LATEST ALERTSUK: Prime minister Rishi Sunak has told MPs that he recognises concern over the impact of disposable e-cigarettes on the environment and their appeal to children. He mentioned the ongoing call for evidence on youth vaping and added: “The Department for Environment, Food and Rural Affairs is looking actively at what changes in legislation might be needed to ensure that the vaping sector foots the bill for the collection and treatment of its used products.”
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Germany: The Federal Office of Consumer Protection and Food Safety (BVL) has updated the list of notified e-cigarette products, which now contains 315,432 vapour products. Only products notified at least six months ago are listed.
Israel: The Ministry of Health has issued a warning against the use of Librette e-cigarettes, following comments from the Committee for the Investigation of Public Deception. The ministry said advertising for the product misled consumers by claiming it cleansed the lungs and helped quit smoking.
Sweden: The Public Health Agency has updated a publicly available list of notified e-cigarettes and refill containers. There are 13,493 vapour products on the list.
Slovakia: A draft amendment to the Act on the Production, Labelling and Sale of Tobacco Products that would bring the regulation of nicotine-free e-cigarettes in line with that of nicotine-containing ones has been submitted to the National Council (parliament) and should be considered at a session beginning 2nd May, media reports. If adopted, the change could come into force in September.
Germany: Federal drug commissioner Burkhard Blienert has called for stricter rules on tobacco advertising, including e-cigarettes, after a survey of 1,383 people conducted by the Federal Drug Commission found that three-quarters supported a complete ban on tobacco advertising and sponsorship. “The over-presence of large-scale advertising for alcohol, for tobacco and e-cigarettes at kiosks and petrol stations, and for gambling on television, is a major problem for Germany’s consumer protection, youth and health policies,” Blienert said. “Politicians can’t ignore that any longer.”
Lithuania: The Department of Drug, Tobacco and Alcohol Control is inviting school pupils in grades 10-12 to enter a competition on the prevention of vaping. Classes are asked to prepare and submit a poster on the theme “You don’t need it” by 16th May, in time for World No Tobacco Day on 31st May.
24th April 2023 - North America, United States |
US - General: Altria Group Inc and Juul Labs Inc. are facing trial today in a lawsuit brought by San Francisco's public school district, on the basis of "fueling a teen vaping epidemic", Reuters reports.
Russia: A Federal Assembly announcement has proposed transferring the Ministry of Agriculture's and the Federal Taxation Service's powers to regulate the tobacco market to the Ministry of Finance. According to the Ministry of Finance, it will be empowered to develop state policy and regulation on the production and turnover of tobacco and nicotine-containing products. Additionally, the Federal Service for Alcohol Market Regulation (Rosalkogolregulirovanie) will be reorganised into the Federal Service for the Control of Alcohol and Tobacco Markets, which will be tasked with ensuring compliance with tobacco and nicotine-containing product licensing requirements.
Israel: Following the death of a 16-year-old, allegedly related to vaping, a parliamentary Special Committee for the Rights of the Child yesterday discussed e-cigarette control. While opposition members argued that the dangers of e-cigarettes far outweigh any potential benefits and called for a complete ban, members of the ruling coalition were less dogmatic. Limor Son Har-Melech of the far-right Otzma Yehudit party denied any link between vaping and death. Tali Gottlieb of the Likud party said there was no need for a ban but called for a campaign to intensify control over e-cigarettes, while fellow Likud member Eli Dellal proposed raising the purchasing age to 21.
US - Louisiana: House Bill 635 has been introduced, which would increase the tax rate on vaping products to 15% of the retail sales price.
20th April 2023 - Europe |
EU: Swedish MEP Sara Skyttedal has submitted a question to the European Commission asking whether it sees any conflict of interest in the awarding of the Single Framework Contract for Support Actions in the Field of Tobacco Control to the European Network for Smoking Prevention (ENSP). According to Skyttedal, “the ENSP lobbies the Commission on tobacco policy and advocates for a total ban on safer nicotine products”. She also asked how the Commission will ensure that a broad range of views is taken into account in its tobacco policy.
20th April 2023 - Europe, United Kingdom |
UK: Prime minister Rishi Sunak has criticised the vaping industry for designing ads and flavours that appeal to children. He said a “crack-down squad” was focused on enforcing the age restriction and highlighted the ongoing consultation on disposables, youth uptake and compliance.
