LATEST ALERTSUS - general: A cross-party group of 13 prominent US senators have written an open letter to Health and Human Services secretary Xavier Becerra, drawing his attention to “the repeated failures of the Food and Drug Administration (FDA) to regulate the tobacco and e-cigarette market”. The senators claim: “Some of the most popular e-cigarettes used by children today do not have market authorization but are on store shelves only because the FDA has granted a free pass and decided to exercise enforcement discretion.”
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Slovenia: The Ministry of Finance has told ECigIntelligence that approximately €1.83m was raised in tax revenue on nicotine-containing e-liquids in 2022, up from €120,000 the previous year. Revenue from nicotine-free e-liquids in 2022 was approximately €360,000, up from just €30,000 in 2021.
15th February 2023 - Europe |
EU: French MEP Anne-Sophie Pelletier last week submitted a parliamentary question asking the European Commission whether it plans to put forward the revision of the Tobacco Excise Directive (TED) before the end of its current term on 31st October 2024, saying: “There are fears that these successive postponements are due to interference by the tobacco industry.”
Spain: The Chamber of Deputies Health Committee has rejected by 19 votes to 16 a proposal from the centre-right People’s Party (PP) to study whether alternatives such as e-cigarettes might be useful in smoking cessation, press reports. While the Socialist Party argued that e-cigarettes bring some health risks, the left-wing Podemos has accused the PP of favouring “pharmaceutical lobbies”.
15th February 2023 - Czech Republic, Europe |
Czech Republic: The Ministry of Finance has told ECigIntelligence that the government is planning to revisit its tax policy with the forthcoming revision of the EU Tobacco Excise Directive, which could mean the introduction of excise duty on e-liquids. The updated Council Directive 2011/64/EU is expected to be presented in the first half of this year.
Russia: The State Duma Committee on Youth Policy is preparing a set of proposals to tackle e-cigarettes, according to its chairman, Artem Metelev. He said one of the proposals would be for age restrictions on the purchasing of vaping-related products.
Austria: The Austrian Association of Waste Management Companies has issued a statement calling for a ban on disposable e-cigarettes, which it calls “a dangerous environmental sin”. Association president Gabriele Jüly said: “Disposable e-cigarettes are a controversial throwaway product: they are expensive to produce, have a short life span and waste scarce raw materials. Education about the environmental and health risks for consumers is absolutely necessary and a sales ban is the only consequence.” A public survey by the association found 83% of 1,000 respondents backed a ban.
14th February 2023 - Europe, Switzerland |
Switzerland: The Great Council of the Canton of Ticino has approved an amendment of the Health Promotion and Health Coordination Act to ban the sale of e-cigarettes to under-18s and extend the ban on indoor smoking to e-cigarettes. Switzerland has no federal law restricting e-cig sales to minors, but some cantons, including Basel, Bern and Geneva, have imposed their own rules.
US - Vermont: A hearing in the Senate Committee on Health and Welfare has been scheduled for 22nd February on Senate Bill 18, which would ban flavoured tobacco products and e-liquids.
Russia: The lower chamber of the parliament, the State Duma, is discussing possible measures to regulate the sale of tobacco products, including the introduction of plain packaging for cigarettes, press reports. Deputy Biysultan Khamzayev of the governing United Russia party said packets of all brands would have to be in plain green, with the brand name only “in the mandatory size and font” and a health warning statement in accordance with the law. There was no mention in the debate of e-cigarette packaging.
France: The National Committee against Smoking (CNCT) has published the results of a study on new nicotine products conducted between 2020 and 2022, which show that 84.5% of tobacconists advertising vaping are illegal and 72% of vape shops fail to comply with advertising regulations. The CNCT also recommends that the French government bans non-tobacco flavours in order to make vaping products less attractive to youth.
13th February 2023 - Australasia, Australia |
Australia: Environmental associations are urging the authorities to take measures to counter the environmental damage caused by e-cigarettes, press reports. The president of Clean Up Australia, Pip Kiernan, said that the increase in the use of vaping products is producing “a new and serious environmental issue”. She also said there is an urgent need for a standardised process for the disposal of these products in order to fight pollution.
