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  • FDA Releases Raw NYTS Data Without Comment

    FDA Releases Raw NYTS Data Without Comment

    Last week, the U.S. Food and Drug Administration released the raw data from the 2025 National Youth Tobacco Survey (NYTS), an annual, school-based survey that collects data on tobacco use among students in grades 6 through 12 across the country. Unlike previous years, the FDA released the data without comment, leaving industry members to interpret it independently.

    The survey tracks students’ tobacco behaviors, attitudes, and exposure to pro- and anti-tobacco messaging, providing nationally representative data. First conducted in 1999, it has guided youth tobacco policy and was jointly run by the U.S. Food and Drug Administration and Centers for Disease Control and Prevention since 2012, before moving fully under FDA oversight in 2025. 

    “Youth use of tobacco and nicotine has been the FDA’s sole focus in its policy and decision making for so many years, with adult education programs centered on the risk continuum of these products seemingly still far off,” said Laura Leigh Oyler, VP of Regulatory Affairs at Nicokick.com. “It’s been a big question throughout the industry as to why they’ve chosen to release this data with no fanfare, and with no guidance on how to interpret it. The FDA has essentially left the industry and other stakeholders to analyze and determine the use rates on their own.”

    Altria Client Services released a “high-level” summary of the data, finding overall tobacco usage by middle and high school students declined for the third straight year, dropping to 7.5%, the lowest rate since the study became annual in 2011, and down from the all-time high of 23.3% in 2019.

    Cigarette usage remained steady at 1.4%, while all other categories dropped from 2024, with e-cigarettes going from 5.9% to 5.2%, pouches from 1.8% to 1.7%, smokeless tobacco going from 1.2% to 0.6%, and heated tobacco products going from 0.8% to 0.7%.

    “With the continued low youth use rates, we think this is something worth celebrating,” Oyler said. “The data shows that targeted public‑health interventions, combined with thoughtful regulation like raising the legal age for nicotine purchases, can make a meaningful difference.”

    “The law is clear: tobacco and nicotine products are strictly for adults 21 and older,” said Matthew T. Sheaff, director of U.S. regulatory communications for Philip Morris International. “At PMI U.S., we are committed to guarding against underage access to our products, while continuing to provide adults 21 and older with better alternatives to smoking and traditional tobacco.

    “For example, we direct our marketing to adult nicotine consumers and do not pay social media influencers to endorse our products in the U.S. This is a shared responsibility—regulators, policymakers, retailers, and manufacturers all have an important role to play.”

    With the news generally positive in terms of youth usage, Oyler suggested emphasis be given to adults 55 and older, whose smoking rates have remained mostly steady, dropping from 18.7% in 2016 to 16.7% in 2023.

    “If anything, this data raises questions less about youth access and more about what we can do to educate adults on the differences between nicotine and tobacco products, and how they can reduce their risk,” Oyler said. “This is the population most at risk of smoking-related disease. This is the population with the most to gain from moving away from cigarettes. And this is the population that has been historically underserved by cessation efforts and innovation.

    “To drive the next major improvement in public health, we must accelerate support for adults who smoke and ensure that they have access to better alternatives, and ultimately, better outcomes.”

  • UK’s Generational Smoking Ban Moves Closer  

    UK’s Generational Smoking Ban Moves Closer  

    Both Houses of the UK Parliament have backed the Tobacco and Vapes Bill at its third reading, aiming to create a smoke-free generation by preventing anyone born on or after January 1, 2009, from ever purchasing cigarettes, tobacco, herbal smoking products, or cigarette papers. The proposed law also penalizes adults who attempt to buy vaping or nicotine products on behalf of those underage, while granting ministers new powers to regulate flavors, ingredients, and packaging of smoking and vaping products. Health minister Baroness Merron emphasized the legislation’s public health focus, framing the bill as a measure to protect youth from nicotine addiction.

    Industry and political voices have highlighted the need for balanced implementation. Conservative shadow health minister Lord Kamall called for evidence-based regulations that do not unduly burden retailers or restrict adult smokers’ access to products that aid cessation, while warning that permanent restrictions could drive some consumers to black-market sources. Jamie Strachan, operations director at VPZ, a national vaping retailer, echoed the importance of clear standards and strong enforcement, noting that the success of the legislation will rely on regulating high-capacity disposable devices and ensuring responsible retail practices to both protect young people and maintain access to safer alternatives for adults.

