Category: Featured

  • Daniel McGee Joins Keller and Heckman

    Daniel McGee Joins Keller and Heckman

    Photo: akub Jirsák | Dreamstime.com

    Daniel P. McGee has joined Keller and Heckman’s expanding tobacco and vapor practice as counsel.

    Prior to joining Keller and Heckman, McGee worked as in-house counsel for several multinational tobacco, vapor and CBD companies, where he honed his skills advising on compliance and regulatory issues related to tobacco, vapor, nicotine, hemp, CBD and related products.

    McGee has experience counseling companies on a broad range of complex tobacco and U.S. Food and Drug Administration regulatory matters and developing strategies to help companies bring new products to market.

    “Daniel’s expertise and industry perspective will be invaluable to Keller and Heckman clients who are carefully navigating the challenges and pitfalls of a highly regulated and rapidly evolving legal landscape,” said Azim Chowdhury, a Partner in the firm’s tobacco and vapor and food and drug practices.

    “In addition to expanding our tobacco and e-vapor capabilities, we are especially looking forward to utilizing Daniel’s expertise in state law compliance, particularly for clients expanding into the hemp and CBD categories.”

    “The addition of Daniel to our practice demonstrates Keller and Heckman’s commitment to helping our clients understand and comply with continuously evolving regulations in this growing field,” said Richard Mann, chair of Keller and Heckman’s management committee.

    “I am honored to work with Keller and Heckman’s experienced team of tobacco and e-vapor attorneys and to share the corporate perspective with my new colleagues,” said McGee. “After spending the bulk of my legal career as in-house counsel to the tobacco industry, I made a strategic decision to focus on the industry as a whole and join a law firm that is a leader in tobacco regulatory compliance and public policy initiatives.”

    McGee received his J.D. degree from the University of Oregon School of Law and his B.A. degree from Boston College, where he graduated with honors.

  • Report: Counterfeiting Poses Serious Risk

    Report: Counterfeiting Poses Serious Risk

    Photo: Andrii Yalanskyi

    The Intellectual Property Crime Threat Assessment 2022 report by the EU Intellectual Property Office and Europol shows that piracy and counterfeiting pose a serious threat to the European economy as well as people’s health and well-being.

    Imports of fake and illicit goods reached €119 billion ($129.61 billion) in 2019, which represented 5.8 percent of all goods entering the EU zone.

    More than 66 million counterfeit items were seized by EU authorities in 2022 as pharmaceuticals, food items, cosmetics and toys, among other goods, were targeted by criminals and counterfeiters who took advantage of the pandemic.

    Tobacco products, too, feature prominently among counterfeited products.

  • Malaysia Poised to Legalize E-Cigarettes

    Malaysia Poised to Legalize E-Cigarettes

    Photo: bennian_1

    Malaysia’s longtime ban on the sale of vaping products is set to end, according to the Malaysian Organization of Vape Entities (MOVE).

    Taking effect on Aug. 3, the regulation of vaping devices precedes the imminent legalization of vape sales. It follows years of campaigning by MOVE and other tobacco harm reduction supporters.

    The Malaysian government has now moved to gazette the Trade Descriptions (Certification and Marking) of Electronic Cigarette Devices Order 2022 under the Trade Descriptions Act 2011. Manufacturers and importers will need to ensure all devices are certified and labeled to show consumers that safety standards have been met and the products are safe to use. All e-liquids will need to be registered.

    “This is historic news after a long-fought battle. It paves the way for a legalized market and safer products. Regulating vaping products, restricting sales to adults and applying significant penalties to any breaches will help many more Malaysian smokers to quit deadly cigarettes,” said Samsul Kamal Ariffin, president of MOVE.

    Ariffin said that in recent months there have been frustrating parliamentary delays in progressing the Tobacco and Smoking Control Bill—not helped by the pending general election. However, with the safety standards now gazetted, it sets in train the legalization of vape sales.

    Regulating, not banning, vaping will not only save smokers lives, [but] it will generate much-needed tax revenue for our country.

    Samsul Kamal Ariffin, president, MOVE

    “Regulating, not banning, vaping will not only save smokers lives, [but] it will generate much-needed tax revenue for our country, which is desperately needed post-pandemic,” said Ariffin. “This is not only good news for smokers and their loved ones, but every Malaysian will benefit from the extra revenue gained from vape manufacturing, importing and sales. Up until now, it has been a black market with unapproved products not contributing tax and with no safety assurances.”

    “The government has done well in preparing the legislation and regulation of products deemed 95 percent less harmful than combustible tobacco. It fully understands that making safer nicotine products legally accessible is the only way to seriously reduce Malaysia’s unnecessarily high smoking rates,” said Ariffin.

