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Category: Global Regulation

  • Hong Kong: Bill Would Strengthen Tobacco Control, Hurt Pubs

    Hong Kong: Bill Would Strengthen Tobacco Control, Hurt Pubs

    Hong Kong Secretary for Health Lo Chung-mau said an amendment bill to strengthen tobacco control will be submitted to the Legislative Council in April that would impact virtually every product, all on different timelines. He said a potential ban on flavored non-menthol-flavored cigarettes could begin as early as next year, with menthol-favored-cigarettes then following, but with no specific timeline given.

    “Menthol cigarettes have a longer history, which is why we hope the policy can be implemented gradually,” Lo said, pointing out that 40% of smokers use flavored cigarettes and of those more than 50% use menthol. “We want to start with non-menthol as a pilot.

    “We’ve seen significant opposition [about the flavor ban], especially from tobacco companies, which shows that this hits their core interests.”

    The bill would extend the flavor ban to water pipes and also include increased penalties for illegal tobacco, updated rules cigarette labeling rules, and new rules for travelers with tobacco. Lo also said that e-cigarettes, which have been banned from import and sale since 2022 but can still be owned, may be facing a complete ban by mid-2026.

    The Long Term Tobacco Policy Concern Group polled 514 customers at popular nightlife districts in Hong Kong recently and found that 80% of bar-goers would have less desire to frequent pubs if a flavor ban was put in place, and that 70% would consider patronizing establishments on the mainland instead. Pub operators predicted a 30% loss of patrons if the government proposal was approved.

    “This is pulling out the last straw in such a terrible situation,” said Ben Leung Lap-yan, charter president of the Licensed Bar and Club Association of Hong Kong, which represents more than half of the city’s 1,300 licensed venues. “Should so many measures be put forward in the current poor economic environment in such a tough and aggressive way?”

  • Korean Bill Stalls in Defining “Tobacco”  

    Korean Bill Stalls in Defining “Tobacco”  

    Today (February 10), a bill in South Korea that includes liquid-type electronic cigarettes in the legal definition of “tobacco” did not pass the Economic and Financial Subcommittee of the National Assembly. Some members raised concerns about the credibility of the government’s findings, noting that synthetic nicotine is harmful, similar to existing tobacco products, and opposed the bill. There were also arguments that decisions should be deferred considering the survival rights of the liquid tobacco industry.

    The main point of the amendment is to expand the definition of “legal tobacco” to include liquid-type electronic cigarettes that use synthetic nicotine as a primary ingredient. Under current law, tobacco is defined as “the leaves of the tobacco plant.” Electronic cigarettes containing synthetic nicotine are not classified as legal tobacco.

    The issue, critics say, is that liquid-type electronic cigarettes have a similar addictive quality to existing tobacco products and are effectively used as tobacco, however, because of the legal definition question, they escape various regulations and taxation.

    Last December, the Economic and Financial Subcommittee held a public hearing related to the amendment of the Tobacco Business Act where both ruling and opposition party members reached a consensus that liquid-type electronic cigarettes should be regulated legally as if they were tobacco. However, in a closed-door meeting later that day, differing concerns were raised regarding the government’s findings.

    “There is a consensus among ruling and opposition party members to define and regulate liquid-type electronic cigarettes as tobacco,” one of the members of the Economic and Financial Subcommittee said. “However, additional discussions are needed on how to flexibly apply the Tobacco Business Act considering the survival rights of sales vendors.”

  • Nepal Goes All-In on Health Packaging

    Nepal Goes All-In on Health Packaging

    The Global Tobacco Treaty (formally called the World Health Organization Framework Convention on Tobacco Control or WHO FCTC) called on governments to implement strong pictorial health warnings to “help save lives from deadly tobacco.” Nepal took that to heart, announcing that beginning August 17, all cigarette packs will be required to have 100% pictorial health warnings on both the front and back of the packaging.

    Since 2014, Nepal had 90% graphic health warnings on both sides of its packaging, the most in the world behind only Timor-Leste and Turkiye, which both had 85% coverage on the front and 100% on the back. In August Nepal will move to No. 1.

