LATEST ALERTSUS - 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 apf.food@health.fgov.be.
31st January 2023 - Australasia, Australia |
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.
30th January 2023 - Asia, Bangladesh |
Bangladesh: In response to the proposed amendment to ban vaping and heated tobacco products, the Bangladesh Electronic Nicotine Delivery System Traders Association (Bendsta) has called on authorities to withdraw the proposed ban and to consult with all industry members before making any policy decisions, media reports. The organisation fears the ban will jeopardise the prime minister's vision of making the country tobacco-free by 2040.
Portugal: The Customs authority has told ECigIntelligence that the tax revenue collected for nicotine-containing e-liquids was €1,619,375.35 in 2020, €2,009,700.80 in 2021 and €2,656,658.01 in 2022. E-cigarettes without nicotine are not taxed. The authority also provided a list of notified tobacco products, which includes nicotine-containing e-liquids.
Germany: The minister of health of the state of Baden-Württemberg, from the coalition party Die Grünen, and chairman of the Conference of Health Ministers (GMK) Manne Lucha wants to ban disposable e-cigarettes, press reports. There are already efforts by the environment ministers to examine a ban on disposables. "As Minister of Health, I expressly support this. The federal and state governments should now urgently address this issue," the politician said.
UK - Scotland: In reaction to the Scottish government's consultation on the environmental impact of single-use vapes, the charity Asthma + Lung UK has, together with the Daily Record, published a poll showing that more than seven in ten Scots are worried about the ecological impact of disposable vapes. In reaction to it, Green party MP, Gillian Mackay, said: “This poll is a tribute to the fantastic campaigning work of the Daily Record and so many others, who have pushed this issue right up the public health agenda." The consultation could lead to restrictions or even a ban on disposables in this part of the UK.
Slovenia: Ahead of No-Cigarette Day, which takes place on 31st January, the minister of health and the National Institute of Public Health have said that e-cigarettes are not smoking cessation aids and therefore they do not recommend their use as such.
Egypt: Ashraf Hatem, chairman of the House of Representatives’ Health Committee, has argued that although novel nicotine products pose significant health risks, they are less harmful than regular cigarettes, and that curbing nicotine addiction can begin gradually by relying on e-cigarettes or heated tobacco to replace regular cigarettes, press reports.
US - Oregon: Multnomah County is being sued over its ban on flavoured tobacco and vaping products, media reports. Tobacco and vaping retailers filed a lawsuit which claims that the county's ban is pre-empted by state law. Tobacco retailers previously sued Washington County over a similar flavour ban, and won. Furthermore, lawmakers in Oregon recently introduced a bill that would end the sale of flavoured tobacco products across the state.
27th January 2023 - Europe, United Kingdom |
UK: There are no plans to investigate manufacturers for selling products that exceed the 2 ml limit because this is the responsibility of local enforcement agencies, said junior health secretary Neil O'Brien. "The Department continues to work with the Trading Standards Authorities to provide advice in enforcing the Tobacco and Related Products Regulations 2016, including matters relating to the two millilitres e-liquid limit," O'Brien added.
Malaysia: The Ministry of Finance told ECigIntelligence today that the excise duty applicable to nicotine-containing e-liquids – which was suspended in December 2021 by the Royal Malaysian Customs Department – is still suspended as of today, and will remain so until the Tobacco and Smoking Control Bill 2022 is approved by Parliament. The bill, which needs to be reintroduced to Parliament by the new minister of health, proposes a ban on the sale and usage of vapour products to those born on or after 1st January 2007.
Russia: A bill has been signed today by the president that increases the excise rates for e-liquids and omits the excise tax for vaping devices, media reports. The provisions will enter into force on 1st March 2023. The increase will be from RUB18 (€0.24) to RUB20 (€0.28) per ml in 2023, with further increases in 2024 and 2025.
Germany: The federal drug commissioner, Burkhard Blienert, has called for stricter rules on the advertising of tobacco products, including e-cigarettes and heated tobacco, press reports. Blienert said that the products should be banned from social media, the internet, TV and radio. For e-cigarettes and heated tobacco in particular, he supported a ban on colourful advertising at kiosks, supermarkets and fuel stations.
Denmark: Since June 2022, there have been 106 reports of illegal sales of disposable e-cigarettes, and 522 social media profiles have been closed, according to the Danish Safety Agency. These related to the sale of flavoured disposables, which, aside from tobacco and menthol, are prohibited in Denmark.
