Category: Featured

Top Court Poised to Rebuff Land Claim Cutoff Date

Photo: alexlmx
Brazil’s Supreme Court is likely to rule against attempts by the country’s farm lobby to limit land claims by indigenous peoples to areas they occupied before 1988, according to Reuters.
The case stems from a dispute in Santa Catarina state where the government rejected a land claim by the Xokleng people, who were evicted by tobacco farmers from what was their ancestral land.
Congress has pushed ahead with bills allowing indigenous reservations only on land that was occupied by native communities when Brazil passed its constitution in 1988. The lower house passed a bill last month and its backers want the Senate to follow suit before the Supreme Court rules on the issue.
On Aug. 31, Justice Cristiano Zanin cast a crucial vote that all but ensures the 1988 cut-off date will be rejected by the court. Zanin said indigenous communities that were not present on their lands in 1988 may have been forced to leave.
September 1, 2023
Court Poised to Rebuff Land Claim Cutoff

Photo: alexlmx
Brazil’s Supreme Court is likely to rule against attempts by the country’s farm lobby to limit land claims by indigenous peoples to areas they occupied before 1988, according to Reuters.
The case stems from a dispute in Santa Catarina state where the government rejected a land claim by the Xokleng people, who were evicted by tobacco farmers from what was their ancestral land.
Congress has pushed ahead with bills allowing indigenous reservations only on land that was occupied by native communities when Brazil passed its constitution in 1988. The lower house passed a bill last month and its backers want the Senate to follow suit before the Supreme Court rules on the issue.
On Aug. 31, Justice Cristiano Zanin cast a crucial vote that all but ensures the 1988 cut-off date will be rejected by the court. Zanin said indigenous communities that were not present on their lands in 1988 may have been forced to leave.
September 1, 2023
FDA Urged to Prioritize Harm Reduction

Photo: New Africa
The R Street Institute is urging the U.S. Food and Drug Administration to prioritize harm reduction in its approach to tobacco regulation.
In a letter to FDA Center for Tobacco Products’ (CTP) Director Brian King, the organization suggested the agency should evaluate its past achievements, define its mission statement clearly and develop a science-based tobacco and nicotine policy. Additionally, it recommended applying product standards consistently across all tobacco and nicotine products.
The R Street Institute expressed concerns that the FDA’s proposed strategic goals may not address more immediate issues that could have a significant impact on public health. The group argued that the CTP should reflect on its initial goals and whether they have been achieved, such as setting clear standards for tobacco/nicotine products and effective enforcement processes.
The comments also stressed the importance of communicating the strengths and weaknesses of past CTP goals, defining the mission statement with clear measurables, and establishing evidence-based policy goals for tobacco harm reduction. The R Street Institute advocated for transparent and consistent education on tobacco harm reduction.
Lastly, the group urged the CTP to close gaps and loopholes in regulating tobacco and nicotine products, ensuring that all products are held to the same scientifically determined standards.
The R Street Institute is a nonpartisan organization dedicated to limited government.
September 1, 2023
Court Upholds IP Damages for Republic Tobacco
The U.S. Court of Appeals for the Eleventh Circuit on Aug. 22 upheld a multimillion dollar verdict against Diamond Wholesale and its owner, Raj Solomon, for infringing trademarks owned by Top Tobacco, Republic Technologies and Republic Tobacco, reports IPWatchdog.
In March 2022, a jury in the U.S. District Court of Georgia awarded Top Tobacco $11 million in damages against the wholesale company and its owner. Diamond Wholesale appealed the ruling, arguing that the district curt erred in excluding evidence, including witness testimony and invoices, that would have proven the retailer and its owner believed it was purchasing the counterfeit product from a legitimate seller, Star Importers, and that their infringement could therefore not have been intentional.
However, the Eleventh Circuit ruled that a “showing of intent or bad faith is unnecessary to establish a violation.”
Earlier this year, federal jurors in Atlanta awarded Republic Brands $2.3 million in statutory damages in a case about counterfeit tobacco rolling papers against Star Importers and ZCell & Novelties.
September 1, 2023
Court Upholds IP Damages for Republic
The U.S. Court of Appeals for the Eleventh Circuit on Aug. 22 upheld a multimillion dollar verdict against Diamond Wholesale and its owner, Raj Solomon, for infringing trademarks owned by Top Tobacco, Republic Technologies and Republic Tobacco, reports IPWatchdog.
In March 2022, a jury in the U.S. District Court of Georgia awarded Top Tobacco $11 million in damages against the wholesale company and its owner. Diamond Wholesale appealed the ruling, arguing that the district curt erred in excluding evidence, including witness testimony and invoices, that would have proven the retailer and its owner believed it was purchasing the counterfeit product from a legitimate seller, Star Importers, and that their infringement could therefore not have been intentional.
However, the Eleventh Circuit ruled that a “showing of intent or bad faith is unnecessary to establish a violation.”
Earlier this year, federal jurors in Atlanta awarded Republic Brands $2.3 million in statutory damages in a case about counterfeit tobacco rolling papers against Star Importers and ZCell & Novelties.
September 1, 2023
CoEHAR Concerned About South African Bill
The Center of Excellence for the acceleration of Harm Reduction (CoEHAR) has urged the South African government to use risk-proportionate regulation in its tobacco control efforts.
In a reply to a public consultation on the Tobacco and Electronic Nicotine Delivery Systems Control Bill, CoEHAR raised concerns that the current draft will restrict less risky options for people who would benefit from using these products to quit smoking.
“The primary goal of the South Africa tobacco policy should be to prevent and control tobacco- related excess mortality and morbidity. In practice, this means reducing smoking as deeply and rapidly as possible,” wrote Riccardo Polosa and Giovanni Li Volti on behalf of the CoEHAR in their letter.
“Tobacco harm reduction provides a fast-acting, market-based strategy for reducing smoking and eliminating most smoking-related risks. The regulation of combustion- smoke-tar-free products should always be considered as part of a regulatory system that covers all the nicotine delivery products. The aim should be to encourage the migration from high-risk to low-risk products and support positive behavior change. Regulators should take great care to avoid the perverse consequences of prohibitions and use risk-proportionate regulation instead.”
Based in Catania, Italy, CoEHAR is a multidisciplinary center focused on the study of tobacco harm reduction.
September 1, 2023
Brazil: Most of Crop Already Planted

