LATEST ALERTSSweden: The Public Health Agency of Sweden has updated a publicly available list of notified electronic cigarettes and refill containers, which contains 11,774 vapour products.
As of February 2022, subscribers can view and filter individual regulatory alerts per region. If you want to get our monthly compilations, visit our alerts round-up section.
France: The National Agency for Food, Environmental, and Occupational Health Safety (ANSES) has published an updated list of notified e-cigarettes, which includes 74,630 products.
Slovenia: The government has published today a draft Strategy for Reducing the Consequences of Tobacco Use - For Slovenia without Tobacco 2022-2030, which is currently being discussed across ministries and agencies. The policy paper calls for the urgent enactment of legislation that extends plain packaging to e-cigarettes, raises the minimum age for the purchase of e-cigarettes to 21, and bans flavoured vapour products, among others.
US - Virginia: Senate Bill 223 has passed the House after minor amendments. This bill prohibits student athletes from earning compensation for the use of their image in connection with tobacco, tobacco products, alternative nicotine products, nicotine vapour products, and similar products and devices.
Australia: The government of the Australian state of New South Wales is preparing to adopt measures in order to reduce the consumption of electronic cigarettes among teenagers, press reports. The measures to be taken would be implemented in 2023 and would include, among others, suspending students who are caught vaping at school. The use of e-cigarettes at schools is prohibited, but incidents regarding their use and sale in schools have increased by 771%, according to education documents sent to parliament earlier this year.
Croatia: The Ministry of Health has updated the publicly available list of notified e-cigarettes and refill containers.
US: The FDA has issued new warning letters to manufacturers and distributors of e-liquid products that are “new tobacco products” without the required FDA marketing authorisation to remain on the market.
Denmark: Yesterday, the health ministry announced that Nicoventures
UK: The West Northamptonshire Council trading standards department has inspected five shops following complaints of underage (under-18s) sales. Three of the shops asked for identification when the customer attempted to buy e-cigarettes and cigarettes, while the other two face under further investigation, press reports.
Germany: The Federal Office of Consumer Protection and Food Safety (BVL) has updated the list of notified e-cigarette products, which now contains 247,925 vapour products. Only products notified at least six months previously are listed.
US - Georgia: Senate Bill (SB) 572 has been introduced. This bill would require vapour product manufacturers and sellers to deliver an attestation to the attorney general stating that the product has received a marketing granted order by the FDA; it would require the attorney general to develop a vapour product directory, which would be publicly available for inspection; and it would ban any vapour product manufacturer from manufacturing or selling any vapour product not included in such a directory.
Ireland: Today, the Joint Committee on Health discussed the Tobacco and Nicotine Inhaling Bill with the industry members. The trade organisation Vape Business Ireland (VBI), whose representatives attended the meeting, stated that the credible evidence supporting vaping as a less harmful alternative to smoking must not be ignored and highlighted the importance of flavours in smoking cessation. Said a VBI spokesperson: “While it is essential that we do everything we can to prevent youth access to vaping products, we must also ensure that we find a balance in protecting the 200,000 vapers right across Ireland from relapsing.”
Malaysia: The first sitting of the Dewan Rakyat (Malaysian lower parliamentary chamber) in which the bill banning the sales of vaping products to anyone born after 2005 that we previously reported on is expected to be introduced by the Ministry of Health started today and running until 24th March. Although the bill has not been listed in today’s agenda nor has it been mentioned in the King’s Speech opening ceremony, the Ministry has until 24th March to introduce the bill. However, the longer the Ministry delays the tabling of the bill, the less likely it is to pass, as the time needed to debate it and propose any significant amendments will be increasingly reduced.
Canada - Ontario: France Gélinas, a member of the New Democratic Party, which is part of the minority coalition, tabled Bill 85 “Vaping is not for Kids”. The proposal aims to restrict the sale of vapour products to speciality vape stores, prohibit the promotion of e-cigarette products, and raise the minimum age for purchasing vaping products from 18 to 21.
