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Category: Around the Industry

  • Philip Morris Pushes for Arbitration in Washington MSA Dispute

    Philip Morris Pushes for Arbitration in Washington MSA Dispute

    Philip Morris USA (PM USA) urged a King County Superior Court judge in Washington State to compel arbitration in its dispute with R.J. Reynolds (RJR) and other tobacco companies. The conflict centers on longstanding disagreements over the annual Master Settlement Agreement (MSA) payments to the state.

    RJR and fellow plaintiffs claim PM USA aims to derail a separate 2025 settlement signed between RJR and Washington by attempting to enforce an arbitration clause dating back to a 2017 agreement. They argue PM USA is improperly interfering in a deal it is not directly part of.

    This week, in response, PM USA submitted a motion to compel arbitration, asserting that RJR and the other defendants are bound by the 2017 arbitration clause and that the court must defer to this private resolution mechanism. The outcome of this procedural motion could significantly influence the future of tobacco payment disputes under the MSA—either moving them out of public courtrooms or keeping them subject to private arbitration panels.

  • Elfbar and Lost Mary Touting 281-Point Safety Testing Protocols

    Elfbar and Lost Mary Touting 281-Point Safety Testing Protocols

    The same week a report was released by UC Davis saying several large vape brands released more toxic metals than traditional cigarettes, Elfbar and Lost Mary announced a major expansion of their product safety measures, claiming they now follow an extensive 281-point testing protocol, including 142 tests on e-liquids, 22 on aerosols, 86 on device materials, and 31 reliability assessments.

    The brands reported completing 11,637 in-house tests in May 2025, following more than 120,000 tests conducted throughout 2024, with all products routinely tested to ensure compliance with UK, EU TPD, and AFNOR standards. “This comprehensive safety upgrade underscores both brands’ commitment to innovation and consumer protection in the vape market,” the companies said in a release.

  • 22nd Century Targets Q4 to Have 100mm VLN to FDA

    22nd Century Targets Q4 to Have 100mm VLN to FDA

    22nd Century Group, Inc. announced “Operation 100,” a new initiative to develop a 100mm version of its VLN reduced-nicotine cigarettes, targeting FDA submission by Q4 2025. The product will complement the company’s existing 84mm king-size VLN cigarettes, the only FDA-authorized combustible cigarettes with reduced nicotine content.

    VLN cigarettes contain 95% less nicotine and are designed to help smokers reduce consumption and dependence. CEO Larry Firestone emphasized that offering VLN in familiar formats increases adoption and aligns with smokers’ preferences.

    If approved, the new 100mm VLN products would be sold under both the company’s own brand and partner labels such as Smoker Friendly and Pinnacle, expanding reach to the nearly 50% of U.S. smokers who prefer 100mm cigarettes.

  • FDA Issues Reminder to Update Tobacco Product Listings

    FDA Issues Reminder to Update Tobacco Product Listings

    Twice every year – by June 30 and Dec. 31 – registered tobacco product manufacturers are required to report to the U.S. Food and Drug Administration their tobacco product listings if they have made certain changes, the FDA reminded in a statement.

    If a manufacturer made any of the following changes, they must be reported:

    • Introduced any tobacco products for commercial distribution that were not included in a previous listing;
    • Discontinued manufacturing, preparation, compounding, or processing any tobacco products for commercial distribution;
    • Resumed manufacturing, preparation, compounding, or processing any tobacco products previously listed as discontinued; or
    • Made any required or voluntary material change to any listing information previously submitted, such as a name, labeling, consumer information, or advertisement changes.

    Information previously submitted to FDA should not be resubmitted.

    Updates can be submitted using the new “Tobacco Registration and Listing Module Next Generation (TRLM NG).”  If you are unable to submit online using TRLM NG, you can mail the appropriate Registration & Listing PDF form (FDA Form 3741) or, for deemed establishments, (FDA Form 3741a) to CTP’s Document Control Center.

    For resources on product listing submissions, go to the Tobacco Registration and Product Listing – Next Generation (TRLM NG) Instructions page. Manufacturers can also read the Registration and Product Listing for Owners and Operators of Domestic Product Establishments page for more information. 

  • Dominican Cigar Production Tops 8 Billion Units

    Dominican Cigar Production Tops 8 Billion Units

    The Dominican Republic remains the world’s top exporter of cigars, producing over 8.4 billion cigars each year, according to Iván Hernández Guzmán, director of the Dominican Tobacco Institute (Intabaco). Of this total, more than 181 million are handcrafted, while over 8.2 billion are made using machinery.

    Speaking at the Dominican Cigar Expo 2025 in Santiago, Hernández Guzmán highlighted tobacco’s vital role in the national economy, saying the industry contributes 10% of the country’s exports and generates more than $1.34 billion annually—second only to gold. It is the largest employer in free trade zones, creating over 40,000 jobs in that sector and more than 110,000 jobs nationwide. There are 160 tobacco-processing companies across 15 provinces, yielding over 330,000 quintals of tobacco each year.  

    For its premium cigar exports, 88% go to the United States and 10% to the European Union.

  • Samsung Back on $10.9M Hook for Vape Battery Explosion

    Samsung Back on $10.9M Hook for Vape Battery Explosion

    Samsung Electronics America Inc. must pay $10.9 million to a Georgia man who said he was seriously injured when the company’s battery inside an e-cigarette device in his pants pocket exploded, the Georgia Court of Appeals ruled Monday (June 23).