13th February 2023 - Colombia, South America |
Colombia: Discussions around the Vaping Products Bill started last week, press reports. The newly introduced bill aims to restrict minors' access to vaping products and limit their advertising and promotion. It also intends to impose labelling and packaging restrictions, such as health warnings. Asovape, the largest Colombian vaping association, has said that while the age restriction envisaged in the bill is necessary, respect should be shown for adults who decide to use these products as an alternative to cigarettes.
Israel: The Tax Authority has told ECigIntelligence that tomorrow, 14th February, the Knesset Finance Committee will discuss the tax on vaping products, as the current tax will expire tomorrow unless prolonged by the Committee. Currently, e-liquids are subject to an excise duty of 182% of the wholesale price, plus ILS5.51 ($1.50) per ml, though the total amount must not exceed ILS10.56 ($3) per ml; while disposable e-cigarettes are subject to a customs duty of 270% of the wholesale price, plus ILS8.16 ($2.32) per ml, as long as the total amount does not exceed ILS15.64 ($4.44) per ml.
13th February 2023 - Europe, United Kingdom |
UK: NGO Action on Smoking and Health (ASH) has called for a tax on disposable e-cigarettes. The organisation has recommended that an excise tax of £4 per disposable e-cigarette is implemented in the Budget on 15th March. Chief executive Deborah Arnott said: “They could easily be made less affordable in the March Budget with the introduction of a specific tax for single use disposable vapes. In one simple step this would reduce both child vaping and the vast quantities of single use vapes being thrown into landfill.”
Israel: A number of non-governmental public health organisations have sent a letter of protest to finance minister Bezalel Smotrich in response to his declared intention to reduce the tax on e-cigarettes. They argue that “harm reduction is a marketing tactic of the tobacco and nicotine industry to increase profits”, and that reducing the taxes on e-cigarettes will result in an “unprecedented smoking epidemic in Israel, especially among teenagers,” press reports.
13th February 2023 - Europe |
EU: As stated in our compliance calendar, after parts of it entered into force last year, most articles of "Council Directive (EU) 2020/262 laying down the general arrangements for excise duty (recast)" enter into force today. The directive deals with cross-border imports of tobacco products for personal use in the EU and establishes common rules. The necessity of this directive is related to the fact that "Council Directive 2008/118/EC (3) has been substantially amended several times. [and] Since further amendments are to be made, that Directive should be recast in the interests of clarity". Specifically, "Articles 1, 4, 5, Articles 7 to 11, Articles 13 to 15, Articles 18, 23, 24, Articles 30 to 32, Articles 47 to 53, Article 56 and Article 58 shall apply from 13th February 2023".
US - Ohio: The Cleveland City Council is considering a city-wide ban on the sale of flavoured tobacco products, including e-cigarettes and menthol tobacco. In December 2022, a bill to ban local governments from outlawing the sale of flavoured tobacco products was approved by both chambers of the Ohio General Assembly; however, governor Mike DeWine vetoed the measure. Cleveland has a population of around 360,000.
Denmark: In reference to the Danish Smoking Habits 2022 Report published by the Danish Health Authority, health minister Sophie Løhde said she is not averse to raising the price of nicotine products and that it is “particularly worrying that we actually see an increase in the number of children and young people who either smoke or use nicotine products such as snus or e-cigarettes,” press reports. Løhde added that she supports the idea of a smoke-free generation, and that “we will press the government to produce a prevention plan that focuses on smoking and where it is crucial to limit new and young smokers”.
13th February 2023 - Europe |
EU: The EU Commission has issued a call for a tender on the Single Framework Contract to Provide Services to Support the Assessment of Characterising Flavours in Tobacco Products. The estimated value of the project is €3m. Applications can be submitted until 11th April 2023. Heated tobacco is the latest tobacco category to have its flavours restricted at the EU level.
13th February 2023 - Europe, United Kingdom |
UK: Nottingham City Council has decided to award £75,000 of funding to commission a behavioural research campaign to help understand vaping and smoking behaviours of young people. The research should increase awareness among adolescents and parents about the health impact of vaping and help inform social marketing campaigns.
Italy: The Lazio Administrative Tribunal (TAR) has ruled on the legitimacy of the decree introducing retroactive notification fees for vapour products, after having suspended it in July 2022. The TAR annulled the decree as the Ministry of Health failed to justify the quantification of notification fees since it was not able to explain the costs of personnel employed in the actual task of registering the notified products.