Image: Tobacco Reporter archive
Brazil’s tobacco crop for the 2023/2024 season is mostly planted already, according to Kohltrade.
Transplanting began earlier this year than in previous years and is being finalized in most of the southern Brazil properties. Farmers are hoping to avoid excessive summer heat and to grow more quality leaf.
Traditionally, the majority of planting took place in August. Recently, however, farmers have been planting early to harvest earlier to avoid issues created by lack of rain and excessive heat, which have been constant in recent seasons.
The Department of Mutuality of the Brazilian Tobacco Growers Association stated that recurring droughts have forced farmers to start their work earlier in the season. Planting early has risks as well, though, with the potential for some of the plants to die after a winter frost.
August 31, 2023
Innokin Partners with Bahrain Duty Free

Image: Tobacco Reporter archive
Innokin is partnering with Bahrain Duty Free (BDF), a retailer in the Middle East.
BDF will help introduce Innokin’s Innobar vaping products to Bahrain Duty Free’s premium stores, catering to the increasing demand for e-cigarettes in the region, according to a press release.
The new partnership began with a pilot project launched in April 2023. Within two weeks, the entirety of the trial stock had sold out.
“Building on this remarkable success, the collaboration has now expanded to provide customers with greater access to Innokin’s award-winning vaping solutions,” Innokin wrote in its announcement. “Innokin’s Innobar devices, in particular, have garnered significant interest for their exceptional performance and flavors, which are tailored to suit the preferences of the Bahrain market.”
Currently, the Innobar 3500, 6000 and V7000 models are available at BDF locations. A key element of the partnership has been the knowledge-sharing and training provided by Innokin’s experts to the management of BDF.
“We are thrilled about our partnership with Bahrain Duty Free. This collaboration signifies not only our dedication to the growing Middle East market but also our commitment to fostering responsible practices in the industry,” said George Xia, co-founder of Innokin. “With our decade-plus experience and the shared values of both organizations, we are confident that this partnership will set new standards of excellence for vaping.”
August 31, 2023
Philippine Growers Urged to Plant More

Photo: Philip Morris Fortune Tobacco Co.
Philippine Agriculture Undersecretary Deogracias Victor Savellano urged tobacco-producing provinces in Northern Luzon to increase production for export, according to the Philippines News Agency. The request followed a meeting with the governing board of the National Tobacco Administration (NTA).
Savellano said that the NTA and farmers should boost tobacco production without sacrificing production of other crops, like rice, corn and other high-value crops.
If the Philippines increases tobacco for export, the country can engage in barter-to-barter with Indonesia, which produces low-cost rice and fertilizer.
In 2022, the Philippines exported 53 percent of tobacco produced while 47 percent was supplied to local tobacco manufacturers.
“Aside from our aim to increase our tobacco production for export, we are also looking at the other alternative products from tobacco and its commercialization, like the tobacco dust,” Savellano said.
August 30, 2023
Cambodia: Police Shut Down Illegal Tobacco Factory

Image: Derek Brumby
Tboung Khmum police shut down an illegal tobacco factory producing counterfeit Esse brand cigarettes, in collaboration with Cambodia’s provincial military police and mobile customs officers, reports the Khmer Times. The factory was located in the Memot District, near the border with Vietnam.
The factory was allegedly owned by a Cambodian tycoon, according to Tboung Khmum Provincial Economic Police Officer Major Long Sambath. Police were investigating and monitoring the factory for a month before the raid, said Sambath.
The alleged owner was not present during the raid and has not been located, though his identity is known.
“This factory has operated without any authorization from relevant provincial authorities. We discovered recently that it was producing unlicensed, counterfeit Esse cigarettes,” Sambath said.
“The authorities have already cracked down on the factory, and we will take legal action to locate and prosecute the owner of the factory,” he said.
Several tons of counterfeit cigarettes were seized along with other tobacco-related materials, including new cigarette manufacturing equipment.
August 30, 2023