at RON0.62 (€0.13) for 2022; RON0.72 (€0.15) in 2023; RON0.81 (€0.16) in 2024; RON0.91 (€0.18) in 2025 and RON1.03 (€0.21) in 2026. If the bill is approved, the new rate will come into force on 1st August and be updated on that date every year.
US - Federal: The US Food and Drug Administration (FDA) has administratively stayed its marketing denial order (MDO) against Juul Labs, says “there are scientific issues unique to the Juul application that warrant additional review”. This only suspends the MDO but does not rescind it -- all e-cigarette products need FDA authorisation in order to be legally marketed.
Brazil: The National Public Health Surveillance Agency (Anvisa) was to discuss the regulation of e-cigarettes and heated tobacco in an extraordinary meeting today, 6th July. The public meeting was called to consider information and comments received during a public consultation, which closed on 10th June. In its preliminary report, published in April, the agency suggested that the existing ban should be maintained. No final decision is expected yet.
France: The National Agency for Food, Environmental, and Occupational Health Safety (ANSES) has published an updated list of notified e-cigarettes, which includes 81,809 products.
US - Michigan: Senate Bill 1109 has been introduced. This bill would prohibit the sale of vapour products with any heating element not made of or encased in glass and/or ceramic.
Luxembourg: In answer to a parliamentary question about whether the increased use by teenagers of flavoured disposable e-cigarettes, as seen in France, was also occurring in Luxembourg, health minister Paulette Lenert said yesterday that as none of the notification fees for disposables had been paid, their presence on the market was illegal. She added that while it did not currently have usage data on these products, “the Ministry of Health takes the emergence of this type of product very seriously [as] the electronic cigarette in all its forms or variants constitutes a potential health risk”.
US - general: The Smoke-Free Alternatives Trade Association (SFATA) met up with the FDA Center for Tobacco Products (CTP) to discuss the future of the vapour industry and what the association called the “pending illicit sales epidemic”. In a meeting well attended by FDA and CTP representatives, the SFATA challenged the mass issuing of marketing denial orders (MDOs) by the FDA, saying it presented the threat of an unregulated illicit market developing. It said that in the cause of reducing youth vaping, the FDA had spread the belief that vapour products are at least as harmful as combustible tobacco. The SFATA, whose presentation used data provided by ECigIntelligence, called on all interested parties to join it in its work of “advocating for a reasonably regulated marketplace”.
EU: EU law requires certain large companies to disclose information on the way they operate and manage social and environmental challenges. The European Council and Parliament have reached an agreement on the rules of the Corporate Sustainability Reporting Directive, which will impact listed EU and non-EU companies operating in the region, with a turnover of more than €150m. Among more detailed reporting requirements, it requires large companies to report on sustainability issues such as environmental, social and human rights and governance factors, and to have their reported sustainability information independently audited.
Portugal: The Directorate-General for Health has launched its 2030 National Strategy for the Fight against Cancer. Among measures proposed are an increase in e-cigarette and tobacco product prices, regulation of ingredients and packaging, and raising the minimum legal purchase age. The document is under public consultation until 29th July.
Germany: The Federal Office of Consumer Protection and Food Safety (BVL) has updated the list of notified e-cigarette products, which now contains 267,980 vapour products. Only products notified at least six months ago are listed.
Vietnam: Luu Binh Pyong, a member of the one-party National Assembly, has criticised the loose management of novel tobacco products and spoken out against a ban, press reports. Other members of the Assembly have also supported the creation of a legal framework. Heated tobacco is forbidden in Vietnam while e-cigarettes are unregulated.
Philippines: After campaigning in a televised briefing against the Vaporized Nicotine Products Regulation Bill, the Department of Health has issued a statement urging president Rodrigo Duterte to veto the bill, which it says would hand its power over all aspects of e-cigarettes and heated tobacco to the Department of Trade and Industry. The bill was approved by the Senate and House of Representatives in January but has not yet been sent to the president’s office.
US - federal: The Food and Drug Administration (FDA) has issued new warning letters to manufacturers and distributors of e-liquid products that are classed as “new tobacco products” lacking the required FDA marketing authorisation to remain on the market.
Belgium: The Superior Health Council has issued a report on the evolution of e-cigarettes, saying they are less harmful than traditional cigarettes and can be used as a smoking cessation tool – though it stresses that they are not risk-free. The council recommends the government to draw up a list of prohibited additives in e-liquids, extend the notification obligation to nicotine-free vapes, and introduce health warnings for nicotine-free e-cigarettes. It advises against introducing a flavour ban, which it says would be counterproductive, discouraging those who have switched from smoking to vaping.
