Author: Staff Writer

  • Non-Tobacco Nicotine Pouch Debuts in U.S.

    Non-Tobacco Nicotine Pouch Debuts in U.S.

    Photo: 20NE Labs

    The 2ONE Labs’ tobacco-free nicotine (TFN) white portion pouch is now available on the U.S. market.

    The product uses patented TFN nontobacco nicotine from Next Generation Labs and is the first 100 percent nontobacco-derived nicotine portion pouch available to consumers, according to 20NE Labs.

    2ONE products are immediately available to distributors, wholesalers and retailers in nine flavors: very berry, eucalyptus rush, glacier mint, chocolate dream, ginger mint, strawberry lemonade, citrus chill, mocha java and pineapple mango. Products are available in 3 mg and 6 mg strengths.

    2ONE cans contain 21 all-herbal TFN infused nicotine pouches meant for consumers aged 21 and over.

  • IQOS Rollout Slowed by Covid-19 Pandemic

    IQOS Rollout Slowed by Covid-19 Pandemic

    Bonnie Herzog

    Tobacco and vapor product analyst Bonnie Herzog of Goldman Sachs cites the Covid-19 pandemic as the main reason Philip Morris International (PMI) and Altria have slowed down the national launch of IQOS.

    In March, Philip Morris USA closed its Atlanta, Georgia, and Richmond, Virginia, IQOS stores temporarily, paused its IQOS inperson marketing efforts and delayed the launch of IQOS in Charlotte, North Carolina, due to Covid-19 concerns. While the U.S. Food and Drug Administration (FDA) granted modified-risk tobacco product (MRTP) status to IQOS in July, sales of IQOS have not been strong during the pandemic.

    “It has been more of a slow rollout and that has a lot to do with the fact that the technology that has been approved in the U.S. is older technology of IQOS,” said Herzog. “Philip Morris has applied to get approval of 3.0, but that’s still pending. We’re optimistic, assuming they can get approval from the FDA for that.” Herzog projects that by 2025, IQOS could account for as much as 12.2 percent of Altria’s volumes.”

  • Puff Bar Owner Sues Over Fake Products

    Puff Bar Owner Sues Over Fake Products

    Photo: DS Technology Licensing

    DS Technology Licensing, the owner of registered trademarks associated with the Puff Bar vapor device, and Puff Inc., an authorized U.S. distributor, has filed a lawsuit in Los Angeles County Superior Court against over 20 Chinese and American companies accused of distributing counterfeit vaping devices.

    The defendants include international manufacturer and distributor CACUQ, U.S. distributors, e-commerce companies, and brick-and-mortar retail stores. Plaintiffs are represented by the law firm of Gallinger Law.

    The lawsuit addresses both counterfeit Puff Bar vapor devices as well as knockoff products identified as Puff Smart, Puff Mini, Puff Stig and Airis Puff and seeks $50 million in restitutionary damages and $25 million in punitive damages.

    “Defendants in the lawsuit have infringed on the famous Puff and Puff Bar marks by introducing competing devices which use the stylized “Puff” associated with Puff Bar Vapor Devices as well as by openly selling fake or counterfeit Puff Bar vapor devices,” DS Technology Licensing wrote in a statement.

    “Defendants are believed to be only a small number of the violators, as the anti-counterfeit verification system at puffbar.com has identified thousands of retail stores at which consumers bought devices which failed the check.”

    DS Technology Licensing promised award to those with information that leads to the seizure of counterfeit goods.

  • EU Opposes Danish Flavor Ban

    EU Opposes Danish Flavor Ban

    Photo: Sharon Ang from Pixabay

    The European Commission has opposed a ban on vaping flavors put forward by the Danish government, according to the U.K. Vaping Industry Association (UKVIA).

    “It is a victory both for vaping and common sense,” said UKVIA Director John Dunne said in a statement.

    John Dunne, director of the UKVIA
    John Dunne

    Denmark wants to introduce a flavor ban on both nicotine and non-nicotine containing e-liquids, where only tobacco and menthol flavors will be permitted. According to the Danish Vapers Association (DADAFO), the proposed ban would have affected between 85 percent and 90 percent of adult vapers in Denmark with the potential of driving up to 70,000 Danish ex-smokers back to cigarettes. The move would have also forced 90 percent of vape shops to close, DADAFO said.

