Hong Kong’s ban on the importation and sale of alternative smoking products, including vaping and heat-not-burn products, took effect on April 30, reports ABS-CBN.
The Smoking (Public Health) (Amendment) Ordinance 2021 also prohibits using or carrying an activated vaping device in no-smoking areas. Offenders risk a fine of HKD1,500 ($191).
The ban covers electronic smoking products, heated-tobacco products, herbal cigarettes and their accessories, according to The Star.
The ordinance also prohibits the promotion, manufacture and possession for commercial purposes of novel tobacco products. Those convicted of violating the law will be fined HKD50,000 and imprisoned for six months.
Several vape shops have already closed as a result of the ban, according to news reports. Sales before the ban took effect increased dramatically as users stocked up on products before they could no longer buy them legally.
Heated Tobacco Concern Group HK said that the ban could encourage the smoking of traditional combustible cigarettes; about 90 percent of more than 800 vapers polled last year stated they would use traditional cigarettes following a ban on e-cigarettes. The other 10 percent indicated that they would buy alternative products on the black market.
“The new policy has left users with no choice but to smoke traditional cigarettes,” said Joe Lo Kai-lut, convener of Heated Tobacco Concern Group HK. “It is a bad thing for public health … I hope the government will review the policy by looking into other countries’ regulatory measures.”
Hong Kong customs arrested 11 people on charges of smuggling vaping and heated-tobacco products and confiscated HKD15 million worth of e-cigarettes and heated-tobacco products on Friday.
Given Hong Kong’s proximity to Shenzhen—the world’s largest manufacturing hub for vapor devices, authorities are expected to have their work cut out in enforcing the ban.
sCOPe, a global livestream featuring leading tobacco harm reduction (THR) advocates, will broadcast again on both World Vape Day and World No Tobacco Day.
During the event, European, African, Indian, North and South American, and Asia-Pacific THR consumer organizations will discuss advocacy and issues in their countries and take questions from viewers.
The two-day sCOPe22 livestream will broadcast for World Vape Day 2022 on May 30 and broadcast for World No Tobacco Day 2022 on May 31. It will run for eight hours each day from 07:00 CDT/13:00 BST.
“This sCOPe livestream is so important. Too many smokers continue to die from the narrow-mindedness of an anti-vape agenda that has been funded by the likes of American billionaires,” says Nancy Loucas of the Coalition of Asia Pacific Tobacco Harm Reduction Advocates (CAPHRA).
“The global evidence is overwhelmingly in favor of vaping, yet hundreds of millions of smokers are blocked from accessing harm reduced alternatives. People’s health and human rights are denied in favor of greed and ego. sCOPe 2022 will discuss where the money is coming from and expose the motivation,” says Loucas.
The organizations set to feature include European Tobacco Harm Reduction Advocates, the Campaign for Safer Alternatives in Africa, Vaping Saved My Life South Africa, the Association of Vapers India, and the CAPHRA.
The Americas are represented by Latin American-based ARDT Iberoamerica, Rights for Vapers Canada, the Tobacco Harm Reduction Association of Canada, and United States-based Consumer Advocates for Smoke-Free Alternatives Association.
Last year, sCOPe livestreamed around the clock from Nov. 8 to Nov. 12 during COP9—the Ninth Conference of the Parties to the World Health Organization Framework Convention on Tobacco Control. The unprecedented broadcast gave a global voice to leading consumer advocates who were shut out of COP9.
The U.S. Food and Drug Administration’s recently announced plan to ban menthol in cigarettes and characterizing flavors in cigars has evoked mixed reactions among stakeholders.
The Campaign for Tobacco-Free Kids welcomed the move. “By issuing proposed rules today to prohibit menthol cigarettes and all flavored cigars, the FDA is taking historic and long-overdue action to protect our nation’s kids, advance health equity and save lives, especially among Black Americans and other populations that have been targeted by the tobacco industry and suffered enormous harm from the predatory marketing of these products,” the organization wrote in a statement.
