LATEST ALERTSUK: Though there are no immediate plans for a ban, the government is concerned by the increasing use of disposable vaping products, particularly by children, and their impact on the environment when they are thrown away, junior health minister Neil O’Brien said in reply to a parliamentary question. He said “a range of measures to address these issues” was being explored.
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US - Maine: Legislative Document (LD) 1215 and LD 1174 have been introduced. Both would ban the sale of all flavoured tobacco products, except for tobacco flavour. E-cigarettes would be included in the ban.
Taiwan: Amendments to tobacco legislation banning all types of e-cigarette and regulating heated tobacco products will come into force tomorrow. Heated tobacco products will have to undergo a health risk assessment before they can be sold in Taiwan. E-cigarette retailers risk fines of between TWD200,000 ($6,500) and TWD1m ($32,800), while anyone caught vaping could be fined TWD2,000 ($65) to TWD10,000 ($328).
21st March 2023 - Europe, United Kingdom |
UK: The government will unveil a set of proposals in the coming weeks aimed at realising the goal of a “Smokefree 2030” and responding to the recommendations in the Khan Review, according to junior health minister Neil O’Brien.
21st March 2023 - North America, United States |
US - federal: Senate majority leader Chuck Schumer is calling on the Food and Drug Administration (FDA) to investigate Elf Bar for allegedly skirting US advertising laws, press reports. New York Democrat Schumer says Elf Bar products are colourfully packaged to attract young people, and that flavours such as peach mango, cotton candy, and vanilla ice-cream are deliberately kid-friendly. Hе claims the company is using social media platforms TikTok and Instagram, and paying influencers to market e-cigarettes directly to children and teens. He said the FDA must use its “full authority and power to investigate and take actions against Elf Bar and be prepared to ban it from the market”.
21st March 2023 - Europe, United Kingdom |
UK: Lancashire Police and Trading Standards officers last week seized 1,024 counterfeit e-cigarettes and tobacco products in the town of Preston. Together they would have been worth around £7,000 if genuine.
Italy: The Council of Ministers has adopted a bill to delegate a tax reform to the government. Among other things, it aims to review the administrative procedures for the sales network for tobacco products, e-cigarettes and nicotine pouches. The bill should come before Parliament in May.
Egypt: The Customs Authority has released Circular No. 23/2023, clarifying that nicotine-free and nicotine-containing e-liquids are taxed at a rate of EGP2 ($0.06) per ml, plus a health insurance fee at a rate of 10% of the selling price, as explained in our report. The circular also explained that only Customs has the authority to determine the value of imported goods based on its inspections.
Bahrain: On 19th March, the minister of industry and commerce issued Decision No.26/2023, authorising the Ministry of Health to monitor the implementation of the Electronic Nicotine Products standards for a period of one year. Originally, Decision No.121/2021 mandated the Ministry of Health to monitor the implementation for six months.
Bulgaria: The Ministry of Finance has presented a draft Law on Amendments and Supplements to the Tax-Insurance Procedural Code, which introduces a tax for non-nicotine e-cigarettes and increases the tax for nicotine-containing ones. If approved, 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, when it will then be sent to the National Assembly.
20th March 2023 - Europe |
EU: EU environment ministers, particularly from Italy and Belgium, want more flexibility in implementing the Packaging and Packaging Waste Regulation, proposed by the European Commission in November last year, media reports. The regulation seeks to boost waste prevention and recycling by introducing new targets on reuse and mandatory deposit return schemes for used packaging, potentially affecting packaging requirements for tobacco and vaping products. During a debate held in the Environment Council last week, ministers from several EU countries disagreed with the choice of a regulation that would be directly applicable, instead preferring a directive that would allow more flexibility for implementation. The European Commission defended its proposal, specifying that the previous directive has failed to reduce waste. The aim of the debate was to provide political guidance, and we expect further debate before the Council reaches an agreement.
20th March 2023 - Europe, Netherlands |
Netherlands: After an inspection of 25 outlets in the Hague, the Dutch Food and Consumer Product Safety Authority (NVWA) found that the inspected points-of-sale did not comply with all the rules, violating the display ban that applies to tobacco and vapour products, among other things.
17th March 2023 - North America, United States |
US - General: The Food and Drug Administration (FDA) has issued marketing denial orders (MDOs) for two menthol e-cigarette products currently marketed by RJ Reynolds Vapor Company under the Vuse Solo brand. The currently marketed products include the Vuse Replacement Cartridge Menthol 4.8% G1 and the Vuse Replacement Cartridge Menthol 4.8% G2.
