Kenya’s Treasury Cabinet Secretary, Ukur Yatani, has proposed to change the excise tax on liquid nicotine to Sh70 ($0.60 cents) per milliliter in a bid to make it less accessible to users, including school children and the youth.
Vaping industry advocates warn the new proposals to raise excise tax on nicotine products will push safer alternatives for smokers out of reach and help the black market thrive, according to The Standard.
Campaign for Safer Alternatives (Casa), a lobby that aims for smoke-free environments in Africa, said the tax changes would result in higher prices of e-cigarettes and negatively impacting those who rely on them to help them stay off cigarettes.
“Doubling the tax on vapes and nicotine pouches is the opposite of a cash cow. If anything, it will drain more money from the Treasury by forcing vapers into the black market,” said Casa chairman Joseph Magero on the proposals contained in the Finance Bill.
“Already, Kenya’s sky-high vaping taxes have created a thriving black market for vape products, with many shops selling un-taxed vapes in broad daylight.”
He said the tax increase will also raise the healthcare costs for Kenya’s government by leaving vapers with no choice but to revert to smoking or using unregulated black market vapes.
The ban on menthol cigarettes is closer to becoming a reality. After years of discussion, the U.S. Food and Drug Administration has instituted a proposed rule to place a ban on menthol combustible cigarettes and flavored cigars. Whether the menthol ban will also cover next-generation tobacco products, such as e-cigarettes, has not yet been clarified.
“The authority to adopt tobacco product standards is one of the most powerful tools Congress gave the FDA and the actions we are proposing can help significantly reduce youth initiation and increase the chances that current smokers quit. It is clear that these efforts will help save lives,” said FDA Commissioner Robert M. Califf. “Through the rulemaking process, there’s an important opportunity for the public to make their voices heard and help shape the FDA’s ongoing efforts to improve public health.”
When finalized, the FDA states that the proposed menthol product standard will:
reduce the appeal of cigarettes, particularly to youth and young adults, decreasing the likelihood that nonusers who would otherwise experiment with menthol cigarettes would progress to regular smoking; and
improve the health and reduce the mortality risk of current menthol cigarette smokers by decreasing cigarette consumption and increasing the likelihood of cessation.
According to the FDA, the proposed product standards are based on clear science and evidence establishing the addictiveness and harm of the products. Many organizations were quick to condemn the regulatory agency for proposing the rule that is opposed by all major law enforcement, civil rights and criminal justice reform organizations. Opponents of the menthol ban say that banning menthol products will do nothing to reduce combustible cigarette smoking rates but will lead to an increase in people purchasing products on the black market.
“This misguided proposal will have disastrous impacts on public health and public safety. It will do nothing to reduce smoking rates and instead make the United States less safe.” said Tim Andrews, director of Consumer Issues for Americans for Tax Reform (ATR). “It is unfortunate that as violent crime rates rise across the country, the FDA chooses to divert valuable police resources to pursue an unnecessary ban on menthol products.”
Andrews argues that a menthol ban exposes “vulnerable members of minority communities to conflict with law enforcement, and their purchases could also fund sophisticated international criminal syndicates.” According to the U.S. Department of State, illicit tobacco’s links to funding terrorist organizations already present a “serious threat” to national security. “This policy would worsen the problem while also depriving state governments of excise revenue, putting state government programs at risk,” says Andrews.
Richard Marianos, a senior law enforcement consultant who has served more than 27 years at the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives and who is now a consultant and adjunct lecturer at Georgetown University, says that in many markets, such as Asia, companies are creating products to make mentholated cigarettes, because those types of products are not covered by the rule.
“They flavor packets you just slide into a pack of cigarettes. You buy your cigarettes, you put that in there and by the time you get home, the whole pack is mentholated. They also have these– it’s like a little Tic Tac box with a round, small, little mint … but what it does is you put it into the filter, shake, crush and now it’s a menthol cigarette,” said Marianos. “Are we eventually going to be asking border protection to now start looking for minty flavor packets or Tic Tac boxes when they have to concentrate on biological and nuclear threats? When you overlook public safety surrounding this matter, you’re creating an unhealthy situation, not just for smokers, but anybody who’s out there.”