The Foundation for a Smoke-Free World (FSW), which is backed by Philip Morris International, said the FDA’s move could become one of the most significant actions in the fight to end the smoking epidemic in the U.S.
“Menthol cigarettes are disproportionately used by African Americans and prohibiting their sale would help address the health disparities caused by these products,” the organization wrote in a statement
“Tobacco product use is the leading cause of preventable death in the U.S. African Americans smoke menthol cigarettes at a rate that is far higher than menthol use prevalence in other racial and ethnic groups. The FDA cites modeling studies that indicate if menthol cigarettes were no longer available, smoking rates and deaths due to smoking would decline significantly in the U.S.”
While describing the menthol ban as an important step, the FSFW stressed that adult smokers who are addicted to menthol cigarettes and who cannot or will not quit entirely require support. “Menthol-flavored harm reduction products (e-cigarettes, nicotine replacement therapy gum, heated tobacco, and snus) provide users with access to alternatives to switching to nonmenthol combustibles or turning to the black market for menthol products,” the group wrote.
We strongly believe that there are more effective routes to deliver tobacco harm reduction than banning menthol in cigarettes.
British American Tobacco said it was reviewing the details of the proposed regulations and would continue to actively participate in the rulemaking process by submitting science-based comments to the FDA.
“We strongly believe that there are more effective routes to deliver tobacco harm reduction than banning menthol in cigarettes,” said BAT Chief Marketing Officer Kingsley Wheaton in a statement. “Evidence from other markets, including Canada and the EU where similar bans have been imposed, demonstrates little impact on overall cigarette consumption.
“The scientific evidence shows no difference in the health risks associated with menthol cigarettes compared to non-menthol cigarettes, nor does it support that menthol cigarettes adversely affect initiation, dependence or cessation. As a result, we do not believe the published science supports regulating menthol cigarettes differently from non-menthol cigarettes.”
22nd Century Group is confident its VLN Menthol King brand will be exempted from the FDA ban. (Photo: 22nd Century Group)
22nd Century Group, meanwhile, expressed support for the FDA’s proposed menthol ban, saying it expected its VLN Menthol King reduced nicotine cigarettes to be exempted from the FDA ban. On Dec. 23, 2021, the FDA authorized 22nd Century Group’s VLN Menthol King brand to be marketed with modified-risk claims.
In its press release announcing that decision, the FDA acknowledged its menthol plans, stating, “In reaching today’s determination [authorizing the MRTP applications for VLN], the FDA considered both the current legal status of menthol cigarettes and the available science demonstrating that these particular products are ‘appropriate for the protection of public health’ and could help addicted cigarette smokers reduce their nicotine consumption and the number of cigarettes they smoke per day,” according to 22nd Century Group.
“Removing menthol from highly addictive cigarettes is a crucial public health step by the FDA, and we welcome today’s announcement,” said John Pritchard, vice president of regulatory science for 22nd Century, in a statement.
“At the same time, we recognize, as the FDA has, that many adults who continue to smoke highly addictive cigarettes after the implementation of a final FDA rule will need access to suitably regulated alternative products. Our VLN products, including our recently authorized MRTP VLN Menthol King is an example of such a product, and we have already and will continue to represent our views to FDA on the importance of MRTP products in achieving FDA’s public health mission.”
Stressing that the FDA’s April 28 announcement relates only to proposed product standards, Swisher, which is best known for its Swisher Sweets cigars, said it would continue business as usual. “The FDA announcement (…) is only a proposed rule and must go through a lengthy comment an approval process before it can be enacted,” the company wrote in a press note.
Insisting there was little scientific evidence to support a ban on characterizing flavors in cigars, Swisher said it plans to vehemently oppose the measure with meaningful scientific and economic data.
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.
UPDATE: The order has been granted. First reports are due May 16.
The U.S. Food and Drug Administration is asking the U.S. District Court of Maryland for a 14-day extension to file the first status report required by the Court’s revised remedial order.