Hungary: The Hungarian Competition Authority (GVH) yesterday launched an investigation into two Slovak companies selling Elf Bars online. The GVH said: “The companies presumably give the false impression on their websites that the products can be legally marketed, despite the fact that the distance selling of both nicotine-containing and nicotine-free flavoured electronic cigarettes is prohibited in Hungary.” Hungary’s Supervisory Authority for Regulated Activities (SZTFH) recently issued an alert that the sale of Elf Bars, flavoured disposable e-cigarettes, was illegal.
Russia: The State Duma Budget and Taxes Committee has backed a government amendment which would increase excise rates on e-cigarette devices and e-liquids by 4% in 2025, media reports. If the bill is adopted, e-cig devices will be taxed at a rate of RUB70 ($1.38) and e-liquids at RUB20 ($0.39) per ml.
Egypt: The Egyptian Consumer Protection Agency (CPA) has extended to October the deadline for manufacturers, importers and distributors of tobacco and its alternatives to print prices on their products using QR codes. A December 2021 resolution originally gave companies until July 2022 to effect the change.
Philippines: The Department of Health has asked charities, clubs and community organisations in a televised briefing to help it campaign against the Vaporized Nicotine Products Regulation Bill, which will change regulations on vaping and heated tobacco products. The bill was approved by the Senate and House of Representatives in January but has not yet been sent to the president’s office.
Bangladesh: A proposed amendment to the Smoking and Using of Tobacco Products (Control) Act entails a ban on production, import, and sales of e-cigarettes and nicotine pouches, media reports. A consultation on the proposal is open until 14th July.
Bulgaria: A budget bill which would have introduced excise tax on e-liquids will not be voted on after the government was dissolved following a no-confidence vote.
EU: The European Commission Directorate General for Health and Food Safety (DG-Santé) has published a document entitled Healthier Together, on the EU non-communicable diseases initiative, highlighting the control of “tobacco and related products”. The paper lists policies that have proved “effective or promising”, such as product regulation, price increases, warnings, reduced advertising, sponsorship and promotion, and controls on the availability and density of retailers.
US - federal: A federal court has temporarily blocked the US Food and Drug Administration (FDA)’s marketing denial order (MDO) banning Juul from the US market. The company filed an emergency motion with the US Court of Appeals in Washington DC as it prepares an appeal against the FDA’s decision. In its petition for the stay Juul said the “FDA cannot credibly argue that there is a critical and urgent public interest in removing [Juul Labs’] products from the market right now, rather than after this Court reviews FDA’s action”.
US - federal: The US Food and Drug Administration (FDA) today announced that it has issued marketing denial orders (MDOs) to Juul Labs for all of its products currently on sale in the US and that the company must stop selling and distributing them. In addition, those already in the market must be removed, or risk enforcement action.
Ireland: Senators have urged stricter regulation of e-cigarettes, press reports. In discussions on the Nicotine Inhaling Products Bill, senator Diarmuid Wilson of the Fianna Fáil party said: “We must try to strike a balance between the potential benefits of e-cigarettes for adult smokers trying to quit and the risks that more non-smokers, particularly children and especially young children, will start vaping.” Senator Micheál Carrigy of Fine Gael called for further retail restrictions, including a retail licensing system.
France: The National Agency for Food, Environmental, and Occupational Health Safety (Anses) has published an updated list of notified e-cigarettes, which includes 79,341 products.
South Korea: E-cigarette health warnings remain unchanged following a decision by the National Health Promotion Policy Deliberative Committee to change pictorial warnings on tobacco products.
Kazakhstan: The Senate, the upper chamber of Parliament, has approves a bill to introduce changes to the Tax Code, media reports. It would increase the tax rate on nicotine e-liquids to KZT53 ($0.12) per ml from 1st January 2023 and to KZT55 from 1st January 2024. The bill will now go to president Kassym-Jomart Tokayev for signature. The recent call for a ban on the sale of e-cigarettes has not led so far to any legislative moves.
EU: The European Commission yesterday launched an initiative to review the Council’s 2009 Recommendation on smoke-free environments. The initiative seeks to extend the recommendation’s coverage to include emerging products and to incorporate additional outdoor spaces. The feedback period is open until 20th July.
Kazakhstan: The concept of harm reduction, as well as the regulation of new nicotine products, has been discussed at the first Eurasian nicotine forum in the capital, Nur-Sultan, media reports. The forum was attended by scientists, doctors, representatives of leading tobacco firms and interest groups.