Marianos says that a menthol ban will create a greater level of diversion and criminal activity with high-value targets overseas, it’ll bring more organized crime into the United States. It’ll also create a greater market for border countries to begin manufacturing menthol and bring it into the United States.
“There was one investigation in particular, I remember, where the individual said on a wire that once they banned menthol cigarettes in the United States, you can pave the roads in gold because of the boost in sales of black market and DIY menthol cigarettes,” he said. “Prohibition doesn’t work. Your quality of police work goes down; they can’t concentrate on violent crime as much and it creates a greater wedge between themselves and the community.”
Guy Bentley
Guy Bentley, director of Consumer Freedom Research for the Reason Foundation, said that similar bans have had minimal effects on tobacco consumption in other countries such as Canada and the U.K., adding that a menthol ban is likely to lead to more policing in minority communities, more incarceration, boost black market sales and undermine criminal justice reforms in the U.S.
Bentley explained that a recent study funded by the Norwegian Cancer Society in partnership with the Polish Health Ministry found that in Poland – the EU state with the largest pre-ban menthol share – found “mixed evidence” that the ban is working as intended.
Bentley argues the FDA and Biden administration should apply a harm reduction model, educating the public about safer alternatives to conventional cigarettes and the latest smoking cessation options. Andrews concurs with Bentley, adding that the proposed rulemaking will inevitably lead to further growth of illicit markets, put members of minority communities in danger and divert law enforcement resources away from real crime.
“It ignores best practice expert recommendations on how to reduce smoking rates through proven harm reduction technologies, is a disaster for public health, and will make all Americans less safe,” Andrews said. “If the Biden Administration truly cared about the American people, they would junk this anti-science and genuinely harmful proposal immediately.”
Beginning May 4, 2022, the public can provide comments on these proposed rules, which the FDA will review as it considers future action. The agency also will convene public listening sessions on June 13 and June 15 to expand direct engagement with the public, including affected communities.
The public will have the opportunity to submit either electronic or written comments directly to the dockets on the proposed rules through July 5, 2022. Once all the comments have been reviewed and considered, the FDA will decide whether to issue final product standards.
The FDA also states that it cannot and will not enforce against individual consumers for possession or use of menthol cigarettes or flavored cigars. If the proposed rules are finalized and implemented, FDA enforcement will only address manufacturers, distributors, wholesalers, importers and retailers who violate the rules.
A new study claims that those using e-cigarettes to quit smoking found them to be less helpful than more traditional smoking cessations aids such as patches and gum.
The study, published Monday in the journal BMJ, analyzed the latest 2017 to 2019 data from the Population Assessment of Tobacco and Health (PATH) Study, which follows tobacco use among Americans over time.
“This is the first time we found e-cigarettes to be less popular than FDA-approved pharmaceutical aids, such as medications or the use of patches, gum, or lozenges,” said John Pierce, the director for population sciences at the Moores Cancer Center at the University of California, San Diego, according to CNN.
A three-month randomized trial in the United Kingdom, published in 2019, found e-cigarettes, along with behavioral interventions, did help smokers quit tobacco cigarettes. In guidance published in late 2021, the UK National Institute for Health and Care Excellence decided to recommend that smokers use e-cigarettes to help them quit.
Another recent study, published in JAMA Network Open, found adult smokers with no plans to quit are more likely to stop smoking if they switch to daily vaping, according to new research led by Roswell Park Comprehensive Cancer Center.
The Roswell Park study also used data collected from 2014 to 2019 as part of the PATH study.
Using a new ultra-slim bionic film ceramic coil, the FEELM Air represent a considerable improvement over previous closed-system devices.
By Timothy S. Donahue
The vaping industry won’t reach its full potential until its products can deliver nicotine to the body as effectively as a combustible cigarette. The new FEELM Air fully integrated vaping solution brings the industry one step closer to that goal. The FEELM Air offers several improvements on previous closed system vaping devices, including the next generation of FEELM’s industry-leading ceramic coils.
FEELM Air brings together three new innovations for its ultra-slim bionic film (USBF) ceramic coil, calling the new coil the world’s thinnest ceramic coil vape pod solution. During a launch event in London on Jan. 18, representatives of FEELM and the flagship atomization technology brand’s parent, Smoore International, detailed several of FEELM Air’s technological breakthroughs in the vaping experience, including ultimate design, reliability, flavor and an exceptional interactive experience.