Italy: The Market and Competition Authority (AGCM) has launched an investigation into British American Tobacco (BAT) and Amazon over alleged misleading advertising of the Glo Hyper X2 heated tobacco device. According to the AGCM, promotion for the device omitted information or provided misleading information about the health risks of using it. Authorities’ interpretation is that advertising of both heated tobacco devices and vaping devices is banned. Currently, it appears that the investigation is focused on a single product and is not part of a wider campaign against tobacco alternatives.
US - New York: Senate Bill S6395 has been introduced. The bill would prohibit the operation of any vending machine that dispenses tobacco products within 350 ft from a building that operates exclusively as a school or as a church, synagogue or other place of worship.
19th April 2023 - Canada, North America |
Canada - Quebec: The minister of health has enacted a regulation to amend the regulation under the Tobacco Control Act that introduces a ban on non-tobacco-flavoured e-liquids, a nicotine cap at 20 mg/ml, a capacity limit of 2 ml for tanks and 30 ml for refill containers, and further packaging restrictions. The regulation, which enters into force on 18th July 2023, also prohibits vapour products that resemble toys, jewellery, food, animals, or real or fictional characters, or that employ any other form, appearance or function that may be attractive to under-age consumers. As early as August 2020, the national director of public health published a report that recommended the introduction of a ban on flavoured vaping products and a 20 mg/ml nicotine cap. Anyone wishing to comment on the regulation is requested to submit written comments to the minister of health within the 45-day period.
19th April 2023 - Asia, South Korea |
South Korea: Deputy prime minister and minister of economy and finance Choo Kyung-ho said yesterday that e-cigarettes should be taxed at the same level as combustible cigarettes, press reports. E-cigarettes are currently treated as any other tobacco product, but are taxed differently.
India: A former Parliament member has published an academic paper concluding that the national ban on e-cigarettes ordered by the government in 2019 has been unsuccessful. Rajeev Gowda said the country should lift the ban and introduce strict regulation instead to counter the health risks associated with unregulated black-market vapour products.
Vietnam: Ngo Khai Hoan, deputy director of the Ministry of Industry and Trade, said during a seminar on the regulation of new generation tobacco products that a draft amendment to Decree 67/2013, regulating heated tobacco and e-cigarettes, is expected to be submitted to the government in the second quarter of 2023.
18th April 2023 - Europe |
EU: The independent European Ombudsman has found a lack of transparency in meetings between the European Commission and tobacco lobbyists, suggesting that it amounts to maladministration. The ombudsman was concerned about a failure to publish details of the Commission’s meetings with lobbyists, and a failure to keep minutes of all meetings that took place in 2020 and 2021. The Commission has been asked to respond to the preliminary findings by mid-July.
US - General: Juul Labs and its former investor Altria have reached a settlement with the state of Minnesota over Juul’s alleged deceptive marketing. Minnesota attorney general Keith Ellison said: “One of my goals in bringing this case was to send a message: we will not tolerate youth marketing of nicotine products in Minnesota. My office will continue to do its part to protect kids from getting hooked on these harmful products.” Juul has now settled with 48 states and territories, and the company’s priority remains securing authorisation of its premarket tobacco product applications (PMTAs).
17th April 2023 - North America, United States |
US - General: Truth Initiative has issued a statement on last week’s settlement between Juul and seven states: “By imposing stringent restrictions on the sales, marketing and distribution of Juul products, this settlement also represents the most comprehensive measures ever taken against the company to end the deceptive youth-targeted promotion of these highly addictive, flavoured nicotine products.”
Israel: The Ministry of Health has issued a warning against e-cigarettes following the death of a 16-year-old with a collapsed lung, which was allegedly caused by vaping. The ministry argued that e-cigarettes are being portrayed as fashionable and less harmful, but they contain toxic substances, including carcinogens, and nicotine, which is highly addictive and can cause attention and concentration disorders, anxiety, and sleep problems. It is worth mentioning that in February, finance minister Bezalel Smotrich signed an order to reduce the excise duty on e-liquids and disposable e-cigarettes, which may be revoked if not approved by the Knesset (parliament) Finance Committee within two weeks.
Algeria: During an oral question session in the parliament, member of parliament (MP) Abdelkader Qouri asked the minister of industry and pharmaceutical production, Ali Aoun, about the strategies the ministry would adopt to combat illicit products on the market, and called for an amendment to the current tobacco regime to facilitate the manufacture and import processes of tobacco products. Aoun emphasised the need to combat tobacco use and said there are no plans to change the current regime.
