Category: Global Regulation

  • Report: Dutch Flavor Ban is Working

    Report: Dutch Flavor Ban is Working

    According to its first evaluation, the Dutch health institute RIVM says The Netherlands’ ban on flavored e-cigarettes and vapes has been successful with one out of five vapers quitting.

    The RIVM surveyed more than 500 adolescents and young adults and more than 450 adults about their vaping. About 40% said that they have reduced their use of e-cigarettes due to the ban that took effect last year. About 22% said they stopped vaping altogether. According to the report, daily use of vapes decreased from 29 to 18%, weekly use dropped from 30 to 14%, and monthly use from 42 to 16%.

    Most consumers, according to the RIVM, who stopped vaping did not look for substitutes, such as buying flavors via the illegal market or switching to more harmful products. Those who did opt for illegal flavors mainly sourced them from physical stores in Germany.

  • Last-Second Petition Filed to Stop Flavor Ban in Denver

    Last-Second Petition Filed to Stop Flavor Ban in Denver

    One day before a flavored tobacco ban is set to go into effect in Denver, vape and tobacco store owners have filed a petition with more than 17,000 signatures asking to delay the ban so voters can decide on it in November’s election. Less than 9,500 signatures are required to get a question on the ballot.

    “It asks if the ban should be upheld and we are saying no, it should not be,” Phil Guerin, Owner of Myxed Up Creations and president of the Smoke-Free Alliance Colorado said about the potential ballot question. “Let’s let the voters decide. I feel like city council has made a lot of bad decisions when it comes to the economy and just the future of our city. We’re here to stand up for our city and stand up for what we believe in.”

    Vape store owners and manufacturers argued that city council members rushed the ban on flavored tobacco purchases as last year ended, and that the city will miss out on $13 million in annual revenue if the ban is upheld.

    According to KDVR’s Gabrielle Franklin, those against the ban would face major opposition, though, as “the City Council’s near-unanimous decision and signature into law by Denver Mayor Mike Johnston to end the sale of flavored tobacco reflect the will of our community, with over 100 organizations endorsing the measure and nearly two-thirds of Denver voters indicating their support.”

  • Bill Aims to Exempt Premium Cigars from FDA Control

    Bill Aims to Exempt Premium Cigars from FDA Control

    A bill introduced on the Congressional House floor Friday would exclude cigars from the broader “tobacco product” categorization defined by Federal Food, Drug and Cosmetic Act, thereby exempting premium, handmade cigars from FDA regulation.

    Under the new bill, premium cigars would follow the same definition Judge Amit P. Mehta recently established in the cigar industry’s lawsuit battle with the FDA. This definition of a premium cigar would include the following parameters:

    • Wrapped in whole tobacco leaf  
    • Contains a 100% leaf tobacco binder  
    • Contains at least 50% long-filler tobacco
    • Is handmade or hand-rolled
    • Has no filter, nontobacco tip, or nontobacco mouthpiece  
    • Does not have a characterizing flavor other than tobacco  
    • Contains only tobacco, water, and vegetable gum with no other ingredients or additives  
    • Weighs more than six pounds per 1,000 units.

    The Federal Food, Drug and Cosmetic Act essentially authorizes the FDA to regulate food, drugs, medical devices, and cosmetics. These broad categories ultimately include “tobacco products,” which are broadly defined in the Act as “any product made or derived from tobacco, or containing nicotine from any source, that is intended for human consumption…” H.R. 2111, being brought forth by Rep. Byron Donald, would amend this portion of the Act.

    “Back in January, the cigar industry notched yet another big victory against the FDA in the longstanding battle over regulating cigars,” Garrett Rutledge wrote for Cigar Aficionado. “The United States Court of Appeals for the District of Columbia shot down the FDA’s appeal, which sought to overturn the 2023 ruling by Judge Mehta that ruled against the FDA’s application of the Deeming Rule on the cigar industry. The ruling spared the industry from a number of draconian regulations, but it did not fully remove the FDA’s ability to regulate premium cigars. H.R. 2111 aims to take that next step in excluding premium cigars from FDA regulation.”

    “Congressman Donalds’ leadership in introducing this bill is a victory for premium cigar manufacturers, small businesses, and the countless American consumers who appreciate these handcrafted products,” says Mike Copperman, executive director of Cigar Rights of America. “This legislation is not just about regulation, it’s about preserving an industry and ensuring that premium cigars are treated fairly.”

    Donalds introduced similar legislation during the previous Congressional session, and while it gained 13 co-sponsors, it stalled in the committee stage largely due to the election.

