R.J. Reynolds Tobacco Co. (RJRT) has filed a lawsuit against California state officials, including Attorney General Robert Bonta, in response to the Attorney General’s issuance of several Notices of Determination that allege certain Camel and Newport cigarettes styles are “presumptively” flavored based on their promotional materials. The lawsuit, filed in California state court, seeks declaratory and injunctive relief, including that the notices be rescinded.
In a press note, RJRT said it stands by its new products and believes that they comply with California state law and therefore can continue to be sold. Before introducing the products for sale, RJRT followed all applicable pre-market regulatory requirements.
According to RJRT, the new Camel and Newport styles do not impart a distinguishable taste or aroma other than tobacco and are marketed to clearly indicate that they are non-menthol. The California Attorney General’s Notices do not acknowledge the fact that RJRT’s new product introductions are prominently labeled and marketed as non-menthol.
“Reynolds has repeatedly called on enforcement officials in California to take action to combat the flood of illegal, unregulated, disposable vapes in kid-friendly flavors like Watermelon Bubble Gum and Rainbow Candy that are being shipped into the state’s ports from unknown origins,” RJRT wrote. Prioritizing enforcement of these illicit vapor products, rather than focusing on compliant products, would better serve Californians.”
California Attorney General Rob Bonta has warned R.J. Reynolds Tobacco Co. and ITG Brands that their menthol-like flavored cigarettes violate the state’s new law prohibiting sales of flavored tobacco products, including menthol cigarettes.
“The Tobacco Unit of the California Department of Justice has reviewed referred packaging and promotional materials for several of your company’s products—Camel Crush Oasis Silver, Camel Crush Oasis Blue, and Camel Crush Oasis Green and determined that each of these reviewed products is presumptively flavored under the California flavor ban law,” Bonta wrote in letters to Reynolds.
Following the enactment of California’s flavor ban, Reynolds and ITG Brands introduced cigarettes with a cooling flavor similar to that provided by menthol cigarettes. The products have been marketed with slogans such as “tropical oasis,” “new fresh taste” and “a taste that satisfies the senses.”
According to RJR, its new products don’t violate California law because they don’t have a distinguishable taste or aroma other than tobacco. California law defines a flavored tobacco product as any product that has a “distinguishable taste or aroma, or both, other than the taste or aroma of tobacco, imparted by a tobacco product or any byproduct produced by the tobacco product.”
The Campaign for Tobacco-Free Kids applauded Bonta’s actions. “Policymakers at every level must stand up to the tobacco industry by adopting and fully enforcing measures to end the sale of all flavored tobacco products, including menthol cigarettes,” wrote CTFK President Matthew L. Myers in a statement.
State legislators approved California’s law prohibiting flavored tobacco sales in 2020 and the ban was upheld by 63 percent of the state’s voters in 2022.
Zinwi Biotech, a major Chinese e-liquid manufacturer, has announced it will bring its Good Flavor products to the UK Vaper Expo from May 12 – 14 in Birmingham. Attendees of the occasion will have the opportunity to witness firsthand Zinwi’s Good Flavor and will be able to customize their own flavors during the event.
“Zinwi’s products are known to be equivalent to three keywords in the industry: high return to flavor, high smoothness and high stability,” stated to a Zinwi spokesperson. “The primary reason behind the ‘high return to flavor’ characteristic is the stringent fragrance selection process.”
The “high return to flavor” concept is the requirement that each component of Zinwi’s e-liquids to have the highest levels of quality and purity. One of the most important components of an e-liquid is fragrance and the fragrance selection process begins in Quality Control where Zinwi analyzes a fragrance’s physical and chemical indicators and the legality of the components used, according to the spokesperson.
“It is then followed by our sensory evaluation team to evaluate the richness and purity level of the fragrances,” the spokesperson said. “The samples and the finished products will then be evaluated by Quality Control to ensure the highest level of quality of the e-liquid after the fragrances have been added to the products in the testing and manufacturing stage.”
Another reason Zinwi’s e-liquid has an enhanced flavor profile is the company’s Atomization Technology Research Center, which has self-developed nicotine salts and the sweeteners used in the e-liquids to ensure the highest quality of those components of the e-liquid formula, according to the spokesperson.
“Nicotine salt has been delicately developed taking into close consideration the stirring time, the temperature, and the amount of nicotine added in combination with other components such as benzoic acid. The diverse range of sweeteners are also developed to match different vaping devices, for example, different puff-range disposable devices and ceramic core vaping devices,” the spokesperson explained.
“Sweeteners can easily affect the flavor either to be ‘too sweet’ or ‘not enough sweet.’ Having a diverse range of sweeteners can avoid the “too sweet” or “not enough sweet” challenge and help the finished products to maintain the ‘high return to flavor’ characteristic.”