    “Flavors play a hugely important role in encouraging smokers to switch to vaping, a much less harmful product,” said Dunne. “Crucially, vape flavors provide choices for ex-smokers to ensure they do not relapse.”

    “The effect of banning flavored liquids on deterring adult vapers from using vape products to help them quit or reduce their smoking was acknowledged by Public Health England earlier this year in its annual vaping evidence review. The review also stated that a ban could also push current adult vapers towards illicit products.”

    According to the European Tobacco Harm Reduction Advocates, the Danish Ministry of Health sent a notification of this to the European Commission on April 17 with a standstill period of three months during which the Commission had to comment whether it believes that the Danish government can legally amend the existing laws as proposed.

  • Taat Releases Pack Designs

    Taat Releases Pack Designs

    Photo: Taat Lifestyle & Wellness

    Taat Lifestyle & Wellness has released provisional new pack designs for its Beyond Tobacco cigarettes.

    Key elements include greater dominance of colors commonly associated with certain varieties of combustible products (e.g., green for menthol), centered placement of text and graphic elements for a more “balanced” appearance, and prominence of elements that define Taat’s brand to include “Beyond Tobacco.”

    “Packaging and trade dress are arguably the backbone of any consumer packaged good [CPG] when it comes to building preference and brand loyalty,” said Taat CEO Setti Coscarella, in a press note.

    “While I am entirely confident that Beyond Tobacco will make its mark among current legal-aged smokers of tobacco cigarettes on its merits as an actual product, cultivating long-term loyalty and preference through a visibly recognizable trade dress to include packaging is a fundamental component of the success of any CPG product.”

    Consumer feedback regarding this provisional design will be factored into the final iteration of the product. Taat plans to launch Beyond Tobacco cigarettes in the United States in the fourth quarter of 2020.

     

     

  • States Ranked on Vapor Regulations

    States Ranked on Vapor Regulations

    The Consumer Choice Center (CCC) has published an index ranking each U.S. state on the consumer-friendliness of its vapor regulations.

    Rankings are assigned based on a legislative actions, including restrictions, taxation, and online sales prohibitions.

    According to the index, California is the “worst state for vaping.” New York, California, New Jersey, Massachusetts and Rhode Island are also among the least consumer-friendly states. Virginia, Colorado, Texas and Maryland each received “A” scores.

    “The worst states … are far behind all the other states because of flavor bans, exorbitant taxation on vaping products, and restrictions on online sales,” said David Clement, North American affairs manager and deputy director at the CCC. “Our research indicates these states go above and beyond to deter adult smokers from switching to vaping, which could vastly improve and prolong their lives.”

    “What lawmakers should note is that a number of states are providing a positive framework of regulation for vaping that boosts consumer choice while contributing to public health by encouraging smoking cessation,” said Yaël Ossowski, who is also North American affairs manager and deputy director at the CCC.

    “Excessive flavor bans, taxes, and prohibitions on online commerce grow the black-market sector and harm consumers who want less harmful alternatives to smoking. If states want to innovate in 2020 and provide adult smokers with an alternative that is less harmful, they should look to reform their state laws to better accommodate this new technology that is helping millions.”

    The report shows that 25 states allow flavored vaping products with no additional taxes and no shipping restrictions. Twenty states have previous flavor bans, some taxes and a few shipping restrictions. There are five states that have partial flavor bans, high taxes and shipping restrictions.

    The center stated that the focus is on state regulation of vaping, “as it plays a big part in their availability to adult consumers who want to switch away from combustible tobacco.”

    The weighted scoring system analyzes additional flavor restrictions, taxes and the ability to sell vaping products online. Regulations are assessed on stringency in addition to Food and Drug Administration regulations.

    States that received between 0 and 10 points received an “F” grade, between 11 and 20 points is “C” and states with points between 21 and 30 received an “A” grade.