    “Nepal has set a global benchmark by adopting 100% pictorial health warnings on tobacco packaging,” said Dr. Tara Singh Bam, Asia Pacific Director (Tobacco Control) Vital Strategies. “This policy is a powerful tool to prevent smoking among youth and children, encourage tobacco users to quit, and raise public awareness about the dangers of tobacco use. It is a highly cost-effective intervention that not only saves lives and reduces healthcare costs, but also helps to denormalize tobacco in our communities. This remarkable achievement is a testament to the strong political commitment and timely actions of the Ministry of Health and Population, Nepal.”

  • Philippines: Tobacco Orgs Backing Tax Moratorium

    Philippines: Tobacco Orgs Backing Tax Moratorium

    Seeking a “sweet spot,” the Philippines’ government is considering a moratorium on tobacco excise tax hikes in order to curb illicit trade and protect its revenue. Currently, the excise tax is P60 ($1.03) per pack and grows 5% annually. A pack of illicit cigarettes can be purchased for P40 ($0.69) per pack, less than the tax itself.

    According to the Food and Nutrition Research Institute, smoking in the country increased from 18.5% in 2021 to 23.2% in 2023. Over the same period, illicit cigarettes increased 13.6% to 19.8%. Despite the increase in smoking, the Bureau of Internal Revenue has watched its collected excise taxes steadily decline each year, going from P176.48 billion ($3 billion) in 2021 to P134 billion ($2.3 billion) last year, P51 billion below budget.

    “Illicit trade thrives due to the availability of untaxed cigarettes sold at a fraction of legitimate products,” said Jericho Nograles, president of the Philippine Tobacco Institute (PTI). “Legal cigarettes are up to five times more expensive than their illicit counterparts.”

    Both the PTI and the National Tobacco Administration (NTA) supported the tax moratorium for 2026, saying it is a “practical” and “targeted” solution against illicit cigarette trade.

    “By pausing the excise tax increase for 2026, we can temporarily stabilize the market and reduce the price disparity between legitimate and illicit cigarettes,” NTA administrator and CEO Belinda Sanchez said. “This pause will help legitimate manufacturers regain competitiveness, which is crucial to restoring demand for locally produced tobacco leaf for local consumption.

    “The widening gap between the prices of legitimate and illicit cigarettes, aggravated by successive excise tax increases, has incentivized the proliferation of smuggled and counterfeit products.”

    While the moratorium has been discussed for some time, the House of Representatives recently passed on second reading House Bill 11360, which would replace the moratorium and instead impose lower tax rates on tobacco products, proposing a schedule where the excise tax is raised 2% in even-numbered years and 4% in odd.

    Pointing to the billions they are losing in revenue, Department of Finance Secretary Ralph Recto said they are open to all proposals and “hopes the government can find a sweet spot.”

  • Thailand: Despite Ban, Vaping Surges with Teens

    Thailand: Despite Ban, Vaping Surges with Teens

    Thailand’s government is being urged not to legalize e-cigarettes, citing the example of the Philippines, where it has led to increased smoking, a rise in the illegal tobacco trade, and reduced tax revenues. Despite being banned in 2014, e-cigarettes are abundantly available in the country, and the government is presumably missing out on significant tax revenues.

    Numerous organizations banded together at a parliament committee meeting hoping to make this a national agenda item, pointing to the drastic rise in youth use as a catalyst, saying there has been a tenfold increase in young vapers in just one year. Citing a 2022 e-cigarette report, Senate committee chair Varapas Phaiphannarat said the number of e-cigarette users aged 15 to 24 increased from 24,050 to 269,533. She also said 43% of primary school students aged nine to 12 had already tried e-cigarettes,

    “These figures indicate a serious public health crisis that threatens the well-being and future of Thai youth,” Varapas said.

  • Osaka Tightens Smoking Regs Around World Expo 2025

    Osaka Tightens Smoking Regs Around World Expo 2025

    Last week the city of Osaka imposed a smoking ban on public streets in an attempt to be more “visitor friendly” ahead of this year’s World Expo 2025 being held in Japan. Held every five years in different locations, more than 160 countries are expected to participate in this year’s six-month-long event, however, ticket sales are currently about half of what was expected.

    “We want to welcome many people from all over the world, so we want to make Osaka a city where people feel safe with smoke-free streets,” mayor Hideyuki Yokoyama said.