There are three major improvements to FEELM’s latest coil technology that are the cumulative achievements of a team of 500 scientists and nearly seven years of research, according to FEELM. “FEELM Air is the outcome of cross-disciplinary research and a revolution to [the] ceramic coil,” said Frank Han, president of FEELM, at the opening remark of the launch event. “It replaces the single-layer film with a seven-layer bionic ultra-slim film. The thickness of the film is reduced from 80 micrometers to 2 micrometers, which is 40 times thinner than the last generation.”
The overall improvements of FEELM Air are attributed to a new generation of USBF ceramic coils, which incorporate a seven-layer composite heating film made of bionic material for the first time in the vaping industry. FEELM representatives said that each layer leads to an equally enhanced functionality.
The second innovation in the USBF coil is its use of a nanoscale vacuumed film-forming technique to help the heating film distribute heat more evenly across the coil for accurate temperature distribution. The final innovation is a microporous bionic structure that provides smooth ventilation as well as a strong e-liquid locking layer to prevent any leakage.
Additional improvements to FEELM’s USBF coil allow the overall FEELM Air to bring major breakthroughs to the vaping experience, including an integrated micro-electromechanical system (MEMS), the industry’s highest level of energy efficiency and its smallest linear motor, according to FEELM.
“It has the world’s first seven-layer composite heating film made of bionic material. Most of the existing ceramic coils are single layered, and now we have a seven-layered composite heating film,” a FEELM representative explained. “It can improve the harm reduction and improve the energy efficiencies, and each layer will lead to a corresponding functionality improvement.”
FEELM Air improves the overall harm reduction performance by 80 percent of previous generation ceramic coils. The numerous major breakthroughs the new device provides include:
The hybrid composites heating layer and the nanoscale protection layer provide corrosion resistance, thereby reducing the emission of heavy metals by 78.6 percent. The temperature control layer with its thermal conductivity can reduce the emission of aldehydes and ketones by 80.7 percent due to localized overheating.
In terms of energy optimization, FEELM Air boasts the world’s highest energy efficiency of 1.3 mg/W by virtue of three layers of composite materials. The nano silver electro layer can reduce invalid energy consumption while the porous thermal resistance layer can effectively reduce heat loss.
The patented microporous flavor lock layer improves average flavor release by 33 percent. It’s terraced temperature zone and multilayered atomization allow for a tailored flavor release in different temperature zones and produces aerosols in smaller particle size for consumers to taste the flavor thoroughly and allow for a lower lung absorption than previous generation coils.
FEELM Air also uses a second generation of the company’s “puzzle leak-proof” technology that decreases leakage rates by 237 percent. It introduces an upgraded capillary structure and an innovative choke valve to prevent condensation alongside a superabsorbent lock layer that can effectively prevent e-liquid splashing.
The innovative FEELM Air also uses the world’s smallest linear motor, which offers a unique shock-wave mode that allows users to include delicate vibrations that allow consumers to feel the resonance in every puff. The power consumption of vibrations per charge is as low as 0.06 percent (equal to two puffs).
The FEELM Air also has the industry’s first superpower management system, TOPOWER, which allows for eight hours of vaping with only a 10 minute charge. The energy density is increased by 20 percent, and the battery life is increased by 30 percent over previous generations, according to FEELM. The device also adopts an integrated MEMS, which functions as a reliable airflow switch, to improve the sensitivity of the device while preventing mis-activation.
“Ever since the launch of the world’s first black ceramic atomization coil with metallic film in 2016, FEELM has changed the whole competitive landscape, ushering in a new era of ceramic coil. It has largely enhanced harm reduction with accurate heating temperature control and revolutionized vaping experience with smooth and pure taste till the last puff,” said Han. “More importantly, FEELM has effectively addressed the industry’s pain points of leakage and dry hits.”
To keep up with the enhanced vaping experience the FEELM Air provides vapers, the company announced the launch of its second generation of the FEELM taste evaluation model during the FEELM Air launch event. To better understand taste experiences while vaping, FEELM introduced its first taste evaluation model in December 2020 that gave FEELM researchers the ability to describe the taste of atomization scientifically. Composed of four dimensions—flavor, strength, note and vapor—and 51 specific indexes, the model establishes a system to evaluate the human senses of mouth, tongue, nose and throat.