  • ITC Rules ‘No Violation’ in RJR Complaint

    ITC Rules ‘No Violation’ in RJR Complaint

    The U.S. International Trade Commission issued a final determination in its investigation into certain disposable vaporizer devices, ruling that there was no violation of Section 337 in the case brought by R.J. Reynolds Tobacco Company, which targeted brands like Elf Bar and Geek Bar. This followed an earlier denial of a temporary exclusion order due to a lack of evidence regarding the likelihood of success on the merits.

    R.J. Reynolds began pivoting its legal strategy with a new investigation instituted by the USITC on March 3, which shifts focus to alleged violations of the PACT Act, state flavor bans, and tax laws by Chinese manufacturers and U.S. distributors. While the previous patent-based case is closed, the commission has begun its review of these new, broader regulatory and competition-based allegations.

    Following the ruling, the Vapor Technology Association’s executive director, Tony Abboud, issued a statement, saying, “The ITC’s decision represents a positive path forward for our industry. It proves that, unlike the misguided FDA, some federal agencies are still willing to stand up to corporate interests for the good of our free market and American public health. The ITC’s decision, rejecting all of the claims, is a decisive blow against those seeking to use government agencies to corner a market and a huge step for President Trump’s America First agenda. 

    “We appreciate the ITC referencing our submission in its final decision and take this inclusion as a sign that the ITC seriously listened to the concerns of the massive American independent vaping industry.” 

  • Keller and Heckman Responds to FDA’s ENDS Guidance  

    Keller and Heckman Responds to FDA’s ENDS Guidance  

    Following the FDA’s March 9 draft guidance on flavored electronic nicotine delivery systems, Keller and Heckman LLP highlighted the agency’s continued focus on youth-risk concerns while providing more clarity on the evidentiary expectations for adult-benefit claims. Keller and Heckman encouraged industry stakeholders to submit comments during the 60-day public comment period to ensure FDA considers the latest evidence on youth use and adult-benefit outcomes.

    The firm emphasized that FDA’s risk-proportionate framework formalizes how the evidentiary burden rises with youth appeal, but that the guidance does not yet incorporate the 2025 National Youth Tobacco Survey (NYTS) data showing a substantial decline in youth vaping. Keller and Heckman noted that evolving data could inform public comments, particularly on whether the agency should recalibrate its comparative-efficacy requirement, given that factors beyond flavors—such as peer influence, boredom, and experimentation—also drive youth use. Keller and Heckman said the draft also opens the door to using non-clinical sensory studies to assess relative appeal and clarifies the limited role of device access restrictions in mitigating youth risk.

    The firm will further address the guidance and other regulatory updates at its 2026 E-Vapor, Nicotine, and Tobacco Law Symposium on May 4–5 in Las Vegas, offering attendees practical insights into navigating the PMTA process under FDA’s clarified expectations.

  • Exploding Vape Lawsuit Focuses on Chinese Maker  

    Exploding Vape Lawsuit Focuses on Chinese Maker  

    A lawsuit over an exploding vape battery in the U.S. is now focusing on a Chinese manufacturer after the plaintiff agreed to drop claims against the product’s domestic distributor. The case, filed in the U.S. District Court for the Eastern District of North Carolina, was brought by a man who says he suffered second- and third-degree burns when a vape battery exploded in his pocket. While the distributor has been dismissed from the case, the plaintiff will continue pursuing claims against LG Chem Ltd., the China-based company that manufactured the e-cigarette device.

  • South Korean Ring Smuggling to ‘High-Priced’ Markets

    South Korean Ring Smuggling to ‘High-Priced’ Markets

    Authorities in South Korea referred 11 people to prosecutors after uncovering a smuggling ring that shipped 900,000 packs of genuine and counterfeit cigarettes to high-price markets, including Australia and New Zealand. According to Incheon Regional Customs, the group exploited price gaps between countries, buying cigarettes domestically for around 4,500 won ($3.06) per pack and reselling them abroad, where prices can exceed 41,000 won ($27.88). The operation allegedly generated about ₩1 billion ($680,000) in profit from more than 70 shipments between March 2024 and March 2025. Investigators say the ring recruited convenience store owners to source legitimate cigarettes and also purchased large quantities of counterfeit products through illegal channels, disguising shipments as items such as rubber mats before sending them overseas by courier.

