Category: News This Week

22nd Century Welcomes Reduced Nicotine Study

Photo: 22nd Century Group
22nd Century Group welcomed the results of a recent study that found switching to reduced-nicotine content (RNC) cigarettes “reduces toxicant exposure and increases smoking cessation without worsening mental health among smokers with mood or anxiety disorders.”
According to 22nd Century, the study conclusively dispelled a common misconception that RNC’s may exacerbate general health and mental health problems. The study also concluded that a national nicotine reduction policy for cigarettes will likely result in reduced nicotine absorption and likely result in greater smoking cessation from smokers with mood and anxiety disorders.
The study examined adult smokers with a current or lifetime anxiety or unipolar mood disorder. The participants were randomly assigned to smoke conventional cigarettes or 22nd Century’s RNC research cigarettes. Adult smokers who were assigned to smoke 22nd Century’s RNC cigarettes had significantly lower cigarette consumption, lower cigarette dependence, lower plasma cotinine (metabolite of nicotine) and lower exhaled carbon monoxide than smokers assigned to the conventional group.
At the end of the study, despite having selected only participants not intending to stop smoking, those randomized to the group using 22nd Century’s RNC cigarettes were more likely to have quit smoking.
“Study after study, reduced-nicotine cigarettes are shown to be beneficial to adult smokers. The combination of reduced-nicotine cigarettes and a proposed nicotine standard have the potential to forever change the trajectory of public health by helping adult smokers smoke less,” said James A. Mish, chief executive officer of 22nd Century Group, in a statement.
“Based on last week’s comments from FDA’s [U.S. Food and Drug Administration’s] Center for Tobacco Products Director, Dr. Brian King, we are confident the FDA will use its existing authority to advance both a reduced nicotine policy and a menthol ban. These policies and 22nd Century’s reduced-nicotine cigarettes are expected to save millions of lives and increase the chances that current smokers quit. Our VLN reduced-nicotine content cigarettes are backed by clear science and evidence, which support FDA’s proposed product standards, and are the only FDA-authorized combustible product able to meet the stringent reduced nicotine levels determined by the FDA to be ‘minimally or nonaddictive.’”
November 7, 2022
Japanese Want More Smoking Restrictions

Photo: Colleen Williams
Nearly half of respondents to a recent government survey want Japan to strengthen measures against secondhand smoke, reports Kyodo News. Approximately 60 percent of those study participants asked for a reduction in outdoor smoking locations.
In April 2020, Japan banned smoking indoors in principle at restaurants, offices, hotel lobbies and other places open to the general public.
The survey queried 3,000 adults between August and September online and via mail, with 1,556 of them giving valid responses.
Around 83 percent of respondents said they find tobacco smoke unpleasant. The latest data cannot be compared directly with the last study conducted in 2019, which showed approximately 78 percent answered similarly, due to changes in the survey method.
In a multiple choice question about which smoking locations people disliked, most respondents (70 percent) cited streets, followed by nearly 51 percent who picked restaurants.
About 40 percent said they find tobacco smoke to be unpleasant even in locations frequented by smokers, including alcohol-serving establishments such as bars and izakaya Japanese pubs, as well as designated outdoor smoking areas.
November 7, 2022
Dropping Names