  • EU Directive Hikes Cigarette Prices in Bulgaria

    EU Directive Hikes Cigarette Prices in Bulgaria

    Changes from the European Commission’s new directive on minimum excise duties for tobacco will drive up the price on a pack of cigarettes in Bulgaria by 2.40 leva ($1.34) beginning April 1.

    According to the draft document, the European Commission’s revised minimum excise duty on cigarettes will double to 180 euros per 1,000 cigarettes or 3.60 euros per pack. The new excise rates will be adjusted based on national price levels, with data from the European Statistical Office showing that tobacco product prices in Bulgaria are 56.6% of the EU average.

    The updated minimum excise duty for Bulgaria will be 153.96 euros per 1,000 cigarettes, translating to a tax of 6.02 leva ($3.37) per pack of cigarettes, up from the current 4.05 leva ($2.27) after the application of a 20% VAT on the new duty. The Ministry of Finance is trying to decide whether to raise the prices with a series of three incremental hikes, a sharp one-time raise, or the continuation of the current annual increase schedule.

     In addition to the April increase, there will be a further excise tax hike on tobacco products, including cigarettes, on May 1. This increase, included in the 2025 budget, is expected to generate an additional 203 million leva ($113.7 million) in 2025 and a total of 953 million leva ($533.7 million) by 2028.

  • Malaysian Officials Preparing Retailers for April 1 Ban 

    Malaysian Officials Preparing Retailers for April 1 Ban 

    Beginning April 1, Malaysian retailers will not be able to display tobacco products in open displays, but instead must keep them hidden from view in closed cabinets. Act 832, the Smoking Products Control Act for Public Health 2024, covers regulations on the registration, sale, packaging, labeling, and use of tobacco products in public places, as well as the display of them in retail outlets. The Act became law Oct. 1, 2024, but retailers were given a grace period which ends in April.

    Officials from Kuala Lumpur, Penang, and Selangor have been communicating with retailers about the upcoming change in enforcement.

    “Since Act 852 came into effect, the Health Department has visited retail shops selling cigarettes and tobacco products,” said Kuala Lumpur mayor Datuk Seri Maimunah Mohd Sharif. “They have provided explanations and announcements to the sellers, such as at convenience stores.”

    Penang health committee chairman Daniel Gooi Zi Sen said the state Health Department will monitor stalls to ensure they don’t display smoking products at retail outlets.

    “Individuals can be fined from RM500 up to RM30,000 ($112 to $6,750), while organizations may be slapped with up to RM300,000 ($67,500) in fines, or jailed,” he said. “Retailers can only use designated signboards to show the availability of cigarette or vaping products and the prices. Certain specialized stores are allowed to display smoking products, but must prominently feature warning signs.”

  • Switzerland Continues Tobacco Advertising Debate

    Switzerland Continues Tobacco Advertising Debate

    In 2022, the Swiss people voted to ban “all forms of tobacco advertising accessible to children,” and today the government is closing in on the details of what exactly that entails as it pertains to print media, events, and sponsorships. The Senate called for relaxations of the original law, which the House agreed to and expanded, sending it back to the Senate for its approval.

    The House decided that advertising would be banned in the print media unless it is in an inside section of a publication that is sold mainly through subscription and has a readership of at least 98% adults. It also decided advertising would be permitted for events and sponsorships providing that the materials are neither visible nor accessible to minors.

    Lawmakers also decided to allow tobacco sales by mobile vendors in places accessible to the public that may be frequented by minors, provided that it is guaranteed that the advertising is neither visible nor accessible to minors. The Senate did not consider it necessary to restrict this activity.

  • FDA Says it Prevented 444,000 Youth from Using E-Cigs Last Year

    FDA Says it Prevented 444,000 Youth from Using E-Cigs Last Year

    Today, a study co-authored by U.S. Food and Drug Administration scientists was released showing the agency’s youth e-cigarette prevention campaign, “The Real Cost,” successfully reduced e-cigarette use among youth. The campaign, which launched in 2018 under the leadership of President Trump, was found to have prevented an estimated 444,252 American youth (age 11 to 17 at study recruitment) from starting to use e-cigarettes between 2023 and 2024.

    Published in the peer-reviewed scientific journal American Journal of Preventive Medicine, the study found evidence that the campaign contributed to the nearly 70% decline in e-cigarette use among American youth that has occurred since 2019. According to the National Youth Tobacco Survey, the number of U.S. middle and high school students who currently use e-cigarettes has declined from 5.38 million in 2019 to 1.63 million in 2024, the lowest level in a decade.

