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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.

30th September 2022 - North America, United States |
US - general: Altria Group has disclosed in a filing to the Securities and Exchange Commission that it plans to end the non-compete agreement with Juul, press reports. Altria stated: "We believe the decision to terminate our noncompete maximizes our flexibility to compete in the e-vapor space while maintaining our economic interest in JUUL." More information can be found in our news briefing.
30th September 2022 - Canada, North America |
Canada: On 1st October, the federal excise duty on vaping products will start applying. The rate of CAD1 (USD0.73) per 2 ml, or fraction thereof, is charged for the first 10 ml. For e-liquids exceeding 10 ml, a rate of CAD1 (USD0.73) per 10 ml, or fraction thereof, is charged.
30th September 2022 - North America, United States |
US - general: Juul's chief regulatory officer, Joe Murillo, has criticised the Food and Drug Administration (FDA)'s approach towards vaping regulation during a tobacco conference, press report. “Fly-by-night companies have flooded the market with illegally marketed products,” Murillo said. “These products flout laws and regulations and present a public health danger. While we’ve seen progress, regulators need to improve and prioritize effective enforcement.”
29th September 2022 - Central America, Costa Rica |

Costa Rica: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 reportsThe 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.

29th September 2022 - North America, Oregon, United States |

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.

29th September 2022 - California, North America, United States |

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.

28th September 2022 - North America, United States |

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.

27th September 2022 - North America, United States |

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.

27th September 2022 - North America, United States |

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.

23rd September 2022 - North America, Tennessee, United States |
US - Tennessee: An ordinance to prohibit smoking and the use of vapour products in certain age-restricted establishments such as bars and music venues that was discussed in the Metropolitan Council of Nashville and Davidson County was deferred for a second time on 20th September; it was previously deferred on 16th August. Many owners of bars for over-21s are complaining, saying that this ordinance will drive them out of business, local news reports.
22nd September 2022 - North America, United States |

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.

21st September 2022 - North America, United States |

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.

20th September 2022 - Michigan, North America, United States |

US - Michigan: A number of bills were to be heard today in the Senate Committee on Regulatory Reform, including Senate Bill 572SB 573SB 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.

19th September 2022 - North America, United States |
US-federalDemocratic senator from Illinois Dick Durbin has spoken on the Senate floor about the Food and Drug Administration (FDA)’s failure to meet e-cigarette and synthetic nicotine deadlines, unwillingness to take action against companies that ignore the agency’s orders, and general lack of urgency when it comes to protecting children from these products. He stated: “The FDA has the legal right and authority to pull these products off the shelves, but with respect to illegal e-cigarettes, they do nothing.”
16th September 2022 - North America, United States |
US - Federal: Brian King, the new director of the US Food and Drug Administration’s Center for Tobacco Products (CTP) said in an interview that his priorities include reaching populations that have been affected by tobacco, informing young people about the dangers of vaping, and making policies, such as flavour restrictions. He said: “The menthol and cigar flavors rulemakings, as well as work related to making cigarettes minimally or non-addictive, are just a few examples of our ongoing work toward meaningful change to achieve health equity”.
15th September 2022 - North America, United States |

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.

14th September 2022 - New York, North America, United States |

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.

13th September 2022 - Alaska, North America, United States |

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.”

12th September 2022 - North America, United States |
US - Federal: Democratic senator from Illinois Dick Durbin has called on the Food and Drug Administration (FDA) to complete its premarket review of e-cigarettes, claiming the agency has failed to meet the one-year court-ordered deadline to review them. The FDA has said it does not anticipate completing its review of the most popular e-cigarette products on the market until 2023, which Durbin finds a very harmful delay. Specifically, Durbin states that the FDA is not using its enforcement authority to stop the sale of illegally marketed e-cigarettes, even after having sent them warning letters. The senator further wrote that the agency refused to use its authority to regulate the synthetic nicotine marketplace; while the FDA has not authorised a single one of those products, they remain widely available.
9th September 2022 - North America, United States |
US - Federal: The US Food and Drug Administration (FDA) has launched a non-tobacco nicotine (NTN) product website that includes up-to-date information about premarket review progress and enforcement actions. As of 6th September, the FDA has issued refuse-to-accept (RTA) letters for more than 800,000 NTN products in applications submitted by 14th May that do not meet the criteria for acceptance; this includes more than 700,000 new RTAs since 3rd August. In total, the FDA has accepted over 350 applications for NTN products, with the vast majority being for e-cigarette or e-liquid products.
US - General: Altria stated that “a jury in the US District Court for the Middle District of North Carolina found that Reynolds Vapor Company’s Vuse Alto e-vapor product infringed three patents owned by Altria Client Services”. The jury has awarded Altria $95,233,292 in past damages, and post-trial proceedings will address ongoing damages. The jury also accepted Altria’s petition to find a royalty rate of 5.25%.
6th September 2022 - North America, United States |
US - general: Juul Labs is set to pay $438.5m in a settlement of 34 states’ and territories’ investigations into the company’s marketing practices. Under the settlement, Juul will also agree to a range of restrictions on its marketing activities. They include an undertaking not to market to youth, no advertising on billboards or public transportation, stringent limits on social media advertising, and an end to “misleading representations about nicotine content”. “The terms of the agreement are aligned with our current business practices which we started to implement after our company-wide reset in the Fall of 2019,” the company said. It had previously reached separate settlements with some individual states.
5th September 2022 - North America, United States |

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.

5th September 2022 - Brazil, South America |

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.

2nd September 2022 - North America, United States |
US - federal: The Federal Trade Commission (FTC) has issued its second report on e-cigarette sales and advertising nationwide. The FTC states that it "shows sales of flavored disposable e-cigarettes and menthol e-cigarette cartridges surging dramatically in 2020". It notes that the increase suggests that youth e-cigarette use has shifted towards substitute products rather than declined, and it also shows that the distribution of free and discounted e-cigarettes has reached record highs. “Marketers of e-cigarettes have proven skillful at evading FDA regulation and hooking youth on addictive products," said Samuel Levine, director of the FTC’s Bureau of Consumer Protection.
1st September 2022 - Brazil, South America |

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.

1st September 2022 - North America, United States |

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.

31st August 2022 - North America, United States |

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.

30th August 2022 - North America, United States |

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.

