LATEST ALERTSNorway: The Ministry of Health has presented a public health report that introduces a new national tobacco strategy. The government aims to introduce further restrictions on e-cigarettes such as standardised packaging, a flavour ban, increasing the legal age to buy e-cigarettes to 20, tightening advertising rules and banning long-distance sales. In February 2023, the government notified a bill to the European Commission TRIS database to introduce plain packaging for e-cigarettes and ban non-tobacco flavours in e-liquids. The Norwegian European Economic Area (EEA) Committee decided on 4th February 2022 to incorporate the Tobacco Products Directive (TPD) into the EEA Agreement. However, the EEA Committee's decision, and thus the legalisation of nicotine-containing e-cigarettes, will not enter into force until the Storting (parliament) has given its consent. On its webpage on e-cigarettes the Health Directorate says the ban on nicotine-containing vapour products is likely to be lifted in 2023.
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US - New York: Bill A 5994 has just been introduced. This bill prohibits misrepresenting any facts about the health consequences of using e-cigarettes, and provides related penalties. It would also further prohibit e-cigarette promotion.
30th March 2023 - North America, United States |
US - federal: The House of Representatives Committee on Oversight and Accountability has announced that it is investigating the Food and Drug Administration (FDA)’s Center for Tobacco Products (CTP). Republican committee chairman James Comer has written to FDA commissioner Robert Califf, accusing the CTP of failing to effectively define and administer its tobacco and nicotine regulatory programmes, “[fostering] uncertainty in the marketplace and [allowing] unsafe and unregulated products to proliferate”. "A recent evaluation of CTP by the Reagan-Udall Foundation (RUF) found that CTP has not clearly set out the most basic elements of its tobacco and nicotine regulatory programs,” Comer said. He is requesting documents, communications, and a staff-level briefing related to the CTP’s activities.
Slovenia: A 30-day public consultation on a Ministry of Health bill to ban the sale of non-tobacco-flavoured vaping products ends today. The bill would also bring nicotine-free vaping products under the Tobacco Law, making them subject to the same product restrictions and notification requirements as tobacco products.
Germany: The Federal Office of Consumer Protection and Food Safety (BVL) has updated the list of notified e-cigarette products, which now contains 310,464 vapour products. Only products notified at least six months ago are listed.
US - Louisiana: House Bill 179 has been introduced, which would prohibit the sale or service of any e-liquid or vapour product with “a characterizing flavor” – the definition of which would ban all flavours but for tobacco.
29th March 2023 - Brazil, South America |
Brazil: The director of the National Health Surveillance Agency (Anvisa), Antonio Barra Torres, has told media that a resolution of the legal status of e-cigarettes and heated tobacco will probably be reached this year, possibly by the end of June. He said he did not want to anticipate whether that would involve prohibition or authorisation of the products because of the impact it would have on the market.
Germany: Customs officers have have seized 4.4 litres of untaxed e-liquids during an inspection in Potsdam, near Berlin. They found seven out of ten retailers failed to comply with the current Tobacco Tax Law. E-liquids have been taxed since 1st July 2022 and the transitional period allowing the sale of old stock ended on 12th February 2023.
Egypt: The Ministry of Health has issued a warning against the use of e-cigarettes, saying that the argument that they are less harmful than combustibles cigarettes is “completely untrue”. It adds that e-cigarettes contain “a huge amount” of nicotine and harmful toxins that can cause chronic diseases, damage the respiratory and digestive systems, and cause cardiovascular disease.
29th March 2023 - Europe, Netherlands |
Netherlands: Figures from the national statistical office, Statistics Netherlands, show a significant increase in e-cigarette use among young people in 2022 compared to 2021. The biggest rise was in the 16-20 age group, where reported use of e-cigarettes went from 2.5% in 2021 to 8.8% in 2022, an increase of 252%. Among the 20-30 age group, it went up by 247% from 1.7% in 2021 to 5.9% in 2022. In the youngest group in which vaping was reported, 12-16 years, the number of e-cigarette users more than doubled from 0.8% in 2021 to 1.7% in 2022.
28th March 2023 - North America, United States |
US - general: Juul Labs and its former major investor Altria face their first US trial this week over claims that they promoted e-cigarettes on social media to appeal to minors, Reuters reports.
28th March 2023 - Europe, Switzerland |
Switzerland: A study conducted last year by the Swiss Addiction Foundation, funded by the Federal Office of Public Health, and involving 9,345 students found 7% of girls and 8% of boys aged 15 had used e-cigarettes in the preceding 30 days. The foundation is urging the government to take measures on advertising, sales, price, packaging and flavours.