    Jordan Brewer sued Samsung in July 2020, and a county judge held Samsung liable by default in September 2020 after the company failed to respond to Brewer’s complaint. In December 2020, Samsung asked the court to set aside the default judgment, but the court said, “Samsung’s action in pursuing its company protocol in response to similar lawsuits as ‘a failed legal strategy’ that was ‘willful and deliberate and done with indifference to the correct legal process or else was gross negligence.’”

    In 2022, however, Samsung filed a motion with a new judge, who set aside the judgment, citing unclear damages and a lack of a hearing transcript. Brewer appealed, arguing Samsung didn’t meet its burden to justify overturning the judgment.

    This week, the Georgia Court of Appeals ruled that the trial court improperly shifted the burden of proof to Brewer and should not have set aside the judgment based on an incomplete record. The court vacated the order, setting aside the judgment and remanded for reconsideration under the correct legal standard. Since that judgment is now vacated, Samsung’s related appeal trying to open the default was ruled premature and dismissed.

  • U.S. Supreme Court Backs RJR, Broader Legal Challenges to FDA

    U.S. Supreme Court Backs RJR, Broader Legal Challenges to FDA

    The U.S. Supreme Court ruled 7–2 in favor of R.J. Reynolds Vapor Company, allowing it to challenge FDA denials of e-cigarette marketing applications in the Fifth Circuit, even though the company is based in North Carolina.

    The decision effectively expands who can file lawsuits under the 2009 Family Smoking Prevention and Tobacco Control Act, now including retailers and trade groups affected by product bans, not just manufacturers. This enables tobacco companies to approach conservative-leaning courts like the Fifth Circuit, which has frequently ruled against FDA vaping restrictions.

    The FDA argued that retailers were never meant to be included under the legislation, and that 75% of e-cigarette appeals were being filed in the Fifth Circuit through strategic partnerships with local vape shops and trade groups, undermining consistent enforcement.

    Justice Amy Coney Barrett, writing for the majority, said that retailers are “adversely affected” because they lose potential sales or risk penalties by selling unapproved products. Justice Ketanji Brown Jackson, in dissent, warned the ruling contradicts Congress’s intent, allowing companies to bypass venue restrictions meant to streamline regulation.

    The case specifically involved menthol-flavored Vuse vapes, which the FDA had denied for failing to meet public health standards. The ruling now returns the case to the Fifth Circuit for further review.

  • Despite Ban, 1-in-9 Brazilian Teens Vape

    Despite Ban, 1-in-9 Brazilian Teens Vape

    Despite a national ban on electronic cigarettes, one in nine Brazilian teenagers now uses e-cigarettes, according to a new survey conducted by the Federal University of São Paulo (Unifesp).

    The findings, released this week, are part of the Third National Survey on Alcohol and Drugs (Lenad 3), which surveyed around 16,000 people aged 14 and up across Brazil. The results show that e-cigarette use among teens is five times higher than traditional cigarette smoking, indicating a major shift in youth nicotine consumption.

    Dr. Clarice Madruga, a professor of psychiatry at Unifesp and the study’s lead author, says that easy online access to e-cigarettes—despite the national prohibition—has fueled the trend.

    “We had a major success story with policies that led to a steep decline in smoking,” Madruga said. “But a new challenge has completely disrupted that progress. Today, we’re seeing much higher consumption rates—especially among teenagers—which remain largely invisible.”

  • Pakistan to Fund University with Tobacco Levy

    Pakistan to Fund University with Tobacco Levy

    Pakistan’s federal government plans to impose a levy on tobacco products to help cover the operational costs of the upcoming Daanish University in Islamabad. The decision was discussed during a project review meeting led by Prime Minister Shehbaz Sharif on June 18.

    The university is being funded by £190 million returned by the UK in a corruption case, with the new tobacco levy intended to support its ongoing expenses. Bids for design and implementation were recently opened, mainly involving firms from China and Turkiye.

    PM Sharif emphasized global education standards, calling for smart boards, e-libraries, and a world-class digital library. He also urged fast-tracking the project and expanding Daanish schools across underserved regions.

  • Dutch Health Agency: Cross-Border Tobacco Undermines Tax Strategy

    Dutch Health Agency: Cross-Border Tobacco Undermines Tax Strategy

    The Dutch Public Health Agency called for new policy measures to curb the growing trend of cross-border tobacco shopping, which it says is undermining the effectiveness of the Netherlands’ high tobacco taxes. The Netherlands currently has the second-highest cigarette tax in the EU (€7.66 per pack) behind Ireland (€9.92), but inconsistent tax policies across borders continue to challenge its effectiveness.

    Following significant tax hikes in 2024—24% on cigarettes and 45% on rolling tobacco—about 7% of Dutch smokers quit, while 22% cut down, and 14% switched to cheaper brands, according to the agency’s research. However, the number of smokers buying tobacco abroad surged to 60%, up from 40% in 2023 and double 2020. With neighboring countries offering cheaper options, smokers are evading domestic taxes, weakening the public health impact.

    “Policy must focus on reducing purchases of tobacco products made abroad,” the agency stated, urging limits on how much tobacco can be imported for personal use and recommending excise taxes on e-cigarettes to deter youth addiction.

    While the World Health Organization touts tax hikes as one of the most effective anti-smoking tools, their impact appears stronger in low-income countries. In wealthier nations like the Netherlands, the ease of border shopping reduces their effectiveness, the agency said.