29th August 2022 - North America, United States |
US - federal: The Center for Tobacco Products (CTP) updated the term “grandfathered tobacco product” to “pre-existing tobacco product” on all of its systems. The updated terminology more clearly and appropriately describes these products. A pre-existing tobacco product has the same definition as a grandfathered product: "Specifically, a pre-existing tobacco product is any tobacco product (including those products in test markets) that was commercially marketed in the United States as of Feb. 15, 2007."
26th August 2022 - Colombia, South America |
Colombia: Julián Peinado, the representative from the Colombian Liberal Party, has introduced in the Chamber of Representatives a bill that would regulate e-cigarettes. The bill aims to equate these products with tobacco products. If passed, the bill will ban the sale of e-cigarettes to minors and will subject them to packaging and labelling restrictions, including the duty to carry a health warning. The bill also proposes banning the sponsoring of sports and cultural events. The Colombian Liberal Party currently holds 32 seats out of 188 in the Chamber of Representatives, which makes it the party with the highest number of seats.
US - Alaska: Senate Bill 45 has been transmitted to the governor. This bill would raise the legal age to purchase, sell, exchange, or possess tobacco, a product containing nicotine, or an electronic smoking product from 19 to 21. It would further levy a tax as follows: 35% of the wholesale price of "(A) a closed-system electronic smoking product; (B) a vapor product sold as part of an open-system electronic smoking product; (C) a vapor product sold separately from a closed- or open system electronic smoking product".
26th August 2022 - Colombia, South America |
Colombia: The government is planning to impose a tax on e-cigarettes, press reports. The economic commissions of the Chamber of Representatives and the Senate have met with the minister of finance, José Antonio Ocampo, this week to discuss the details of the tax. This tax is being considered together with tax amendments in other areas, but no further details about the tax rate or possible tax system have been revealed so far. The government plans to have the tax approved by the end of the year. Representative Milena Jarava from the liberal party Partido de la Unión de la Gente also proposed establishing a tax on the advertising of e-cigarettes on social media.
26th August 2022 - Chile, South America |
Chile: On 30th August, the Health Committee of the Chamber of Deputies is set to discuss Bill 12694-11, which was introduced in the legislative process in June 2019 to establish a comprehensive regulatory framework for both nicotine-containing and nicotine-free vaping products. As we previously reported, the bill – which has Gabriel Boric's signature, Chile's president since March of this year – was scheduled to be discussed in the same Committee in previous meetings, which all failed to take place.
25th August 2022 - North America, United States |

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.

24th August 2022 - United States |

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”.

19th August 2022 - Canada, North America, Saskatchewan |
Canada - Saskatchewan: 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 Vapour Products Tax.
19th August 2022 - North America, United States |
US - Federal: Yesterday, the US Food and Drug Administration (FDA) issued a warning letter for marketing illegal flavoured nicotine gummies – the first warning letter for this type of product. The FDA stated: "these types of gummies are of particular public concern because of their resemblance to kid-friendly food or candy products and the potential to cause severe nicotine toxicity or even death among young children." "Nicotine gummies are a public health crisis just waiting to happen among our nation’s youth, particularly as we head into a new school year,” said FDA commissioner Robert Califf.
18th August 2022 - North America, United States |
US - General: A judge has issued an order amending the judgement that originally had RJ Reynolds paying $11m to Philip Morris International (PMI) for patent infringement. According to Bloomberg Law, the judge increased the amount to more than $14m ($10.9m and $3.16m for two separate patent claims).

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.”

17th August 2022 - Paraguay, South America |

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.

17th August 2022 - Chile, South America |

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.

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.

US - Pennsylvania: House Bill 1309 has been referred to the Senate. This bill would include electronic smoking devices within the definition of "smoking" for purposes of the Clean Indoor Air Act. This legislation would also give all localities the ability to enact smoke-free ordinances that are more restrictive than current state law.
11th August 2022 - North America, United States |
US - general: A Freedom of Information request by a media outlet has revealed an August 2020 memo showing that the Center for Tobacco Products (CTP) originally had a different strategy for reviewing premarket tobacco product applications (PMTAs). According to the memo, reviews were to be conducted through a “bracketing system”, described as “the process of individually evaluating the highest and lowest variation of a given characteristic within the bundle...and bridging the findings and conclusions to all other products within the bracket”. This system was meant for open-system e-liquids, for which they were expecting a huge number of applications; by dividing PMTA submissions into smaller bundles, the burden was expected to be relieved. That approach would have increased “the likelihood that FDA can issue more marketing orders on a greater number of tobacco products which would provide public health benefit”. It is not known why this approach was later not followed.
11th August 2022 - Colombia, South America |

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.

10th August 2022 - North America, United States |

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.

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.

8th August 2022 - North America, United States |

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.”

5th August 2022 - North America, United States |

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”.

3rd August 2022 - Canada, North America, Nova Scotia |

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.

2nd August 2022 - Colombia, South America |

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.

1st August 2022 - North America, United States |
US - Federal: Last week, a United States Court of Appeals for the District of Columbia Circuit denied the petitions for review of four e-liquid manufacturers regarding their Marketing Denial Orders (MDOs). They rejected all of the petitioners' arguments, including that the Food and Drug Administration (FDA) acted in an arbitrary and capricious manner. The decision seemed to focus heavily on the impact of e-cigarettes on the youth.
US - California: As of 25th July, it’s unlawful to sell flavoured tobacco to anyone in the unincorporated areas of Sacramento County. The sales ban includes flavoured cigarettes, e-cigarettes and cigars along with any flavoured edible tobacco and nicotine products. According to a Sacramento County news release, all cigarette products with smells and flavours except tobacco are prohibited from being sold. Hookah lounges are not exempt from the ban.
28th July 2022 - Canada, North America |

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.

27th July 2022 - North America, United States |

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.

US - New York: Senate Bill 4142 has been signed into law by governor Kathy Hochul. The bill makes smoking on all state-owned beaches and boardwalks, in marinas, playgrounds, recreation centres and group camps punishable by a $50 fine. It exempts the Adirondack and Catskill conservation parks from the ban as well as parking lots, sidewalks adjoining parks, and areas not used for park purposes. The ban does not apply to e-cigarettes.
25th July 2022 - North America, United States |

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.

US - Michigan: House Bill (HB) 6108 has been signed into law by the governor. This bill amends 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.
21st July 2022 - North America, United States |

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”.

20th July 2022 - North America, United States |

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”.

20th July 2022 - North America, United States |

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).

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.

19th July 2022 - North America, United States |

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.

