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Category: Global Regulation

  • Judge: Calif. Tribe Didn’t Comply with Tobacco Laws

    Judge: Calif. Tribe Didn’t Comply with Tobacco Laws

    A U.S. District Judge said the U.S. Department of Justice did nothing arbitrary or capricious when the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) blocked the Twenty-Nine Palms Band of Mission Indians from shipping cigarettes. Judge Sunshine S. Sykes said Twenty-Nine Palms was fine to sell untaxed cigarettes to other Native nation tribes, but when those cigarettes were then resold to “non-Native nation customers” without collecting California taxes it was a violation of the Prevent All Cigarette Trafficking Act.

    The tribe did not dispute that the cigarettes were resold without being taxed but instead argued that when the ATF initially put it on the non-compliance list it incorrectly listed the sale to Native-nation customers as the reason before changing it to non-Native nation customers.

    “Even if the court were to hold that ATF’s argument that the tribe’s Native nation customers violate the [California Licensing Act] were improper post-hoc legal justifications, ATF’s decision remains on solid ground,” the judge said.

    In its opposition to summary judgment, the tribe said ATF’s logic undercuts tribal sovereignty, forcing tribal nations to be subject to state laws.

    “Subjecting Indian tribes to a state-licensing scheme as a condition of doing business with their own tribal members is simply unconscionable and would violate the most basic inherent sovereign right of tribes to make their own laws and be ruled by them,” the tribe said. “ATF’s failure to consider whether the application of California law as adopted in the decision allows for tribes to conduct on reservation business with their members free of state taxation and regulation was arbitrary and capricious.”

  • FCTC Slammed for Self-Congratulatory Approach

    FCTC Slammed for Self-Congratulatory Approach

    Last week, the WHO Framework Convention on Tobacco Control (WHO FCTC) – one of the biggest United Nations treaties in history – celebrated its 20th anniversary with WHO Director-General Dr. Tedros Adhanom Ghebreyesus calling tobacco a plague on humanity.

    “Over the past two decades … global tobacco use prevalence has dropped by one-third,” he said. “The WHO FCTC has helped to save millions of lives through strengthened tobacco control measures around the world.”

    Not everyone was impressed, however, as today the Coalition of Asia Pacific Tobacco Harm Reduction Advocates (CAPHRA) condemned the FCTC for “celebrating institutional achievements whilst millions across the Asia Pacific region continue to die from preventable smoking-related diseases.”  

    “The FCTC’s self-congratulatory approach is deeply offensive to communities devastated by preventable tobacco deaths,” said Nancy Loucas, Executive Coordinator of CAPHRA. “While they celebrate incremental victories, over one billion people globally continue smoking, with the majority in low and middle-income countries across our region. Their refusal to acknowledge harm reduction alternatives is costing countless lives.” 

    CAPHRA said that despite mounting evidence supporting tobacco harm reduction, the FCTC continues to marginalize consumer advocates while maintaining policies that deny smokers access to potentially life-saving alternatives. The FCTC systematically excludes these voices from policy deliberations, dismissing their lived experiences and denying others who smoke in Asia the opportunity to access reduced harm alternatives.  

     “The FCTC’s unwillingness to evolve in the face of overwhelming evidence amounts to a human rights issue,” Loucas said. “By reducing tobacco harm reduction to an industry construct, the FCTC effectively sentences millions to preventable suffering.” 

    CAPHRA is calling on delegates of the upcoming COP11 meeting to “adopt risk-proportionate regulations that distinguish safer alternatives from deadly combustible products, subject FCTC policies to UN human rights oversight, and acknowledge the successes of countries who have embraced tobacco harm reduction in their public health policies that confirms the scientific consensus on safer nicotine products as critical harm reduction tools.” 

  • France Extends Ban to Nicotine Pouches

    France Extends Ban to Nicotine Pouches

    Two weeks after banning disposable e-cigarettes, France notified the European Commission it would ban the sale of nicotine pouches as well, joining countries that include Austria, Belgium, Germany, and Luxembourg.

    “The French decree follows in the footsteps of the decision on 13 February to ban disposable e-cigarettes,” a tobacco industry source told Euractiv. “French regulators have been monitoring developments in the new tobacco products sector. Health authorities became alarmed, and the government decided to activate the legislative levers available to it.”

    With an expected annual growth rate of 6.2%, the European nicotine pouch market could reach €1.06 billion by 2030. Europe’s 2014 Tobacco Products Directive covered all traditional tobacco-containing products and included provisions for new tobacco products, however, nicotine pouches contain no tobacco, and thus remain unregulated at the EU level.

    Tobacco and nicotine products are not on the EU’s agenda for 2025, however, the Polish Presidency Council (which sits atop the Commission along with Denmark and Cyprus until June) is looking to move forward with discussions for taxing alternative tobacco products and possibly revising the Tobacco Products Directive.

