LATEST ALERTSThailand: 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.
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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.
Germany: The Bundesrat will vote on 3rd March on Bavaria’s initiative for a ban on disposable e-cigarettes. This follows the recommendation by the Bundesrat Environment and European Union Questions Committee that the federal government advocate an effective ban on the marketing of disposables at both national and EU level.
23rd February 2023 - Europe, United Kingdom |
UK: England’s chief medical officer Chris Whitty has said in a widely reported speech that he finds the marketing of e-cigarettes to children appalling and that it was clear some products are intended to appeal to kids. However, he also underlined the harm-reduction aspect of vaping, telling the parliamentary Health and Social Care Committee: “Everyone agrees, I think, that it is far safer for someone to vape than to smoke.”
23rd February 2023 - Europe, United Kingdom |
UK: Nottinghamshire Fire Service has warned of fire risks associated with the improper use and disposal of e-cigarettes. “We strongly recommend that people do not modify or tamper with any e-cigarette,” it said. “If the e-cigarette is rechargeable then make sure the correct charger is used. For single-use or disposable e-cigarettes, you must dispose of them in the correct manner so they don’t create a fire hazard at a waste collection site.”
Germany: Following Bavaria’s call for an EU-wide ban on disposable e-cigarettes, the Bundesrat has published a committee recommendation calling on the federal government to advocate an effective ban on the marketing of disposable e-cigarettes at both national and EU level.
US - Hawaii: The Senate Committee on Commerce and Consumer Protection has recommended that Senate Bill 1447 be passed with amendments. The bill would leave counties the right to regulate the sale of tobacco and e-cigarette products, as long as ordinances are not in direct conflict with state law or less stringent.
Vietnam: The Ministry of Finance is proposing an amendment to the Law on Special Consumption Tax to tax e-cigarettes and heated tobacco products. It notes in its draft explanatory note that the World Health Organization (WHO) recommends applying the same tax policy as for regular cigarettes, which are taxed in Vietnam at 75%. The draft is open for consultation and no deadline has been set. Heated tobacco is banned in Vietnam, while e-cigarettes are currently unregulated.
22nd February 2023 - Asia, Philippines |
Philippines: The Department of Health and Industry announced today that it was stepping up enforcement of regulations governing vaping, heated tobacco and other novel tobacco products. The department has issued violation notices to establishments selling non-compliant products with illegal markings or characters such as cartoons and youth influencers, and names suggesting flavours. Press reports that the agency confiscated over PHP860,000 ($15,600) worth of e-cigarettes and novel tobacco products.
India: Health secretary Rajesh Bhushan said yesterday that the central government is working on amending several laws regulating tobacco, namely the Cigarettes and Other Tobacco Products Act, the Food Safety and Standards Act, and the Drugs and Cosmetics Act, to cover new products, press reports.
Malaysia: Deputy finance minister Steven Sim said yesterday that tax on e-cigarette products can be implemented once the Ministry of Health has finished examining the legal issues around vaping, press reports. “There may be an announcement in the Budget,” Sim added.
Malaysia: Answering a parliamentary question, the health minister Zaliha Mustafa said yesterday that she intends soon to reintroduce the 2022 Tobacco and Smoking Control Bill, which would ban the sale of vaping products to anyone born after 1st January 2007, “so enforcement can begin in 2024”.
22nd February 2023 - Asia, Kazakhstan |
Kazakhstan: The Ministry of Health has drawn up a proposed decree on graphic warnings about the dangers of using heated tobacco products, e-cigarettes and e-liquids. The draft is open to public consultation until 3rd March.
22nd February 2023 - Czech Republic, Europe |
Czech Republic: Regular checks by regional public health officials in the city of Olomouc have seized “a significant number” of wrongly labelled disposable e-cigarettes containing more than the permitted dose of nicotine, media reports. Two fines of CZK8,000 (€335) were imposed on the sellers.
21st February 2023 - Europe |
EU: A public consultation on the EU Tobacco Products Directive (TPD) and Tobacco Advertising Directive (TAD) opened today and will run until 16th May. The second of three consultation stages, it comes after the call for evidence and will be followed by a targeted stakeholder consultation. Once the full consultation process is complete, the European Commission will produce its draft proposal for revised directives.
Thailand: Deputy prime minister Anutin Charnvirakul yesterday ordered police and customs to strictly enforce the law and block e-cigarettes from entering the country. The Health Promotion Fund Committee was tasked with carrying out campaigns to raise awareness about the harms of e-cigarettes and to prevent young people from vaping. In January, customs officers uncovered 45 cases of illegal imports of e-cigarettes worth around THB4.15m ($120,000).
Russia: The Ministry of Finance is planning to create a federal law enforcement agency that would be responsible for the tobacco and nicotine product markets, media reports. According to the ministry, the Federal Service for Alcohol Market Regulation (Rosalkogolregulirovanie) will be given the authority to regulate tobacco and nicotine products. The agency will also be tasked with ensuring compliance with the labelling and packaging rules for tobacco products. The proposed legislative initiative will be submitted to the State Duma (lower chamber of parliament) for consideration by late February or early March.
Pakistan: In response to the recent cigarette tax increase, the Sustainable Development Policy Institute (SDPI) – an independent non-profit organisation – has said that the government should impose high taxes on heated tobacco and e-cigarettes, reiterating that increasing the taxes will result in reduced consumption and will help to fight the black market, press reports. Last Tuesday, 14th February, the government increased the general sales tax of standard cigarettes to 18% and the excise duty on cigarettes from PKR6.5 ($0.025) to PKR16.5 ($0.063) per cigarette – an increase of 153% – according to a local report.