Egypt: Senate representative Mohamed Salah El-Badri warned against the use of e-cigarettes, arguing that they can cause severe lung damage and may lead to death. He also suggested taking the holy month of Ramadan as an opportunity to quit tobacco use, press reports.
Egypt: The Senate has passed a bill on "Treating e-cigarettes and heated tobacco reciprocally with regular cigarettes'' during its plenary session today (27th March). Among others, the provisions of the bill include expanding the usage restrictions on e-cigarettes and prohibiting vaping in schools and universities to curb their prevalence among young people, press reports. The recommendations stipulated in the bill will be subject to the acceptance or rejection of the government since the Senate is a Consultative Council.
27th March 2023 - Asia, Philippines |
Philippines: Last week, the Bureau of Internal Revenue (BIR) issued Revenue Memorandum Circular 35-2023, clarifying that the application of the 18-month transition period provided in the Vape Law (Republic Act 11900) is only for the provisions of product standards and product registration with the Bureau of Philippine Standards. The remaining provisions – such as registration of manufacturers, importers and brands with the BIR – are therefore effective. At the same time, the Food and Drug Administration (FDA) issued an advisory notice informing industry members that the issuing of the licence to operate (LTO) and the product batch declaration (PBD) certification for vaping and heated tobacco product establishments has stopped as they are no longer required.
27th March 2023 - Australasia, New Zealand |
New Zealand: After issuing a warning to companies in November 2022 about vaping products that may not be compliant, particularly with regard to maximum nicotine content, the Vaping Regulatory Authority has issued an update. The authority is currently reviewing the responses provided by companies and will take appropriate action if the investigation finds that any products do not comply with current regulations.
Lithuania: The Department of Drug, Tobacco and Alcohol Control has issued a reminder that from 1st April 2023, under order no. V-1815/3D-771, tetrahydrocannabinol (THC) will be completely prohibited in tobacco products, including innovative tobacco products, e-cigarettes and their refills (with and without nicotine) and herbal products for smoking, press reports.
Latvia: The bill to ban e-cigarette flavours and prohibit the sale of all e-cigs, with or without nicotine, to under-20s has been approved at its second reading at the Saeima (parliament). It must now be approved at one more reading.
Russia: Yesterday in the State Duma (lower house), prime minister Mikhail Mishustin said that the government is considering banning e-cigarettes. No proposals have been submitted yet, but the house chairman, Vyacheslav Volodin, asked the executive to consider it.
24th March 2023 - North America, United States |
US - General: The US Court of Appeals for the Fifth Circuit has granted RJ Reynolds Vapor Company's motion for a stay pending its review of the Food and Drug Administration (FDA)'s denial to market menthol-flavoured e-cigarettes, stating that the company "easily" met the required legal burden. The court stated the FDA did not adequately address the company's evidence that substantial health benefits would accrue to adult and youth cigarette smokers alike who switched to menthol Vuse, while popularity among youth would remain low overall. It also agreed that Reynolds gave enough evidence that the FDA has "effectively banned all non-tobacco-flavoured e-cigarettes, pursuant to its new and secret heightened evidentiary standard".
24th March 2023 - Europe, United Kingdom |
UK: Kevin Hollinrake, junior secretary for business and trade, said that the Office for Product Safety and Standards (OPSS) has discussed Elf Bar e-cigarettes with Trading Standards as part of ongoing discussions about the compliance of vape devices with product safety regulations. "There is also ongoing work by Trading Standards and the Medicines and Healthcare products Regulatory Agency (MHRA) to continue to raise awareness of non-compliant devices and, where appropriate, take enforcement action including withdrawing them from the point of sale," added Hollinrake.
24th March 2023 - Europe, United Kingdom |
UK: Junior health secretary Neil O'Brien has said that there is currently no evidence that young people move from using vapes to tobacco products, including cigarettes.
24th March 2023 - Europe |
EU: The EU Commission proposal for the Green Claims Directive requires companies to substantiate claims about environmental footprint with the standard quantifying methods. The current version of the Tobacco Products Directive (TPD 2) already prohibits e-cigarette packaging from suggesting improved biodegradability or other environmental advantages, but it does not prohibit this in advertising. Feedback about the proposal can be sent until 19th May 2023.
23rd March 2023 - Australasia, Australia |
Australia: The opposition National Party has proposed lifting the ban on nicotine-containing e-cigarettes, press reports. The Nationals’ larger coalition partners the Liberals have in the past been in favour of the current regime, under which nicotine vapes can only be bought on prescription. Steve Robson, president of the Australian Medical Association, firmly opposed lifting the ban, saying children were already purchasing e-cigs despite age restrictions.