UK: The Intellectual Property Office (IPO) has reported that IP infringement related to e-cigarette products was reported by more than 30% of local Trading Standards Authorities in 2021-2022, far more than in previous years. “This indicates that the market for counterfeit vaping products has transformed during the last four years from a relatively small scale, niche, area of criminal activity into a more significant one,” the IPO said.
Sweden: The Riksdag (parliament) has approved a bill on Stricter rules for new nicotine products, strengthening the restrictions on advertising and marketing e-cigarettes and refills. However, a proposal to ban non-tobacco flavours in e-liquids was rejected, as recommended by the Social Affairs Committee.
US - New Jersey: Assembly Bill 4316 has been introduced, which would prohibit the use of e-cigarettes and tobacco products by drivers engaged in delivery of food.
France: Following president Emmanuel Macron’s loss of a majority in the National Assembly, with the left-wing alliance led by Jean-Luc Mélenchon taking 131 seats and Marine Le Pen’s far-right Rassemblement National 89 seats, against the 245 held by Macron’s Ensemble! coalition, it will be difficult for the re-elected president to pursue his agenda – which included no proposed change in policy on vaping products. During his unsuccessful presidential campaign, Mélenchon proposed getting tougher on tobacco smuggling, but neither candidate’s manifesto mentioned new nicotine products.
Italy: The Customs and Monopolies Agency (ADM) has updated the list of websites that do not comply with restrictions on advertising and long-distance sales of vapour products. Websites that are still non-compliant on 23rd June will be blocked by the ADM.
New Zealand: Associate health minister Ayesha Verall has introduced a bill setting new requirements for entry into the combustible tobacco and vaping products retail markets. The bill is part of the Smokefree Aotearoa 2025 Plan and is aimed primarily at reducing the number of retailers who can sell smoking products. Among the measures is a ban on the sale of smoking products to anyone born on or after 1st January 2009.
Canada: The government has proposed changes to the Vaping Products Reporting Regulations, requiring manufacturers of vaping products with and without nicotine to provide Health Canada with information on ingredients and sales data. Retailers would not be required to report information unless they also manufacture vaping products. Reports on ingredients of products sold in Canada would be required a month after the first complete quarter of the year after the coming into force of the proposed regulation for each brand of vaping product or kit sold in Canada. Ingredients reports for new vaping products would have to be made on or before the day they are first sold in Canada.
Sweden: The Riksdag (parliament) Social Affairs Committee has published a report on the bill Stricter rules for new nicotine products supporting the proposed toughening of restrictions on the marketing and advertising of e-cigarette products but rejecting a ban on non-tobacco flavoured e-liquids. The bill will be debated in the Riksdag before a vote on 22nd June.
US - general: A jury at the federal US District Court in Virginia has awarded Philip Morris International (PMI) $10.7m in a patent case against RJ Reynolds Vapor Company, finding that both Vuse Alto and Vuse Solo G2 e-cigarettes infringe PMI patents.
Germany: The Alliance for Tobacco-Free Enjoyment, an association of small and medium-sized companies, has filed a complaint with the Federal Constitutional Court (BVG) to prevent future increases in e-cigarette tax, press reports. This follows a tobacco tax reform, adopted in 2021, which introduced a tax on e-liquids with or without nicotine from 1st July 2022, increasingly annually until 2026.
EU: Tomorrow, 17th June, is the last day to submit comments on the European Commission initiative to review the current tobacco legislative framework, the Tobacco Products Directive (TPD) and the Tobacco Advertising Directive (TAD). The initiative covers product regulation, advertising, promotion and sponsorship. It aims to assess how far the framework has fulfilled its goals and whether it can support a “tobacco-free generation” by 2040, as announced by the Special Committee on Beating Cancer (BECA).
Denmark: A possible ban on nicotine products is among the topics for discussion today at the Folkemødet (People’s meeting), an open forum for political parties to engage with the public. The discussion, led by the Danish Cancer Society, will feature MP Per Larsen of the opposition Conservative People’s Party. In April, health minister Magnus Heunicke said it would not be possible to implement a proposed ban on access to tobacco and nicotine for those born in or after 2010 due to the terms of the EU Tobacco Products Directive (TPD).
Norway: The Health Directorate has updated its online page on e-cigarettes, which now says the ban on nicotine-containing vapour products is likely to be lifted in 2023.
US - Michigan: House Bill 6108 has been referred to a second reading. The bill would amend state law to raise the legal age to purchase a vapour, tobacco or alternative nicotine product from 18 to 21, in accordance with federal law.