20th February 2023 - Asia, Saudi Arabia |
Saudi Arabia: The Zakat, Tax and Customs Authority tweeted on Saturday that the import of disposable e-cigarettes for personal use is limited to 25 disposables for each entry, with a maximum of 125 disposables every three months per person.
20th February 2023 - North America, United States |
US - federal: Congresswoman Sheila Cherfilus-McCormick has introduced the Disposable ENDS Product Enforcement Act of 2023, which she says will "close the loophole on disposable electronic nicotine delivery systems (ENDS) (i.e., disposable vapes) containing flavors specifically intended to entice our children into becoming hooked on nicotine for life". The bill would require the Food and Drug Administration (FDA) to update its enforcement guidance to prioritise enforcement against disposable ENDS products, including non-tobacco-derived nicotine products. The bill was referred to the House Committee on Energy and Commerce for review and consideration.
17th February 2023 - Europe, United Kingdom |
UK: When asked about the penalties for manufacturers who breach the rules, junior health secretary, Neil O'Brien, said that there are no current plans to increase the penalties set out in regulation 51 of the Tobacco and Related Products Regulations 2016.
17th February 2023 - Europe, United Kingdom |
UK - Scotland: The NGO Action on Smoking and Health (Ash) and several other organisations are urging the government to ban the manufacture and sale of disposable vapes in Scotland by 2024, increase awareness and enforcement of existing battery waste regulations and the WEEE (waste electrical and electronic equipment) regulations, and oblige businesses to report the number of vapes returned for recycling under the WEEE regulations. A cross-party bill to prohibit the sale of disposables has recently been submitted, and the government is currently reviewing the evidence on the environmental impact of single-use e-cigarettes.
17th February 2023 - Europe, United Kingdom |
UK: When asked about the non-compliant e-cigarette products from Elf Bar, junior health secretary, Neil O'Brien, said that the Department of Health and Social Care is working closely with the Medicines and Healthcare Products Regulatory Agency (MHRA) and Trading Standards to investigate the matter further.
US - New Mexico: House Bill 124 will be heard by the House Taxation & Revenue Committee next Monday, 20th February. This bill would change the definition of tobacco product to include all nicotine-containing products, whether it's tobacco-derived nicotine or synthetic nicotine. It would further eliminate the e-liquid tax and include all products within a single tobacco products tax, raising the tax from 25% to 31% of the wholesale price.
Israel: The Tax Authority has told ECigIntelligence that finance minister Bezalel Smotrich today signed a decree to lower the tax on vaping products. The decree sets excise duty on e-liquids and disposable e-cigarettes at 145% of the wholesale price, plus ILS4.64 ($1.30) per ml, up to a total limit of ILS8.90 ($2.50) per ml; the duty was previously 182% of the wholesale price, plus ILS5.51 ($1.50) per ml, with a minimum of ILS10.56 ($3) per ml. The order will be in effect until 16th February 2025, subject to approval by the Knesset Finance Committee within 60 days.
Thailand: A meeting of the Consumer Protection Committee yesterday concluded that the ban on e-cigarette sales should be maintained.
US - Texas: Senate Bill 920 has been introduced, which would ban the sale of cigarettes, e-cigarettes, and tobacco products with any flavour other than that of tobacco.
16th February 2023 - Europe |
EU: The European Commission today answered a parliamentary question submitted by Swedish MEP Sara Skyttedal on the inclusion of new nicotine products in the revision of the Tobacco Excise Directive (TED). Economy commissioner Paolo Gentiloni said the revision of the TED was “currently being finalised”, and that “it aims to ensure the proper functioning of the internal market, by adapting the rules to new developments and market trends while closing possible loopholes in the EU excise system”.
16th February 2023 - Europe |
EU: The European Commission today answered a parliamentary question submitted by Swedish MEP Johan Nissinen on the promotion of e-cigarettes and nicotine pouches to curb smoking. Health and food safety commissioner Stella Kyriakides said the Commission was currently evaluating the Tobacco Products Directive (TPD) and that “any scientific, technical and market developments concerning novel and emerging nicotine and tobacco products will be carefully considered, including experience from other jurisdictions”. She added: “The consumption of e-cigarettes is not limited to established smokers, with a high level of experimentation observed among young people.”
India: The national Ministry of Health has written to all state health ministries asking them to ensure compliance with the statutory e-cigarette ban, press reports. The letter expresses concern over the availability of e-cigarettes online and in convenience stores near schools, giving young people easy access to vaping products.
Egypt: The head of the Tobacco Division of the Federation of Egyptian Industries, Ibrahim El Imbabi, told a seminar on the controlling of nicotine product imports and exports that the division is currently working with the Tax Authority on creating a tariff and specific customs duty for disposable e-cigarettes, press reports. E-liquids are currently subject to a tax of EGP2 ($0.06) per ml and a health insurance charge amounting to 10% of the selling price.
Russia: The Ministry of Agriculture has drafted a bill, with the backing of the Ministry of Industry and Trade, to block websites selling tobacco and nicotine products. Online sales of e-cigarettes are prohibited by federal law. The ministry told media the bill would amend Federal Law 149-FZ on information technology.
