LATEST ALERTSItaly: 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.
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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.
Egypt: Following a discussion on monitoring the sale of vaping products and heated tobacco, especially to minors, as well as enforcing the ban on advertising such products in stores and online, the House of Representatives Health Affairs Committee has demanded that a number of ministries and government agencies attend its next meeting for a briefing on the status of tobacco law enforcement, press reports.
Slovenia: The Ministry of Health has put forward a bill to ban the sale of vaping products with any flavour other than tobacco. 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.
Latvia: A 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 by the Social Affairs Committee. It has now to be approved at two more readings by the Saeima (parliament). Proposed amendments may be submitted until 2nd May before the bill’s next Saeima reading.
US - Texas: Two bills affecting e-cigarette sales have been introduced in the House. House Bill 3027 would make the sale or transfer of single-use e-cigs a criminal offence. House Bill 3022 would ban delivery sales of e-cigarettes in the state, including through online services.
Russia: From today, 1st March, the tax on e-liquids will rise to RUB20 (€0.25) per ml. The rate will go up again next year to RUB21 (€0.26) per ml, and in 2025 to RUB22 (€0.27) per ml.
1st March 2023 - Australasia, Australia |
Australia: The Green Party of New South Wales has put forward a plan to regulate vaping like tobacco products in order “to end the nicotine vape black market and reduce the harms associated with vaping”. Currently, nicotine vaping products can only be accessed in Australia under prescription. However, nicotine-free e-cigarettes are unregulated, although most states limit their sale to minors.
Bulgaria: From tomorrow, 1st March, nicotine-containing e-cigarettes will be taxed at BGN0.18 (€0.09) per ml. The rate will rise to BGN0.25 (€0.13) in 2024 and BGN0.35 (€0.18) in 2025.
28th February 2023 - Europe, United Kingdom |
UK: Asked about a report elsewhere that ministers were considering a vaping tax, the Department of Health and Social Care told ECigIntelligence it would not comment on speculation. A vaping tax has not been considered so far, unlike a “polluter pays” levy that could be set as a percentage of tobacco companies’ profits. A similar idea was raised in the Khan review as a possible corporation tax surcharge.
US - Minnesota: A US appeals court has upheld a ban on flavoured tobacco products imposed by the city of Edina. The US Court of Appeals for the Eighth Circuit ruled against the challenge filed by RJ Reynolds to an earlier ruling by a Minnesota district court that the local flavour ban did constitute a product standard but was not preempted due to the “saving clause” of the federal Tobacco Control Act (TCA). The court of appeal ruled that the TCA does not expressly or implicitly preempt a city’s prohibition on selling flavoured tobacco.
28th February 2023 - North America, United States |
US general: Altria is reportedly in advanced talks to buy e-cigarette startup Njoy for at least $2.75bn. According to the Reuters news agency, the deal could come as soon as this week.
US - California: The US Supreme Court has declined to hear a petition from RJ Reynolds Vapor and two other companies seeking to overturn Los Angeles County’s ban on flavoured tobacco products. Reynolds sued over the ban shortly after it took effect in 2020, arguing that only the federal government has the legal authority to regulate tobacco products.
28th February 2023 - Asia, South Korea |
South Korea: The Korea Disease Control and Prevention Agency (KCDC) last week published a report on the use of flavoured e-cigarettes, calling for tighter regulation of flavoured tobacco products.
28th February 2023 - Asia, Kyrgyzstan |
Kyrgyzstan: Dastan Bekeshev, deputy chairman of the parliamentary Budget, Economic and Fiscal Policy Committee, has said many MPs want to cut the excise tax on e-liquids, media reports. They justify this on the grounds that e-cigarettes are less harmful than traditional cigarettes, but Bekeshev said “the usual lobby” was behind their demand.
27th February 2023 - North America, United States |
US - Federal: In December 2022, an independent expert panel facilitated by the Reagan-Udall Foundation issued its report on the operational evaluation of the Center for Tobacco Products (CTP), including 15 recommendations across a number of areas. The Food and Drug Administration (FDA) has released the CTP response and first steps towards addressing said recommendations. A more detailed view on each recommendation and the planned steps can be found in a new section on the FDA website.
Thailand: Last week, a shop selling e-cigarettes on Phuket island was raided by the police, media reports. The action resulted in the seizure of 90 e-cigarettes, 107 coils, 87 nozzles, and 69 refills. Two vendors were arrested as well as a customer who had just purchased 12 e-cigarettes.
Israel: The Ministry of Health has submitted its study on the use of tobacco products for the year 2021 to the Knesset (parliament). The report states that 10% of teenagers use e-cigarettes or heated tobacco, with rates at 9.2% among men and 4.0% among women. The report also criticises the beneficial tax regime compared to cigarettes, claiming that it only increases the usage and will eventually lead to a smoking epidemic.
Egypt: Tomorrow, 28th February, the Health Affairs Committee of the House of Representatives will discuss a briefing request submitted by Representative Ghada Ali on the monitoring of vaping and heated tobacco product sales to minors, in violation of the existing tobacco control laws, media reports. Ghada Ali – who is a member of the ruling party “Nation's Future Party" – noted earlier this year that vaping and heated tobacco products have a negative effect on mental and physical health, and called for stricter rules on monitoring places that sell them.
27th February 2023 - North America, United States |
US - General: A Florida federal judge has ordered Shenzhen Weiboli Technology to stop selling its Elf Bar brand e-cigarettes in the US. According to Law360, VPR Brands, which manufactures and sells “Elf” brand e-cigarettes, is likely to win its claim that Elf Bar vapes infringe its trademark. VPR claims Shenzhen Weiboli is not only infringing VPR’s Elf trademark but also its patent for its e-cigarette device. A lawyer representing Shenzhen Weiboli said the company intends to appeal the order.