US - Hawaii: Yesterday, House Bill 537 HD1 passed the second reading. The bill proposes a "tax equal based on the manufacturer's list price" for e-cigarettes, and broadens the retailer registration to include both retailers and wholesalers.
10th February 2023 - Asia, Philippines |
Philippines: During a Senate Sustainable Development Committee hearing, the executive director of the non-governmental Southeast Asia Tobacco Control Alliance urged for the minimum age for purchasing vaping products to be raised from 18 to 25, press reports. The Food and Drug Administration (FDA) supported the proposal. The executive director also suggested standardised packaging and tax increases for these products.
Estonia: Parliament's Social Committee will meet with industry members on 13th February to discuss the Tobacco Act Amendment Act 654 SE. The bill aims to repeal the ban on domestic long-distance sales, the prohibition of displaying devices at the point-of-sale, and the total ban on flavoured e-cigarettes by banning only sweet or soft drinks and confectionery flavours.
US - Vermont: House Bill H204 has been introduced, which would ban the sale of tobacco products, e-liquids, or tobacco substitutes in any flavour other than tobacco.
Russia: State Duma deputy Sultan Khamzaev has proposed banning tobacco product sales in fuel stations, media reports. Khamzaev addressed the appeal to the head of the Ministry of Health, Mikhail Murashko. Whether the proposed action would apply to the sale of vaping products is unclear.
Ireland: The Health Service Executive (HSE) is analysing claims, made by a British newspaper, that some Elfbar e-cigarettes may contain more than the legal level of nicotine, press reports. The trade association Vape Business Ireland said it was concerned about the possibility that non-compliant products were being sold in the country.
Germany: The Federal Office of Statistics has released figures showing that €42.5m was collected last year in taxes on the sale of 266,018 litres of e-liquids and e-liquid constituents. E-liquids, with or without nicotine, became taxable in Germany on 1st July 2022.
US - New York: Senate Bill S4399 has been introduced, which would ban all retailing of flavoured nicotine vapour products.
9th February 2023 - Europe, United Kingdom |
UK: Gateshead Council in the Northeast of England has called on residents to recycle disposable e-cigarettes at their nearest recycling centre or take them to the nearest large supermarket, which has a legal obligation to accept them for recycling.
9th February 2023 - Europe, United Kingdom |
UK: Swindon Borough Council has announced that it has joined other local authorities in calling for the government to bring forward a new Tobacco Control Plan for England. A letter coordinated by Action on Smoking and Health (ASH) and signed by councillors urges the health secretary Steve Barclay to adopt a ‘polluter pays’ levy on tobacco companies.
Germany: The Bundesrat Environment Committee will discuss Bavaria’s call for an EU-wide ban on disposable e-cigarettes on 16th February. The Environment Ministry of the state of Thuringia has also expressed a view, agreeing on the “attempt to tackle the problem of disposable e-cigarettes at EU level” but saying a ban on short-life batteries should only be considered if they do not meet the legal requirements for recyclability.
Israel: Prime minister Benjamin Netanyahu and finance minister Bezalel Smotrich are reportedly to discuss a possible cut in vaping tax. Smotrich is said to believe e-cigarettes should not be taxed comparably to more harmful combustible cigarettes. The budget is due to be delivered to the prime minister tomorrow and debated ten days later. It will be referred to the Knesset (parliament) by 23rd March, to be voted on by 29th May.
Egypt: Health ministry spokesman Hossam Abdel Ghaffar told a press conference that media companies were breaking the tobacco control law by indirectly advertising tobacco and portraying smoking as normal and culturally acceptable in TV dramas. He said he was also concerned about increasing advertising of e-cigarettes and heated tobacco. Akram Radwan, a member of the Health Committee, suggested banning TV from portraying the use of any tobacco product.
9th February 2023 - Europe, United Kingdom |
UK: Conservative MP Caroline Johnson yesterday presented a cross-party bill to prohibit the sale of disposable e-cigarettes. The bill will have a second reading on 24th March. A ban on disposables is also being considered in Scotland, where the government is reviewing evidence on their environmental impact.
Hungary: The Supervisory Authority for Regulatory Affairs has told ECigIntelligence that a total of 10,855,642 ml of e-liquid was sold in Hungary in 2022. This information is retrieved from the system to which every national tobacco shop must submit information on daily stock levels and turnover of all vaping products.