18th July 2022 - North America, United States |

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 - Hawaii: House Bill (HB) 1570 has been vetoed by the governor. The version as it currently stands would ban the sale of flavoured tobacco products and deem it unlawful to mislabel as nicotine-free any e-liquid product that contains nicotine. The first versions of the bill explicitly banned the sale of flavoured synthetic nicotine products, but the current version after amendments does not.
14th July 2022 - North America, United States |
US - federal: New warning letters have been issued by the US Food and Drug Administration (FDA). Among them is the warning: “Please be aware that, on 15th March 2022, the president signed legislation to amend the FD&C [Federal Food, Drug, and Cosmetic] Act to extend FDA’s jurisdiction to products ‘containing nicotine from any source’, not just nicotine derived from tobacco”; thus, the FDA has started to send out warning letters about synthetic nicotine products.
14th July 2022 - North America, United States |

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”.

13th July 2022 - North America, United States |

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”.

13th July 2022 - North America, United States |

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.

13th July 2022 - Mexico, North America |

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.

13th July 2022 - South America, Uruguay |

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.

12th July 2022 - North America, United States |

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.

8th July 2022 - North America, United States |
US - General: President and CEO of Truth Initiative, Robin Koval, has issued a statement expressing both confusion and disappointment that “after an extensive review of JUUL’s pre-market application which was submitted two full years ago in July 2020, the FDA is now sending mixed signals over its bold decision to deny JUUL’s marketing authorization just two weeks ago”. Truth Initiative is pushing for the FDA to stand by its decision.
7th July 2022 - North America, United States |

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.

7th July 2022 - Brazil, South America |

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.

6th July 2022 - North America, United States |

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.

6th July 2022 - Brazil, South America |

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.

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.

4th July 2022 - North America, United States |

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”.

1st July 2022 - Central America, Panama |
Panama: A law that forbids e-cigarettes, heated tobacco and other devices, with or without nicotine, was enacted today (1st July). The law makes an exception for free-trade zones, whose purpose is to export and re-export to a third country.
US - California: San Jose’s ban on flavoured tobacco becomes effective today, 1st July, prohibiting the sale of any tobacco products and e-cigarettes with an artificial flavour, natural flavour, aroma, herb or spice, including menthol-flavoured products. The ban exempts shisha, hookah and premium cigars from the restrictions. San Jose is the most populated city in the San Francisco metropolitan area, which means that the ban could affect around 1m people.
US - Indiana: As of today, 1st July 2022, a tax on e-cigarettes will become effective, as enacted by House Bill (HB) 1001, establishing a tax on the retail sale of closed-system cartridges and vapour products of 15% of the gross retail income received by the retail dealer for its sale. While originally closed-system cartridges were to be taxed at 25%, Senate Bill (SB) 382 was enacted in order to establish the same rate as for vapour products.
US - California: As written in Senate Bill (SB) 395, enacted last year, beginning today, 1st July 2022, “a purchaser shall pay a tax on the purchase for use in this state of an electronic cigarette from a retailer at the rate of 12.5 percent of the sales price of the electronic cigarette”. The bill requires a retailer to collect the tax from the purchaser at the time of the retail sale of an e-cigarette. This tax was aimed at bringing closer tax parity between e-cigarettes and traditional tobacco products and found support from the California State Association of Counties, among others, stating: “The bill will place an additional retail tax on e-cigarette and vaping products to help support safety-net services across early childhood, public health, and health care systems.”
30th June 2022 - North America, United States |
US - General: The US Food and Drug Administration (FDA) has submitted a brief to the US Court of Appeals for the Columbia Circuit in Washington DC opposing Fontem’s court-issued stay allowing their Myblu products to continue to be legally sold in the US market. The FDA argues that the “irreparable harm” that Fontem has asserted (the inability to market its products lawfully) comes from the Tobacco Control Act itself; a stay of Fontem’s marketing denial order (MDO) would not make the marketing of petitioner’s products lawful.
29th June 2022 - North America, United States |

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.

Hawaii: House Bill (HB) 1570 passed the Senate and was sent to the governor on 4th May. A notice of intent to veto by the governor was issued yesterday, 27th June. The version as it currently stands would ban the sale of flavoured tobacco products and would also make it unlawful to mislabel as nicotine-free any e-liquid product that contains nicotine. The first versions of the bill explicitly banned the sale of flavoured synthetic nicotine products, but the current version, after amendments, does not contain such a ban.
28th June 2022 - Canada, North America |
Canada: Canada’s 2022 budget has received royal assent, introducing federal excise duty on vaping products effective 1st October 2022. The rate would be CAD1.00 (USD0.80) per 2 ml, or fraction thereof, for containers with 10 ml or less of e-liquid. For containers with more than 10 ml, the applicable rate would be CAD5.00 (USD3.90) for the first 10 ml, and CAD1.00 (USD0.80) for every additional 10 ml, or fraction thereof.
27th June 2022 - North America, United States |

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”.

23rd June 2022 - North America, United States |

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.

22nd June 2022 - Brazil, South America |
Brazil: The National Public Health Surveillance Agency (Anvisa) meeting scheduled for today, 22nd June, to discuss the regulation of e-cigarettes and heated tobacco has been cancelled. The subject will be deliberated in due course at the discretion of the Agency, further delaying a final decision.

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.

20th June 2022 - Canada, North America |

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.

17th June 2022 - Mexico, North America |
Mexico: The company Tabacos Desvenados has filed an appeal trial (amparo) against the presidential decree that prohibits the sale of electronic cigarettes and heated tobacco products in the country, press reports. One of the administrative courts in Mexico City has allowed the processing of the appeal. The court has set the constitutional hearing for 22nd July, when it will decide whether or not to grant the “amparo”.
US - MichiganHouse Bill (HB) 6108 has passed the House and is now in the Senate. This 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.
16th June 2022 - North America, United States |

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.

16th June 2022 - Brazil, South America |
Brazil: The National Public Health Surveillance Agency (Anvisa) will discuss the regulation of e-cigarettes and heated tobacco at its next meeting, on 22nd June, when it will consider information and comments received during a public consultation, which closed on 10th June. No final decision is expected yet. In its preliminary report, published in April, the agency suggested that the existing ban should be maintained.

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.

15th June 2022 - Canada, North America |

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.

13th June 2022 - North America, United States |

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.