  • Swisher Consolidates Smokeless Portfolio

    Swisher Consolidates Smokeless Portfolio

    Swisher has consolidated its broad smokeless tobacco portfolio under Fat Lip Brands. With a mix of classic brands and modern-day favorites in moist snuff, chewing tobacco and dry snuff, the creation of Fat Lip Brands is part of Swisher’s efforts to align its businesses and brands to better serve its wholesale and retail customers as well as its adult consumers. Through this alignment, Fat Lip Brands will enhance its focus within the smokeless category and allow for more effective allocation of resources and customer service efforts, according to the company.

    Fat Lip Brands is well positioned among Swisher’s five strategic businesses that also include Swisher Sweets Cigar Co. (large and little/filtered cigars), Drew Estate (premium cigars), Hempire (hemp accessories) and Rogue Holdings (modern oral nicotine). Each business provides focused category expertise and product knowledge under a renewed purpose for the broader company. Through Swisher’s strategic businesses, trade partners will have access to the growth strategies and product innovations that drive expanded success.

    Based in Wheeling, West Virginia, USA, Fat Lip Brands brings a 141-year tradition in smokeless tobacco together under a one portfolio covering all customers’ needs in the moist snuff, chew and dry snuff categories. “With classic brands like Mail Pouch, Chattanooga Chew, Bowie, Navy and Railroad Mills offered alongside everyday best sellers like Kayak, Creek and Starr, Fat Lip Brands serves the modern lifestyle of adult consumers while staying grounded in a tradition of quality and affordability,” Swisher wrote in a press note.

  • The Fight Against Illicit Trade

    The Fight Against Illicit Trade

    Where next?

    Illicit cigarette trade causes an annual worldwide revenue loss that is estimated at $40 billion to $50 billion, which means that about 600 billion cigarettes, or 10 percent of global consumption, comprises illegal product.

    The European Union (EU) is one of the major targets, with illicit cigarette consumption in 2019 amounting to 38.9 billion cigarettes, or 7.9 percent of all cigarettes smoked in the region. With €7.8 billion to €10.5 billion per year, the profit of illicit cigarette trade is comparable to that of the cocaine or heroin markets, making it a “crime enabler” and financer of organized crime and terrorism.

    Over the past years, the nature of illicit cigarette trade has changed: The countries of origin are increasingly located in the Middle East. Today, the fakes are primarily cheap whites manufactured closer to their destination markets, with the number of illicit factories in the middle of Europe having risen significantly.

    In response to this trend, Europol has adapted its structure. The EU law enforcement agency now works closely with liaison bureaus in all EU member states, according to Simone Pierre di Meo, senior specialist, head of office and project manager of Analysis Project Smoke at the European Financial and Economic Crime Centre for Europol.

    As the cash flow generated by illicit trade activities is huge, Europol has come to focus on tracking the money. In June, the agency launched a European economic and financial crime center that is aimed at strengthening the cooperation between EU member states to promote the consistent use of financial investigations to combat illicit crime.

    In the fight against contraband cigarettes, getting the support from the public is essential. The nongovernmental organization (NGO) Crime Stoppers International supports law enforcement efforts to prevent and solve crime by mobilizing citizens to anonymously share information about suspected illegal activity. According to CEO Shane Britten, the organization will, over the next 12 months, focus on raising governments’ awareness of the links between illicit trade syndicates and groups involved in criminal activities, such as human trafficking, wildlife smuggling or terrorism.

    Attempts to curb smoking through disproportionate tax increases has provided fertile ground for illicit trade. Malaysia provides a cautionary tale: As of August 2020, 65 percent of the country’s tobacco market was illegal, according to Cormac O’Rourke, general manager of Japan Tobacco International (JTI) Malaysia.

    Before a significant tax hike in 2015, contraband cigarettes accounted for around 35 percent of the market; since then, the country has become the country with the world’s least affordable legal cigarettes. A sophisticated system of illegal syndicates, which have been able to infiltrate state agencies, has made it difficult to tackle the problem. Illicit cigarette trade costs the Malaysian government approximately $1 billion in lost tax revenues annually. The country has a coastline of almost 4,700 kilometers. Most illegal cigarettes are brought into Malaysia on container ships from countries such as Indonesia, China and Vietnam.