“Now, it’s five dimensions and 65 indexes. It’s more complicated in evaluating aroma, aftertaste, taste/mouthfeel, impact and vapor property. We built up an in-house sensory evaluation team. We have experts with certain backgrounds in tobacco science and vaping taste evaluations,” a FEELM representative said. “The team’s experience in the science of evaluating flavors ranges from five years to 13 years. They are the experts in evaluating vape ingredients.”
During the event, Han also announced a brand refresh for FEELM. The new brand concept is composed of five words: feel, engine, exploration, lifestyle and memory, echoing the five letters of the brand’s name. He has also unveiled the new logo, which has the contour of a ceramic coil in the shape of a window. It symbolizes “FEELM’s ‘window to ultimate sensation,’” said Han. “The ‘open window’ stands for the infinite pursuit of a better sensory experience, representing FEELM’s commitment to ultimate sensation.”
The FEELM Air may be the bridging device that brings vaping magnitudes closer to the nicotine delivery and sensory experience combustible cigarette smoking offers, only in a format that Public Health England has said is 95 percent safer. It’s too early to tell, but the FEELM Air may motivate an even greater number of cigarette smokers to switch to vaping than previous devices.
“Vaping devices loaded with FEELM atomizers have been exported to over 50 countries in Europe, America, East Asia, Africa and Oceania with an accumulated sales volume of over 3 billion pieces,” Han said. “FEELM has never stopped the constant exploration for ultimate sensation. By virtue of FEELM Air, equipped with the ultra-slim bionic film ceramic coil, FEELM is ready to drive another paradigm shift in the global vaping industry, leading the second sensory revolution of ultra-slim devices and ceramic coils.”
Timothy Donahue is the assistant editor
of Tobacco Reporter. Since joining our team in
January 2013, he has become not only an
expert on the traditional tobacco business but
also a well-respected voice in the rapidly developing
vapor industry. Tim spends much of his time on the
road, attending conferences and interviewing industry representatives.
His networking skills, work ethic and quick mind
are valuable assets to our diverse audience.
The first industry trade show of the year opened its doors yesterday in Las Vegas. The Tobacco Plus Expo (TPE) runs from Jan. 26-28 and brings together representatives from several segments of the vapor, tobacco and alternative product industries. The number of exhibitors this year increased significantly compared to last year’s show, which was held in May after being postponed for four months, rising to 425 exhibitors compared to 350 in 2021.
Attendance for the first day of the show was an estimated 4,000 visitors, according to a TPE representative. That’s a nearly 30 percent increase from opening day for last year’s event which drew an estimated 2,500 to 3,000 visitors. The show didn’t “feel” like there were that many attendees, however, it’s such a large floorplan it would be impossible to guess an estimate.
There was a noticeable reduction in the number of nicotine vaping companies showing on the floor. The impact of premarket tobacco product applications (PMTAs) and PACT Act regulation was evident. There were only an estimated 12–14 e-liquid vendors, including Coastal Clouds, BLVK E-liquid, Bantam, Pacha Mama and Ripe Vapes. There were eight to 10 hardware manufacturers, including Mi-One Brands, Myle, First Union and Vaporesso, and most of the manufacturers produced their own brands.
There were also a few e-liquid brands selling products that have already received a marketing denial order (MDO) from the FDA. One company told Vapor Voice that there really isn’t much enforcement and getting warning letters is the only thing that has happened to them.
There were, however, a very large number of disposable synthetic nicotine brands. One new brand at the show, Hook’d – with its tagline “one puff and you’re Hook’d” – seemed to take taunting the U.S. Food and Drug Administration to another level according to Kim, a show attendee who asked not to use her last name. “Why would you put a brand out there like that,” she said. “It’s just disappointing.” A person working the Hook’d booth, when asked why the Hook’d name, told Vapor Voice the name was “just catchy.”
Next year’s TPE is scheduled to take place Feb. 22-24, 2023. While most likely not an issue for vapor and alternative industry representatives, the TPE’s cigar segment may find itself split in several directions. Not only is that week traditionally when Procigar, the Dominican Republic’s cigar festival, takes place, it also may be competing against the Festival del Habano—Cuba’s cigar festival— that typically takes place in late February (traditionally the week after Procigar).