    Smoking was previously banned in six zones of the city, including the area around Osaka station, the hub of the event, and in restaurants larger than 100 square meters. The ban has now been expanded to the entire city and restaurants larger than 30 square meters, save for designated smoking areas. Violators will face a 1,000 yen ($6.40) fine.

    The bans are similar to those implemented by Tokyo in advance of the 2018 Olympics.

    In addition to Japan owning a one-third stake in Japan Tobacco, the world’s third-largest tobacco company, the country also makes about around two trillion yen ($13 billion) in cigarette tax revenue annually.

  • U.K. Stores Debate Definition of “Tobacco Product”

    U.K. Stores Debate Definition of “Tobacco Product”

    Sainsbury’s and Morrisons, the second and fifth largest supermarket chains in the U.K. respectively, are being accused by the Chartered Trading Standards Institute (CTSI) of displaying ads for “tobacco products” in their stores, a violation of a law passed in 2002.

    Video screens and posters at the stores promote devices that deliver nicotine by heating tobacco rather than burning it, products that the two stores say are not covered under the advertising law.

    Previously, Japan Tobacco International, which makes heated devices, said the 2002 law defines a tobacco product “as something that is smoked, sniffed, sucked, or chewed,” and because heated tobacco products do not produce smoke, they aren’t covered by that definition. The supermarkets used the same argument, with a statement from Morrisons saying, “On that basis, we are comfortable that it is legal for heated tobacco products to be advertised in store.”

    CTSI says the issue has never been tested in court, so it cannot say conclusively that running the ads is illegal.

    “The only people who can definitively test it are the courts,” said Kate Pike, lead officer for tobacco and vaping at CTSI. “Now the courts are chocka. Trading Standards is very stretched, and I think that’s probably the reason why you’re seeing more and more of these ads.”

    A spokesperson for the government would not weigh in on the current debate but said a forthcoming bill would expand the ban to all advertising of nicotine and tobacco products including nicotine pouches and vapes.

    “This government’s landmark Tobacco and Vapes Bill will enhance existing legislation, including on advertising, and put us on track for a smoke-free UK,” the spokesperson said.

  • Denmark Goes All-In on Action Plan

    Denmark Goes All-In on Action Plan

    Health concerns are growing in Denmark as a reported 36% of people between the ages of 15 and 29 use at least one tobacco or nicotine product. To combat this, Denmark has enacted the entirety of a 30-point action plan aimed at protecting youth from using nicotine products and alcohol. The original plan was proposed in November 2023 and implementation of about half its point began in April 2024. The final 16 measures were recently approved and are beginning to be implemented.

    Some of the new measures include:

    • Penalties for selling tobacco and nicotine products that are illegal to market in Denmark and for selling tobacco, nicotine products, and alcohol to minors are being increased, with fines starting from €6,700.
    • The Danish Safety Technology Authority can permanently confiscate illegal tobacco and nicotine products without a court order.
    • In some situations, the authority can temporarily deprive retailers of the right to market tobacco and nicotine products.
    • The authority can use fictitious profiles and go undercover to search for sellers or ads marketing illegal goods on social media.
    • Beginning in July, appealing flavors—defined as tobacco or menthol—and scents in tobacco substitutes, such as nicotine pouches, will be banned.
  • FDA Tobacco Case Heads to Supreme Court

    FDA Tobacco Case Heads to Supreme Court

    The Supreme Court will hear oral arguments on Tuesday in a clash between RJR Vapor and the U.S. Food and Drug Administration (FDA) centered around the rules in which the FDA can be challenged in court. The FDA argues that the Tobacco Control Act allows cases to be argued in one of three areas: in the D.C. Circuit, in the place where the plaintiff resides, or in the place where it has its principal place of business. RJR Vapor, a subsidiary of British American Tobacco based in North Carolina, however, is trying to challenge the FDA in the conservative U.S. Court of Appeals 5th Circuit based in Louisiana.

    RJR Vapor filed a petition for review along with Avail Vapor, a Texas retailer, and by a trade association for Mississippi gas stations and convenience stores that sell RJR Vapor’s products— states that reside in the 5th Circuit. RJR’s North Carolina home resides in the 4th Circuit, which had previously turned their appeal against the FDA denial of applications aside. The 5th Circuit, however, previously ruled against the FDA denials, saying the government agency was sending companies on “a wild goose chase.”