  • EU Commission to Talk Alternative Tobacco Taxes

    EU Commission to Talk Alternative Tobacco Taxes

    Tobacco tax reform is not on the EU’s agenda for 2025, however, the Polish Presidency Council (which sits atop the Commission along with Denmark and Cyprus until June) is looking to move forward with discussions for taxing alternative tobacco products, according to a non-paper seen by Euractiv.

    Unlike cigarettes, alternative products do not fall under the EU-wide excise framework. The non-paper notes that the tobacco market has undergone “dramatic changes” in recent years, with novel products like e-cigarettes, heated tobacco, and nicotine pouches rapidly gaining popularity.

    EU diplomats are scheduled to discuss the matter today as part of the working party on Indirect Taxation. Euractiv reported that sources close to the discussion confirmed that some industry players are mounting pressure on the Commission to tax new products to avoid an outright ban as their regulatory limbo drags on.

    Each country is free to make its own rules in terms of handling tobacco products. For example, France recently banned disposable e-cigarettes and this week reportedly will do the same for nicotine pouches, joining countries such as Germany, Austria, Belgium, and Luxembourg that have already done so. Other countries are looking to take it even further.

    “We don’t just need a smoke-free generation, we need a nicotine-free generation,” Estonian Health Minister Riina Sikkut said. “Many health ministers support this idea. After the pharmaceutical package, tobacco legislation should be next.”

  • Croatian Authorities Targeting Terraces

    Croatian Authorities Targeting Terraces

    Croatia allows for small hospitality venues (under 50 square meters) to designate themselves as smoking areas, while larger ones can set up ventilated smoking zones. However, authorities are suddenly waging war on smoking on enclosed terraces. Since the start of this year, Croatian authorities have carried out 389 inspections in hospitality venues and leveled 181 violations for smoking on terraces.

    For such an offense, businesses can be fined €19,908, putting extra pressure on an industry struggling to stay afloat.

    “Why all these checks now, and why such steep fines?” said Željko Pojer, president of the Požega Craftsmen’s Association and a nightclub owner. “The nightlife in Croatia has been dying for a while. A total smoking ban would bring hospitality to its knees. If a full ban comes in, most of us will have to shut down and let our staff go.”

    Last year, the European Commission floated the idea of banning smoking in outdoor spaces too, but hospitality and hotel sectors pushed back hard, and the proposal fizzled out. Pojer argues that the industry’s survival hinges on flexibility, not stricter rules.

    “When we brought in our smoking ban years ago, everyone saw it wouldn’t work,” he said. “Businesses collapsed. That’s why we got these exceptions for smoking areas.” 

  • Vape Group Files to Halt KY E-Cigarette Law

    Vape Group Files to Halt KY E-Cigarette Law

    Three vapor groups filed an injunction Friday (Feb. 21) urging the Sixth Circuit to halt enforcement of Kentucky’s new H.B. 11 law regulating vaping products while their appeal plays out. The Vapor Technology Association, E-Town Marketing & Distributing LLC and Legendary Vapes Inc. brought an action in Kentucky federal court in December alleging that H.B. 11 was preempted by the federal Food, Drug and Cosmetic Act and that Kentucky was attempting to usurp regulatory authority that belonged to the U.S. Food and Drug Administration, wrote Sam Reisman for Law360.

    The plaintiffs said that a lower district court judge erred in dismissing their suit challenging Kentucky’s law and renewed at the appellate level their effort to block the policy’s implementation, claiming it will cause them irreparable damage.

    “HB 11 continues to wreak havoc on vapor-product wholesalers and retailers in the Commonwealth,” the motion said. “Compliance with HB 11 requires removal of most (and nearly all of the most popular) products from the shelf on threat of ever-mounting penalties imposed illegally by the Commonwealth under a preempted State law.

    “HB 11 interferes with FDA’s exclusive enforcement authority and discretion by allowing the Commonwealth of Kentucky to exercise that authority,” Friday’s motion said. “This is the epitome of conflict preemption.”

    U.S. District Judge Karen K. Caldwell dismissed the action for lack of standing in January, without ruling on the plaintiffs’ bid for a temporary restraining order and preliminary injunction, according to Reisman. The plaintiffs told the Sixth Circuit on Friday that it would be “impracticable” to seek an injunction from the district court, given that the court had already tossed the suit.

    The vaping interests alleged that they were likely to succeed on the merits of their preemption challenge to H.B. 11, which bans the sale of “unauthorized” e-cigarettes in Kentucky but pegs its definition of what is “authorized” to the FDA standards.

  • France Bans Disposable E-Cigarettes 

    France Bans Disposable E-Cigarettes 

    Today (Feb25), France officially banned the sale, distribution, and free provision of pre-filled and non-refillable vaping devices. It does not apply to refillable cartridges. Previously passed unanimously by France’s Parliament on Feb. 13, the law aims to curb youth nicotine use and reduce waste, Le Parisien reported.