Russia: On 18th January the State Duma chairman Vyacheslav Volodin instructed relevant committees to study the possibility of banning e-cigarettes in Russia. A survey indicates that such a policy would be supported by 68% of respondents, while only 14% would be against it.
26th January 2023 - Europe, United Kingdom |
UK: In December 2022, the port officers in Kent seized 315,920 illegal e-cigarettes in eight consignments, following referrals from the UK Border Agency. The estimated market value of products is more than £3m. Over the summer of 2022, the team intercepted 7,500 products, which suggests a sharp rise in illicit e-cigarettes entering the country.
Indonesia: Vice president Ma'ruf Amin said today that the effects of e-cigarettes would be reviewed and, if proven to be harmful to public health, they would be banned by the government, press reports.
Indonesia: The minister of health, Budi Gunadi Sadikin, said yesterday that regulations for e-cigarettes are still being discussed across ministries, press reports. The minister highlighted that vaping products cannot be considered a substitute for traditional tobacco products, and that they are considered to target children due to their attractive flavours.
26th January 2023 - North America, United States |
US - General: British American Tobacco (BAT) will appeal the marketing denial orders (MDOs) for its Vuse Vibe Tank Menthol 3.0% and Vuse Ciro Cartridge Menthol 1.5%, the applications for which were denied by the Food and Drug Administration (FDA) on 24th January. Several Vuse Vibe, Vuse Ciro and Vuse Solo products in original flavours were previously authorised by the FDA, but the menthol-flavoured products remained pending. “We believe that menthol vapour products are critical to helping adult smokers migrate away from combustible cigarettes," a BAT spokesperson stated. "FDA’s decision, if allowed to go into effect, will harm, not benefit, public health."
25th January 2023 - North America, United States |
US - General: New warning letters have been sent out by the Food and Drug Administration (FDA) to e-liquid manufacturers for manufacturing/selling/distributing e-liquid products without a marketing authorisation order; a couple of the letters also included a warning that tobacco products sold to individuals under 21 are misbranded.
25th January 2023 - Europe, United Kingdom |
UK: Yesterday, 24th January, Durham Police announced the first results of Operation Autumn, undertaken together with Trading Standards officers to combat illegal sales. Non-compliant e-cigarettes worth more than £37,000 have been seized from different stores. The premises were all visited following complaints from members of the public. All traders were given advice on the law, particularly in relation to underage sales and reminded of their obligations, the announcement states. The enforcement action will last a few months.
Russia: Today, the Federation Council (upper chamber of the parliament) approved a bill increasing the excise rates for e-liquids and omitting the excise tax for vaping devices, media reports. If signed by the president, the provisions would enter into force on 1st March 2023. The increase would be from RUB18 (€0.24) to RUB20 (€0.27) per ml in 2023, with a further increase in 2024 and 2025.
25th January 2023 - Asia, Philippines |
Philippines: Health advocacy groups have expressed their support for House Bill 5532, which aims to raise taxes on e-cigarettes, press reports. The bill was presented by representative Joey Salceda of the majority bloc Lakas-CMD party and proposes an increase to PHP60 ($1.05) per ml for nicotine salt, plus an ad valorem tax at 20% of the net retail price and a specific tax of PHP20 ($0.34) per device. The bill is pending in the Ways and Means Committee.
Egypt: In a televised interview, Ahmed Abdel-Maged, secretary of the Senate's Health Committee, said that e-cigarettes are as harmful as smoking. He said tobacco companies mislead the public by marketing them as healthy alternatives to smoking, while they are equally dangerous as the inhaled vapour contains nicotine, which is addictive. Earlier this week, a bill was submitted to the Senate’s Health Committee to expand usage restrictions on e-cigarettes and to ban vaping in universities and schools in order to curb their widespread use by youth.
24th January 2023 - North America, United States |
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 - Hawaii: House Bill (HB) 1076 has been introduced. This bill would ban the sale of flavoured tobacco products and mislabelled e-liquid products. E-cigarettes and any nicotine-containing products would be included in the definition of tobacco products for the purposes of this bill.