US - Michigan: House Bill (HB) 6108 has been scheduled for a hearing on 14th June, in the House Judiciary Committee. The bill would amend state law to raise the legal age to purchase a tobacco product, a vapour product or an alternative nicotine product from 18 to 21, in accordance with federal law.
10th June 2022 - Brazil, South America |
Brazil: Today (10th June) is the deadline for sending technical and scientific information about e-cigarettes and heated tobacco to the National Public Health Surveillance Agency (ANVISA). The agency is currently analysing the impact of regulation and published a report in April suggesting that the current prohibition should be maintained.
9th June 2022 - North America, United States |
US - Federal: The US Food and Drug Administration (FDA) has announced the launch of the “Next Legends” Youth E-cigarette Prevention Campaign, which "will educate American Indian/Alaska Native (AI/AN) youth, ages 12-17, about the harms of vaping through unique branding and tailored messaging created to inspire a new generation to live Native strong and vape-free".
8th June 2022 - North America, United States |
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 to remain in the market.
8th June 2022 - Mexico, North America |
Mexico: Yesterday, 7th June, the government published in the bulletin of the state the decree prohibiting the sale of e-cigarettes and e-liquids nationwide. The decree is now in force. This comes after a ruling from the Supreme Court in October 2021 declared unconstitutional a similar decree issued by the president in 2020, which prohibited the sale of those products. The sale is also forbidden by Article 16 of the Tobacco Law, although the industry has been able to obtain individual court injunctions (amparos) to sell these products. The government had also previously prohibited their import through a decree. ECigIntelligence believes there is a high chance that this new decree will also be brought in front of the Supreme Court.
US - TexasRule 34 TAC (Texas Administrative Code) 1.21 has been recently published and will be effective as of 8th June 2022. This rule establishes that a permit holder receiving a written notice of a violation of §161.0901 of the Health and Safety Code (establishes penalties related to youth access laws) may file a written request for a hearing on or before the 20th day after the date on the written notice of violation.
US - California: The Los Angeles City Council voted an overwhelming 12 to 0 to pass an ordinance to prohibit the sale of flavoured tobacco in the city, including all flavours except tobacco – with an exception for shisha tobacco at hookah lounges. The ordinance moves to the mayor’s desk for consideration to be signed into law and would become effective on 1st January 2023. The interim president, Mitch O'Farrell, made a heart-felt speech about tobacco policies after the voting, stating that everyone listening surely had someone who had been affected by tobacco or nicotine. He emphasised that the bill doesn't ban the possession or use of flavoured tobacco for people over 21, as their aim is to protect the youth from such policies.
US - Tennessee: Senate Bill (SB) 2219 was signed into law by the governor yesterday, 1st June. This bill would authorise local governments to regulate smoking and vaping, including the prohibition of smoking and the use of vapour products in age-restricted venues.
US - Wyoming: In communications with the Wyoming Department of Revenue, ECigIntelligence has been made aware that nicotine pouches do not currently fit the definition of “nicotine product” within the state and are considered tangible personal property; thus, no specific excise tax applies to nicotine pouches. However, the department added a reminder that sales of nicotine pouches as well as nicotine products to retail customers are subject to sales tax in the state. E-cigarettes and vapour material are included within the definition of nicotine products in Wyoming.
1st June 2022 - Mexico, North America |
Mexico: The president of Mexico, Andrés Manuel López Obrador, has signed a decree prohibiting the sale of e-cigarettes and e-liquids nationwide. This comes after a ruling from the Supreme Court in October 2021 declared unconstitutional a similar decree issued by the president in 2020, which prohibited the sale of those products. The sale is also forbidden by Article 16 of the Tobacco Law, although the industry has been able to obtain individual court injunctions (amparos) to sell these products. The government had also previously prohibited their import through a decree. In the view of ECigIntelligence, there is a high chance that this new decree will also be brought in front of the Supreme Court.
1st June 2022 - Paraguay, South America |
Paraguay: The director of the ministry of health’s National Program for the Control of Smoking and Chronic Respiratory Diseases urged the legislature yesterday, 31st May, for the enactment of a law that regulates the sales and usage of vaping products, press reports. The director alerted on widespread usage among teenagers and the large availability of these products, despite the ban to sell them to under-18s and their sale being allowed exclusively in retail points authorised by the National Health Surveillance Authority (DINAVISA).
US - AlaskaSenate Bill 45, which passed both the Senate and the House, is still awaiting transmittal to the governor. This bill would raise the legal age to purchase, sell, exchange, or possess tobacco, a product containing nicotine, or an electronic smoking product from 19 to 21. It would further levy a tax as follows: 35 % of the wholesale price of "(A) a closed-system electronic smoking product; (B) a vapor product sold as part of an open-system electronic smoking product; (C) a vapor product sold separately from a closed- or open system electronic smoking product".
31st May 2022 - Mexico, North America |
Mexico: Hugo López-Gatell, the undersecretary of prevention and health promotion, has announced that the ban on the sale of e-cigarettes and heated tobacco devices will be maintained, press reports. He said that the government is working on regulation to ensure that no new tobacco products are introduced in the country.
US - New Jersey: Bill A 1989, which would prohibit the sale of menthol cigarettes and the sale or distribution of flavoured electronic smoking devices and related products, has been scheduled for a hearing on 2nd June 2022 in the Assembly Health Committee.
US - Tennessee: Willson County School resource officers (SROs) are confiscating vape pens at an alarming rate, local media reports. Captain Scott Moore with the Sheriff's Office stated that they started keeping a record three years ago, and that he "would call it more of an explosion than a rise".

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.

25th May 2022 - North America, United States |

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.

25th May 2022 - North America, United States |

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.

24th May 2022 - North America, United States |

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.

23rd May 2022 - Colombia, South America |

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.