    Proposed by former Green Party Deputy Francesca Pasquini, the ban follows two years of legislative work, including consultations with the European Commission. Lawmakers criticized the disposable devices for targeting young consumers with sweet flavors, colorful packaging, and low prices.

    The ban comes as global concerns grow over the popularity of e-cigarettes and similar devices, which are often marketed as safer alternatives to traditional smoking.

  • Judge Pauses FDA Menthol Ban Case to August

    Judge Pauses FDA Menthol Ban Case to August

    In a two-page order, U.S. District Judge Haywood S. Gilliam granted a request filed last week jointly by both the government defendants and the public health advocates who filed the lawsuit, seeking a stay on the proceedings until mid-August. The lawsuit filed by anti-tobacco groups seeking to challenge the Food and Drug Administration’s delay to ban menthol cigarettes was paused by a federal judge in response to moves made by the Trump administration.

    Judge Haywood S. Gilliam Jr. for the US District Court for the Northern District of California issued a stay  in the case between the African American Tobacco Control Leadership Council and the FDA over whether the agency lawfully delayed a Biden-era final rule that would ban menthol cigarettes from store shelves.

    Both parties in a joint submission proposed the stay on Feb. 18.

    In late January, the FDA withdrew its proposed rules to prohibit menthol as a characterizing flavor in cigarettes and all characterizing flavors in cigars.

    “The recent withdrawal of both proposed federal flavor bans is compelling evidence that the Trump administration is taking a less aggressive rulemaking posture compared to the Biden administration,” Troutman Pepper Locke wrote on its Tobacco Law Blog. “The Office of Information and Regulatory Affairs withdrawal filings do not detail the reasoning behind the decision. However, several comments submitted during each proposed rule’s comment period detail ample justifications for withdrawing the proposals.

    “With respect to the menthol cigarette ban, industry argued that illicit markets would proliferate, fed by consumer demand for menthol cigarettes despite the proposed prohibition.”

  • NY AG Files Lawsuit Against 12 Vape Companies

    NY AG Files Lawsuit Against 12 Vape Companies

    New York Attorney General Letitia James announced a lawsuit against 12 e-cigarette manufacturers, distributors, and retailers for “their role in fueling the youth vaping epidemic.” Those named in the lawsuit are Puff Bar, MYLE Vape, Pod Juice, Mi-One Brands, Happy Distro, Demand Vape, EVO Brands, PVG2, Magellan Technology, Midwest Goods, Safa Goods, and Price Point Distributors, as well as Price Point principals Weis Khwaja, Hamza Jalili, and Mohammad Jalili.

    “These companies are responsible for illegally distributing, marketing, and selling flavored disposable vapes, which have become extraordinarily popular among minors,” James said in a statement. “The vaping industry is taking a page out of Big Tobacco’s playbook: they’re making nicotine seem cool, getting kids hooked, and creating a massive public health crisis in the process.”

    In 2020, New York banned the sale of flavored vapor products, however, the products exploded in popularity globally in the past decade and are readily available at numerous outlets. The lawsuit seeks a “disgorgement of all revenues earned as a result of illegal activity” which would translate to hundreds of millions of dollars, as well as a permanent ban on flavored vapes in New York.

    “This punitive approach undermines American entrepreneurship and ignores the public health benefits of vaping as a smoking cessation tool,” Allison Boughner, the vice president of American Vapor Manufacturers, a trade group that represents vape makers and retailers, said in a statement. “This misguided action unfairly targets legitimate American businesses that employ thousands and contribute to local economies. Our members are dedicated to offering adult smokers safer alternatives to combustible cigarettes, supporting a mission of harm reduction backed by science and millions of successful former smokers.”

    Matthew Glauser, the chief strategy officer and a co-founder of Demand Vape, one of the companies named in the lawsuit, said in a statement that the suit was “wasting New York taxpayers’ money and federal court time, which desperately need to be focused on substantive issues that truly impact our communities.”

    According to the New York Times, Tony Abboud, the executive director of another industry group, Vapor Technology Association, disputed the suit’s claim that there was a youth vaping epidemic and called on President Trump “to take bold and decisive action to end the government lawfare against the flavored vaping industry.”

  • Belgium Finds Violations in 80% of Shisha Bars

    Belgium Finds Violations in 80% of Shisha Bars

    Belgium’s  Ministry of Public Health announced yesterday that more than 80% of the nation’s shisha bars were found to have violations. Of the 131 shisha bars inspected, 106 violated the smoking ban regulation and 107 offered non-compliant tobacco products, according to L’Avenir.

    Smoking tobacco is allowed in shisha bars, but only outside or in designated smoking rooms with a smoke extraction system and restricted space, as mandated by the tobacco regulations. Non-compliant smoking rooms along with the sale of non-compliant tobacco products were reported to be the two main issues found, followed by improper tobacco labeling and illegal tobacco advertising.