LATEST ALERTSUK: The Advertising Standards Authority (ASA) today published a decision against an advertisement for Riot e-liquid, which it said breached the Committees of Advertising Practice (CAP) Code. The ASA acted on two web pages advising smokers to quit in terms such as: “Cut your cigarette intake and use your Riot Bar whenever you aren’t able to smoke. Without realising, your cigarette intake will be next to nothing, or even better; non-existent. THE REST IS EASY.” The ASA said the ad undermined the message that quitting tobacco was the best option for health, and that Riot Labs had agreed to remove the disputed wording from its website.
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15th March 2023 - Europe, United Kingdom |
UK: The government has no plans to ban vaping in public enclosed places, junior health minister Neil O’Brien told members of Parliament (MPs).
15th March 2023 - Europe |
EU: Answering questions from members of the European Parliament (MEPs) Johan Nissinen of the right-wing Sweden Democrats and Anne-Sophie Pelletier of the French Left on when the proposal reviewing the Tobacco Excise Directive (TED) would be presented, the European Commission stated that “the revision is currently being finalised”, and ”a planned adoption date will be indicated in due course”.
Finland: The Ministry of Finance has told ECigIntelligence that €2.1m was raised in tax revenue from e-liquids in 2020, €3.1m in 2021, and €2.7m in 2022. It said nicotine-free e-liquids accounted for very little, and confirmed that e-cigarette devices are not subject to excise tax.
US - Texas: House Bill 3022, which would ban the sale of single-use e-cigarettes, has passed its first reading and been referred to the Committee on Public Health.
Thailand: Following investigations into online advertisements, police seized more than 20,000 e-cigarettes, 80,000 refills and other accessories, worth a total of about THB80m ($2.3m), from two warehouses in Bangkok and Nakhon Pathom, central Thailand, press reports. The importing and selling of vaping products are illegal in Thailand.
14th March 2023 - Australasia, Australia |
Australia: Queensland state premier Annastacia Palaszczuk has announced a parliamentary inquiry into vaping to take place next week, media reports. It follows reports that primary school children are becoming addicted to e-cigarettes. Health minister Yvette D’Ath said the state health committee would examine how children are accessing vapes. She also said many vaping products were falsely labelled as nicotine-free. Nicotine vaping products can only be accessed in Australia with a prescription.
14th March 2023 - Europe, United Kingdom |
UK: There are no current plans to reduce nicotine levels in vapour products, junior health minister Neil O’Brien said in reply to a written parliamentary question.
Slovenia: The National Institute of Public Health has supported a Ministry of Health bill which seeks to ban the sale of vaping products with any flavour other than tobacco and to bring nicotine-free vaping products under the legal framework for tobacco. The institute also proposes limiting the number of sales points for vaping products.
Germany: Customs officers have seized 46 l of e-liquids and 40 counterfeit e-cigarettes in the Rhine-Neckar region of northwest Baden-Württemberg, on which a total of about €7,500 tax had gone unpaid. E-liquids have been taxed in Germany since 1st July 2022, and all old untaxed old stock should have been sold by 12th February 2023.
14th March 2023 - Australasia, New Zealand |
New Zealand: As shown in our compliance calendar, tomorrow (15th March) is the last day to submit comments on new proposals to address youth vaping. The proposals seek to tighten retail availability, reduce nicotine levels in disposable e-cigarettes, restrict flavour names, and add packaging requirements.
14th March 2023 - Europe, United Kingdom |
UK: Greater Manchester Police has announced the seizure of 18,000 “non-compliant vape products” in an ongoing enforcement operation.
13th March 2023 - Europe, United Kingdom |
UK: The Chartered Trading Standards Institute (CTSI) published a statement on e-cigarettes saying that CTSI and Trading Standards teams need urgent support and clear direction from the Department of Health and Social Care on non-compliant e-cigarettes and under-age sales. The announcement adds that, based on test purchasing, around one in three vape products may be non-compliant, and it asks manufacturers to publish batch numbers of non-compliant products so that retailers know what they should not be selling.
US - Texas: House Bill 4758 has been introduced. This bill would prohibit any e-cigarette container that "(1) depicts a cartoon-like fictional character that mimics a character primarily aimed at entertaining minors; (2) imitates or mimics trademarks or trade dress of products that are or have been primarily marketed to minors; (3) includes a symbol or celebrity image that is primarily used to market products to minors; or (4) resembles a food product, including candy or juice".