    Declared as nontaxable transshipment goods destined for a third country, they are not examined by customs. Instead of being shipped to their destinations, however, the smokes are smuggled into Malaysia. The practice is called transshipment. To address the long-standing issue, Royal Malaysian Customs in January 2020 established a multi-agency task force, which has paved the way for a public-private sector partnership.

    The Covid-19 pandemic is likely to further aggravate the global cigarette contraband situation. A report commissioned by JTI, which was conducted across 50 countries where tobacco smugglers currently have a strong presence, found that the global public health crisis and financial downturn has contributed to a “perfect storm” where organized criminal groups will further exploit public demand for cheap goods and capitalize on dwindling buying power in the impending global recession, particularly in countries with high tax regimes.

    As Ian Monteith, JTI’s global anti-illicit trade operations director, pointed out, criminal gangs were biding their time in readiness for an anticipated boom in illegal tobacco sales. They then quickly exploited the inconsistent approach to travel and lockdown rules and found alternative routes from production to distribution, and they used the limited supply in legal cigarettes brought about by changed law enforcement priorities and border restrictions.

     

     

     

     

  • Europe/Africa Stream

    Europe/Africa Stream

    Global tobacco harm reduction trends and policies, sustainable growth, next-generation products (NGP) and illicit trade were at the core of discussions in the European/African stream of this year’s Global Tobacco & Nicotine Forum (GTNF). Covid-19, which continues to impact our daily lives and turned the industry’s annual get-together into a virtual event, was also a major theme—the pandemic unexpectedly added a new dimension to the role of nicotine, revealing potentially beneficial traits of the alkaloid.

    Early in the outbreak, scientists observed that smokers were underrepresented among patients hospitalized with coronavirus infections. Since then, research has suggested that nicotine may prevent the disease from taking a severe course that requires hospitalization. Some believe the substance may even reduce the risk of contracting Covid-19 in the first place. Clinical trials have been set up with both smokers and nonsmokers to examine the value of nicotine in the fight against the coronavirus.

    The pandemic has also provided an opportunity to show the potential of the tobacco plant as an efficient producer of vaccines. Protecting nearly eight billion people against the coronavirus will require a multiple vaccine product and vaccine manufacturer approach. Tobacco plant-based vaccines have several advantages over conventionally developed vaccines, including high fidelity in virus gene expression and fast availability and stability at room temperature, which is likely to make them an important pillar in immunization strategies. To date, several biotech companies—among them British American Tobacco’s subsidiary Kentucky Bioprocessing and Philip Morris International’s affiliate Medicago, along with Chulalongkorn University in Bangkok (see “Joining the Race,” page xx)—have developed Covid-19 vaccine candidates from tobacco plants that have all been successful in preclinical testing.

    Whether in traditional or plant-based vaccine development, Covid-19 has meant a great disruption to scientists who have the ethical responsibility and now need to have the courage to do research including society, a panelist claimed. It has also moved forward the interaction between politics and science. In terms of tobacco, consumers’ increasing focus on health during the pandemic is hoped to help accelerate the transition to reduced-risk products (RRPs) as the intensified interest in science could encourage evidence-based policies and acceptance of tobacco harm reduction (THR).

    Rocky road to harm reduction

    Presently, THR policies continue to vary greatly between countries. The debate on the value of THR interventions remains ideological and emotional, which continues to hinder a constructive dialogue. While some progress has been made on the acceptance of alternative tobacco products, as evidenced by the U.S. Food and Drug Administration’s (FDA) authorization of several products, there’s still a long way to go, with events such as last year’s EVALI crisis and the recurring “gateway” discussions impacting the process negatively.

    To drive THR, RRPs should be seen and pitched as complimentary to traditional smoking strategies, such as nicotine-replacement therapy, a panelist suggested, whereas at the same time more quality research and especially more local scientific research are needed to enable informed, context-specific, risk-proportionate regulatory policies. Particularly developing countries, which look to the World Health Organization (WHO) for guidance, are still deprived of THR options.