Photo: oxygen_8
After rooting out ENDS flavors, regulators may turn their attention to flavor names.
By Neil McKeganey
In the world of illegal drugs, there are few substances that have become popular as quickly as 3,4-Methylenedioxymethamphetamine. If you are wondering what that awkwardly named substance is, you will almost certainly recognize it by its street name, Ecstasy. In advance of its marketing, the drug developers thought about calling it Empathy but decided on Ecstasy instead—who, after all, could turn down the opportunity of experiencing “ecstasy”? And so it proved with a drug that sold in the millions in countries around the globe. That anecdote tells you something that every marketing person worth his or her salt knows all too well: Names matter. Indeed, when it comes to driving consumers to your product, names may matter more than the substance itself.
In recent years, the vaping world has seen the heavy hand of regulatory intervention focused on limiting the range of flavors that can be legally sold. Senior health officials, sections of the media, lobbyists, parent groups and others have forcefully argued for banning “kid-appealing flavors.” Restrictions on flavors, though, have gone well beyond the flavors that are seen to be appealing to vulnerable groups.
Out of some 1.6 million products for which premarket tobacco product marketing authorizations have been sought in the U.S., not a single flavor has been approved. Recent pronouncements from Brian King, head of the Food and Drug Administration’s Center for Tobacco Products, suggest that menthol is now in the regulatory agency’s crosshairs. In the face of such expanding regulatory action, it is by no means a stretch of the imagination to ponder a world in which only a single electronic nicotine-delivery system (ENDS) flavor—tobacco—remains, bringing vaping products that much closer to combustibles and in the process almost certainly weakening their capacity to offer a route out of smoking.
In a mono-flavored ENDS world, flavor names may become the new fertile terrain—promising consumers a realm of limitless variations in taste that, like the world of expensive Hi-Fi, where differences in quality are barely discernible, nevertheless draw in consumers seeking particular sensorial and taste experience.
With the removal of flavors from the market, next in line may be flavor names, with regulators galvanized by the belief that it is the names more than the flavors that are driving consumers to these products. In that event, it will become increasingly important for manufacturers to be able to present regulators with evidence that their specific-named tobacco-flavored products are not attracting young people and that those named flavors are assisting adults in quitting smoking.
If anyone is inclined to think that this is an unlikely scenario, it is worth remembering that regulatory authorities within the U.S. already involve themselves in determining what words can and cannot be used when referring to tobacco products. Some states already ban the use of food terms when referring to tobacco products, and the Family Smoking Prevention and Tobacco Control Act bans words like mild, light and ultra-light when referring to tobacco products. In the face of such regulatory restrictions, companies replaced the names mild, light and ultra-light with terms such as gold, silver and blue. Research undertaken by Gregory Connolly and Hillel Alpert and published in Tobacco Control in 2014 showed that even in the face of such name-switching, smokers were still able to identify their preferred product.
Within the world of ENDS, some e-liquid manufacturers have already chosen to move away from taste-based flavor names. Bidi Vapor, for example, uses product names such as Winter, Summer, Dawn and Marigold in describing its product range. Years before Bidi opted to anonymize the taste experience in its product names, e-liquid manufacturer Five Pawns opted to use words derived from chess, like Gambit and Grandmaster, to name its products. These are names that convey nothing about the taste or sensorial experience.
In time, there may be a push from the anti-e-cigarette lobby to reduce the variety of tobacco flavor names even further, requiring manufacturers to differentiate their products by numbers alone. Seems unlikely? Probably not for those who remember Players No. 6, No. 10 and No. 555. Flavor names may be the next item on the regulatory hit list.
Neil McKeganey is the director of the Center for Substance Use Research in Glasgow, Scotland.

November 7, 2022
Thai Activists Detect ‘Teen Vaping Crisis’

Photo: samart boonprasongthan/EyeEm
Tobacco control activists have expressed concern about the number of young people smoking e-cigarettes in Thailand, reports The Bangkok Post. While e-cigarettes are illegal in Thailand, they remain readily available across the country.
According to a health survey conducted in 2019 and 2020, 5.3 percent of Thais aged 10 to 19 have tried vaping, and 2.9 percent do so regularly. Around 30 percent of people in this age bracket who smoke e-cigarettes are women, the study showed.
Patcharapan Prajuablap, secretary-general of the Thailand Youth Institute, attributed the popularity of vaping in part to the fact that it is considered safer and more trendy than smoking cigarettes, especially among high school students.
Over the past year, Thai lawmakers have mulled legalizing e-cigarettes to offer smokers a less harmful method of nicotine consumption and to tap a new source of tax revenue.
Alarmed by the underage vaping numbers, Roengrudee Patanavanich, a lecturer at the Faculty of Medicine at Ramathibodi Hospital, urged the government to keep e-cigarettes illegal.
November 7, 2022
Philip Morris Clinches Swedish Match

Photo: Swedish Match
Philip Morris International is moving forward with its $16 billion takeover of Swedish Match despite securing less than the 90 percent stake it sought, reports Reuters.
In a press note dated Nov. 7, PMI said it had secured 82.59 percent of the Swedish company, short of the 90 percent level at which it can start a compulsory purchase of the remaining shares.
This suggests that Elliott Management Corp., which had built a 10.5 percent stake in Swedish Match and opposed PMI’s offer, has tendered its shares.
PMI also announced it would further extend the acceptance period for remaining shareholders until Nov. 25, 2022, adding that the price in the offer for shares tendered during the further extended acceptance period will be reduced to SEK115.07 in cash per share.
“We are pleased that 82.59 percent of Swedish Match shareholders, including—we believe—the top 10 shareholders, have tendered their shares at the best and final price of SEK116 per share. This achievement of a high controlling stake should allow us to harness the strategic potential of the transaction, including anticipated revenue synergies,” said PMI CEO Jacek Olczak.