Denmark: Out of 200 e-cigarette and tobacco retailers, 104 failed to comply with new tax rules, according to inspections carried out by the Danish Tax Agency in January and February 2023. The agency seized 211 litres of nicotine-containing e-liquids, and each of the non-compliant retailers will be fined DKK10,000 (€1,340). As of 1st October 2022, nicotine-containing e-liquids are taxed DKK1.5 (€0.20) per ml for e-liquids with up to 12 mg/ml of nicotine and DKK2.5 (€0.34) per ml for e-liquids with more than 12 mg/ml of nicotine. Remaining stocks were allowed to be sold until 1st January 2023.
Bulgaria: The Ministry of Economy and Industry has notified a draft Law on Amendments and Supplements to the Tax-Insurance Procedural Code to the European Commission's TRIS database, which introduces a tax for non-nicotine e-cigarettes and increases the tax for nicotine-containing ones. Both products will be taxed at BGN0.30 (€0.15) per ml from 1st July 2023, BGN0.35 (€0.18) per ml from 1st January 2024, BGN0.40 (€0.20) per ml from 1st January 2025 and BGN0.45 (€0.23) per ml from 1st January 2026. The draft is open for public consultation until 16th April on the Ministry of Finance's website.
14th April 2023 - North America, United States |
US - General: Juul Labs has issued a statement regarding this week's settlement with seven states: "The terms of the agreement, like prior settlements, provide financial resources to further combat underage use and develop cessation programs and reflect our current business practices, which were implemented as part of our company-wide reset in the fall of 2019. Since then, underage use of JUUL products has declined by 95% based on the National Youth Tobacco Survey." It has settled with 47 states and territories so far, and its priority remains to secure authorisation of its premarket tobacco product applications (PMTAs).
Hungary: The government has notified a bill to the European Commission's TRIS database that would make nicotine-free refill containers subject to the EU common product notification system. The bill would also enable the government to, via a decree, require that nicotine-free refill bottles and cartridges carry a health warning.
14th April 2023 - Europe, Netherlands |
Netherlands: Yesterday, in a letter to the House of Representatives (lower chamber of parliament), the Ministry of Health, Wellbeing and Sports highlighted a number of reports on tobacco control. The National Institute for Health and Environment (RIVM) has drawn up an advisory list of prohibited substances in tobacco products and e-cigarettes on the basis of the EU Tobacco Products Directive (TPD) criteria and it is proposed to include the list in the Dutch tobacco legal framework. The letter also states that vaping products remain popular among young people and reminds that in order to discourage their use the flavour ban has been introduced, taking effect in October 2023.
US - Texas: House Bill 4481 is scheduled for a public hearing on Monday, 17th April. The bill would establish a directory of e-cigarettes and alternative nicotine products sold in Texas, and require manufacturers of all such products to certify annually that they agree to comply with the bill’s provisions.
13th April 2023 - Australasia, Australia |
Australia: The South Australia state government has proposed extending restrictions on vaping in outdoor public places, press reports. E-cigarette use would be prohibited on beaches, at public swimming pools, and within 10 m of schools and 5 m of shopping centres.
Russia: Bill 310882-8 on the state regulation of production and circulation of tobacco and nicotine-containing products has passed its first reading in the State Duma. The bill would introduce state licensing of production, storage, import and export of tobacco and nicotine-containing products, including raw materials. It would establish mandatory state registration of technological equipment used in the production of those products. And it is expected that the Federal Service for Regulation of the Alcohol Market (Rosalkogolregulirovanie) would be given authority over tobacco and nicotine-containing products. Amendments to the bill may be submitted by 11th May before the second reading.
12th April 2023 - Europe, Netherlands |
Netherlands: The Dutch Food and Consumer Product Safety Authority (NVWA) carried out an inspection at the weekend of 35 shops in The Hague, of which 23 were found to be selling e-cigarettes to minors without age verification. Owners of those shops now face fines ranging from €1,360 to €9,000.
Denmark: Health minister Sophie Løhde is planning to increase the tax on nicotine products, press reports. This comes after a study by the National Institute of Public Health at the University of Southern Denmark, which showed an increase in the use of nicotine and tobacco products among children and young people. According to the survey, 6.8% of children and adolescents in Denmark use e-cigarettes daily or occasionally. Løhde did not specify which products would be affected.
Russia: State Duma member Sultan Khamzaev, head of the Sober Russia project, has reportedly suggested to health minister Mikhail Murashko that purchases of tobacco and nicotine-containing products should be restricted to card payments only. He also suggested that banks and large retail chains should introduce an automatic block on bank cards issued to minors being used to buy such products.