Thailand: A subcommittee on tobacco control, within the Public Health Committee of the House of Representatives, reportedly made a formal recommendation to the government to adopt the principle of harm reduction, lift the ban on e-cigarettes and regulate them in order to decrease smoking rates.
17th March 2023 - Europe, United Kingdom |
UK: Junior environment secretary, Rebecca Pow, said that the Environment Agency has not received any complaints on disposable vaping devices in the last five years.
Germany: In a meeting organised by the newspaper eGarage, German politicians from the current coalition government shared their thoughts on e-cigarette taxation and a disposable e-cig ban. The Free Democratic Party (FDP) representative, Gero Hocker, said that the party is, in principle, in favour of reducing the tax burden and he also considered a tax advantage for e-cigarettes compared with combustible tobacco. Spokespeople from the Social Democratic Party (SPD) and the FDP were in favour of the disposables ban. "We would welcome it if that is successful, but we are skeptical that it will happen fast enough", said Rita Hagl-Kehl SPD member of the Bundestag.
US - New York: The New York State Senate and New York State Assembly have rejected governor Kathy Hochul’s proposal to ban sales of flavoured tobacco products, which would have included menthol cigarettes, media reports. The proposal was first introduced in February as part of the governor’s 2023-2024 fiscal year budget. Hochul’s proposal was opposed by the State Assembly and State Senate, but both groups did agree to raise cigarette taxes from $4.35 to $5.35, making New York the state with the highest tax for cigarettes. The tax would also apply to heated tobacco products. A final budget deal is expected by 1st April.
US - California: A US federal judge has granted a motion to dismiss a lawsuit brought by RJ Reynold and other tobacco companies against California’s statewide ban on the sale of flavoured tobacco and vaping products. Judge Cathy Ann Bencivengo said: “SB 793 does not control the retail sales of these products in other states, nor does it control the ability of manufacturers in or outside of California to continue manufacturing flavored tobacco products. In fact, manufacturers are still permitted to manufacture flavored tobacco products in California.” Reynolds and others brought the suit after California’s voters approved the ban in a November referendum. They claimed the law violated both the federal Tobacco Control Act (TCA) and the commerce clause in the US Constitution.
16th March 2023 - Europe, United Kingdom |
UK: As announced in yesterday’s Spring Budget, all tobacco taxes, including on heated tobacco, have increased in line with the Retail Price Index (RPI) plus 2%.
16th March 2023 - Africa, South Africa |
South Africa: The Advertising Regulatory Board has added an appendix to its industry-owned Code of Advertising Practice to include vaping devices and e-liquids, both with and without nicotine. Among other things, it suggests advertisements should not be targeted at under-18s, should include a health warning, and should use the phrase “safer than” in comparison with combustible tobacco.
US - Nevada: Assembly Bill 294 has passed its first reading and been referred to the Committee on Health and Human Services. It would ban the sale of tobacco products and e-cigarettes with any flavour other than tobacco. It would also ban cigarette sales to anyone born after 31st December 2002; and bar the Nevada Department of Taxation from issuing a licence to any vending machine operator, manufacturer or wholesale dealer in cigarettes after 31st December 2028. It is unclear if these last measures would apply to e-cigarettes or heated tobacco products, since there is no definition of “cigarette” in the bill.
16th March 2023 - Europe, Switzerland |
Switzerland: National Council member Christophe Clivaz of the opposition Green Party has submitted a motion calling for a ban on disposable e-cigarettes. His motion, citing ecological harm and high risk of addiction, was supported by members of the government parties, the Swiss People’s Party (SVP), the Liberals (FDP), the Centre Party and the Social Democratic Party (SP).
Bulgaria: Finance minister Rositsa Velkova has announced that the 2023 Budget will include an increase in tax on e-cigarettes. The changes will be published tomorrow, 17th March, and a draft budget will be presented for public discussion on 3rd April before being submitted to the National Assembly.
16th March 2023 - Europe, Netherlands |
Netherlands: The House of Representatives has approved a motion calling on the government to introduce mandatory neutral appearance for e-cigarette devices themselves, not just their packaging, media reports. Also passed was a motion demanding a licensing requirement for tobacco sales outlets.
UK - Scotland: Glasgow City Council yesterday responded to the ongoing Scottish government review of the environmental impact of disposable e-cigarettes by calling for a ban on all disposables. The council said Glasgow’s Trading Standards regularly visit shops and warehouses to check businesses are complying with regulations and advise retailers on their responsibilities and that 13,000 non-compliant single-use vapes were seized in three months. In 2022, 63 such inspections were made, with seizures of non-compliant goods made from 51 stores. A cross-party bill to ban the sale of disposables was submitted to the UK Parliament last month.