Canada - Alberta: The provincial government will not introduce a standalone provincial tax for vapour products through the Budget 2022 (page 181). Alberta will work with the federal government to explore a coordinated taxation approach to collect a provincial tax on vaping products. According to the Budget 2022 documents, a coordinated tax structure would minimise the burden on Alberta businesses and could also reduce the risks of interprovincial smuggling and tax leakage.
Missouri: House Bill 2786 has been introduced. This bill would raise the minimum age from 18 to 21 for purchasing and possession of tobacco products, alternative nicotine products, and vapour products.
UK: Maggie Throup, parliamentary undersecretary for health, said that there are no current plans to review smoke-free legislation to include vaping. “The provision of separate vaping areas is a matter for individual organisations,” added Throup.
Estonia: The Health Board has updated the list of notified e-cigarette products, which contains 41,641 vapour products.
China: Following the central government’s announcement on ending e-cigarette sales to minors, a market supervision authority in Tianjin, a northeastern city with 13.8m residents, has increased the oversight of the ban on e-cigarette sales to minors, media reports. The authority will cover both traditional and online retail channels and block access to the latter.
Kazakhstan: The chair of the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan answered the question on the procedure for the import, customs clearance, and sale of e-cigarettes imported from China into the territory of Kazakhstan. The answer is: behind the paywall.
Mexico: The National Commission against Addictions (CONADIC), the Pan American Health Organization (OPS), and the organisation Salud Justa have shown their concern over the new General Custom Duty Act, press reports. The organisations say that the Act does not prohibit the import of the third category of electronic cigarettes (known as “alternative systems of nicotine consumption”) and that it only prohibits the import of the other two categories of electronic cigarettes: “electronic devices of nicotine administration” (SEAN) and “similar devices without nicotine” (SSSN). According to the organisations, the bill would contradict the October 2021 presidential decree that prohibited the import of all electronic cigarettes.
Poland: On 2nd March 2022, the Senate health committee will debate the bill that intends to introduce the cultivation and collection of non-industrial hemp, press reports. According to the bill, the cultivation of medical cannabis will be allowed, but only if conducted by research institutes dependent on the Ministry of Agriculture. The bill was approved on 8th February by the Sejm (Polish lower house) and is currently pending parliamentary approval prior to being signed by the president.
South Africa: The Minister of Finance, Enoch Godongwana, said during the Budget Speech 2022 that the government proposes to introduce a new tax on vaping products of at least ZAR2.90 ($0.17) per ml starting 1st January 2023.
Sweden: From February 2020 to March 2021 the government held an investigation to ensure a coherent and systematic regulation of tobacco, e-cigarettes, and tobacco-free nicotine products. The outcomes of this inquiry were published yesterday, and the government intends to submit a proposal shortly that would ban tobacco-free flavoured e-liquids and strengthen the restrictions on the marketing and advertising of e-cigarettes and refill containers.
US - General: The Federal Trade Commission announced yesterday: “In an Initial Decision announced on Feb. 24, 2022, Chief Administrative Law Judge D. Michael Chappell dismissed the antitrust charges in a complaint issued by the Federal Trade Commission staff against tobacco company Altria Group, Inc., and electronic cigarette maker JUUL Labs, Inc.” The judge concluded that the complaint failed to prove antitrust violation of the non-compete provisions of the agreements between Juul and Altria.
Iceland: The Ministry of Health confirmed to ECigIntelligence that the bill amending Law 87/2018 on electronic cigarettes and refills to introduce a ban on e-cigarette flavourings “that may appeal to children” will be introduced into the Althingi in March. As we previously reported, the bill was meant to be introduced today, according to the official parliamentary register.
Italy: The Senate has approved the text for the conversion into law of Decree-Law 228/2021, which lowers excise duties on e-cigarettes. The rates applied in early 2021 will be restored from 1st April 2022: approximately €0.13/ml for nicotine-containing e-liquids and €0.08/ml for those without nicotine. Our briefing will provide a more detailed outlook of the changes.