12th April 2023 - Asia, United Arab Emirates |
United Arab Emirates (UAE): The National Rehabilitation Centre has warned against using e-cigarettes, saying that they stimulate addictive behaviour and harm health, and encourage non-smokers to use them in the belief that they are less harmful than traditional cigarettes.
Russia: Bill 332229-8, setting a minimum price for nicotine e-liquids and banning flavours and additives that increase nicotine addiction, has passed its first reading in the State Duma, the lower chamber of Parliament. The list of banned additives will be determined by executive regulation. The bill is highly likely to succeed, but before it goes to president Vladimir Putin to be signed, it must pass a second and third reading and be approved by the upper chamber, the Federal Council.
Spain: The Ministry of Health has launched a public consultation on an amendment to Decree 579/2017, which regulates e-cigarettes and tobacco products. It aims to address various aspects, including packaging and exposure to vaping products, and to regulate nicotine-free e-cigs. Ideas and proposals can be sent to prevenciondeltabaquismo@sanidad.gob.es until 24th April.
UK - England: The government today announced a new “swap to stop” scheme intended to lower the smoking rate to 5% or below. Smokers across England will be offered a free vaping starter kit, while pregnant women will receive financial incentives involving vouchers, alongside behavioural support. The government will also consult on cigarette pack inserts with positive messages and information to help people to quit smoking.
11th April 2023 - Europe, Netherlands |
Netherlands: The e-cigarette trade association Esigbond is taking the government to court in a bid to halt the ban on e-cig flavours due to come into force in October, press reports.
Ukraine: The Ministry of Finance has announced the government’s approval of changes to the regulation on excise tax stamps, increasing the stamp fees. The new fee for e-liquids is set at a rate of “about UAH0.16” (€0.004) per stamp, almost doubling the current fee of UAH0.091 (€0.0023). It is not yet clear when the new fees will take effect.
US - Maine: Bill LD 1558 has been introduced in the state Legislature, aiming to ban the sale of tobacco products in pharmacies and stores containing pharmacies. The definition of “tobacco products” in the section that would be amended by this bill includes e-cigarettes.
Vietnam: The Ministry of Health has proposed a ban on e-cigarettes and heated tobacco products over health concerns. According to the ministry, tobacco regulations and standards have not yet been adapted to these products. The Ministry of Trade and Industry was coordinating efforts in December to amend Decree 67/2013 on tobacco trading to regulate heated tobacco and e-cigarettes.
6th April 2023 - North America, United States |
US - Federal: A coalition of public health advocates and physicians – including the American Heart Association, the American Lung Association and the American Medical Association – have urged the full Fifth Circuit Court of Appeals to uphold the Food and Drug Administration (FDA)'s decision to reject Vapetasia's and Wages & White Lion Investments LLC's premarket tobacco product applications (PMTAs). In an amicus brief, the coalition claimed that the FDA's decision was not arbitrary and instead based on hoards of evidence of the dangers of their products to youth.
Malaysia: Following the recent exclusion of nicotine-containing e-liquids from the Poisons list, vaping manufacturers have been given until 30th April to register their activities with the Royal Malaysian Customs Department, press reports. The finance ministry said that registration could be done online, and has issued guidelines to that end.
6th April 2023 - Czech Republic, Europe |
Czech Republic: Yesterday, the government approved the 2023-2025 Addiction Policy Action Plan, setting topics that the country should prioritise in this period, media reports. The plan includes new taxation of addictive substances for more effective tax collection, and excise tax for e-cigarettes – which will be lower than for traditional cigarettes – will be introduced. Specific steps to fulfil the priority topics will be submitted to the Government Council for Policy Coordination in the Addiction Area by the end of June 2023. The plan itself has not yet been published.
US - Arkansas: House Bill 1725 has passed the House and been sent to the Senate. Among its provisions, it would establish safety inspections for child-resistant packaging of tobacco, vapour and alternative nicotine products, and e-liquids; ban advertising of vaping and alternative nicotine products; and establish a manufacturers directory.
Russia: According to an announcement by the State Duma, a new bill being prepared will introduce new restrictions on e-cigarette purchasing age, advertising and product display. As all those areas are already subject to regulation, it is not clear how far restrictions will be increased. The relevant committees are expected to finalise drafting of the bill by 11th April. Periodical tax increases are said to be under consideration too – though regulation already in place stipulates incremental increases until 2025.
