US - general: A North Carolina federal judge has ruled that RJ Reynolds Vapor must pay ongoing royalties to Altria for a pod-style vape, after a $95m verdict last year found it was guilty of a patent infringement. The opinion reduces Altria’s demand from 10.5% to 5.25%, which Reynolds will have to pay quarterly until the last of Altria’s patents expires in April 2035. “Altria has not shown that the pod patents’ contribution to the Alto’s performance since May 2019 justifies increasing the jury’s royalty rate of 5.25%,” the judge wrote.
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Latvia: The State Revenue Service has told ECigIntelligence that the excise duty on e-liquids, with or without nicotine, brought in €636,000 in 2020, €2,925,000 in 2021, and €7,435,000 in 2022.
Germany: In response to a parliamentary question put by The Left party (Die Linke) on the taxation of e-liquids, the government said that as the regulations have only been in force for a short time, it did not see any need for change. It added: “A need for change could possibly arise in the future due to regulations to be implemented from the upcoming revision of the EU Tobacco Tax Directive.”
Germany: The Federal Office of Consumer Protection and Food Safety (BVL) has updated the list of notified e-cigarette products, which now contains 303,179 vapour products. Only products notified at least six months ago are listed.
Belgium: The Federal Public Service for Health, Food Chain Safety, and Environment will hold an information session at 10am tomorrow on the Royal Decree on e-cigarettes that was enacted at the beginning of January. Thought the session will take place in French and Dutch, an English translation will be made available. Links to the session are available from email@example.com.
Australia: Public Health Associations in New South Wales (NSW) are urging the next government of the state to protect young people from vaping, press reports. The NSW branch of the Public Health Association of Australia (PHAA) yesterday highlighted what it considered the five public health issues that need attention, among which was the use of vaping products by young people. Branch president Kate McBride said the consumption of vaping products by young people had doubled in the last two years. While nicotine-containing e-cigarettes can only be acquired through prescription, there is no sales restriction on nicotine-free ones. State elections are due in March.
US - Federal: The Food and Drug Administration (FDA) has denied RJ Reynolds Vapor Company permission to continue selling two menthol e-cigarette products in the US. The agency issued marketing denial orders (MDOs) today against the Vuse Vibe Tank Menthol 3.0% and the Vuse Ciro Cartridge Menthol 1.5%. Brian King, director of the FDA’s Center for Tobacco Products (CTP), said: “The applications for these products did not present sufficient scientific evidence to show that the potential benefit to adult smokers outweighs the risks of youth initiation and use.”
US - general: A US district judge has granted Juul Labs preliminary court approval of a $255m settlement resolving claims by consumers that it deceptively marketed e-cigarettes, Reuters reports. Judge William Orrick said the deal to settle almost 10,000 lawsuits filed by local governments across the US seemed “fair and reasonable.” He must still give final approval to the deal.
Tunisia: E-cigarette importers and manufacturers have until 13th December to place a health warning on their products. Last year, the health ministry imposed health warnings covering 70% of the packaging, with an original deadline of 21st January 2023. Since 2014, e-cigarettes are treated as a tobacco product and subject to the monopoly of the National Administration of Tobacco and Matches.
US - Oregon: House Bill 3090 has been introduced, which would ban the sale of flavoured “tobacco products”, including e-cigarettes, containing either natural or synthetic nicotine.
UK - Scotland: The Scottish government has commissioned an urgent evidence review on the environmental impact of disposable e-cigarettes, which could lead to a ban. Other approaches to be considered may include increasing access to responsible disposal options, improved product design, or public communications campaigns. Circular economy minister Lorna Slater said: “Not only are single-use vapes bad for public health, they are also bad for the environment.” The review will influence the new tobacco action plan, which is due in the autumn.
Lithuania: The Consumer Rights Protection Service has imposed fines of €1,600 and €750 on two e-cigarette distributors for failing to specify all the chemical substances contained in their e-cig products.
UK: More than 60% of Trading Standards officers say their biggest worry is shops selling illicit e-cigarettes or selling vaping products to children, according to research by the Chartered Trading Standards Institute (CTSI). The CTSI says there has been a surge in illegal sales of e-cigs by specialist vape shops, convenience stores and corner shops over the past year, with more than 1.4 tonnes of illegal vapes seized in the last six months of 2022 in the northeast of England alone.
US - New York: Senate Bill S2133 has been introduced. It would ban the sale of e-cigarettes that contain certain toxic metals, and require the state Department of Health to study the long-term health effects of vaping.