The plaintiffs in the case consent to the requested extension, according to the motion filed today.
“The extension request is supported by good cause. Compiling the information needed for the status report has required considerable time and effort, and Defendants have been working with Plaintiffs to resolve any ambiguities about which applications will be covered in the status report,” the motion states. “Also, a number of FDA employees helping to prepare the status report were out of the office on pre-planned leave last week, and a key FDA employee responsible for the status report will be out of the country on pre-planned leave next week.
“Defendants do not seek to modify any other deadline, and the FDA’s second status report would remain due July 28, 2022. Defendants are prepared to have this letter serve as their consent motion for a 14-day extension.”
Judge Grimm is expected to grant the motion’s request. The new deadline for first PMTA status reports would be May 16 if motion is granted.
Japan Tobacco on Thursday announced it was considering selling its Russian operations after suspending investment and marketing activities in the country last month following Moscow’s invasion of Ukraine.
The statement by JT, market leader in Russia, came after it said in March it would continue manufacturing in the country, where it has four factories and 4,000 employees.
That announcement drew criticism after many global brands pulled out over the invasion of Ukraine and governments, including Japan, levied heavy sanctions against Moscow. Russia calls its action in Ukraine a “special operation,” according to Reuters.
Japan Tobacco’s move to explore a sale of its Russia operations makes it the last major international cigarette-maker to speak publicly about potentially leaving Russia, the world’s fourth-biggest cigarette market.
Marlboro owner Philip Morris, the No.2 biggest player in the country, said last month that it plans to scale down manufacturing operations in Russia and that it is working on options to exit the market.
BAT Ukraine has resumed manufacturing operations at the Pryluky tobacco factory in Ukraine as of April 25, reports InterFax Ukraine.
The company has reportedly decided to resume manufacturing at the factory in phases after making a thorough risk and threat analysis.
The operations at the Pryluky factory comply with all applicable security and safety requirements, curfew and other restrictions proper to martial law, according to BAT.
BAT Ukraine is monitoring the security and safety situation in Pryluky and the Chernihiv region and plans to adapt activities as the situation changes.
The Independent European Vape Alliance (IEVA) has launched a new campaign aimed at educating smokers about the harm reduction potential of vaping compared to smoking combustible cigarettes.
Tobacco consumption is the single largest avoidable health risk and the most significant cause of premature death in the EU, responsible for nearly 700,000 deaths every year, according to the European Commission. Around 50 percent of smokers die prematurely.
Independent studies have shown that the switch to vaping is often an effective way to stop smoking completely, according to the IEVA.
“The developments in New Zealand and the U.K. are examples of progressive and enlightened public health policies. Political and public health leaders should take a close look at these results. Vaping can make a significant contribution to reducing smoking rates,” said Dustin Dahlmann, president of the IEVA, in a statement.
The European awareness campaign will take place over the coming weeks via the social media channels of the international members of the IEVA.
Nepal has banned the import of tobacco, cars, alcohol and other luxury items and shortened its workweek to conserve its dwindling supply of foreign exchange, according to the South China Morning Post.
Under the ban, only emergency vehicles can be imported, and imports of alcohol or tobacco products, large-engine motorcycles and mobile phones costing more than $600 are prohibited. Import of toys, playing cards, diamonds and other “nonessential” goods are also banned.
The ban is in effect until mid-July, which marks the end of the Himalayan nation’s financial year.
According to officials, without the ban, foreign currency reserves necessary to import goods will only last a few more months.
Nepal’s main sources of foreign currency are tourism, remittances from overseas workers and foreign aid.
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.
sCOPe, a global livestream featuring leading tobacco harm reduction (THR) advocates, will broadcast again on both World Vape Day and World No Tobacco Day.
Japan Tobacco on Thursday announced it was considering selling its Russian operations after suspending investment and marketing activities in the country last month following Moscow’s invasion of Ukraine.