    Judging from a recent European WHO report and the fact that RRPs were discussed at the last Framework Convention on Tobacco Control’s (FCTC) Conference of the Parties, though, panelists were optimistic that the organization will soften its stance toward THR in the future, finally acknowledging that RRPs could benefit public health. A major hurdle to the acceptance of THR within the WHO, however, is the conflict of interest caused by state ownership of tobacco companies, according to one panelist. Almost 50 percent of the global tobacco industry is controlled by eight governments—China, Iran, Iraq, Lebanon, Syria, Thailand, Indonesia and Vietnam—which are at the same time signatories to the FCTC. In total, there are 18 countries where governments own 10 percent or more in tobacco companies. Seventeen of these countries have endorsed the FCTC—an unethical issue the WHO refuses to address, according to one speaker.

    Harm reduction could be an interesting opportunity for governments to escape this conflict as the choice would not be between all and nothing as with the WHO’s current abolitionist stance. To enable the acceptance of THR, it would be necessary to amend the FCTC, which was launched at a time when RRPs were in their infancy.

    The greatest irony, according to one panel member, is that even as the WHO has excluded the tobacco industry from debate, FCTC signatories owning the world’s largest tobacco companies are allowed to help shape regulations. He singled out five conditions required for the acceleration of a framework for THR: an evidence-based approach, proportionate regulation that is enforceable for the regulator and understandable to the consumer, the freedom to innovate and to market new products, an engagement and dialogues involving stakeholders that society can understand, and responsible marketing to the consumer.

    Contraband

    The prevailing strategy to curb cigarette consumption with repeated and often disproportionate tax hikes has prepared fertile ground for illicit trade, and the associated damage is often underestimated. Illicit tobacco trade is a “crime enabler,” funding gangs and terrorism, for example. About 600 billion cigarettes, or 10 percent of annual global consumption, are estimated to be illicit, amounting to worldwide revenue loss between $40 billion and 50 billion.

    In the EU alone, illicit cigarette traders generate profits of between €7.8 billion ($9.19 billion) and €10.5 billion annually. However, the nature of the black market for tobacco products in the EU has changed in recent years, with the countries manufacturing cheap whites getting closer to their destination markets and the number of illicit factories rising in central Europe.

    In response, the EU police authority, Europol, has adapted its structure and now works closely with liaison bureaus in all EU member states. In the U.K., the organization Crimestoppers International is educating the public on the consequences of buying tobacco from illegal sources.

    Following a steep tax hike in 2015, Malaysia now has the world’s most expensive cigarettes relative to purchasing power. As a result, contraband product today accounts for 65 percent of its tobacco market. There is a sophisticated system of illegal syndicates, which have the resources to infiltrate state agencies. One strategy to tackle the illicit cigarette trade problem is to “follow the money.” Indonesia, China and Vietnam supply most of the cigarettes sold illicitly in Malaysia, which itself is just a transit market for illicit products destined for Australia. Experts have called for closer cooperation among law enforcement agencies, private-public partnerships, harmonized national legislation and tax moratoriums.

    A more sustainable supply chain

    With the United Nations’ Sustainability Development Goals (SDG) set to become mandatory by 2030, sustainability of the leaf supply chain remains an important theme for the tobacco industry. Increasingly, authorities are including human rights considerations in their regulatory frameworks. When violations occur, companies are not only liable but also risk reputational damage. Over the past years, tobacco companies have stepped up their efforts to support the most vulnerable link in their supply chains—tobacco farmers. A large percentage of the world’s tobacco is cultivated by small-scale farmers in low-income and middle-income countries.

    In 2016, all major global cigarette manufacturers and leaf suppliers adopted the Sustainable Tobacco Program (STP), an industry-wide initiative aimed at bringing together best practice from across the industry and driving continuous improvement. The program covers areas such as sustainable farming, agrochemicals, soil and water management and actions that can be taken to prevent child labor, forced labor and to create safer working environments. It is aligned to external standards, such as those of the International Labor Organization, and gets guidance from Coresta and the Organization of Economic Co-operation and Development. The initiative is currently being reformed to attract more industry stakeholders.

    To meet the unique challenges tobacco represents to sustainability and social responsibility, panelists called for a joint approach with unified standards.