In 2019, both festivals took place during the same week and were scheduled to take place the same week in 2022 before the Habanos festival was cancelled due to Covid concerns. Neither Procigar nor the Festival del Habano has announced dates for 2023.
Malaysian Health Minister Khairy Jamaluddin wants to ban smoking for the next generation of Malaysians, according to reports by Lowyat and Code Blue. The plan comes in the wake of New Zealand’s announcement that it would prohibit the sale of cigarettes to anyone born after 2008.
Jamaluddin plans to table a new Tobacco and Smoking Control Act at the upcoming Parliament meeting from Feb. 28 to March 24, which will replace the current tobacco product control legislation under the Food Act 1983.
The bill will also regulate e-cigarettes and vape products, according to Jamaluddin, who called the bill a “generation endgame.”
“For too long, our healthcare system has been burdened with healthcare issues resulting from smoking,” said Jamaluddin. “This allocation will enable smoking to be phased out in stages until one day in [the] future, Malaysia will be a smoke-free country.”
A date for the proposed legislation has not been specified nor has a cutoff year of birth for the cohort smoking ban.
Corporacion Habano has redesigned its website with the input from distributors and cigar aficionados. The new website allows users to easily find information about brands, events and new developments. The site’s popular authenticity check function has been improved.
The site also features a section that allows aficionados to easily locate places where Habanos cigars can be purchased or smoked.
“Habanos has opted for a much more visual style, faithful to its elegant and exquisite essence, trying the Habanos aficionados to find everything they need and enjoy browsing and learning more about the rich culture surrounding this exclusive product,” said Habanos Deputy Director of Operational Marketing Alex Fernandez Blanco Barrero.
A global leader in the commercialization of premium cigars, Corporacion Habano has an exclusive distribution network spread over five continents and more than 150 countries.
Respira Technologies has created a scientific advisory board and appointed Jasjit S. Ahluwalia as its chair.
According to Respira, the scientific advisory board plans to strengthen the company’s connection to the constantly evolving body of scientific evidence on the issues of tobacco use, harm reduction, nicotine and smoking cessation being generated by public health to guide the development of its technology and pipeline for current and future new drug applications.
“As a biotechnology company whose goal is to end the death and disease caused by smoking through the development of a breakthrough smoking cessation therapy, we must be guided by and have a deep understanding of the constantly evolving data and science generated by public health on issues important to our business,” said Respira Technologies CEO Mario Danek in a statement.
“We are thrilled to name Dr. Ahluwalia as chair and the founding member of our scientific advisory board. He represents one of the best and brightest scientific minds with decades of experience in studying nicotine addiction and cessation. Having guidance and perspective from the most distinguished researchers in this space will be critical to Respira achieving its goal of contributing to eliminating preventable morbidity and mortality and achieving health equity.”
Ahluwalia is a leader in academic research and public health focused on studying tobacco use, nicotine addiction and smoking cessation. He is a physician and public health scientist at Brown University.
Through his research, he has also investigated issues of health disparities and minority health broadly across multiple areas of substance use, cancer prevention and public health.
At Brown University, he is a professor, associate director of the Legoretta Cancer Center and deputy director of the Center for Addiction and Disease Risk Exacerbation, a NIH-funded Center of Biomedical Research Excellence. Ahluwalia’s work has generated over 350 publications in leading scientific journals, and he has received over $100 million in research funding as a principal and co-investigator.
As chair of Respira’s Scientific Advisory Board, Ahluwalia will be engaged in the company’s scientific strategy, development of clinical research and leading engagement within the nicotine, addiction and cessation public health community. His broad healthcare research background will guide Respira’s current application and inform the company’s development pipeline to expand application of its proprietary drug delivery platform across a diverse spectrum of indications and patient populations.
“I have dedicated the last 30 years of my career to understanding nicotine addiction, cessation and the complex issues they create in our society, especially among ethnic minority and other vulnerable populations,” said Ahluwalia. “Respira has the potential to create a very significant impact on this important public health crisis. I am thrilled to be leading Respira’s scientific advisory board and look forward to assisting the company in its efforts to improve the lives of hundreds of millions of smokers looking to quit around the world.”