  • Panama Moves to Consolidate Vape Regulations

    Panama Moves to Consolidate Vape Regulations

    Panamanian authorities are working to unify three legislative proposals into a single regulation aimed at restricting the use, advertising, and commercialization of e-cigarettes, vaporizers, and heated tobacco products. The bills — 263, 347, and 467 — address prohibitions in public and private spaces, product marketing, quality, safety, and taxation of vaping devices. The initiative follows previous legal challenges, including the 2025 regulatory framework by the Ministry of Health, which focused on protecting minors while allowing controlled commercialization, and the earlier Law 315, struck down by Panama’s Supreme Court. Authorities, including the National Customs and Ministry of Health, stress enforcement, traceability, and public health.

  • JTI Korea Rebrands Ploom Tobacco Sticks as EVO

    JTI Korea Rebrands Ploom Tobacco Sticks as EVO

    JTI Korea rebranded its heated tobacco sticks for the Ploom device, transitioning from “MEVIUS for Ploom” to the new EVO line, effective today (March 10). The name EVO, short for “evolution,” reflects the brand’s aim to “modernize and enhance the user experience.” The sticks use “CleanSeal technology to prevent tobacco residue and ActivBlend technology to deliver richer flavor with Ploom’s Heatflow system.”

    The EVO lineup features eight variants, mostly mirroring the previous MEVIUS portfolio, and retail pricing remains at 4,500 won ($3) per pack, available in Seoul and select areas of Gyeonggi Province. JTI Korea emphasized that EVO is a premium, Ploom-exclusive brand that builds on the company’s heritage while continuing to deliver evolving experiences through proprietary technologies.

  • FDA Outlines Risk-Based Approach to ENDS Flavors

    FDA Outlines Risk-Based Approach to ENDS Flavors

    Yesterday (March 9), the U.S. Food and Drug Administration (FDA) issued a draft guidance outlining how it will evaluate flavored electronic nicotine delivery systems (ENDS) under the Premarket Tobacco Product Application (PMTA) process. The document clarifies the agency’s current thinking on determining whether such products are “appropriate for the protection of the public health” (APPH), the legal standard under the Federal Food, Drug, and Cosmetic Act. Although non-binding, the guidance emphasizes that applicants must demonstrate a net public health benefit, meaning any potential benefits to adult smokers, such as helping them switch from or reduce combustible cigarette use, must outweigh the risks to non-users, particularly youth.

    The guidance adopts a “risk-proportionate” approach based on the level of youth appeal associated with different flavors. According to the FDA, high-risk flavors such as fruit, candy, dessert, and other sweet varieties face a particularly high evidentiary burden. They must demonstrate significant added benefits for adult smokers compared with tobacco-flavored products. Lower-risk flavors, including menthol, mint, and some novel flavors such as spices, may require a smaller demonstrated adult benefit to meet the APPH standard. Applicants are encouraged to provide scientifically valid evidence, including sensory perception studies, consumer response assessments, and population-level data, to evaluate both youth appeal and potential adult benefits.

    The agency also addressed mitigation strategies designed to reduce youth access, including device access restrictions such as fingerprint authentication or geofencing. While these technologies may form part of a broader youth-prevention strategy, the FDA said they are generally insufficient on their own to offset the risks associated with highly youth-appealing flavors. The guidance reinforces the agency’s product-specific, evidence-based review process, with the most scrutiny applied to flavored products that present the greatest risk of youth initiation.

  • BAT Publishes AGM 2026 Notice

    BAT Publishes AGM 2026 Notice

    Today (March 10), British American Tobacco published its Notice of Annual General Meeting 2026 and related documents on its website ahead of the AGM scheduled for April 15. Shareholders can access the 2025 Combined Annual and Sustainability Report, performance summaries, AGM Notice, and proxy forms online.

    For South African shareholders, the last day to trade is April 7, with the Record Date set for April 10. All documents are also available via the UK National Storage Mechanism in compliance with listing rules.