    What investors want

    Investors too are increasingly interested in sustainable growth. Thus far, tobacco stocks have hardly been associated with environmental, social and governance (ESG) criteria. Benefiting from an addictive, highly profitable and recession-resilient product, they were valued primarily for being strong performers and offering generous dividends.

    Over the past three years, however, most tobacco shares underperformed. While the combustible cigarette sector, despite risks such as increased regulation and declining smoking rates, has traditionally offered investors predictability, this has changed with tobacco companies’ stronger focus on NGPs. Developments over the next years are therefore difficult to predict, an analyst commented, but hopes are that investors will eventually get more comfortable with the uncertainty—and promise—of RRPs.

    To become a more sustainable industry attractive to investors, panelists argued, the tobacco industry needs to be more regenerative and inclusive. The pace of its transformation toward harm reduction will also be important. Tobacco companies need to involve consumers, hear what they want and offer them more choice.

    The Foundation for a Smoke-Free World’s Tobacco Transformation Index, which debuted shortly before the GTNF, was considered a good starting point. As a benchmarking exercise, it could become an incentive for companies to accelerate innovation in NGPs.

    While both RRPs and a sensible regulatory framework are expected to come to most countries eventually, it remains limited to developed countries for the time being. Only once developed markets mature for these products are companies likely to start looking for new, emerging markets.

    Channeling innovation

    Innovations will be the crucial factor in the tobacco sector’s journey toward risk reduction. While the next big innovation in NGPs is impossible to predict, panelists agreed that e-cigarettes have revolutionized the consumption of nicotine, bringing about a realm of new developments in a short time compared to decades of stagnation in the combustible cigarette segment. In contrast to the early years when much innovation came from consumers, the leading companies are now the source of novel developments. Advances are expected in heating technology, prevention of youth access and automation of the manufacturing process, which would make RRPs more affordable.

    Regulations and enforcement are essential in the transition toward harm-reduced tobacco products, but they also risk stifling innovation. Speakers cited the FDA’s approval process for novel tobacco products in the U.S.—on the one hand, the costly, long-winded authorization procedures are expected to drive smaller vapor companies out of business. Innovation in the future, a panelist argued, will focus more on demand of the existing consumers and follow FDA approval requirements. On the other hand, regulation will also allow companies to plan innovation rather than rush into something, making market entry a more meaningful, thought-through process.

     

  • Roberto Sussman

    Roberto Sussman

    Vapor products didn’t begin to take hold in Latin America until 2009. They took the region by surprise. Everyone, including regulators and tobacco industry controllers, were “caught with their pants down,” according to Roberto Sussman, senior researcher and lecturer at the National University of Mexico and founder and director of Pro-Vapeo.

    “The reaction was pure panic,” he says. “Tobacco controllers immediately wanted to prohibit the devices. The WHO [World Health Organization] was also afraid of them. In Mexico, tobacco controllers and a lot of physicians pressed a regulatory agency called COFEPRIS to ban them outright.”

    In 2012, Mexican officials banned the marketing of e-cigarettes. However, Mexico’s tobacco laws were designed to ban candy cigarettes not regulate a market disruptor, according to Sussman. In 2015, the Supreme Court in Mexico ruled that the ban on marketing was unconstitutional. Now, Mexico, along with many other Latin American countries, has what is referred to by Sussman as “a tolerated nonregulation,” where regulators, tobacco control entities and other public bodies have become the “visceral opposition and [purveyors of] nasty misinformation campaigns.” The regulators started to take the same approach as the WHO, explains Sussman.

    “These are nongovernmental organizations (NGOs) sponsored by Bloomberg Philanthropies and associated charities like the Campaign for Tobacco-Free Kids, acting in synergy with small but influential groups of health professionals clustered in the tobacco control sections of government public health institutions. But at the same time, despite all this, the usage of the devices became socially accepted,” he explains. “It was tolerated even in many indoor spaces. Vaping started to boom. In Mexico, we estimate that we have 1.5 million vapers.”

    Speaking during the 2020 Global Tobacco & Nicotine Forum (GTNF), Sussman told attendees that Mexico also has its own small, self-regulating vapor industry that produces e-liquids. Like many other countries, Latin America gets its hardware from China. While rules are fluid from country to country, Sussman says vaping was still helping people quit combustible cigarettes. This meant vaping itself was not a big concern for the most authorities.