20th May 2022 - Mexico, North America |
Mexico: The Federal Commission for the Protection against Sanitary Risks (Cofepris) and the Ministry of the Interior (Segob) have issued an alert about electronic cigarettes. According to Cofepris, these products contain carcinogens and toxic substances that pose a serious risk to health. In particular, they identified vitamin E acetate to be a toxic substance that can cause acute respiratory illnesses and even death.
US - California: The Scotts Valley City Council passed an ordinance on Wednesday 18th May with a favourable vote of 5-0, local media reports. The ordinance would ban the sale of flavoured tobacco products in the city, and also prohibit smoking or vaping in any designated seating areas of restaurants or outdoor eating establishments. We see yet another locality enact a flavour ban, while the referendum at state level to enact the state-wide flavour ban is still pending. Scotts Valley City is within the Santa Cruz county and has a population of around 12,000.
19th May 2022 - North America, United States |
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.
US - California: The San Diego Council passed an ordinance (the SAAFE Act) yesterday, which will ban the sale of all flavoured tobacco products (including menthol) in the city starting 1st January 2023, local media reports. The ordinance does not apply to the sale of shisha, premium cigars or loose-leaf tobacco and unflavoured or tobacco-flavoured e-cigarettes. Food and Drug Administration (FDA)-approved cessation devices will also be exempt from the ban.
US - California: Assembly Bill (AB) 1690 has been ordered to the inactive file, meaning that the bill is ready to be heard on the floor but for some reason is dormant; an author of the bill may move it off the inactive file at a later date. AB 1690 would prohibit a person or entity from selling, giving, or furnishing to another person of any age in this state a cigarette utilising a single-use filter made of any material, a single-use plastic device meant to facilitate manual manipulation or filtration of a cigar, a single-use e-cigarette, or a single-use integrated cannabis vaporiser.
US - Rhode Island: Senate Bill 2117, which would provide for penalties for selling flavoured electronic nicotine delivery systems (ENDS) or for operating without a dealer’s licence, is scheduled to be heard tomorrow, 17th May, in the Senate Judiciary Committee.
13th May 2022 - North America, United States |
US - reminder: 14th May is the deadline for submitting premarket tobacco product applications (PMTAs) for all synthetic nicotine products that were placed on the market on or before 14th April. Companies not planning to use the online portal and wanting to physically submit the PMTA should do so by today, 13th May, at 4pm.
13th May 2022 - North America, United States |
US - Federal: The Food and Drug Administration (FDA) has authorised six new tobacco products through the premarket tobacco product application (PMTA) pathway. It issued marketing granted orders to R.J. Reynolds for the company’s Vuse Vibe and Vuse Ciro e-cigarette brands, including e-cigarette devices and tobacco-flavoured closed e-liquid pods. While the FDA determined the potential benefit to adult smokers who switch would outweigh the risk to youth, this authorisation imposes strict marketing restrictions on the company to greatly reduce the potential for youth exposure to tobacco advertising for these products. The FDA also issued the company with marketing denials for multiple other Vuse Vibe and Vuse Ciro e-cigarette products.
US - Colorado: The City of Boulder is preparing an ordinance that would exclude nicotine-free or tobacco-free products from the city's 40% sales tax on e-cigarettes, local media reports. “From my perspective as a tax administrator, the problem is we have a code that is causing confusion,” tax and special projects manager Joel Wagner said. “The language in the code that says that an electronic smoking device is something that simulates smoking of nicotine or any other substance opens that tax up to interpretation.”
US - Colorado: House Bill 22-1064 failed to pass the Senate Appropriations Committee, which rejected it yesterday by a 5-2 vote, local media reports. The bill would have banned the sale of flavoured cigarettes, tobacco products, and nicotine products. The senators also explained the bill's failure by saying that the ban would just lead to tobacco and nicotine users buying flavoured products online or out of state, describing youth tobacco use as inevitable but improving.
US - ColoradoHouse Bill 22-1064 has passed the Senate Committee on Finance after amendments and has been referred to the Senate Committee on Appropriations. This bill would prohibit the distribution of flavoured cigarettes, tobacco products, or nicotine products, and would amend the definition of cigarette, tobacco product, or nicotine product to include products containing synthetic nicotine.
US - California: The El Dorado County Office of Education recently hosted a student training day for the Tobacco-Use Prevention Education (TUPE) Program, which included students from El Dorado, Independence, Union Mine, and Black Oak Mine Unified School District, local media reports. The purpose of the TUPE Program is to reduce youth usage of tobacco products through tobacco-specific educational instruction and activities that build knowledge as well as social skills and youth development assets. Melissa Kistler, director of District and Program Support and TUPE liaison emphasised the fact that the “training is unique because it is the first time we have cross collaboration between school districts in this county”.
US-Connecticut: A flavour ban fails to win passage in Connecticut for the third year in a rowlocal media reports. The bill, which came out of the Public Health Committee in a divided vote in March, aimed to reduce youth vaping by prohibiting the sale of electronic nicotine delivery systems and vapour products that are flavoured or that have a nicotine content that is greater than 35 mg/ml. Senator John Fonfara, a co-chair of the Finance Committee, explained the bill's failure by saying that the ban would create a flourishing “underground” market for vaping products which would become even more attractive to minors.
9th May 2022 - Brazil, South America |
Brazil: In response to industry member requests, the National Public Health Surveillance Agency (ANVISA) has extended the deadline for receiving technical and scientific contributions about e-cigarettes and heated tobacco until 10th June. Previously, the agency published a report suggesting the current prohibition should be maintained, but any firm decisions will come later.
US - New Mexico: The New Mexico Department of Health has launched Live Vape Free, a text-based programme to help addicted teens stop using e-cigs. The programme is designed to help teens aged between 13 and 17 to quit e-cigarettes, and it provides adults with the tools they need to support teens as they quit. “New Mexico is one of only five states to launch both the youth and adult components of the program, out of the just 13 states using the Live Vape Free program,” local media reports.

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.

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.

US - Hawaii: Many bills are currently sitting in the legislative process that would ban flavoured tobacco products. Among them, House Bill 1570 has passed both the House and the Senate, but the House seems to disagree with some amendments and so it may still take a while. The ban of flavoured tobacco products is a current political debate: representatives supporting the bill state they are only banning flavours and not vaping, whereas shop owners state that flavours are 99.9% of the business.
29th April 2022 - North America, United States |
US - Federal: The first report on the status of the US Food and Drug Administration (FDA) premarket tobacco product applications (PMTAs) is expected today (29th April) following an order from a federal judge. More information can be found in our news briefing.
29th April 2022 - North America, United States |
US - Federal: Yesterday, the Food and Drug Administration (FDA) announced two proposed product standards: one to prohibit menthol as a characterising flavour in cigarettes and one to prohibit all characterising flavours (other than tobacco) in cigars; e-cigarettes are not included in either of the proposed rules. The reason behind proposing these rules is to reduce the appeal of those products to youth. The FDA has emphasised that enforcement against individual consumers for possession of menthol cigarettes or flavoured cigars will not be pursued.
27th April 2022 - North America, United States |
US - Federal: The Food and Drug Administration (FDA) has authorised the marketing of four new tobacco products by Njoy LLC, including its Ace closed e-cigarette device and three accompanying tobacco-flavoured e-liquid pods. The FDA also issued marketing denial orders to Njoy for multiple other Ace e-cigarette products. Applications for two menthol-flavoured Ace e-liquid pods remain under FDA review.
26th April 2022 - Canada, North America |

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 legislativereviewtvpa.revisionlegislativeltpv@hc-sc.gc.ca.