Russia: Today the Federation Council (upper chamber of the parliament) Committee on Economic Policy supported a bill increasing the excise rates for e-liquids and omitting the excise tax for vaping devices, media reports. The Federation Council will consider the bill during its first spring session meeting tomorrow (25th January). If approved and then signed by the president, the provisions would be in force as of 1st March 2023. The increase would be from RUB18 (€0.24) per ml to RUB20 (€0.28) per ml this year, with further increases in 2024 and 2025.
UK: Illegal e-cigarettes worth £107,000 have been seized in London, said Adam Hug, leader of Westminster City Council.
Italy: Vape consumer association ANPVU sent a letter to the Minister of Health asking to establish a technical committee composed of regulatory authorities and industry members in order to re-evaluate the current framework and the tax regime of e-cigarettes.
23rd January 2023 - North America, United States |
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.
Indonesia: The Directorate General of Customs and Excise has revealed how much revenue was collected from e-cigarette and heated tobacco excise duty in 2022, press reports. A total of IDR1.02tn ($68m) included IDR627.11bn ($42m) from open-system e-cigarettes, IDR119.47bn ($8m) from closed-system e-cigarettes, and IDR271.93bn ($18m) from heated tobacco products. The total revenue collected from tobacco and related products was IDR218.62tn ($14.57bn), of which e-cigs and heated tobacco accounted for just 0.4%.
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 - Scotland: Yesterday (19th January) the health secretary, Humza Yousaf, said that the government is reviewing the evidence on e-cigarettes that will influence the tobacco action plan, which is due in autumn. He expressed his concern over under-age vapers, online advertising and the environmental impact of e-cigarettes. “Stakeholders with the relevant expertise should explore and examine a range of issues in relation to vaping, including a potential ban on disposable single-use vapes,” Yousaf said.
Bulgaria: Members of We Continue the Change, a centrist party with the second most seats in Parliament, have presented a bill to amend the Law on Tobacco and Tobacco Products. Among the measures proposed are an expansion of the prohibition of marketing and advertising, including the obligation of health warnings on advertisements. The bill would affect e-cigarette products.
Spain: E-cigarette consumption is on the rise. According to the results of the Survey on Alcohol and Other Drugs, which is conducted by the Ministry of Health every two years, 12.1% of people between the ages of 15 and 64 have used e-cigarettes at least once. This percentage was 10.5% in 2020 and has nearly doubled since 2015, when it was 6.8%. E-cigarettes are most used among 15- to 24-year-olds.
Egypt: A bill presented by representative Mohamed Emara – secretary of the Youth and Sports Committee – will be discussed by the Senate health committee on Sunday, 22nd January. Among the provisions of the bill are expanding usage restrictions on e-cigarettes and banning vaping in universities and schools in order to curb their widespread use by youth, press reports.
Iraq: The public prosecutor of the Duhok Governorate in Kurdistan banned the use, sale and circulation of e-cigarettes, press reports. As a consequence of the decision, Farhad Ismail, director of the Prevention Department at the Duhok Health Directorate, reported to the press that these products spread at an alarming rate among youth, and that the ban came after long discussions about their adverse effects in the region.
US - Vermont: The state Senate has introduced bill S 18, which would prohibit the sale of flavoured tobacco products, including e-cigarettes and menthol tobacco products. The bill would also direct the office of the attorney general to report on the extent to which Vermont may legally restrict advertising and regulate labels for e-cigarettes and other vaping-related products.
20th January 2023 - North America, United States |
US - General: The US Court of Appeals for the Fifth Circuit has granted Triton Distribution’s petition for a rehearing of its appeal of the FDA’s marketing denial orders (MDOs), according to a court order. The original Fifth Circuit three-judge panel ruled 2-1 in July 2022 to deny Triton’s appeal.
UK: Two retailers in South Gloucestershire have been fined for selling illegal disposable e-cigarettes. Prosecution started last year when Trading Standards officers found and seized products with up to seven times the 2 ml legal limit of nicotine-containing e-liquid in one of the stores. The combined total of fines, costs and surcharges comes to £10,786.
Germany: The German Medical Association has called on the federal government to expand the planned ban of heated tobacco flavour to e-cigarettes. This comes after the Federal Ministry of Food and Agriculture (BMEL) published a draft of the third amendment to the Tobacco Products Law, which will transpose the flavour ban for heated tobacco products imposed by EU Directive 2022/2100. According to the association, the aim is to make e-cigarettes less attractive to young people and other non-smokers and smokers. The draft has not yet been sent to Parliament.
19th January 2023 - Europe, United Kingdom |
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.