13th March 2023 - Europe, United Kingdom |
UK: When asked about the environmental impact of disposable e-cigarettes, the junior environment secretary, Rebecca Pow, said that disposable e-cig packaging could also be included under the reformed packaging extended producer responsibility regime. Review of the Waste Electrical and Electronic Equipment Regulations – which aims to increase levels of separate collection of electric and electronic waste, including vaping devices – is planned for later this year. There are no plans to ban the product.
Serbia: Health minister, Danica Grujičić, told local media that the proposal to amend the Law on the Protection of People from Smoke Exposure will ban both smoking and vaping inside hospitality premises. The proposal has not yet been published. No other changes to the tobacco framework, namely the Tobacco Law, that would regulate e-cigarettes and heated tobacco in other policy areas have been announced.
China: The Healthy China Action Promotion Committee instructed enforcement agencies to "severely crack down" on illegal underage and online sales. The State Tobacco Monopoly Administration is also planning to step up enforcement of the tobacco control rules, and increase oversight over production in order to ensure that only licensed manufacturers remain on the market.
10th March 2023 - Europe, United Kingdom |
UK: At yesterday's debate, the National No Smoking Day, MPs asked the health secretary exactly when the response to the Khan review will be published and whether a “polluter pays” charge will be imposed on the tobacco industry in the upcoming budget. Junior health secretary, Neil O'Brien, answered that a set of proposals to realise the smokefree 2030 ambition and to respond to the Khan review’s recommendations will be revealed in the coming weeks.
Russia: Yesterday, a bill on the state regulation of production and circulation of tobacco and nicotine-containing products was approved by the Russian government, and was sent to the State Duma (lower chamber of the parliament). The proposed bill would introduce, among other things, state licensing of production and storage, import and export of tobacco and nicotine-containing products, including raw materials. The bill would also establish mandatory state registration for the main technological equipment used for the production of these products. It is also expected that the Federal Service for Alcohol Market Regulation (Rosalkogolregulirovanie) would be given control over such products.
10th March 2023 - North America, United States |
US - Federal: The proposed rule "Requirements for Tobacco Product Manufacturing Practice" has been officially published. One of the reasons behind it, regarding e-liquids, is to prevent the manufacture of e-liquids "that contain nicotine concentration levels that vary from the labeled amount and vary from one ENDS [electronic nicotine delivery systems] product to another within the same brand". The rule refers to research and reports that demonstrate the variability in nicotine concentrations, inconsistent with the label information.
US - Texas: House Bill 4353 has been introduced. This bill would impose a tax on e-cigarettes and alternative nicotine products when a person makes a first sale, as follows: "on all e-cigarettes that use an e-cigarette pod, 5 cents per e-cigarette pod; on all e-cigarettes that do not use an e-cigarette pod, 5% of the wholesale cost price; and on alternative nicotine products, $1.23 per ounce." A further tax is imposed on the storage, use, or other consumption of e-cigarettes and alternative nicotine products – the rates would be the same as those of the first sale tax.
9th March 2023 - North America, United States |
US - General: Altria Group has asked the US Federal Trade Commission (FTC) to drop its 2020 challenge of the company's 2018 acquisition of a 35% share in Juul Labs, Reuters reports. In 2020, the FTC ruled that Altria's $12.8bn investment in Juul violated antitrust laws. The FTC found that by acquiring a position in Juul, Altria chose to exit the market for closed-system e-cigarettes rather than compete with Juul, which reduced competition and harmed consumers. “There is nothing left of the transaction to be challenged. Altria and JLI respectfully ask the commission to dismiss this matter as moot,” Altria Group and Juul Labs wrote in a filing to the FTC.
Vietnam: During the seminar on "Implementation of Laws and Policies to Prevent Tobacco Harms", Nguyen Ruhui, deputy director of the Education System Department of the Ministry of Education and Training, said that "the rate of e-cigarette use among Vietnamese teenagers is increasing rapidly". In particular, the e-cigarette usage rate in the 15-24 age group reached 7.3%. The seminar – in which experts and representatives from the Jiulong River Delta area discussed the implementation of tobacco prevention laws and policies – was held by the National Assembly Committee in An Giang Province on 8th March.
Russia: The government agenda for today includes a discussion on a proposal concerning the production, licensing and packaging requirements for tobacco and nicotine products. There are currently no specific notification and packaging restrictions for e-cigarettes. Detailed analysis will be provided following the publication of the proposal.
