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Policy and Politics

In depth: California e-cig regulation, November 2014

15th November 2014 - News analysis |

The matrix of authority • State government regulation • Local government regulation • Regulation by quasi-governmental institutions • Regulatory trends • Appendix 1: state law, consumer protection law and licensing law • Appendix 2: notable lawsuits – Smoking Everywhere and Sottera

Could Republicans’ triumph mean a gentler ride for e-cigs?

6th November 2014 - News analysis |

Republicans’ historic victory this week in taking the U.S. mid-term elections’ big prize – control of the Senate – could have a significant impact on the e-cigarette industry’s relationship with Congress, as power shifts to a party renowned for its traditional stance against what it considers burdensome regulations on business.

In depth: Canada regulatory and legal analysis, October 2014

4th November 2014 - Country market reports , Market reports |

The multi-layered regulatory framework • Tobacco regulation – the multi-layered model in action • No federal regulation of e-cigarettes • The role of Health Canada • Provincial regulation • Municipal regulation • Trade associations and industry standards • Appendix 1: provincial and territorial tobacco regulation in Canada • Appendix 2: market authorisation in Canada

In depth: e-cigs in the UK – market and regulatory analysis

26th October 2014 - Country market reports , Country regulatory reports , Market reports , Regulatory reports |

A comprehensive survey of the UK e-cigarette market and regulation, including: Market size: estimates and methodology; model assumptions; industry estimates • Consumption patterns: number of e-cigarette users in the UK; comparisons with usage data from outside UK; overview of usage data: “ever” users; tank usage; cigalike usage • Pricing and spend: online pricing; e-liquids; cigalikes; tank systems • Sales, distribution and marketing: online; offline; marketing; medical licensing for e-cigs • Brand ownership and M&A: different blends of acquisition and development; cigalikes • Raw materials and manufacturing • Current regulatory landscape • Advertising: regulatory control; advertising restrictions; the new CAP and BCAP rules; existing advertising restrictions; enforcement of advertising rules • TPD transposition: pre-transposition challenges to the TPD; transposition timeline; significant new rules for e-cigarettes: ECITA and the BSI e-cigarette standards; possible impacts of Totally Wicked’s challenge on article 20 and e-cigarette regulation; overview of ECITA proposal • Medical licensing: marketing authorisation costs for medically licensed e-cigarette product in the UK; manufacturer/import authorisation; pharmacovigilance; wholesale • Existing legislation governing manufacture, import and sale of e-cigarettes in the UK • TPD implementation: the process of implementing EU directives in the UK; the transposition process.

Good COP, bad COP? WHO FCTC urges ad ban, more research

19th October 2014 - News analysis |

The final recommendations of the World Health Organization (WHO) on e-cigarettes allow for a wide range of regulatory regimes but single out advertising as a prime candidate for controls, as expected, as well as hinting at the need for public place usage restrictions.

In depth: e-cigs in the U.S. – market and regulatory analysis

24th September 2014 - Country market reports , Country regulatory reports , Market reports , Regulatory reports |

A comprehensive survey of the U.S. e-cigarette market and regulation, including: Market size • Consumption patterns • Online pricing • Distribution • Raw material supply • E-cigarette usage surveys • Current U.S. e-cigarette regulation • The future of e-cigarette regulation in the United States • Potential challenges to the deeming regulations • Taxation of e-cigs • State and local government regulation case study – California • Public place restrictions by state and local governments • Challenging the deeming regulations – precedents • The FDA regulatory process • The role and influence of trade and consumer associations

In depth: Spain’s national regulations – and its next steps

22nd September 2014 - Country regulatory reports , Regulatory reports |

Regulatory landscape: from regional to uniform regulation • Current regulatory framework • Comparison with tobacco regulation • Public use restrictions • Age restrictions • Packaging and point-of-sale requirements • Advertising restrictions • Medical claims • Enforcement • Case law • The missing pieces from the TPD jigsaw • The decreto ley option

Updated: the WHO’s influence on global e-cig regulation

11th September 2014 - Regulatory reports , Topic regulatory reports |

What the FCTC is • A global treaty • Broad scope of regulation • The regulatory framework • The FCTC in practice • No enforcement powers • Enforcement by signatories • Self-reporting • Shadow reporting • Influence on European legislation • Promoting tobacco regulation in the developing world • What does the FCTC mean for e-cigarettes • Current status of e-cigs • Political will to regulate • Structural barriers • Non-binding, but influential • Exclusion of e-cig firms • Regulatory options in detail

In depth: how e-cig associations set standards, influence policy

3rd September 2014 - Market reports , Topic market reports |

France: influence on regulation and case law • France: influence on standards adoption • French and European associations’ influence on the TPD • UK: ECITA and the BSI e-cigarette standards • UK: developing manufacturing standards • French and British approaches compared • U.S.: industry self-regulation • U.S.: association regulatory and lobbying efforts