23rd March 2023 - North America, United States |
US - federal: The Food and Drug Administration (FDA) has published a new webpage listing all the tobacco products-related citizen petitions received by the agency’s Center for Tobacco Products (CTP). A citizen petition is a way for individuals, regulated industry representatives, or consumer groups to petition the FDA to issue, amend, or revoke a regulation, or to take other administrative action.
Cambodia: During a seminar yesterday on e-cigarettes and related products, education minister Kim Sethany told school managers to ramp up enforcement of the ban on e-cigs and heated tobacco, which she said were widely known by Cambodian teenagers through advertising on social media, press reports. At the same forum, Mom Kong, director of the Cambodian Movement for Health, said e-cigarettes contained nicotine and other chemicals which enter users’ brains and “can lead to chronic lung disease, stroke and heart attack”.
23rd March 2023 - Europe, United Kingdom |
UK: Though there are no immediate plans for a ban, the government is concerned by the increasing use of disposable vaping products, particularly by children, and their impact on the environment when they are thrown away, junior health minister Neil O’Brien said in reply to a parliamentary question. He said “a range of measures to address these issues” was being explored.
US - Maine: Legislative Document (LD) 1215 and LD 1174 have been introduced. Both would ban the sale of all flavoured tobacco products, except for tobacco flavour. E-cigarettes would be included in the ban.
Taiwan: Amendments to tobacco legislation banning all types of e-cigarette and regulating heated tobacco products will come into force tomorrow. Heated tobacco products will have to undergo a health risk assessment before they can be sold in Taiwan. E-cigarette retailers risk fines of between TWD200,000 ($6,500) and TWD1m ($32,800), while anyone caught vaping could be fined TWD2,000 ($65) to TWD10,000 ($328).
21st March 2023 - Europe, United Kingdom |
UK: The government will unveil a set of proposals in the coming weeks aimed at realising the goal of a “Smokefree 2030” and responding to the recommendations in the Khan Review, according to junior health minister Neil O’Brien.
21st March 2023 - North America, United States |
US - federal: Senate majority leader Chuck Schumer is calling on the Food and Drug Administration (FDA) to investigate Elf Bar for allegedly skirting US advertising laws, press reports. New York Democrat Schumer says Elf Bar products are colourfully packaged to attract young people, and that flavours such as peach mango, cotton candy, and vanilla ice-cream are deliberately kid-friendly. Hе claims the company is using social media platforms TikTok and Instagram, and paying influencers to market e-cigarettes directly to children and teens. He said the FDA must use its “full authority and power to investigate and take actions against Elf Bar and be prepared to ban it from the market”.
21st March 2023 - Europe, United Kingdom |
UK: Lancashire Police and Trading Standards officers last week seized 1,024 counterfeit e-cigarettes and tobacco products in the town of Preston. Together they would have been worth around £7,000 if genuine.
Italy: The Council of Ministers has adopted a bill to delegate a tax reform to the government. Among other things, it aims to review the administrative procedures for the sales network for tobacco products, e-cigarettes and nicotine pouches. The bill should come before Parliament in May.
Egypt: The Customs Authority has released Circular No. 23/2023, clarifying that nicotine-free and nicotine-containing e-liquids are taxed at a rate of EGP2 ($0.06) per ml, plus a health insurance fee at a rate of 10% of the selling price, as explained in our report. The circular also explained that only Customs has the authority to determine the value of imported goods based on its inspections.
Bahrain: On 19th March, the minister of industry and commerce issued Decision No.26/2023, authorising the Ministry of Health to monitor the implementation of the Electronic Nicotine Products standards for a period of one year. Originally, Decision No.121/2021 mandated the Ministry of Health to monitor the implementation for six months.
Bulgaria: The Ministry of Finance has presented a draft Law on Amendments and Supplements to the Tax-Insurance Procedural Code, which introduces a tax for non-nicotine e-cigarettes and increases the tax for nicotine-containing ones. If approved, both products will be taxed at BGN0.30 (€0.15) per ml from 1st July 2023, BGN0.35 (€0.18) per ml from 1st January 2024, BGN0.40 (€0.20) per ml from 1st January 2025 and BGN0.45 (€0.23) per ml from 1st January 2026. The draft is open for public consultation until 16th April, when it will then be sent to the National Assembly.
20th March 2023 - Europe |
EU: EU environment ministers, particularly from Italy and Belgium, want more flexibility in implementing the Packaging and Packaging Waste Regulation, proposed by the European Commission in November last year, media reports. The regulation seeks to boost waste prevention and recycling by introducing new targets on reuse and mandatory deposit return schemes for used packaging, potentially affecting packaging requirements for tobacco and vaping products. During a debate held in the Environment Council last week, ministers from several EU countries disagreed with the choice of a regulation that would be directly applicable, instead preferring a directive that would allow more flexibility for implementation. The European Commission defended its proposal, specifying that the previous directive has failed to reduce waste. The aim of the debate was to provide political guidance, and we expect further debate before the Council reaches an agreement.