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.

26th April 2022 - Brazil, South America |

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.

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.

22nd April 2022 - North America, United States |
US - General: Horry County Schools has filed a federal lawsuit this week against Juul, alleging that its "products have created a public health crisis in local schools", according to local news. Horry County is the fourth most populous county in South Carolina, with a population of around 290,000 inhabitants.
US - ConnecticutSenate Bill 367 has been advancing through the legislative process since its introduction on 8th March 2022, and it's meant to be heard today by the Senate Finance, Revenue and Bonding Committee. This bill would prohibit the sale of electronic nicotine delivery systems and vapour products that are flavoured or that have a nicotine content that is greater than 35 mg per ml.

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.

19th April 2022 - North America, United States |

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: 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”.

14th April 2022 - North America, United States |

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.

14th April 2022 - Chile, South America |

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.

13th April 2022 - North America, United States |

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.

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.

11th April 2022 - North America, United States |

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.

8th April 2022 - Canada, North America |
Canada: According to the Federal Budget 2022, e-liquid with or without nicotine will be taxed at a rate of CAD1 ($0.79) per 2 ml, or fraction thereof for the first 10 ml of vaping substance, and CAD1 ($0.79) per 10 ml, or fraction thereof, for volumes beyond that. If a province or territory decides to participate in a coordinated vaping taxation regime administered by the federal government the rates would double, meaning the proposed combined rate would be CAD2 ($1.58) per 2 ml, or fraction thereof, for the first 10 ml of vaping substance, and CAD2 ($1.58) per 10 ml, or fraction thereof, for volumes beyond that. More information can be found in our latest news briefing.
US - TennesseeSenate Bill 2219 has passed the Senate and is ready for transmission to the House. This bill would authorise local governments to regulate, including the prohibition of, smoking and the use of vapour products in age-restricted venues.
7th April 2022 - North America, United States |
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.
7th April 2022 - Brazil, South America |

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.

6th April 2022 - Mexico, North America |

Mexico: The Senate has approved a decree amending the Customs Duty Act in order to prohibit the importation of e-cigarettes, both with and without nicotine. The decree has been submitted to the Chamber of Deputies for further approval.

6th April 2022 - North America, United States |

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.

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.”

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.

Canada - New Brunswick: Yesterday, the Court of Queen's Bench of Fredericton rejected a motion filed by a group of vape stores to suspend the province's ban on flavoured e-cigarettes introduced in September 2021local media reports. The plaintiffs were also seeking to halt a requirement for vape stores to obtain a licence, which enters into force today.
US - Texas: During a meeting on 30th March, Houston City Council unanimously approved an ordinance banning the use of electronic smoking devices in public spaces, local media reports. 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. Now those rules are extended to electronic smoking devices, which include e-cigarettes and cigars, vapes and any other device that uses vapour or aerosol liquids.
US - HawaiiHouse Bill 1570 will be included in the public consultation that both the Senate Committee on Ways and Means and the Senate Committee on Commerce and Consumer Protection will hold tomorrow. This bill would ban (1) the sale of flavoured tobacco products and (2) mislabelling as nicotine-free any e-liquid product that contains nicotine.
31st March 2022 - North America, United States |
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 to remain in the market.
31st March 2022 - United States |
US: Michele Mital, deputy director of the US Food and Drug Administration (FDA)’s Center for Tobacco Products (CTP) since 2018, is to become acting director of the CTP following the retirement of Mitch Zeller in April, an FDA spokesperson confirmed to ECigIntelligence today.

US - Maine: There is still an ongoing dispute between proponents and opponents of Legislature bill LD 1550, which was introduced last year, local media reports. The bill would ban the sale and distribution of tobacco products, including e-cigarettes, in any flavour other than tobacco.

Canada - New Brunswick: A judge will give a decision tomorrow, 31st March, on a bid by a group of vape stores to suspend the province’s ban on flavoured e-cigarettes, introduced in September 2021local 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.

29th March 2022 - North America, United States |
US - Federal: Yesterday, 28th March, the US Food and Drug Administration (FDA) announced it is requesting “a total budget of $8.4 billion as part of the President’s fiscal year (FY) 2023 budget – a nearly 34% ($2.1 billion) increase over the agency’s FY 2022 appropriated funding level”. FDA commissioner Robert Califf stated: “The FDA has focused our budget request on some of today’s most urgent needs such as human and animal food safety, medical device security and e-cigarette oversight.” Specifically, it requested a $100m increase in user fees to support the FDA’s mission to reduce the use and harm of tobacco, including funding on e-cigarette oversight, “which remains a high priority and is critical to the agency’s public health mission, especially, to protecting kids from the dangers of nicotine addiction and other harmful health consequences”.
29th March 2022 - North America, United States |

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.

28th March 2022 - North America, United States |

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.”

25th March 2022 - North America, United States |
US - FederalThe US Food and Drug Administration (FDA) has taken action on additional e-cigarette products: it has authorised several tobacco-flavoured products from Logic Technology Development, and has also issued marketing denial orders to Logic for multiple other electronic nicotine delivery system (ENDS) products. The agency said it is close to making further decisions on applications for “popular ENDS products that account for a large part of the market”. Read more in our latest news story.

US - Connecticut: Senate Bill 367 was heard yesterday in the Senate Public health Committee, where it received a favourable vote 20-11. The bill would prohibit the sale of electronic nicotine delivery systems and vapour products that are flavoured or that have a nicotine content above 35 mg/ml.

23rd March 2022 - North America, United States |

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.

22nd March 2022 - Paraguay, South America |

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.

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.