27th February 2023 - Europe |
EU: On 1st March, the Committee on the Environment, Public Health and Food Safety (ENVI) of the European Parliament will exchange views with the European Commission about the implementation of the Europe Beating Cancer Plan (Beca) and of the Non-Communicable Diseases Initiative. Both initiatives call for the enactment of more restrictive measures for novel tobacco products through the ongoing revision of the European tobacco framework, namely the Tobacco Products Directive (TPD) and the Tobacco Advertising Directive (TAD).
27th February 2023 - Europe, United Kingdom |
UK: There are no immediate plans to ban disposables, according to junior environment secretary, Rebecca Pow. "The Government is concerned by the increasing use of disposable vaping products, particularly amongst children, and their impact on the environment when they become waste. We are exploring a range of measures to address these issues," added Pow. It is possible that improving collection and recycling of e-cigarettes is tackled in the consultations about the Waste Electrical and Electronic Equipment (WEEE) regulations, which will take place this year.
27th February 2023 - Paraguay, South America |
Paraguay: Last week, the government issued Decree 8878, according to which the applicable tax for vaping products, regardless of nicotine concentration, has increased from 20% to 22% of the wholesale price.
Malaysia: The minister of health, Zaliha Mustafa, has supported the Ministry of Finance's intentions to introduce a tax on nicotine-containing vaping products, as announced last week by the ministry while presenting the Budget 2023. press reports. Mustafa has also welcomed the government's commitment to reintroduce the Tobacco and Smoking Control Bill 2022 to the parliament.
27th February 2023 - Europe, United Kingdom |
UK: Junior environment secretary, Rebecca Pow, said that the Environment Agency has so far not taken any enforcement action under the Waste Electrical and Electronic Equipment (WEEE) regulations against companies selling disposable e-cigarettes. Recently, betterRetailing reported that inspections of vape shops and their disposal management capabilities will start in May 2023, but the Office for Product Safety and Standards has not confirmed these plans. Stores selling heated tobacco devices are also obliged to offer take-back services for any devices (including for brands they do not stock) and have an established system for disposal or recycling.
27th February 2023 - Europe, United Kingdom |
UK: Yesterday, Greater Manchester Police released the results of Operation Vulcano, in which officers seized "hundreds of illegal vapes", among other non-compliant products. Similar action has been undertaken by the Trading Standards and Hertfordshire Constabulary Police, whose officers seized more than 250 non-compliant vaping products from a store in Stevenage.
24th February 2023 - Europe, United Kingdom |
UK: Trading Standards officers and the police have seized more than 500 illegal disposable e-cigs worth around £5,000 from a shop in Taunton, Somerset. The matter is now under investigation.
24th February 2023 - Europe, United Kingdom |
UK: The Advertising Standards Authority (ASA) has ruled in two cases against e-cigarette retailers Kick Ash Vapes Ltd and VPZ VapeClinic. In both cases, the ASA ruled that the retailers' ads contained medicinal claims for smoking cessation, which are prohibited by the Committee of Advertising Practice (CAP) code. Although VPZ VapeClinic tried to support its claims by referencing a Public Health England 2021 report, both companies were told not to use the same ads again.
Malaysia: While presenting the Budget 2023 today, prime minister Anwar Ibrahim said that the government will impose a tax on nicotine-containing e-liquids, press reports. Ibrahim also reiterated that the government supports the ban on vaping products set out in the Tobacco and Smoking Control Bill 2022, a bill that the new government intends to reintroduce to the parliament. An excise duty for nicotine-containing liquids was introduced in December 2021, but was suspended by the Royal Malaysian Customs Department the same month.
US - Virginia: House Bill 2296 has passed the Senate after amendments, agreed to by the House, and is now awaiting the governor's signature. The bill would direct the secretary of finance to assess a potential licensing scheme for manufacturers, distributors, and retailers of liquid nicotine, as well as the best way to enforce and administer licensing, age and product verification, and advertising restrictions related to the sale of liquid nicotine. Before it was amended, this bill would have originally imposed a tax on liquid nicotine in closed system devices at the rate of $0.066 per ml and in open system devices at the rate of 20% of the wholesale price.
US - California: Assembly Bill 935 has been introduced, which would prohibit tobacco product sales to anyone born after 1st January 2007. The bill includes penalties for violations, including escalating civil fines and the suspension or revocation of the seller's licence. The bill may have a committee hearing on 17th March.
23rd February 2023 - Europe, United Kingdom |
UK: Police and trading standards officers in County Durham say they have seized almost £100,000 worth of illegal e-cigarettes and cigarettes following multiple complaints about under-age sales of vaping products and illegal nicotine levels. The operation has so far removed 4,802 illegal vapes from sale, ranging from 2,500 puffs to 10,000, according to the police announcement.
23rd February 2023 - North America, United States |
US - federal: The Food and Drug Administration (FDA) yesterday announced it had “filed civil money penalty (CMP) complaints against four tobacco product manufacturers for manufacturing and selling e-liquids without marketing authorization”. This is the first time the FDA has taken this action to enforce the federal Food, Drug, and Cosmetic (FD&C) Act’s premarket review requirements for new tobacco products.
Croatia: The Croatian Institute of Public Health organised a roundtable to mark national non-smoking day, at which health experts discussed the harms of tobacco. It included a lecture on the effects of vaping on cardiovascular health. While it was concluded that smoking cessation is the best option for the prevention of serious illness, harm reduction was not discussed.