20th March 2023 - Europe, Netherlands |
Netherlands: After an inspection of 25 outlets in the Hague, the Dutch Food and Consumer Product Safety Authority (NVWA) found that the inspected points-of-sale did not comply with all the rules, violating the display ban that applies to tobacco and vapour products, among other things.
17th March 2023 - North America, United States |
US - General: The Food and Drug Administration (FDA) has issued marketing denial orders (MDOs) for two menthol e-cigarette products currently marketed by RJ Reynolds Vapor Company under the Vuse Solo brand. The currently marketed products include the Vuse Replacement Cartridge Menthol 4.8% G1 and the Vuse Replacement Cartridge Menthol 4.8% G2.
Thailand: A subcommittee on tobacco control, within the Public Health Committee of the House of Representatives, reportedly made a formal recommendation to the government to adopt the principle of harm reduction, lift the ban on e-cigarettes and regulate them in order to decrease smoking rates.
17th March 2023 - Europe, United Kingdom |
UK: Junior environment secretary, Rebecca Pow, said that the Environment Agency has not received any complaints on disposable vaping devices in the last five years.
Germany: In a meeting organised by the newspaper eGarage, German politicians from the current coalition government shared their thoughts on e-cigarette taxation and a disposable e-cig ban. The Free Democratic Party (FDP) representative, Gero Hocker, said that the party is, in principle, in favour of reducing the tax burden and he also considered a tax advantage for e-cigarettes compared with combustible tobacco. Spokespeople from the Social Democratic Party (SPD) and the FDP were in favour of the disposables ban. "We would welcome it if that is successful, but we are skeptical that it will happen fast enough", said Rita Hagl-Kehl SPD member of the Bundestag.
US - New York: The New York State Senate and New York State Assembly have rejected governor Kathy Hochul’s proposal to ban sales of flavoured tobacco products, which would have included menthol cigarettes, media reports. The proposal was first introduced in February as part of the governor’s 2023-2024 fiscal year budget. Hochul’s proposal was opposed by the State Assembly and State Senate, but both groups did agree to raise cigarette taxes from $4.35 to $5.35, making New York the state with the highest tax for cigarettes. The tax would also apply to heated tobacco products. A final budget deal is expected by 1st April.
US - California: A US federal judge has granted a motion to dismiss a lawsuit brought by RJ Reynold and other tobacco companies against California’s statewide ban on the sale of flavoured tobacco and vaping products. Judge Cathy Ann Bencivengo said: “SB 793 does not control the retail sales of these products in other states, nor does it control the ability of manufacturers in or outside of California to continue manufacturing flavored tobacco products. In fact, manufacturers are still permitted to manufacture flavored tobacco products in California.” Reynolds and others brought the suit after California’s voters approved the ban in a November referendum. They claimed the law violated both the federal Tobacco Control Act (TCA) and the commerce clause in the US Constitution.
16th March 2023 - Europe, United Kingdom |
UK: As announced in yesterday’s Spring Budget, all tobacco taxes, including on heated tobacco, have increased in line with the Retail Price Index (RPI) plus 2%.
16th March 2023 - Africa, South Africa |
South Africa: The Advertising Regulatory Board has added an appendix to its industry-owned Code of Advertising Practice to include vaping devices and e-liquids, both with and without nicotine. Among other things, it suggests advertisements should not be targeted at under-18s, should include a health warning, and should use the phrase “safer than” in comparison with combustible tobacco.
US - Nevada: Assembly Bill 294 has passed its first reading and been referred to the Committee on Health and Human Services. It would ban the sale of tobacco products and e-cigarettes with any flavour other than tobacco. It would also ban cigarette sales to anyone born after 31st December 2002; and bar the Nevada Department of Taxation from issuing a licence to any vending machine operator, manufacturer or wholesale dealer in cigarettes after 31st December 2028. It is unclear if these last measures would apply to e-cigarettes or heated tobacco products, since there is no definition of “cigarette” in the bill.
16th March 2023 - Europe, Switzerland |
Switzerland: National Council member Christophe Clivaz of the opposition Green Party has submitted a motion calling for a ban on disposable e-cigarettes. His motion, citing ecological harm and high risk of addiction, was supported by members of the government parties, the Swiss People’s Party (SVP), the Liberals (FDP), the Centre Party and the Social Democratic Party (SP).
Bulgaria: Finance minister Rositsa Velkova has announced that the 2023 Budget will include an increase in tax on e-cigarettes. The changes will be published tomorrow, 17th March, and a draft budget will be presented for public discussion on 3rd April before being submitted to the National Assembly.
