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While Washington remains deafeningly quiet on its plans to regulate e-cigarettes, individual U.S. states and lower levels of government are busy filling the legal void.
Introduction • The matrix of authority • State government regulation • Local government regulation • Regulation by quasi-governmental institutions • Regulatory trends • Appendix: state law – health and safety codes and consumer protection laws
Governments around the world are waking up to the potential of taxing e-cigarettes, according to a new report from ECigIntelligence.
Still unsure exactly who derailed his child-proofing legislation late last year, U.S. senator Bill Nelson is trying again to persuade Congress that it should mandate safety packaging for the liquid nicotine containers used to refill e-cigarettes.
United States: federal • United States: individual states • Italy • Portugal • South Korea • E-cigarettes and “sin tax”
The popularity of snus is likely to hamper e-cigarette growth in Nordic countries, according to a new report from ECigIntelligence.
The Italian e-cigarette market is in decline as vaper numbers drop, but a revised tax regime holds some promise for the future, according to a new report from ECigIntelligence.
A review of the top trends and stories from the year 2014 for the e-cigarette sector.
A U.S. stock market watchdog has warned investors to steer clear of scams involving shares in e-cigarette companies.
Market analysis • Market size • Consumption patterns • Pricing and spend • Sales, distribution and marketing • Raw materials and manufacturing • PMI and iQOS in Italy • Regulatory analysis • Introduction • Labelling and packaging • Age restrictions • Advertising and marketing • Tax • The EU Tobacco Products Directive (TPD)
Market analysis • Market size • Consumption patterns • Pricing and spend • Sales, distribution and marketing • Brands • Regulatory analysis • Australia: national regulation • Australia: the Therapeutic Goods Administration • Australia: personal imports • Australia: state and territory regulation • Australia: taxation • Australia: the future of e-cig regulation • New Zealand: national regulation • New Zealand: medical regulation • New Zealand: regulatory forecast • Appendix 1: importation into Australia • Appendix 2: New Zealand Medicines Act 1981
Members of the British parliament have launched an all-party parliamentary group (APPG) on e-cigarettes.
More than 16m children under the age of 17 are able to legally buy e-cigarettes in the U.S., according to calculations from the Centers for Disease Control and Prevention (CDC).
Market analysis • Market size • Market background • Consumption patterns • Pricing and spend • Sales, distribution and marketing • Raw materials and manufacturing • Snus • Regulatory analysis • Regulation in Denmark • Regulation in Finland • Regulation in Norway • Regulation in Sweden
E-cig retailers in Ireland would require licensing under proposed legislation which the government characterises as a first step toward meeting the requirements of the European Tobacco Products Directive (TPD).
The Indian state of Punjab has reiterated its ban on the manufacturing and sale of nicotine-containing e-cigarettes.
American e-liquid manufacturers face a significant rise in paperwork from the deeming regulations currently being finalised by the U.S. Food and Drug Administration (FDA), a consultancy has warned.
Introduction • The matrix of authority • State government regulation • Local government regulation • Regulation by quasi-governmental institutions • Regulatory trends • Appendix 1: state law and New York City law • Appendix 2: notable lawsuit – The Citizens Lobbying Against Smoker Harassment vs New York City
Some recent developments in the e-cig world will likely have an impact long after the more transient triumphs and tussles are forgotten.
The two largest countries in the world are preparing to launch strict anti-tobacco regulation which could open up huge markets for e-cigarettes or squash them at a hardly-developed stage.
Legislators in Canada’s most populous province are considering a comprehensive e-cig bill which would prohibit vaping in public enclosed spaces, limit in-store marketing, forbid sale to minors, and make flavour bans possible.
The U.S. cities of Minneapolis and Baltimore have joined the likes of Chicago, Los Angeles, New York and Philadelphia by banning the use of e-cigarettes in most indoor public places, while Boulder is considering an outdoor ban.
U.S. tobacco maker Reynolds American is preparing to test-market a heat-not-burn product which it hopes the regulator will approve as reduced-risk.
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
Public pressure has led to an about-face on e-liquid flavours by the Canadian province of Nova Scotia.
The British Standards Institution (BSI) has released a draft of its specification for the manufacture, testing and labelling of e-cigarettes, one of the first proposed comprehensive standards for vapour products in the world.
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.
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
The tempestuous relationship between New York City and e-cigarettes is continuing with the introduction of a bill that would ban flavoured e-cigs and e-liquids.
British plans for comprehensive legislation on e-cigarettes could be published as early as January 2015, according to a new report from ECigIntelligence.
India’s national health minister has called for an outright ban on e-cigarettes.
Current regulatory framework • French courts and their precedents • Recent French regulatory initiatives • Implementation of TPD article 20 • Trade and consumer associations, case law and regulation
The U.S. e-cigarette market is worth more than previously estimated, thanks in part to increased growth in sales of refillable tank systems, according to new research from ECigIntelligence.
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.
Regulatory control of advertising in the UK • Existing UK advertising restrictions • The New UK Rules • Non-statutory regulation of e-cigarette advertising in France • The two regimes: few similarities
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.
This week’s World Health Organization (WHO) conference on tobacco control looks likely to recommend that nations ban e-cigarette advertising.
Heavy-handed regulations for e-cigarettes • The DSHEA: a much lighter touch • Industry-friendly provisions for dietary supplements • Resisting tighter regulation for dietary supplements
An international group of NGOs has tried to identify middle ground between the die-hard opponents and supporters of e-cigarettes in the run-up to next week’s World Health Organization (WHO) meeting on regulating e-cigs.
Britain’s advertising standards-setters today published their new guidelines for e-cigarette ads, welcomed by the industry, imposing no unexpected restrictions, and allowing e-cigs to be shown in TV commercials for the first time.
A British e-cigarette maker has won the right to challenge the European Union’s Tobacco Products Directive (TPD) at the EU’s main court.
Contents: Market size • Form factors • Individual usage • Retail channel • Major Spanish retailers • Recent upheavals • Regulation • Introduction • 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
Paris and Las Vegas: ECigIntelligence director, Tim Phillips recently chaired the E-cig Vegas: Industry Conference discussion panels where experts debated the current business climate in the sector, the upcoming Food and Drug Administration (FDA) deeming regulations and the science surrounding e-cigarettes. At Vapexpo in Paris meanwhile, Nick Wenbourne, ECigIntelligence legal and regulatory director, discussed the EU’s » Continue Reading.
Current legal and regulatory framework • Legislation under consideration • Case law on medical/pharmaceutical status of e-cigs • Case law on e-cigs as tobacco products • Import restrictions • Public use and advertising restrictions • TPD implementation • Appendix: Primary lower court cases – medical/pharmaceutical status •
Appendix II: Primary lower court cases – tobacco equivalence • Appendix III: Potential e-cig restrictions
France’s health minister yesterday presented her long-awaited proposals on smoking and vaping to the cabinet, going easier on e-cigs than on tobacco but still introducing a public place ban and advertising restrictions.
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
The U.S. Centers for Disease Control and Prevention (CDC) has been asked to recommend e-cigarette bans in American workplaces.
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
The proposed regulations • FDA e-cigarette information requests • Analysis of SFATA submission • SFATA’s proposed alternative • Analysis of AEMSA submission and proposals • Analysis of Totally Wicked submission and proposals • Conclusions
The U.S. state of Missouri is to legally distinguish between e-cigarettes and tobacco products, following disagreement among law-makers which saw legislation passed, then vetoed, and finally reinstated.
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