Respira Technologies is preparing to submit an investigative new drug application to the U.S. Food and Drug Administration in 2022, which will allow the company to begin human clinical studies. The company is pursuing a prescription designation for its portable handheld combination drug device for the indication of smoking cessation therapy.
22nd Century Group plans to launch its VLN reduced-nicotine cigarettes in a major U.S. metropolitan market by March 2022. The debut will be followed by a nationwide launch.
On Dec. 23, 2021, the U.S. Food and Drug Administration authorized 22nd Century Group’s VLN King and VLN Menthol King as the first reduced-nicotine content cigarettes under the agency’s modified-risk tobacco product designation. Scientific studies show the company’s VLN reduced-nicotine content cigarettes “help you smoke less.”
“The FDA’s MRTP authorization of VLN ushered in a new reality—a combustible cigarette carrying an authorized harm reduction claim supported by extensive scientific and clinical studies, most of which were funded by federal health agencies,” said James A. Mish, CEO of 22nd Century, in a statement.
“VLN is the only reduced harm product of its kind, and we are confident based on the research that it can absolutely be successful on its own or in combination with other harm reduction products. With an estimated 1,300 deaths per day associated with U.S. smoking, our products that can help people smoke less offer a truly game-changing prospect for millions of American adults who currently smoke.”
During the pilot phase, 22nd Century Group will test and optimize its marketing mix. The pilot will help the company better understand how adult smokers will use this product prior to advancing to national distribution, providing an unmatched tool for helping adult smokers find an off-ramp from nicotine addiction.
“22nd Century has secured a well-known national retail partner for VLN’s pilot market launch phase,” said Mish. “We intend to deploy and test a wide array of marketing materials aimed at adult smokers looking for ways to help them smoke less. These will include marketing at the point of sale, direct materials sent to self-identified adult smokers interested in VLN and online resources, such as our new product site at tryvln.com.”
While 22nd Century owns or controls the intellectual property that makes VLN tobacco possible, the company has reiterated its willingness and expectation to license the technology to strategic partners.
The U.S. Patent Trial and Appeal Board (PTAB) has determined as unpatentable several claims by RAI Strategic Holdings relating to tobacco-heating technology, reports The Winston-Salem Journal.
According to federal law, a claim is unpatentable if “the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains.”
The board’s rulings are the latest developments involving several patent infringement lawsuits between RAI and Philip Morris International.
In November, the U.S. Trade Representative affirmed a legal victory by RAI’s parent company, British American Tobacco, against rival Philip Morris International and its U.S. partner, Philip Morris USA.
On Sept. 29, the U.S. International Trade Commission issued a final determination of a violation of the Tariff Act of 1930 by Philip Morris USA and Altria Client Services as it related to two BAT product patents.
Altria Group, parent of PM USA, asked trade representative Katherine Tai to overturn the ban. The U.S. Trade Representative’s office confirmed no action was taken by Tai.
As a result of the ITC ruling, PM USA is barred from importing PMI’s IQOS 2.4, IQOS 3 and IQOS 3 Duo heat-not-burn cigarette products into the United States.
PMI welcomed the PTAB ruling. “We are extremely pleased with the well-reasoned PTAB decisions, which further demonstrate the futility of RJR/BAT’s efforts to litigate this patent family,” a PMI spokesperson said.
Reynolds said in a statement that “we disagree with the decision finding (the ‘915’ ruling) invalid partially contradicting the International Trade Commission’s ruling, which was based on a highly developed evidentiary record, including a six-day trial with live witnesses.”
Reynolds said an ITC panel and the full commission “agreed with Reynolds’ position regarding the patent.”
PTAB decisions can be appealed for review to the U.S. Court of Appeals for the Federal Circuit, which Reynolds has indicated it will pursue.
Another option for Reynolds, according to the patent board’s ruling, is for Reynolds to amend its patents in dispute or request a reexamination of the challenged patent.
One new brand at the show, Hook’d – with its tagline “one puff and you’re Hook’d” – seemed to take taunting the U.S. Food and Drug Administration to another level according to Kim, a show attendee who asked not to use her last name. “Why would you put a brand out there like that,” she said. “It’s just disappointing.” A person working the Hook’d booth, when asked why the Hook’d name, told Vapor Voice the name was “just catchy.”