“We look forward to welcoming Swedish Match’s employees and leading oral nicotine portfolio into the PMI family to create a global smoke-free champion.”
Jacek Olczak, CEO, PMI
“We are today extending the acceptance period until Nov. 25 to allow those shareholders who have not tendered—including outstanding index funds—additional time to accept the offer while waiving the 90 percent acceptance condition to provide certainty to those shareholders who have already tendered. Our objective is to delist the shares of Swedish Match from the stock market after reaching an ownership of more than 90 percent. We, therefore, encourage the remaining retail and other institutional shareholders to tender in the extended time.
“We look forward to welcoming Swedish Match’s employees and leading oral nicotine portfolio into the PMI family to create a global smoke-free champion, notably bringing IQOS and ZYN together in both the U.S. and international markets. We will be working together to create value as we accelerate toward our shared vision of a smoke-free future.”
Mark Kelly, managing director of Cowen’s Event Driven Group, welcomed the acquisition.
“History will likely prove this as a successful transaction all around,” he said. “Swedish Match shareholders engineered a material improvement to the already healthy premium that Philip Morris had offered, and Philip Morris has now secured ownership of a world-class smokeless operation. Swedish Match will help PMI accelerate its goal of going 50 percent smokeless by 2025 and also brings it a U.S.-wide distribution network to facilitate its own rollout of IQOS heat-not-burn products going forward.”
November 7, 2022
‘Jordanians Spend More on Tobacco Than Food’

Photo: methaphum
Jordanians spend more on tobacco than on food, reports The Jordan Times, citing the World Health Organization.
According to the global health body, Jordanian households spend JOD73.6 ($103.80) per month on tobacco-related products compared with JOD27 on fruits, JOD38 on dairy products and eggs, JOD50 on meat and poultry, and JOD42 on vegetables and legumes.
With 82 percent of men aged between 18 and 69 lighting up, Jordan’s smoking prevalence is the world’s highest. Some 66 percent of men smoke cigarettes and shisha, according to local media agencies. Another 15 percent vape e-cigarettes.
November 7, 2022
EU HTP Flavor Ban to Take Effect Nov. 23

Photo: artjazz
The European Union on Nov. 3 published the directive officially banning flavors in heated-tobacco products throughout the union, reports TobaccoIntelligence.
The publication follows the end of the scrutiny period on Oct. 29, during which neither the European Council nor the European Parliament raised objections to the ban.
The ban, which covers all flavors except tobacco, officially takes effect Nov. 23. EU member states than have until July 23, 2023, to transpose the rule into national legislation.
In the runup to the ban, critics suggested the European Commission was overstepping its delegated powers by introducing a new legal category—of heated-tobacco products.
Some member states raised concerns over whether the commission was empowered to introduce a definition of a new category of tobacco products in a Delegated Act.
More recently, Bulgaria, Cyprus, Greece and Italy issued a joint statement, saying the introduction of a definition of heated-tobacco products “goes beyond the delegated power under Directive 2014/40/EU and involves essential elements reserved for the European legislators and, as such, should be submitted to the ordinary legislative review process.”
November 6, 2022
Reynolds Requests Retrial of Vuse IP Case