Additionally, Zinwi’s flavoring team are some of the most experienced in the industry. Apart from flavorist’s own flavoring experiences, Zinwi’s flavoring team together has created over 50, 000 formulas, and hundreds more are added every day on average.
“Zinwi’s good flavor products are not attributed by one single factor,” said the spokesperson. “It is the combined factors including the raw materials selection, the self-developed e-liquid components such as nicotine salts and sweeteners, the quality control procedures and the well-trained flavoring team that guarantee the good flavor.”
Established in 2016 and headquartered in the Guangming District of Shenzhen, China, Zinwi Biotech is a high-tech company that specializes in providing integrated e-liquid solutions including R&D, production and sales services to global e-cigarette manufacturers and brands. Due to its strong R&D capabilities, stringent quality control procedures and premium client network, Zinwi has become the world’s leading integrated e-liquid solutions provider.
Recent claims by health advocates blaming flavored e-cigarettes for the rise in youth vaping are unfounded and lack proper context, according to the Canadian Vaping Association (CVA). The real issue, according to the advocacy group, is the lack of enforcement of the illicit trade and individuals buying for minors.
“The CVA stands by its position that flavors are not the cause of youth vaping,” the CVA wrote in a statement. “The problem is the sale of vaping products to minors through the black market and straw sale. The industry has taken a proactive approach by implementing stringent age verification measures for our membership and [is] actively working with law enforcement to prevent such sales.”
“I will be reaching out to all the health advocacy groups to extend an invitation to form a working group. Our intention is to work together to address these complex issues and find practical and enforceable solutions. Canadians deserve to have all stakeholders working together for the betterment of public health,” said Darryl Tempest, government relations counsel to the CVA board.
The CVA believes that policies must be evidence based and consider the interests of all stakeholders. The CVA encourages health organizations to work with industry leaders and regulatory bodies to find common sense policies that will protect youth while supporting the health outcomes of adults battling addiction.
R.J. Reynolds has threatened to sue several small vape shops in New Jersey and Alabama if they continue selling favored vaping products.
Letters sent by Reynolds and obtained by STAT warn the retailers that failure to comply could result in “legal action and the costs, attorneys’ fees and adverse publicity.”
The letters also warn that the shops are violating local laws regulating the sale of flavored tobacco.
The New Jersey letter copied the county prosecutor where the vape shop is located in an apparent attempt to notify the local authorities of the violation.
The letters are the latest step in Reynolds’ campaign to force a crackdown on illegal vaping products.
In the article, Clive Bates, a tobacco harm reduction advocate, criticized Reynolds.
“I do not think Reynolds should be hounding vape shops for selling lifesaving products to their regular customers,” Bates wrote in an email to STAT. “It should not be picking on little guys but pressing federal bureaucracies to do their job and do it better.”
In February, Reynolds affiliate RAI Services Co. submitted a citizen petition asking the U.S. Food and Drug Administration to adopt a new enforcement policy directed at flavored “illegally marketed disposable electronic nicotine-delivery system” products.
The petition was filed on Feb. 6 and posted by the FDA to Regulations.gov for public comment on Feb. 8.
R.J. Reynolds Tobacco Co.’s (RJR) “California compliant” cigarettes, which contain an artificial, flavorless cooling chemical, have proven a big hit among smokers in the wake of the state’s ban on menthol cigarettes and other flavored tobacco products, according to an article in Politico.
By March, sales of the new cigarettes were on track to replace nearly half of the menthol sales compared to last year, according to an expert cited by Politico who tracks cigarette sales trends.
RJR sold 2.8 million packs of Camel-branded menthol cigarettes and 2 million packs of Newport-branded menthol cigarettes in California in March 2022, according to Alex Liber, an assistant professor in the department of oncology at Georgetown University’s School of Medicine who studies tobacco sale trends.
This year, the company sold 1.4 million “California compliant” Camel branded cigarette packs and about 800,000 “California compliant” packs of its Newport brand.
According to RJR, the new products don’t violate California law because they don’t have a distinguishable taste or aroma other than tobacco. California law defines a flavored tobacco product as any product that has a “distinguishable taste or aroma, or both, other than the taste or aroma of tobacco, imparted by a tobacco product or any byproduct produced by the tobacco product.”
Some of RJR’s new products, like the Camel Crisp, contain a lab-made chemical called ethyl menthane carboxamide, or WS3. That chemical has less of the minty odor than menthol, but it provides the same cooling, soothing sensation as conventional menthol cigarettes.
Other new “California-compliant” cigarette products don’t list WS3 as an ingredient. The company considers many of its ingredients to be propriety and is required to list them only under a general description of “natural and artificial flavors.”