9th March 2023 - North America, United States |
US - Federal: Yesterday, the Food and Drug Administration (FDA) announced that it is proposing new requirements for tobacco product manufacturers regarding the manufacture, design, packing and storage of their products. "For example, these requirements would help minimize or prevent the manufacture and distribution of tobacco products contaminated with foreign substances—such as metal, glass, and plastics—which have been found in tobacco products. The proposed rule would also help address issues related to inconsistencies between e-liquid product labeling and the actual concentrations in e-liquids; such variability can be misleading to consumers, potentially intensifying addiction and exposure to toxins." The proposed rule was filed yesterday, 8th March, and remains unpublished; it is scheduled to be published tomorrow, 10th March.
9th March 2023 - North America, United States |
US - Federal: The Food and Drug Administration (FDA) has released a new webinar to assist manufacturers and vape shop owners in responding to warning letters from the agency’s Center for Tobacco Products (CTP). The webinar outlines the necessary items for a response to a warning letter and provides guidance on proper documentation concerning corrective actions taken by the entities.
US - Texas: House Bill 1872 has passed its first reading and been referred to the Committee on Public Health. The bill would prohibit any person to sell, give, or cause to be sold or given an e-cigarette with a distinguishable taste or aroma other than tobacco or menthol.
8th March 2023 - Europe, United Kingdom |
UK: Asked in Parliament about a possible “smoke-free fund” to be paid for by the tobacco industry to boost public health budgets, junior health minister Neil O’Brien said the government would be investing £35m this year in the National Health Service (NHS) to ensure that all smokers who are admitted to hospital are given NHS-funded tobacco treatment.
8th March 2023 - Europe, Switzerland |
Switzerland: The upper house of the Federal Assembly, the Council of States, has approved by 40 votes to one an amendment to the Tobacco Tax Act to tax e-cigarettes. The rate would be CHF0.20 (€0.20) per ml of nicotine-containing e-liquid for reusable e-cigarettes and CHF1 per ml for disposable e-cigarettes, regardless of nicotine content. The amendment will now be discussed by the lower house, the National Council.
8th March 2023 - Europe, Netherlands |
Netherlands: Governing coalition party Democrats 66 was today set to submit a motion to the House of Representatives calling for an enforced change in the appearance of e-cigarettes to make them “as neutral and uniform as possible”, media reports.
8th March 2023 - Europe, United Kingdom |
UK: Treasury sources say a vaping levy will not be included in next week’s Budget, despite calls from health department officials, press reports. The Department of Health and Social Care told ECigIntelligence last week that it would not comment on reported speculation that ministers were considering a vaping tax.
8th March 2023 - Czech Republic, Europe |
Czech Republic: National anti-drug coordinator Jindřich Vobořil has told reporters that an overdue action plan on addiction will be sent to the government by the end of March. The plan, which was to have been presented at the end of the last year, includes proposals for new taxation of addictive substances – reportedly including an excise tax for e-cigarettes, at a lower rate than for traditional cigarettes.
7th March 2023 - North America, United States |
US - general: Tobacco giant Altria has entered into an agreement to acquire e-cigarette manufacturer Njoy for approximately $2.75bn. The purchase will give Altria control over the Njoy Ace, currently the only pod-based vape product with market authorisation from the US Food and Drug Administration (FDA).
7th March 2023 - Paraguay, South America |
Paraguay: MP José Rodríguez said yesterday that his Partido Liberal Radical Auténtico (PLRA), the largest opposition party, will press for the excise duty on vaping products to be raised to 24% of the wholesale price – the highest rate allowed by law, press reports. The government recently raised the duty from 20% to 22% of the wholesale price.
Italy: The Ministry of Health will present a bill to Parliament soon to eliminate smoking rooms in public places and extend the smoking ban to outdoor bars, restaurants, public transport stops, and public parks frequented by children and pregnant women, media reports. The bill would also equate vaping and heated tobacco use to smoking – a measure opposed by transport minister Matteo Salvini.
Denmark: The government has sent a draft bill to the European Commission TRIS database introducing an executive order to expand requirements for notification of e-cigarettes and refill containers without nicotine, such as an e-cigarette ID for every product. The standstill period ends on 5th June.
US - Alaska: Senate Bill 89 has been introduced, which would raise the minimum age to purchase tobacco, nicotine and vaping products from 19 to 21. It would also levy a tax on closed-system e-cigarettes at 25% of the wholesale price. Governor Mike Dunleavy vetoed a similar bill last year.
6th March 2023 - South America, Uruguay |
Uruguay: The Ministry of Health has opposed the legalisation of e-cigarettes after the Association of Vapers of Uruguay (Asovape) called on the government to regulate them and “campaign for responsible consumption”, press reports. The ministry countered: “It is in the best interest of the population that they continue to be banned because there is no evidence to show that one device is less harmful than another.”