15th March 2023 - Europe, United Kingdom |
UK: The Advertising Standards Authority (ASA) today published a decision against an advertisement for Riot e-liquid, which it said breached the Committees of Advertising Practice (CAP) Code. The ASA acted on two web pages advising smokers to quit in terms such as: “Cut your cigarette intake and use your Riot Bar whenever you aren’t able to smoke. Without realising, your cigarette intake will be next to nothing, or even better; non-existent. THE REST IS EASY.” The ASA said the ad undermined the message that quitting tobacco was the best option for health, and that Riot Labs had agreed to remove the disputed wording from its website.
15th March 2023 - Europe, United Kingdom |
UK: The government has no plans to ban vaping in public enclosed places, junior health minister Neil O’Brien told members of Parliament (MPs).
15th March 2023 - Europe |
EU: Answering questions from members of the European Parliament (MEPs) Johan Nissinen of the right-wing Sweden Democrats and Anne-Sophie Pelletier of the French Left on when the proposal reviewing the Tobacco Excise Directive (TED) would be presented, the European Commission stated that “the revision is currently being finalised”, and ”a planned adoption date will be indicated in due course”.
Finland: The Ministry of Finance has told ECigIntelligence that €2.1m was raised in tax revenue from e-liquids in 2020, €3.1m in 2021, and €2.7m in 2022. It said nicotine-free e-liquids accounted for very little, and confirmed that e-cigarette devices are not subject to excise tax.
US - Texas: House Bill 3022, which would ban the sale of single-use e-cigarettes, has passed its first reading and been referred to the Committee on Public Health.
Thailand: Following investigations into online advertisements, police seized more than 20,000 e-cigarettes, 80,000 refills and other accessories, worth a total of about THB80m ($2.3m), from two warehouses in Bangkok and Nakhon Pathom, central Thailand, press reports. The importing and selling of vaping products are illegal in Thailand.
14th March 2023 - Australasia, Australia |
Australia: Queensland state premier Annastacia Palaszczuk has announced a parliamentary inquiry into vaping to take place next week, media reports. It follows reports that primary school children are becoming addicted to e-cigarettes. Health minister Yvette D’Ath said the state health committee would examine how children are accessing vapes. She also said many vaping products were falsely labelled as nicotine-free. Nicotine vaping products can only be accessed in Australia with a prescription.
14th March 2023 - Europe, United Kingdom |
UK: There are no current plans to reduce nicotine levels in vapour products, junior health minister Neil O’Brien said in reply to a written parliamentary question.
Slovenia: The National Institute of Public Health has supported a Ministry of Health bill which seeks to ban the sale of vaping products with any flavour other than tobacco and to bring nicotine-free vaping products under the legal framework for tobacco. The institute also proposes limiting the number of sales points for vaping products.
Germany: Customs officers have seized 46 l of e-liquids and 40 counterfeit e-cigarettes in the Rhine-Neckar region of northwest Baden-Württemberg, on which a total of about €7,500 tax had gone unpaid. E-liquids have been taxed in Germany since 1st July 2022, and all old untaxed old stock should have been sold by 12th February 2023.
14th March 2023 - Australasia, New Zealand |
New Zealand: As shown in our compliance calendar, tomorrow (15th March) is the last day to submit comments on new proposals to address youth vaping. The proposals seek to tighten retail availability, reduce nicotine levels in disposable e-cigarettes, restrict flavour names, and add packaging requirements.
14th March 2023 - Europe, United Kingdom |
UK: Greater Manchester Police has announced the seizure of 18,000 “non-compliant vape products” in an ongoing enforcement operation.
13th March 2023 - Europe, United Kingdom |
UK: The Chartered Trading Standards Institute (CTSI) published a statement on e-cigarettes saying that CTSI and Trading Standards teams need urgent support and clear direction from the Department of Health and Social Care on non-compliant e-cigarettes and under-age sales. The announcement adds that, based on test purchasing, around one in three vape products may be non-compliant, and it asks manufacturers to publish batch numbers of non-compliant products so that retailers know what they should not be selling.
US - Texas: House Bill 4758 has been introduced. This bill would prohibit any e-cigarette container that "(1) depicts a cartoon-like fictional character that mimics a character primarily aimed at entertaining minors; (2) imitates or mimics trademarks or trade dress of products that are or have been primarily marketed to minors; (3) includes a symbol or celebrity image that is primarily used to market products to minors; or (4) resembles a food product, including candy or juice".