The success of RJR’s “mimic menthols” comes as the U.S. Food and Drug Administration prepares to ban menthol cigarettes nationwide this year.
Menthol cigarettes make up nearly 40 percent of U.S. cigarette sales and are particularly popular in minority communities, with an estimated 90 percent of Black smokers using menthol products.
The California Department of Public Health said it is aware of the new products, but doesn’t have the power to enforce the ban.
California lawmakers have quietly shelved a proposal to ban people born after Jan. 1, 2007, from buying tobacco products, reports Jefferson Public Radio.
In February, assembly member Damon Connolly introduced a bill that would make it illegal for anyone in California who is presently 16 years old or younger to ever buy a tobacco product in that state. Vendors caught selling would risk fines of up to $6,000 and a loss of their tobacco license. The minimum age to buy tobacco products in California is presently 21, as it has been in every U.S. state since the law was changed in 2019. The proposed legislation is similar to laws passed in New Zealand and considered elsewhere, including Hong Kong and Malaysia.
Connolly’s bill struggled to attract backing, however. By mid-April, only 10 organizations, including the California chapter of the American Academy of Pediatrics, had sent letters of support to the Assembly Health Committee, where it was first set to be considered, according to an analysis prepared by the committee.
The committee reportedly suggested that phasing out tobacco sales in California was less urgent because adult and youth smoking rates are only slightly higher than half the national average. “The legislature may want to consider whether it would be more effective to focus on enforcing the flavored tobacco ban rather than engaging on a new front and attempting to prevent a product that is legal in 49 other states, as well as on sovereign tribal lands, from entering the state,” the committee wrote.
At the Assembly Health Committee hearing on April 11, Connolly accepted amendments from the committee that changed the focus of his bill. It will now authorize the California Department of Public Health and the state attorney general’s office to enforce the recently enacted flavored tobacco ban, in addition to local agencies.
The U.K. government will consider banning fruit-flavored vapes in order to combat youth usage, reports ITV News.
Public Health Minister Neil O’Brien is expected to make a speech next month calling for an investigation into the issue with the possibility of banning fruity flavors that have exploded in popularity in recent years.
In the U.K., it is illegal to sell vapes to those under 18; there are also strict limits on nicotine content, refill bottle and tank sizes as well as restrictions on advertising and labeling.
Justice Secretary Dominic Raab said the Department of Health and Social Care is exploring ways to tackle youth vaping in response to a question in the Commons.
The government is still keen to promote vaping among adults as an alternative to smoking.
By not scheduling a hearing, lawmakers in Hawaii have killed a bill proposing to ban flavored vaping and other tobacco products in the state.
Legislators had until Thursday to schedule the hearing for H.B. 551; however, the legislation failed to get voted out of a Hawaii Senate committee, meaning the bill will not move forward, according to KITV.
The bill passed the House earlier this month.
If passed, H.B. 551 would have banned the sale of flavored tobacco and vaping products effective Jan. 1, 2024.
Retailers caught violating the standard would have been fined at least $100 for a first offense and up to $1,000 for subsequent violations.
This is the latest attempt at banning flavored tobacco sales in Hawaii. Last year, the Hawaii legislature passed a flavor ban bill, but it was vetoed by the governor.
While H.B. 551 will not move forward, there’s another bill, S.B. 1447, that would remove Hawaii’s existing preemption clause regarding tobacco regulations.
This would allow counties to enact stricter laws than the state law, a way for bans on the sale of flavored tobacco and vaping products to begin.
S.B. 1447 has already passed the Hawaii Senate and is continuing to move forward in the Hawaii House of Representatives.
Students and school staff called on Minnesota lawmakers to end all flavored tobacco sales, according to PR Newswire.
Progress has stalled on the bill (SF2123/HF2177) to end the sale of menthol and all flavored commercial tobacco products in Minnesota, according to a press release. Last week, around 250 youth, parents and advocates from around the state joined Minnesotans for a Smoke-Free Generation’s Day at the Capitol and urged Minnesota lawmakers to end flavored tobacco sales.
This is the fourth year a flavored commercial tobacco sales bill has been in play at the Capitol. At a news conference, students and school staff shared how youth tobacco use, especially youth vaping, remains a huge problem in Minnesota schools.
“We’re asking lawmakers to stay focused on one of the top health problems affecting our kids: tobacco use,” said Bethlehem Yewhalawork, a program manager at NorthPoint Health and Wellness Center. “Passing a comprehensive flavor policy will prevent youth addiction and improve health for all Minnesotans.”
The 2022 Minnesota Student Survey found that over 75 percent of Minnesota’s eighth graders and 11th graders who use tobacco report using flavored products.