Hungary: The Supervisory Authority for Regulated Activities (SZTFH) published an announcement today about a new, un-notified brand of flavoured disposable e-cigarettes whose usage is widespread among minors – despite flavoured e-cigarettes being banned in Hungary. The SZTFH says it is cracking down and that in recent weeks it has seized HUF135m ($354,000) worth of Elf Bars.
Netherlands: Market data notification on sales volumes of products in the previous year is required in the Netherlands by 15th June each year.
UK: MP Andrew Gwynne asked health secretary Sajid Javid yesterday whether tobacco lobbyists would have any influence on the government’s overdue tobacco control plan, prevention strategy or planned response to the Khan review? Javid replied that the government was committed to a smoke-free 2030, which was why he commissioned the independent review. “I welcome its findings and we are carefully considering them,” he said.
South Africa: The Supreme Court of Appeal has ruled that the regulations banning the sale of tobacco products during the Covid-19 lockdown were invalid and unconstitutional. This comes after the minister of co-operative governance and traditional affairs imposed a series of regulations to contain Covid-19, including a ban on the sale of heated tobacco and e-cigarettes.
China: The national Unified e-cigarette trading platform was launched today. As explained in our report on Chinese regulation, the platform will hold information on licensed operators and all products sold domestically, as well as those intended for export after they are reviewed by the tobacco administration.
Canada: An industry pilot project on recycling of cannabis vape products to tackle consumer waste has ended due to a lack of participation, media reports. The programme, which began in December 2020, aimed to equip over 200 stores in British Columbia, Alberta and Ontario with countertop collection boxes, which would then be managed by Quantum Lifecycle Partners, specialists in recycling electronic goods.
Austria: Today, 15th June, is the deadline for the submission of e-cigarette notification fees, which should be calculated by the manufacturer or importer and sent electronically to the Austrian Agency for Health and Food Safety (AGES).
Israel: An order introduced in November 2021, establishing a tax on e-liquids, has expired without being approved by the Knesset (parliament), meaning no such tax will be imposed, press reports. The full Knesset yesterday rejected the Finance Committee’s proposal to reduce the proposed excise duty by 10% to 243% of the common wholesale price.
Kazakhstan: An online petition against a possible ban on the sale and use of e-cigarettes has so far been signed by 6,772 people, with 5,990 in support. The rapidly-growing petition comes in response to a proposal by the leader of the National Coalition for a smoke-free Kazakhstan that a ban on e-cig sales should be added to the Health Code.
Sweden: A report will be published on Thursday, 16th June, after the Social Affairs Committee met today to discuss a bill on Stricter rules for new nicotine products. The bill would ban non-tobacco-flavoured e-liquids and strengthen the restrictions on marketing and advertising of e-cigarettes and e-liquids. Parliament will vote on the proposal on 21st June.
EU: The EU Early Warning System, operated by the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) today published its report on New psychoactive substances: 25 years of early warning and responses in Europe. The report, which provides an update on synthetic cannabinoids, warns of an “increase [in some parts of Europe] in reports of the vaping of synthetic cannabinoids using electronic cigarettes”. It adds that “in some cases, individuals are unaware they are using synthetic cannabinoids as the products are mis-sold as containing THC or CBD”.
Philippines: The Supreme Court has upheld a ruling recognising the regulatory authority of the Department of Health (DOH) and the Food and Drug Administration (FDA) over tobacco products. The Philippine Tobacco Institute had argued that tobacco regulation should be in the hands of the Inter-Agency Committee on Tobacco (IAC-Tobacco). The FDA and DOH are the current regulatory authorities for heated tobacco and e-cigarettes.
Switzerland: The Federal Office of Public Health has announced a smoking and vaping prevention campaign aimed at childen and young people under the title “Free. Fair. Futures”.
US - Federal: The FDA has issued both authorisation and denial orders to various Njoy disposable e-cigarettes. Marketing Granted Orders were issued for the company’s Daily Rich Tobacco 4.5% and Daily Extra Rich Tobacco 6%". Meanwhile, a number of denial orders were handed out for other Daily products, the FDA stating that “retailers should contact NJOY with any questions about products in their inventory”. Applications for two menthol-flavoured Daily products remain under FDA review.
France: The results of yesterday’s first round of voting in the National Assembly elections suggest the second round on 19th June will be a close contest between the left-wing alliance led by Jean-Luc Mélenchon and president Emmanuel Macron’s Ensemble! coalition, which risks losing its present majority. During his unsuccessful presidential campaign, Mélenchon proposed getting tougher on tobacco smuggling and aiming for a “zero tobacco” youth. Neither candidate’s manifesto mentioned vaping products.