13th March 2023 - Europe, United Kingdom |
UK: When asked about the environmental impact of disposable e-cigarettes, the junior environment secretary, Rebecca Pow, said that disposable e-cig packaging could also be included under the reformed packaging extended producer responsibility regime. Review of the Waste Electrical and Electronic Equipment Regulations – which aims to increase levels of separate collection of electric and electronic waste, including vaping devices – is planned for later this year. There are no plans to ban the product.
Serbia: Health minister, Danica Grujičić, told local media that the proposal to amend the Law on the Protection of People from Smoke Exposure will ban both smoking and vaping inside hospitality premises. The proposal has not yet been published. No other changes to the tobacco framework, namely the Tobacco Law, that would regulate e-cigarettes and heated tobacco in other policy areas have been announced.
China: The Healthy China Action Promotion Committee instructed enforcement agencies to "severely crack down" on illegal underage and online sales. The State Tobacco Monopoly Administration is also planning to step up enforcement of the tobacco control rules, and increase oversight over production in order to ensure that only licensed manufacturers remain on the market.
10th March 2023 - Europe, United Kingdom |
UK: At yesterday's debate, the National No Smoking Day, MPs asked the health secretary exactly when the response to the Khan review will be published and whether a “polluter pays” charge will be imposed on the tobacco industry in the upcoming budget. Junior health secretary, Neil O'Brien, answered that a set of proposals to realise the smokefree 2030 ambition and to respond to the Khan review’s recommendations will be revealed in the coming weeks.
Russia: Yesterday, a bill on the state regulation of production and circulation of tobacco and nicotine-containing products was approved by the Russian government, and was sent to the State Duma (lower chamber of the parliament). The proposed bill would introduce, among other things, state licensing of production and storage, import and export of tobacco and nicotine-containing products, including raw materials. The bill would also establish mandatory state registration for the main technological equipment used for the production of these products. It is also expected that the Federal Service for Alcohol Market Regulation (Rosalkogolregulirovanie) would be given control over such products.
10th March 2023 - North America, United States |
US - Federal: The proposed rule "Requirements for Tobacco Product Manufacturing Practice" has been officially published. One of the reasons behind it, regarding e-liquids, is to prevent the manufacture of e-liquids "that contain nicotine concentration levels that vary from the labeled amount and vary from one ENDS [electronic nicotine delivery systems] product to another within the same brand". The rule refers to research and reports that demonstrate the variability in nicotine concentrations, inconsistent with the label information.
US - Texas: House Bill 4353 has been introduced. This bill would impose a tax on e-cigarettes and alternative nicotine products when a person makes a first sale, as follows: "on all e-cigarettes that use an e-cigarette pod, 5 cents per e-cigarette pod; on all e-cigarettes that do not use an e-cigarette pod, 5% of the wholesale cost price; and on alternative nicotine products, $1.23 per ounce." A further tax is imposed on the storage, use, or other consumption of e-cigarettes and alternative nicotine products – the rates would be the same as those of the first sale tax.
9th March 2023 - North America, United States |
US - General: Altria Group has asked the US Federal Trade Commission (FTC) to drop its 2020 challenge of the company's 2018 acquisition of a 35% share in Juul Labs, Reuters reports. In 2020, the FTC ruled that Altria's $12.8bn investment in Juul violated antitrust laws. The FTC found that by acquiring a position in Juul, Altria chose to exit the market for closed-system e-cigarettes rather than compete with Juul, which reduced competition and harmed consumers. “There is nothing left of the transaction to be challenged. Altria and JLI respectfully ask the commission to dismiss this matter as moot,” Altria Group and Juul Labs wrote in a filing to the FTC.
Vietnam: During the seminar on "Implementation of Laws and Policies to Prevent Tobacco Harms", Nguyen Ruhui, deputy director of the Education System Department of the Ministry of Education and Training, said that "the rate of e-cigarette use among Vietnamese teenagers is increasing rapidly". In particular, the e-cigarette usage rate in the 15-24 age group reached 7.3%. The seminar – in which experts and representatives from the Jiulong River Delta area discussed the implementation of tobacco prevention laws and policies – was held by the National Assembly Committee in An Giang Province on 8th March.
Russia: The government agenda for today includes a discussion on a proposal concerning the production, licensing and packaging requirements for tobacco and nicotine products. There are currently no specific notification and packaging restrictions for e-cigarettes. Detailed analysis will be provided following the publication of the proposal.