Image: inimalGraphic
R.J. Reynolds Vapor Co. has asked for a new trial after a U.S. District Court awarded rival Altria Client Services $95.23 million in damages related to an e-cigarette intellectual property dispute, reports the Winston-Salem Journal.
In early September, a federal jury determined that Reynolds Vapor’s Vuse Alto product infringes on three Altria patents.
In its retrial request, Reynolds Vapor stated that “Altria’s improper injection of inflammatory evidence regarding patent infringement allegations against Reynolds in other cases denied Reynolds a fair trial. Erroneous evidentiary rulings also prejudiced Reynolds’ ability to present its defense. Those errors independently, and under the cumulative error doctrine, affected the verdict such that a complete new trial is required.”
Altria said in a statement that “this was a fair trial. There is no basis for another trial, and we are pleased that the jury correctly found that Reynolds Vapor has infringed a number of our patents.”
The complaint concerns three patents awarded to Altria Client Services by the U.S. Patent and Trademark Office based on filings in April 2015.
Altria alleged Reynolds Vapor violated Altria’s patents covering the pod assembly used in Vuse Alto.
Reynolds believes the lawsuit was filed in retaliation for patent infringement complaints filed by Reynolds in April 2020 for infringement by Philip Morris International’s IQOS tobacco-heating device of six Reynolds patents.
Until recently, Altria was the exclusive U.S. distributor for IQOS in the United States.
On Sept. 29, 2021, the U.S. International Trade Commission upheld an initial determination from May 2021 that Philip Morris International’s IQOS device infringes on two patents owned by Reynolds. The ruling barred Altria Group from importing IQOS products into the U.S.
November 6, 2022
Hong Kong Mulls Age-Related Tobacco Ban

Photo: efired
Hong Kong residents who were born in 2009 or later should be banned from buying cigarettes by 2027, the Council on Smoking and Health proposed on Nov. 3, reports the South China Morning Post.
The city’s smoking population dropped to 9.5 percent last year—hitting single digits for the first time since tracking began—but Chief Executive John Lee Ka-chiu has pledged to lower the rate to 7.8 percent in three years.
Other measures proposed include doubling the current tobacco tax by 2023–2024, which means a pack of cigarettes currently priced at HKD60 ($7.64) would rise to around HKD100. The council said the tax should be further raised in the following two years, so a pack of cigarettes would cost HKD200 by 2025–2026.
The council also recommended expanding the city’s nonsmoking areas to cover taxi and bus stands as well as spaces that fall within 10 meters of hospitals, schools and community facilities.
Hong Kong currently does not allow smoking on public transport, including its interchanges, in hospitals, schools, parks and indoor areas of restaurants, bars and malls.
Some lawmakers expressed concern about the proposed measures. Representing the wholesale and retail sectors, Shiu Ka-fai said poorer smokers would not be able to afford the product following the proposed tax increases.
He also opposed the idea of a “smoke-free generation” as the policy would limit freedom of choice.
The Long-term Tobacco Policy Concern Group, which represents smokers, opposed the tax hike, saying that consumers might buy illicit cigarettes instead of quitting and that the measure would impact the city’s economic recovery.
Council Chairman Henry Tong Sau-chai also opposed a proposal to reverse Hong Kong’s ban on the re-export smoking alternatives as a means to boost the economy.
In April, Hong Kong prohibited the import, sale or manufacture of smoking alternatives, such as e-cigarettes, heated-tobacco products and herbal cigarettes.
The legislation also prohibits smoking products from being transshipped through Hong Kong when brought in by truck or ship for transport onward overseas, although air transshipment cargo and transit cargo that stay on a plane or ship are exempt.
Tong worried that the reverse would create a “loophole” where alternative tobacco products would slip to the community.
November 6, 2022
PMI Wins Elliott Support for Swedish Match Bid

Photo: Swedish Match
Elliott Management Corp. has decided to back Philip Morris International’s bid for Swedish Match, reports the Financial Times.
By the Nov. 4 acceptance deadline, the multinational’s offer had received more than 80 percent shareholder acceptance.
In May, PMI bid about $16 billion for Swedish Match. Swedish Match’s board of directors recommended shareholders accept the offer, but some investors, including Elliott Management Corp., objected, saying the bid undervalues their firm.
In October, PMI increased the price of its bid to SEK116 per share from the SEK106 per share offered in May. Swedish Match’s board of directors advised shareholders to accept PMI’s revised offer.
Earlier this week, Framtiden Partnerships said it would not accept PMI’s sweetened offer, according to Reuters.
In a white paper, the investor, which owns nearly 1 percent of the Swedish nicotine products manufacturer, explained it believes Swedish Match is better off as an independent company.
PMI’s bid has won approval from regulators in the EU, Brazil and the United States.
November 6, 2022