18th March 2022 - North America, United States |
US: Zanoprima Lifesciences Ltd. filed a complaint for patent infringement against Hangsen International Group Ltd. in the US District Court in the Western District of Texas, on 12th March. Per a Zanoprima Lifesciences press release, Hangsen has violated Zanoprima’s patent entitled “Process for Making (S)-Nicotine” (US Patent No. 10,913,962) through Hangsen’s manufacture and importation into the US market of products containing synthetic nicotine. In addition to seeking damages for infringement, Zanoprima’s complaint seeks preliminary and permanent injunctive relief to prevent Hangsen from continuing its infringing actions.
18th March 2022 - Central America, Costa Rica |
Costa Rica: The Ministry of Health and the Costa Rican Social Security Fund asked the National Assembly to approve the bill that imposes neutral packaging for tobacco products, including e-cigs with or without nicotine, press reports. The bill also eliminates advertising and increases the size of health warnings from 50% to 80% of the package area. The bill has been under discussion in the Social Committee since September 2021.
US - New York: Assembly bill A 9576 has been introduced, which would prohibit smoking and vaping on the grounds of public colleges and universities.
US - California: The Monterey County Board of Supervisors passed last Tuesday, 15th March, the ordinance containing a ban on flavoured tobacco products (including e-cigarettes) and single-use electronic cigarettes. “Michelle House, a program coordinator for the county Health Department, said the new regulation will be posted for 30 days before it officially becomes a Monterey County ordinance,” local media reports. Retailers thus have 30 days to sell their stock until the ban becomes effective. This ban comes just two weeks after the Santa Ana City Council also approved an ordinance to end the sale of flavoured tobacco products, which is set to take effect on 14th April. Santa Ana mayor Vicente Sarmiento said that would be sufficient notice for retailers.
17th March 2022 - North America, United States |
US - Federal: 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.
16th March 2022 - North America, United States |

US: Senate majority whip Dick Durbin of Illinois yesterday, 15th March, called out the FDA in a speech on the Senate floor for the six-month delay in reviewing e-cigarette applications, the deadline for which was 9th September 2021. He said the FDA had turned a blind eye for years to e-cigarettes, which, in his opinion, cannot meet the standard to stay in the market. He said e-cigarette manufacturers were trying to circumvent regulation under the guise of synthetic nicotine, that he and senators Susan Collins and Patty Murray had “led efforts to close this loophole in the Fiscal Year 2022 omnibus appropriations bill”, which finally passed. He concluded by calling on the FDA to “protect America’s children from Big Tobacco and their candy-flavoured, sickness-causing e-cigarettes”.

US - Connecticut: Senate Bill 367, which was introduced last week, would prohibit the sale of electronic nicotine delivery systems and vapour products that are flavoured or that have a nicotine content above 35 mg per ml. Even with the federal restrictions on flavours in place, supporters of the bill say the state needs to pass its own ban in order to reduce youth use of vapour products, testifying to that effect at a public meeting on Monday. Opponents disagree, saying it would not reduce youth usage, but would hurt small businesses.

16th March 2022 - Central America, Costa Rica |

Costa Rica: Yesterday was the deadline for payment of the tax on e-cigarettes, which applies to the device, accessories and e-liquids. Taxpayers who fail to comply are subject to a penalty of CRC231,100 ($361) plus daily interest.

US – Hawaii: A new batch of bills have recently been introduced in Hawaii, all of them shown in our US regulatory tracker. One of those bills, House Bill 1570, which would ban the sale of flavoured tobacco or synthetic nicotine products, has raised some concerns. Some representatives reportedly described some of the amendments made by the House Health, Human Services and Homelessness Committee as “poison pills”, which would jeopardise the bill’s passing. It was originally supported by the state attorney general and the Hawaii Department of Health (DOH), but has lost their support following the amendments. The lack of support by the enforcement agencies may end up in a veto by the governor, should the bill pass as it now stands. Among the amendments added, one requires the health department to implement a standardised testing process to detect flavours; advocates say this is not found in other jurisdictions and is not necessary, while the DOH found it unreasonable.