    In the last five years, the vapor industry in Latin America has changed, says Sussman. E-cigarettes are illegal in Brazil, Mexico, Argentina and Uruguay. These are the countries with the strictest rules against vaping. Vapor products are legal [with heavy restrictions] in Costa Rica, Guatemala, Columbia, Paraguay, Ecuador, Chile and Panama. Regulators, however, still did not see regulation as a priority in any of these countries. “The products were in a sort of nonregulation gray area,” Sussman says. “Regulators had better things to do and a lot of other things going on.”

    Then, two events further changed the course of the vapor industry, especially in the region’s largest market, Mexico. First, says Sussman, the Mexican people elected Andres Manuel Lopez Obrador, and his MORENA party is now in control of both houses of congress. Mexico had not seen this degree of centralization of political powers since 1997.

    “One of the most powerful officials in the government of Lopez Obrador is Dr. Hugo Lopez-Gatell. He’s an epidemiologist, and he has strong links with the Pan American Health Organization and with Bloomberg Philanthropies. He’s also the health minister. And at the same time, together with this appointment was a massive increase of lobbing activity by Bloomberg Philanthropies in the whole region,” says Sussman. “This [is] how Bloomberg works in our countries. First, they set up NGOs that they use as lobbying machines. This lobbying is done through the WHO or the Pan American Health Organization. Now, health ministries and government, they get grants from Bloomberg, but they will never say [that].”

    Second, the U.S. Centers for Disease Control and Prevention (CDC) announced they had reason to believe a dangerous, newly identified lung disease was linked to vaping. The acronym EVALI (e-cigarette or vaping product use-associated lung injury) was born.

    “The use of EVALI to spread fear [of] nicotine vaping in Mexico and in Latin America was particularly crude, dishonest and more intense than in other places. Up to this day, all officials of the health ministry in Mexico are still blam[ing] nicotine vaping,” says Sussman. “And when you try to engage them, they say, ‘No, no, no. That’s it. Full stop. End of discussion.’ That’s it.” EVALI has since been found to be caused by illegal THC vape pens not nicotine-based e-cigarettes. Sussman says no one has told Latin America.

    The misinformation surrounding e-cigarettes and their role in EVALI persist. Earlier this year, Mexico’s president signed legislature prohibiting the importation, manufacture and distribution of all noncombustible tobacco products, including heat-not-burn products. “Their justification was that we need to protect Mexican youth from EVALI. Given the proximity of the U.S., this epidemic can come to Mexico any time,” says Sussman. “Pure fear-mongering, and they’ve refused all debate.”

    Sussman says the true objective of prohibition is to prevent the tobacco industry from introducing noncombustible tobacco products. Regulators and anti-vaping groups also want to destroy the existing distribution network of vape shops and the emerging local e-cigarette industry. “Like all regulations surrounding vaping products, this is failing because vaping still operates in Latin America and in Mexico not exactly through black markets, but through the informal sector,” explains Sussman. “And it is very widespread. Nevertheless, the WHO will praise the Mexican government for implementing this ban.”

    Then came the Covid-19 pandemic. Now these same groups have begun to blame the spread of Covid-19 on vapor products, even though there is no record of any vaper being hospitalized or progressing to severe stages of the disease or death. Even combustible smokers are underrepresented, according to several studies. 

    Now, according to Sussman, more regulations and more enforcement are on the horizon. This time, The Union, a global scientific organization that says it is working to improve “health for people in low-[income] and middle-income countries” (LMICs) is stepping into the fray. Sussman says the group plan for vapor regulations is a “pernicious technocratic fantasy that is completely detached from the realities of smokers and health institutions” in Latin American countries. The Union’s plan is simple: total prohibition.

    The Union justifies outright prohibition with arguments allegedly based on the need to comply with the tobacco control policy advice of the WHO’s Framework Convention for Tobacco Control (FCTC), an international treaty on tobacco regulation sponsored by the WHO, which has been signed by more than 180 countries, including most LMICs. At first glance, these arguments might look reasonable, but a closer look reveals that they are real recipes for disaster, says Sussman.