California: An ordinance has been approved in the city of Antioch in Contra Costa County to prohibit characterising flavours in tobacco products, impose packaging restrictions on cigarettes and cigars, and ban the sale of e-cigarettes for use with tobacco or tobacco products, local press reports. At the meeting which took the decision, councilmember Mike Barbanica expressed strong opposition, saying: “We have a city that allows cannabis sales...but you cannot buy some bubblegum vaping pen”. Another councilmember put a motion to waive the first reading and read by title only, which passed 3-2.
Kazakhstan: The Ministry of Health has confirmed to ECigIntelligence that the maximum level of nicotine content in e-liquids is 1 mg/ml. Laboratory tests on the maximum permissible content of nicotine should be carried out by labs in Kazakhstan. However, currently there is no certified method for determining the nicotine content in e-liquids, and, thus, testing labs in Kazakhstan currently do not carry out these tests.
Idaho: Senate Bill 1284 has been introduced. It would raise the age of legal possession and use of e-cigarettes and tobacco products from 18 to 21.
Connecticut: Senate Bill 139 has been introduced. It would ban all flavours but for tobacco in electronic nicotine delivery systems and vapour products. It would also amend the definition of “electronic cigarette liquid” to include products with synthetic ingredients.
UK (Scotland): Trading Standards officers found a wide range of non-compliant single-use or disposable vaping devices on sale in Scotland between October and December 2021, the Chartered Trading Standards Institute (CTSI) reports. Following inspections, a total of 88,839 disposable devices were removed from sale as they were either not labelled correctly, did not contain sufficient classification, labelling and packaging (CLP) regulation information or had not been published by the Medicines and Healthcare Products Regulatory Agency (MHRA). Another 3,683 devices were seized as they had a capacity of over the legal limit of 2 ml.
Italy: The Chamber of Deputies has approved the text for the conversion into law of Decree-Law 228/2021, which aims to lower excise duties on e-cigarettes. If the bill is also approved by the Senate, the rates which applied in early 2021 will be restored from 1st April 2022: approximately €0.13 per ml for nicotine-containing e-liquids and €0.08 per ml for those without nicotine.
Bulgaria: Analysis by the Customs Agency uncovered the evasion of BGN 977,000 (€500,000) in customs duties and VAT on imports of disposable e-cigarettes between 2019 and 2021.
US: The Food and Drug Administration (FDA) issued on Thursday a new batch of warning letters to manufacturers and distributors of e-liquid products classed as “new tobacco products” without the required FDA marketing authorisation to remain on the market.
Italy: The Customs and Monopoly Agency (ADM) has updated the lists of notified nicotine-containing and nicotine-free e-cigarette products. The total number of notified vaping products now stands at 20,743.
West Virginia: Senate Bill 635 has been introduced, which would amend the Tobacco Products Excise Tax Act. It would change the definition of “electronic smoking devices” for the purposes of this Act, to include synthetic nicotine within its definition. It would further modify the definition of “other tobacco products” to include: nicotine-containing products (including synthetic nicotine products); and "electronic smoking devices". The bill would raise the tax on tobacco products other than cigarettes from 12% to 51% of the wholesale price, effective from 1st July 2022. The current tax on e-cigarette liquid would be repealed and thus substituted by this one.
Italy: The Budget Committee of the Chamber of Deputies approved two amendments (after making slight changes) to the conversion into law of Decree-Law 228/2021 presented by the Democratic Party and The League as part of an aim to decrease the excise duties on e-liquids. Should the amendments be approved by the Chamber of Deputies and subsequently by the Senate, the excise duty rates of the first semester of 2021 would be restored starting from 1st April 2022: approximately €0.13 per ml for nicotine-containing e-liquids and €0.08 per ml for those without nicotine.