14th March 2022 - North America, United States |
US - Federal: Last Friday, 11th March, the US Food and Drug Administration (FDA) issued a modified risk granted order authorising Philip Morris Products S.A. (PMPSA) to market the Iqos 3 System Holder and Charger with the following reduced-exposure information: (1) The Iqos system heats tobacco but does not burn it; (2) This significantly reduces the production of harmful and potentially harmful chemicals; (3) Scientific studies have shown that switching completely from conventional cigarettes to the Iqos system significantly reduces your body’s exposure to harmful or potentially harmful chemicals. These claims do not differ from the ones included in the reduced exposure information of the “IQOS Tobacco Heating System”. Note that, as the FDA reminds, “IQOS and Heatsticks are currently subject to a limited exclusion order and cease-and-desist order issued by the U.S. International Trade Commission which restricts the sales, distribution and marketing of the products in the United States”.
11th March 2022 - North America, United States |
US: The 2022 Omnibus Bill passed the Senate last night and includes language that would give authority to the FDA to regulate products containing nicotine from any source, including products containing nicotine not derived from tobacco (synthetic nicotine). The bill is now on its way to president Biden’s desk to be signed. Dianne Feinstein, Democratic senator from California, issued a statement applauding the passage of the bill by the Senate. Among the provisions passed, Feinstein highlights that nicotine products “cannot go unregulated because of a loophole in law, and this provision will fix that”.
11th March 2022 - North America, United States |
US: In March 2022, the US Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) published a study on youth use of tobacco products in the Morbidity and Mortality Weekly Report. The study was based on data from the 2021 National Youth Tobacco Survey obtained by interviewing middle school and high school students. The results showed that the most commonly used tobacco products were e-cigarettes, followed by cigarettes, cigars, smokeless tobacco, hookahs, and nicotine pouches. This year’s study cannot be fully compared with the previous one due to methodological changes in the conduct of the survey. The study demonstrates that there is still an ongoing concern of widespread usage of e-cigarettes among students, the number of which is more than 2 million higher than in 2020.
US - South Carolina: Senate Bill 1129 has been introduced. The bill redefines e-liquid to be nicotine-containing products only. The bill would prohibit the sale and distribution of a flavoured vapour product, which would include all flavours except tobacco and menthol. The sale of any vapour products that have been granted a premarket tobacco application and the transportation of flavoured vapour products within the state intended for sale in another state would be exempt from this provision. This bill would provide for the formation of a vapour product dispensary.
10th March 2022 - North America, United States |
US: The 2022 Omnibus Bill passed the House last night. It includes language that would give authority to the FDA to regulate products containing nicotine from any source, also including products containing nicotine not derived from tobacco (synthetic nicotine). In a last-minute discussion, the Covid-19 relief measures were stripped out from the bill in order to pass the budget bill, and a standalone Covid-19 relief bill was introduced separately instead. The Senate is expected to act on the bill by Friday 11th March at midnight, which is when government funds would expire. In order to prevent a government shutdown, the House further voted on a stopgap bill that provided funding to government agencies through 15th March.
US - Connecticut: Senate Bill 367 has been introduced. It would prohibit the sale of electronic nicotine-delivery systems and vapour products that are flavoured or that have a nicotine content greater than 35 mg/ml.
8th March 2022 - North America, United States |
US: Bantam Vape has announced that United States Postal Service (USPS) has granted their application for a business purposes exception under the Prevent All Cigarette Trafficking Act (PACT Act), so that they may ship their e-liquid products to select vape retailers and distributors throughout the US.
Rhode Island: Several new bills have been introduced. Among them, House Bill (HB) 7881HB 7871HB 7870, and HB 7869, which would provide for penalties for selling flavoured electronic nicotine delivery systems or for operating without a dealer’s licence.
US - California: At its latest meeting, the Monterey County Board of Supervisors approved the first reading of an ordinance to ban sales of single-use e-cigarettes and flavoured tobacco products of any flavour other than tobacco. The ban would include all products containing tobacco leaves and any product containing nicotine. The second vote is set for 15th March.
US - Arizona: House Bill 2125 has failed the House third reading. This bill would have required tobacco vendors to have a valid tobacco retail sales licence in order to distribute tobacco products. E-cigarettes would be included in the definition of “tobacco products” for purposes of this bill.
US - Virginia: Senate Bill 223 has passed the House after minor amendments. This bill prohibits student athletes from earning compensation for the use of their image in connection with tobacco, tobacco products, alternative nicotine products, nicotine vapour products, and similar products and devices.
2nd March 2022 - North America, United States |
US: The 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 to remain on the market.
US - Georgia: Senate Bill (SB) 572 has been introduced. This bill would require vapour product manufacturers and sellers to deliver an attestation to the attorney general stating that the product has received a marketing granted order by the FDA; it would require the attorney general to develop a vapour product directory, which would be publicly available for inspection; and it would ban any vapour product manufacturer from manufacturing or selling any vapour product not included in such a directory.
28th February 2022 - Canada, North America, Ontario |
Canada - Ontario:  France Gélinas, a member of the New Democratic Party, which is part of the minority coalition, tabled Bill 85 “Vaping is not for Kids”. The proposal aims to restrict the sale of vapour products to speciality vape stores, prohibit the promotion of e-cigarette products, and raise the minimum age for purchasing vaping products from 18 to 21.
28th February 2022 - Alberta, Canada, North America |
Canada - Alberta: The provincial government will not introduce a standalone provincial tax for vapour products through the Budget 2022 (page 181). Alberta will work with the federal government to explore a coordinated taxation approach to collect a provincial tax on vaping products. According to the Budget 2022 documents, a coordinated tax structure would minimise the burden on Alberta businesses and could also reduce the risks of interprovincial smuggling and tax leakage.
28th February 2022 - Missouri, North America, United States |
MissouriHouse Bill 2786 has been introduced. This bill would raise the minimum age from 18 to 21 for purchasing and possession of tobacco products, alternative nicotine products, and vapour products.
25th February 2022 - Mexico, North America |
Mexico: The National Commission against Addictions (CONADIC), the Pan American Health Organization (OPS), and the organisation Salud Justa have shown their concern over the new General Custom Duty Act, press reports. The organisations say that the Act does not prohibit the import of the third category of electronic cigarettes (known as “alternative systems of nicotine consumption”) and that it only prohibits the import of the other two categories of electronic cigarettes: “electronic devices of nicotine administration” (SEAN) and “similar devices without nicotine” (SSSN). According to the organisations, the bill would contradict the October 2021 presidential decree that prohibited the import of all electronic cigarettes.
25th February 2022 - United States |
US - General: The Federal Trade Commission announced yesterday: “In an Initial Decision announced on Feb. 24, 2022, Chief Administrative Law Judge D. Michael Chappell dismissed the antitrust charges in a complaint issued by the Federal Trade Commission staff against tobacco company Altria Group, Inc., and electronic cigarette maker JUUL Labs, Inc.” The judge concluded that the complaint failed to prove antitrust violation of the non-compete provisions of the agreements between Juul and Altria.

California: An ordinance has been approved in the city of Antioch in Contra Costa County to prohibit characterising flavours in tobacco products, impose packaging restrictions on cigarettes and cigars, and ban the sale of e-cigarettes for use with tobacco or tobacco products, local press reports. At the meeting which took the decision, councilmember Mike Barbanica expressed strong opposition, saying: “We have a city that allows cannabis sales...but you cannot buy some bubblegum vaping pen”. Another councilmember put a motion to waive the first reading and read by title only, which passed 3-2.

23rd February 2022 - Idaho, North America, United States |
IdahoSenate Bill 1284 has been introduced. It would raise the age of legal possession and use of e-cigarettes and tobacco products from 18 to 21.

Connecticut: Senate Bill 139 has been introduced. It would ban all flavours but for tobacco in electronic nicotine delivery systems and vapour products. It would also amend the definition of “electronic cigarette liquid” to include products with synthetic ingredients.

21st February 2022 - North America, United States |

US: The Food and Drug Administration (FDA) issued on Thursday a new batch of warning letters to manufacturers and distributors of e-liquid products classed as “new tobacco products” without the required FDA marketing authorisation to remain on the market.

West VirginiaSenate Bill 635 has been introduced, which would amend the Tobacco Products Excise Tax Act. It would change the definition of “electronic smoking devices” for the purposes of this Act, to include synthetic nicotine within its definition. It would further modify the definition of “other tobacco products” to include: nicotine-containing products (including synthetic nicotine products); and "electronic smoking devices". The bill would raise the tax on tobacco products other than cigarettes from 12% to 51% of the wholesale price, effective from 1st July 2022. The current tax on e-cigarette liquid would be repealed and thus substituted by this one.
17th February 2022 - Maryland, North America, United States |

Maryland: House Bill 1227 has been introduced. It would specify that a “tobacco product” includes certain products that are made of, derived from, or contain nicotine from any source, including synthetic nicotine.

16th February 2022 - North America, United States |

US: Altria has announced that an administrative law judge has dismissed the Federal Trade Commission (FTC)’s claims against Altria and Juul Labs over the tobacco giant’s 2018 investment in the e-cigarette company, which allegedly violated anti-competition laws. This preliminary decision is subject to review by the FTC and may be appealed.

16th February 2022 - North America, United States |

US: The US Senate has confirmed Robert Califf to be commissioner of the FDA by a 50-46 vote, as expected following the recent cloture vote.

15th February 2022 - United States |

Federal: The US Senate was set to vote today on Robert Califf's nomination as Food and Drug Administration (FDA) commissioner. At the end of debate yesterday, a cloture motion was agreed to by a close vote (49-45, with six not voting). A cloture motion is invoked to end a debate quickly, limiting further consideration of a pending proposal to 30 hours.