6th March 2023 - Asia, Philippines |
Philippines: The Department of Trade and Industry’s Consumer Protection Group has warned all e-commerce platforms to comply with vaping and heated tobacco regulation, or risk facing intensified monitoring and enforcement. It follows an increase in the number of online retailers found to be selling non-compliant products, such as products without the required health warnings or with flavour descriptors.
6th March 2023 - North America, United States |
US - general: Altria has announced that it has exchanged its investment in Juul Labs for a non-exclusive global licence to certain of Juul’s heated tobacco intellectual property. Juul stated: “The return of Altria’s equity stake and termination of underlying agreements affords us full strategic freedom – we are no longer limited by the terms of those agreements to pursue other strategic opportunities and partnerships.” The e-cigarette manufacturer added that it would “continue to pursue future applications for new products to accelerate our mission and progress for the adult smoker, public health, and an end to combustible cigarettes”.
6th March 2023 - Czech Republic, Europe |
Czech Republic: The Ministry of Health has updated the publicly available list of notified herbal products for smoking, e-cigarettes and refill containers.
Germany: The Bundesrat (federal council) has voted in favour of calling “on the federal government to campaign at the national and EU level for an effective ban on the marketing of single-use e-cigarettes”, at the initiative of Bavaria. The Bundesrat is also urging the federal government to examine further measures, in particular on how to “counteract the improper disposal of single-use e-cigarettes”. The resolution, however, is not binding for the federal government.
Egypt: Representative Ghada Ali, a member of the Nation’s Future Party (ruling party), said in a televised interview that a bill is being prepared to increase the fine for selling any tobacco product to under-age consumers. Currently, selling tobacco products – including e-cigarettes – to under-18s can lead to imprisonment of one year, a fine of between EGP100 ($3.25) and EGP1,000 ($32.50), forfeiture of materials and tools used in advertising or promotion, and possible closure of the plant or store subject to the breach.
Russia: Bill 204240-8, amending Federal Law No. 15-FZ on “health protection from exposure to environmental tobacco smoke and the consequences of tobacco consumption”, has passed through its first reading in the State Duma (lower chamber of the parliament). The bill would establish nationwide restrictions on the volume of e-liquids without traceability marking that individuals can transport. Under the bill, no more than 50 ml of e-liquid without marking per person would be permitted to be transported. The bill aims to fight the growth of the illicit market created by the influx of cheaper products entering Russia from Eurasian Economic Union (EAEU) countries due to the lack of customs borders, media reports.
3rd March 2023 - Asia, Bangladesh |
Bangladesh: At an event to discuss the role of the media in tobacco control, representative Md Abdul Aziz of the Awami League (ruling party) called on the government to ban e-cigarettes, arguing that increasing taxes is not an effective solution to limit their consumption. During the event, the Development Organisation of the Rural Poor, a non-governmental organisation (NGO) based in Bangladesh, also urged the government to amend the tobacco control law and ban all types of electronic smoking, impose more restrictions on tobacco retail, and increase the size of health warnings on cigarette packets from 50% to 90%, press reports.
US - New York: State Assembly bill A 4932 has been introduced. This bill would prohibit the sale of any vapour or tobacco products containing the substance N-Ethyl-p-menthane-3-carboxamide, which creates a cooling sensation similar to menthol.
3rd March 2023 - Asia, Kyrgyzstan |
Kyrgyzstan: At a Parliament meeting yesterday (2nd March), member of Parliament (MP) Shaiyrbek Tashiev proposed banning e-cigarettes in Kyrgyzstan, media reports. Reportedly, the issue of a countrywide ban on e-cigarettes has been repeatedly discussed in the parliament, though no formal decision has been adopted.
US - Hawaii: The House Committee on Finance has recommended that House Bill 551 be passed unamended. The bill would prohibit the sale of flavoured tobacco products and the mislabelling of e-liquids as nicotine-free.
2nd March 2023 - Europe |
EU: Commission Implementing Regulation (EU) of 1.3.2023 amending Implementing Regulation (EU) 2018/574 on technical standards for the establishment and operation of a traceability system for tobacco products was adopted yesterday. The purpose is to facilitate reporting of all involved in the trade in tobacco products and good practice in data management and analysis. The technical rules concern “the operation of the various components of the repositories system, the tasks of and the procedures to be followed by the ID issuers as well as the reporting activities of the economic operators and the technical tools available to the Member States in the context of their enforcement duties, in particular, all access interfaces including for mobile inspections”. Track and trace obligations, which currently apply to cigarettes and roll-your-own tobacco, will be extended to all tobacco products from 20th May 2024, and we believe will eventually apply to all other alternative products, including e-cigarettes.