    The Coalition of Asia Pacific Tobacco Harm Reduction Advocates (CAPHRA), too, expects Malaysia’s smoking rates to decline after the legalization of vapor products. “Malaysia will join 67 other progressive countries worldwide which have adopted regulatory frameworks on safer nicotine products. Importantly, all of them have subsequently registered a dramatic decline in smoking,” said Nancy Loucas, executive coordinator of CAPHRA.

    “We’re particularly proud of our member organization MOVE and Samsul’s tireless advocacy over many years. The third of August is worthy of a big celebration and will be well noted across the Asia-Pacific region. Vaping bans fail badly—as Australia is discovering the hard way,” said Loucas. 

  • Treat Joins 22nd Century as CSO

    Treat Joins 22nd Century as CSO

    22nd Century Group has appointed Calvin Treat as chief scientific officer, effective May 23, 2022. In this new role, Treat will lead the expanding scientific, research and technological operations of the company, leveraging its expertise, IP and partnerships across all three of its alkaloid plant franchises toward becoming a global leader in specialty plant science.

    “Dr. Treat brings a wealth of plant-based biotechnology and crop technology experience to 22nd Century at a pivotal time when we are rapidly expanding our global capabilities across all three of our alkaloid plant franchises—tobacco, hemp/cannabis and hops,” said James A. Mish, CEO of 22nd Century Group, in a statement.

    “Dr. Treat has spent his career at the largest plant science names in the world, leading their innovations on major crops like corn, soybeans and cotton. We look forward to his leadership as we continue to leverage our extensive technology platform comprising hundreds of patents, extensive know-how and global partnerships supporting our leadership in plant genetics, breeding and cultivation underpinning our growth opportunities across a growing $1.3 trillion worldwide market opportunity.”

    “22nd Century is rapidly establishing itself as the global alkaloid plant technology leader, bringing to bear an extensive upstream capability to optimize plant lines and enhance critical commercial traits that directly benefit quality, cost and consumer confidence in the end products. The company is leveraging the most advanced plant science techniques and building a global IP and capability set that may be unrivaled in their respective crops,” said Treat.

    “I am excited to join 22nd Century at this pivotal moment to lead the company onto the global stage as more and more of the world’s leading alkaloid plant growers come to recognize the incredible value of 22nd Century’s portfolio.”

    Treat previously served as senior vice president and head of crop technology for corn, soybean and cotton at Bayer, where he oversaw more than $2 billion in R&D spending dedicated to seeds, traits and crop protection while also driving tailored solutions to meet grower needs.

    Previously, he was the technology lead for Monsanto’s global corn and soy crops, where he merged the soy and corn technology teams to garner synergies across the platforms. While part of the Monsanto teams, he was involved in the launches of multiple technologies, including Roundup Ready 2 Yield soybeans, Intacta RR2 Pro soybeans in South America and Roundup Ready 2 Xtend soybean technology across North America, one of Monsanto’s largest and most complex trait launches. His additional roles at Monsanto included global corn technology lead, global oilseeds technology lead and global soybean breeding lead, among others.

    Photo: Jacub Jirsak
  • Kate Wang Resigns from RLX Committees

    Kate Wang Resigns from RLX Committees

    Ying (Kate) Wang (Photo: RLX Technology)

    Ying (Kate) Wang has resigned as a member and the chairperson of the compensation committee and the nominating and corporate governance committee of RLX Technology’s board of directors to help the company comply with the relevant New York Stock Exchange’s listing requirements on board committees’ independence.

    Wang is the co-founder, chairperson of the board of directors and CEO of RLX Technology’s.

    Going forward, the compensation committee and nominating committee will be composed entirely of independent directors, namely Zhenjing Zhu and Youmin Xi, RLX Technology announced in a press note. Concurrent with Wang’s resignation from the compensation committee and the nominating committee, Xi was appointed as the chairperson of the nominating committee and the chairperson of the compensation committee.

  • FDA Denies Market Access to Myblu

    FDA Denies Market Access to Myblu

    Photo: Alex Kalmbach

    The U.S. Food and Drug Administration issued marketing denial orders (MDOs) to Fontem US for several Myblu electronic nicotine delivery system (ENDS) products after determining their applications lacked sufficient evidence to show that permitting the marketing of these products would be appropriate for the protection of the public health.

    According to a notice published on the FDA’s website, the currently marketed products receiving MDOs include Myblu Device Kit, Myblu Intense Tobacco Chill 2.5% and Myblu Intense Tobacco Chill 4.0%.