France: Senator Laurence Cohen submitted a written parliamentary question to the Minister of Solidarity and Health asking how he intends to reduce the widespread use of e-cigarettes among teenagers in middle and high schools and raise awareness of vaping products.
Bosnia and Herzegovina: The Bill on the Control of Tobacco and Other Products for Smoking was not adopted on 17th February. The upper chamber of the parliament will move the discussion to another date. The bill regulates nicotine-containing e-cigarettes, proposes a ban on sales via vending machines and online, online advertising, and vaping in enclosed public places. Nicotine concentration is to be limited to 20 mg/ml and e-liquid refills to a maximum of 10 ml or cartridges of 2 ml.
China: The market administration of Changsha, a city of 8m people in Hunan province, has issued a notice alerting the public to last November’s national legislative changes. Tobacco operators and advertising agencies are reminded that it is illegal to advertise e-cigarettes online, in mass media, newspapers, radio or television. The notice says: “Advertisements promoting product names, trademarks, packaging, branding and similar features of electronic cigarettes must be immediately removed.”
Armenia: A technical regulation on the safety of nicotine-containing e-liquids came into force on 11th February. The regulation introduces certain product, labelling, storage and transportation requirements, as well as conformity assessment procedures. It sets a maximum nicotine content for e-liquids of 20 mg /ml.
Maryland: House Bill 1227 has been introduced. It would specify that a “tobacco product” includes certain products that are made of, derived from, or contain nicotine from any source, including synthetic nicotine.
Ireland: The Oireachtas (parliament) Health Committee is continuing its scrutiny of the Tobacco and Nicotine Inhaling Products Bill by hearing the concerns of stakeholders, press reports. This week the Irish Vape Vendors Association (UVVA) stressed to the committee the role of vaping products in smoking cessation and criticised the threat of a flavour ban, which some medical societies have said should be included in the bill.
EU: The European Parliament voted yesterday, 16th February, by 652 votes to 15, with 27 abstentions, in favour of adopting the Special Committee on Beating Cancer (BECA) report on Strengthening Europe in the fight against cancer. The report is of crucial importance, as it makes recommendations related to traditional and novel tobacco and related products that are likely to be considered by the European Commission in the upcoming revision of the Tobacco Excise Directive and the Tobacco Products Directive (TPD). Last-minute attempts by Socialist and Democrat MEPs to introduce amendments that would have made harsher the recommendations on novel tobacco and related products were rejected in favour of a final text that resembles what was agreed by the BECA in December.
Thailand: The government has approved a draft National Tobacco Control Plan for 2022-2027. Despite recent advocacy efforts towards legalising e-cigarettes and novel tobacco products, no such move is foreseen in the the plan. In January the Digital Economy and Society Ministry reportedly established a working group tasked with exploring possible legalisation of e-cigarettes.
Mongolia: The parliamentary Standing Committee on Social Policy has held a discussion on tobacco use and the legal environment. Committee chair M Oyunchimeg said that drafting of amendments to the Law on Tobacco Control, which will align national regulation with the World Health Organization Framework Convention on Tobacco Control (WHO FCTC) is under way and should be finalised by June. “It is necessary to discuss the issue of legalising e-cigarettes, banning domestic smoking, and improving the regulation of licences for production, export and import,” Oyunchimeg said. She announced that the Excise Tax Law would also be amended to prevent reduce risk factors. Health minister Ts Erdembileg said that between 2017 and 2019 the volume of e-cigarettes imported into Mongolia had increased 68-fold.
Italy: The Customs and Monopoly Agency (ADM) is to appeal against the ruling by the Regional Administrative Tribunal (TAR) of Lazio that overturned part of an ADM circular of March 2021 which ordered the disposal of all e-liquids without tax stamps from 1st January 2022, media reports.
Iceland: A bill amending Law 87/2018 on electronic cigarettes and refills to introduce a ban on e-cigarette flavourings “that may appeal to children” will be introduced to the Althingi (parliament) on 25th February.