    “As part of our work to Make America Healthy Again, we must ensure that children have a healthy start in life,” said Acting FDA Commissioner Sara Brenner, M.D., M.P.H. “This includes taking evidence-based actions to prevent youth tobacco product use.”

    Data from the evaluation, which followed a nationally representative sample of U.S. youth over time, showed that viewing ads from “The Real Cost” lowered chances that youth who had never used an e-cigarette would later initiate use. The survey collected information on how frequently youth were exposed to “The Real Cost” campaign and which youth went on to try e-cigarettes, among other variables.

    “Adolescence is a critical period for prevention efforts because most adults who use tobacco products begin using them in their teenage years,” said Brian King, Ph.D., M.P.H., director of the FDA’s Center for Tobacco Products. “Youth tobacco prevention campaigns not only work, but they are also a cost-effective approach to protecting young people from a lifetime of nicotine addiction.”  

    “The Real Cost” Youth E-cigarette Prevention Campaign uses a variety of marketing tactics and creative advertising to reach youth. Advertising and prevention materials are delivered across communication channels relevant to teens, including digital and streaming platforms, social media and gaming platforms. The agency’s activities also include compliance and enforcement actions across the supply chain – in coordination with federal partners using their unique authorities – to ensure that those that make, distribute or sell illegal tobacco products are held accountable to the law.

  • Dutch Propose Raising Nicotine Purchasing Age to 21

    Dutch Propose Raising Nicotine Purchasing Age to 21

    The minimum age for purchasing cigarettes, vapes, and other nicotine products in the Netherlands could increase from 18 to 21, according to a new proposal published by the Ministry of Health on Wednesday (March 12). The Cabinet is also considering the introduction of higher fines for those caught selling vapes illegally and would include measures to reduce the number of places where vapes can be purchased and to require them to be sold in plain packaging.

    According to NL Times, the announcement comes as the Netherlands has seen an increase in the number of young people vaping in recent years. In 2023, almost a quarter of young people between 12 and 16 years old had tried vaping. “The presence of nicotine makes vapes highly addictive. This is not surprising: nicotine is the most addictive drug in existence after heroin and crack,” the ministry said, citing a report from health institute RIVM.

    According to the proposal, the €1,300 first-offense fine for selling vapes online would be increased substantially. Although flavored products are banned and it is illegal to sell tobacco products online, the market is flourishing.

    Vincent Karremans , the Dutch State Secretary for Youth, Prevention and Sport, announced the proposal as part of a larger plan to achieve a smoke-free and nicotine-free generation by 2040. He said the government will increase resources for law enforcement to crack down on the illegal vape trade and will launch a communication campaign in 2025 to educate parents about the dangers of vaping. Karremans wants to earmark €3 million for this purpose.

  • Kentucky Retailer License Bill Passes House

    Kentucky Retailer License Bill Passes House

    With Wednesday’s House vote of 82-11 on S.B. 100, Kentucky moved a step closer to forcing retailers who sell nicotine to have a license. The House made some changes to the bill that the Senate approved in February —that the Senate will have to vote on — but kept the licensing requirements laid out by Sen. Jimmy Higdon in place.

    Under the bill, Kentucky would license all retailers who sell tobacco and vape products, giving the Department of Alcoholic Beverage Control inspection and enforcement powers over them, similar to those it exercises over alcohol retailers. It would also fine retailers who sell nicotine products to minors and give half the money collected in fines to a youth prevention program.

  • Report: 200 Influencers Illegally Promoted Nicotine in France

    Report: 200 Influencers Illegally Promoted Nicotine in France

    More than 200 social media influencers have illegally promoted nicotine products from tobacco companies to millions of people in the last five years, according to a report from the French Alliance Against Tobacco (ACT). Promoting tobacco products in France was outlawed in 1991 and expanded in 2016. In 2023, a new French law specified that online influencers cannot directly or indirectly promote nicotine products.

    The ACT report, however, found that such content had been promoted by 229 French-speaking influencers who participated in competitions, events, and partnerships with nicotine companies, reaching 24 million people since 2019. Most of the influencers had between 1,000 to 20,000 followers, allowing the companies to “promote their products in a subtle and indirect way,” the report said.

    An example cited in the report said Imperial Brands invited 52 influencers to festive events to promote a product containing nicotine.

    “It is unacceptable that the tobacco industry continues to circumvent the law to promote its products on social media, with complete impunity,” Marion Catellin, the director of ACT, said. “Their goal is not to create a ‘smoke-free world,’ but to attract young people and make them addicted to nicotine.”