    In reviewing premarket applications for tobacco products, the FDA evaluates the risks and benefits of those products to the population as a whole, including users and nonusers of the tobacco product, and considers, among other things, the likelihood that those who do not currently use tobacco products will start using those tobacco products.

    Based on the information submitted by Fontem US for these Myblu products and the available evidence, the applications lacked sufficient evidence regarding design features, manufacturing, and stability, according to the FDA. Additionally, the applications did not demonstrate that the potential benefit to smokers who switch completely or significantly reduce their cigarette use would outweigh the risk to youth, the agency said.

    Tobacco products subject to an MDO may not be offered for sale, distributed or marketed in the U.S.

  • Philippines: Illegal Cigarettes Cost Country Billions of Pesos

    Philippines: Illegal Cigarettes Cost Country Billions of Pesos

    Photo: Tobacco Reporter archive

    The Philippine government is losing about PHP26 billion in taxes annually due to illicit cigarettes, according to The Manila Bulletin.

    About 13 percent of cigarettes sold in the Philippines are illegal, stated PBA Party-List Representative Jericho Jonas B. Nograles, citing a Euromonitor International report.

    “Euromonitor estimates [that] in some areas in Mindanao, six of 10 cigarettes sold in retail are illegal,” Nograles said.

    Outside Mindanao, illegal tobacco trade is prominent in Bataan (31.6 percent), Palawan (24.8 percent), Nueva Ecija (22.2 percent) and Zambales (11.5 percent).

    In 2021, the Bureau of Internal Revenue (BIR) collected nearly PHP180 billion in excise taxes from the tobacco industry. The BIR also estimated that the government lost PHP3.8 billion in revenue from 2018 to 2021 due to illicit trade.

    Meanwhile, the Customs’ apprehensions on illicit tobacco products reported foregone excise taxes of PHP2.9 billion from 2019 to 2022.

  • EU Rules Thwart Danish Plan to Restrict Smoking

    EU Rules Thwart Danish Plan to Restrict Smoking

    Photo: Zerbor

    The Danish government’s plan to ban those born after 2010 from buying nicotine products has been blocked by the European Union’s rules, reports EURACTIV.

    The Danish government’s health reform package was introduced in March of this year but immediately faced feasibility questions.

    EU rules make it impossible for member states to ban or restrict tobacco marketing. “The ministry of health, therefore, considers that a ban on the sale of tobacco and nicotine products to people born in 2010 or later would require an amendment to the European Tobacco Products Directive,” wrote Health Minister Magnus Heunicke in a parliamentary answer earlier this week.

  • Myanmar to Implement Standardized Packaging

    Myanmar to Implement Standardized Packaging

    Photo: Taco Tuinstra

    Myanmar is set to implement the Standardized Packaging Notification that was issued by the country’s Ministry of Health Oct. 12, 2021, according to Eco-Business.

    The notification will go into effect April 10, 2022, followed by a 90-day phase out period for old tobacco packaging; old packaging must be phased out by July 12, 2022.

    New packaging must be a standardized dull dark brown color, be flat, smooth and devoid of any attractive colors, designs or decorative elements. Pictorial health warnings are required to cover 75 percent of the packaging’s front and back surfaces. Tobacco product packages include boxes, cases, cartons, etc.

    “With standardized packaging, Myanmar will be implementing a highly effective public health policy that will help denormalize tobacco use,” said Ulysses Dorotheo, executive director of the Southeast Asia Tobacco Control Alliance. “We look forward to the full and strict implementation of this regulation and call on the government to swiftly identify and penalize any tobacco company that does not comply by the April 10 deadline.”

    “Standardized packaging is a cost-effective and strategic way to discourage tobacco use; it prevents the tobacco industry from using packaging to attract consumers in a creative but deceptive way. Pictorial health warnings more effectively convey to the public the dangers of tobacco use,” said Dorotheo.

  • Study: Vape Bans Lead to More Smoking

    Study: Vape Bans Lead to More Smoking

    Photo: motortion

    A new study in Value in Health shows that local vape bans are leading to higher rates of combustible cigarette smoking, according to Filter.

    The study used state-level cigarette sales data, showing that Massachusetts had 7.5 percent higher than expected per capita cigarette sales following a full ban on nicotine vapor products. Rhode Island and Washington, which both enacted nontobacco-flavored nicotine vape bans, showed an average estimate of 4.6 percent higher than expected per capita cigarette sales.

    Researchers suggested that an additional 3.4 million cigarette packs were sold through convenience stores in those states during the three-month study period.

    The study was funded by Juul Labs.