Uzbekistan: The Senate has rejected a bill to restrict distribution and use of alcohol and tobacco products, saying it needs to be clarified and improved, press reports. The bill, which covers all tobacco and nicotine products, including vaping and heat-not-burn (HnB) products, will be presented again at the next full session of the Senate after the lower house, the Legislative Chamber, considers the shortcomings pinpointed by senators.
Russia: The bill on regulating the production and circulation of tobacco products has been submitted to the Russian government, media reports. Reportedly, the document would provide for licensing activities in the production and import of tobacco and nicotine-containing products, among other things. However, no further details have been circulated.
US - Michigan: House Bill 6108 has been recently introduced and referred to the Committee on Judiciary. The bill would amend state law to raise the legal age to purchase a tobacco product, vapour product or an alternative nicotine product from 18 to 21, in accordance with federal law.
UK: Javed Khan, who has been tasked by the government to to head an independent review into tobacco control, has tweeted that the presentation of the review to the government, originally scheduled for yesterday, 25th May, has been postponed until June.
US - Federal: The FDA has come in for some strong criticism after its first court-ordered update revealed the agency did not expect to finish reviewing the remaining PMTA applications until at least June 2023.
US - Federal: The Food and Drug Administration (FDA) has issued several new warning letters to manufacturers and distributors of e-liquid products that are considered “new tobacco products” without the required FDA authorisation to remain on the market.
Spain: More than 85% of Spaniards would be in favour of more restrictive regulation of tobacco products and 72% would ban smoking on restaurant and bar terraces, press reports. The survey was conducted by the Spanish Society of Family and Community Medicine (semFYC). Susana Morena, coordinator of the Smoke-free week (a campaign organised by semFYC) said the restrictions on smoking should be extended to e-cigarettes and tobacco-heating devices. She said there was a false perception among young people that such products were less dangerous.
Russia: Members of the parliamentary cross-party working group on protecting the health of citizens from alcohol, drug and tobacco are planning to submit a bill to prohibit the sale of nicotine-containing products to people born after 2010, media reports. The current legal framework includes heated tobacco products and nicotine-containing liquids under the definition of nicotine-containing products.
Australia: A change of government, following the weekend’s election, could have a direct impact on nicotine and innovative tobacco products in the country. The Australian Labor Party, which has promised to crack down on “unhealthy products”, now has 75 seats in the House of Representatives (out of 151) and 26 in the Senate (out of 76). This approach, together with the existing 2030 National Tobacco Strategy, which will be focused on reducing tobacco lobbying and holding public campaigns warning of the dangers of tobacco products, is sure to play a big role in future regulation.
US - Federal: Brian King, regarded as the man who coined the term “e-cigarette or vaping use-associated lung injury” (EVALI), is to be the new head of the US FDA’s Center for Tobacco Products (CTP). He will take over the position on 3rd July after spending more than a decade at the Centers for Disease Control and Prevention (CDC). While the appointment has been met with dismay among the vaping industry, FDA commissioner Robert Califf emphasised that King has detailed knowledge of premarket review pathways and tobacco product applications.
New Jersey: Senate Bill S 2667 has been introduced. It would prohibit the sale of menthol cigarettes and the sale or distribution of e-cigarettes and related products in all flavours but for tobacco.
Colombia: The Ministry of Health reports that between 2016 and 2021, smoking prevalence fell from 8.3% to 5.6%, a drop of 1m in the number of smokers. The ministry has not revealed figures for the number of users of e-cigarettes or heated tobacco.
Australia: Western Australia’s Department of Health has reported that it seized 950 nicotine-containing e-cigarettes which were being sold without a doctor’s prescription, which has been illegal in Australia since 1st October 2021. Western Australia does not differentiate between nicotine-containing and nicotine-free vaping products, prohibiting non-prescription sales of either.
Russia: State Duma member Sultan Khamzaev, head of the federal Sober Russia project, has proposed banning QR codes, web addresses and promotion of corporate social media accounts from the packaging of tobacco and nicotine-containing products, media reports. Advertising of tobacco and nicotine-containing products is prohibited in Russia.
EU: The European Commission published on Friday, 20th May, an initiative to evaluate the EU’s legislative framework for tobacco, covering product regulation, advertising, promotion and sponsorship. It aims to assess how far the framework has fulfilled its goals and whether it can support a “tobacco-free generation” by 2040, as announced by the Special Committee on Beating Cancer (BECA). The initiative, which will help the Commission decide whether the EU approach should continue or be amended, is now open for feedback until 17th June.
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@example.com.
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.
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.
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.
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.
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.
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.