8th February 2023 - North America, United States |
US - general: Following the Reagan-Udall Foundation’s scathing report to FDA commissioner Robert Califf on the agency’s tobacco program, the American Vapor Manufacturers Association (AVA) said “FDA officials met with four organizations that are hostile to e-cigarettes as a tobacco harm reduction tool to discuss Reagan-Udall’s findings in the hours and days following its publication,” media reports. Those organisations were reportedly the Campaign for Tobacco-Free Kids, the American Heart Association, the American Lung Association, and the American Thoracic Society.
8th February 2023 - Europe, United Kingdom |
UK: Derby City Council has raised concerns over disposable e-cigarettes, naming a recycling centre where they can be taken, but saying “an even better choice is to invest in a reusable vape kit”. The council also committed to removing counterfeit and non-compliant products off the market and issued a warning about Trading Standards testing which found arsenic, lead and formaldehyde in counterfeit e-liquids.
Germany: The state parliament of Schleswig-Holstein has called on the state government to support the Bavarian government’s plea for a campaign to ban disposable cigarettes at federal and EU level. “Disposable e-cigarettes produce a lot of e-waste and are literally a fire hazard,” said the motion’s Social Democratic Party (SPD) sponsor, Sandra Redmann.
7th February 2023 - Asia, Philippines |
Philippines: In a speech to the Senate yesterday, senator Pia Cayetano of the conservative Nacionalista Party expressed alarm about “vape flavours and designs, which are...very attractive to our youth”. Senate president Juan Miguel Zubiri said the Senate would pass a resolution calling on the Department of Trade and Industry to enforce the law.
US - Virginia: House Bill 2296 and Senate Bill 1350, which would have imposed tax at $0.066 per ml on nicotine e-liquids in closed systems, and 20% of the wholesale price in open systems, have been substituted, with all reference to tax removed.
Russia: Alexei Kurinny, deputy chair of the State Duma Committee on Health Protection, has said he does not support a complete ban on e-cigarettes, arguing that it would send vapers back to smoking, media reports. Health minister Mikhail Murashko said last week that the ministry backed the initiative of State Duma speaker Vyacheslav Volodin to ban e-сigs.
Thailand: Education minister Treenuch Thienthong has called on all educational establishments to get tougher on vaping. “It is time for us to be strict, strict, and prevent the spread of e-cigarettes among children and young people,” she said.
Serbia: Speaking at a conference on cancer, health minister Danica Grujičić called for public support for a ban on smoking in enclosed public places. “The Ministry of Finance, which claims that the state makes money from cigarettes, must be pressured. The priority must be people’s health,” she said. Though she belongs to the same governing party as the finance minister, Sinisa Mali, Grujičić is the first health minister in several governments to speak about the need for a public smoking ban. She told the press today that a proposal had already been drawn up to ban smoking in hospitality premises, but that it has yet to be adopted by the government before it goes before the National Assembly. It is not yet clear whether or not the proposal – which has yet to be made public – will tackle vaping.
Egypt: The Tobacco Division of the Federation of Egyptian Industries is to hold a workshop with e-liquid importers in Cairo tomorrow to discuss strategies to combat illicit products, press reports.
US - New York: Governor Kathy Hochul has been criticised by state Democrats over the proposed statewide ban on tobacco and e-cigarette flavours, media reports. Critics say the proposed ban would be impractical to enforce and costly to state taxpayers. One said: “Small businesses in New York are at risk of being squeezed out by the proposed illegal tobacco regulations, which would only stimulate a larger underground market and encourage people to buy unregulated products.”
US - Texas: House Bill 1872 has been introduced, which would ban the sale or donation of e-cigarettes with any distinguishable taste or aroma other than that of tobacco or menthol.
7th February 2023 - South America, Suriname |
Suriname: The Ministry of Health has emphasised that e-cigarettes should not be used by adolescents, young adults or pregnant women, media reports. The Dutch-speaking republic of Suriname is the smallest sovereign state in South America, with a population of just over 600,000.
Hungary: The Ministry of Finance has told ECigIntelligence that approximately HUF0.5bn (€1.27m) was collected in tax on e-liquids in 2022, compared to HUF0.2bn (€500,000) in 2021 and HUF0.4bn (€1m) in 2020. E-liquids, regardless of their nicotine content, are currently taxed at HUF33 (€0.084) per ml.