    RJR Vapor and the retailers argue the law states “any person adversely affected” can challenge the FDA, to include retailers within the 5th Circuit trying to sell RJR Vapor’s popular menthol-flavored Vuse brand e-cigarettes who could potentially go out of business. In 2016, the FDA rejected RJR Vapor’s application, saying the product would not be “appropriate for the protection of the public health.”

    The FDA argues that its rulings are “always or nearly always” regulating the manufacturer and that any effects on retailers are indirect and thus irrelevant, and that allowing this case in the 5th Circuit would allow “ready evasion” and create incentives for “forum-shopping.” The FDA contends the stakes are high in this case, as the 5th Circuit’s previous ruling would allow manufacturers to get around federal restrictions and cherry-pick the courts where its cases would be heard.

    The FDA approached the Supreme Court, and in October 2024, it agreed to hear the case. RJR Vapor argues the Supreme Court doesn’t have the authority to rule over “non-final” cases like this one to begin with, and wants the case dismissed without decision.

  • FDA Authorizes 20 ZYN Pouch Products

    FDA Authorizes 20 ZYN Pouch Products

    Today, the U.S. Food and Drug Administration (FDA) authorized the marketing of 20 ZYN nicotine pouch products through the premarket tobacco product application (PMTA) pathway following an extensive scientific review. This is the first time the agency has authorized products commonly referred to as nicotine pouches, which are small synthetic fiber pouches containing nicotine designed to be placed between a person’s gum and lip. 

    The FDA determined that the specific products receiving marketing authorization met the public health standard legally required by the 2009 Family Smoking Prevention and Tobacco Control Act. This standard considers the risks and benefits of products to the population as a whole.

    “As a public health scientist and former Director of the Office of Science at FDA’s Center for Tobacco Products, I couldn’t be more excited for public health with FDA’s decision today,” Matt Holman, vice president of U.S. Scientific Engagement and Regulatory Strategy at PMI said on X. “Authorizing products that can help the nearly 30 million smokers in the United States switch to a better form of nicotine has the potential to save countless lives.”

    Among several key considerations, the agency’s evaluation showed that, due to substantially lower amounts of harmful constituents than cigarettes and most smokeless tobacco products, such as moist snuff and snus, the authorized products pose a lower risk of cancer and other serious health conditions than such products. The applicant also provided evidence from a study showing that a substantial proportion of adults who use cigarette and/or smokeless tobacco products completely switched to the newly authorized nicotine pouch products.

    “To receive marketing authorizations, the FDA must have sufficient evidence that the new products offer greater benefits to population health than risks,” said Matthew Farrelly, Ph.D., director of the Office of Science in the FDA’s Center for Tobacco Products. “In this case, the data show that these nicotine pouch products meet that bar by benefiting adults who use cigarettes and/or smokeless tobacco products and completely switch to these products.”

    Additionally, the FDA found that the applicant showed these nicotine pouch products have the potential to provide a benefit to adults who smoke cigarettes and/or use other smokeless tobacco products that is sufficient to outweigh the risks of the products, including to youth. As part of its evaluation, the FDA reviewed data regarding youth risk and found that youth use of nicotine pouches remains low despite growing sales in recent years. For example, the 2024 National Youth Tobacco Survey showed that 1.8% of U.S. middle and high school students reported currently using nicotine pouches.

    “It’s critical that the manufacturer market these products responsibly to prevent youth use,” said Brian King, Ph.D., M.P.H., director of the FDA’s Center for Tobacco Products. “While current data show that youth use remains low, the FDA is closely monitoring the marketplace and is committed to taking action, as appropriate, to best protect public health.”

    While today’s actions permit these specific tobacco products to be legally marketed in the U.S. to adults 21 and older, it does not mean these tobacco products are safe, nor are they “FDA approved.” There is no safe tobacco product; youth should not use tobacco products and adults who do not use tobacco products should not start. 

    The FDA will closely monitor the marketing and use of these products. To reduce the potential for youth exposure to advertising of these products, the authorizations impose stringent marketing restrictions for digital, television, and radio, including measures to ensure ads are carefully targeted to adults ages 21 and older and the demographics of the audiences reached by the ads are tracked and measured by the manufacturer. The company also stated that they intend to implement additional measures to restrict youth access, reduce youth appeal, and limit youth exposure to their labeling and advertising, such as: not using mass-market advertising on radio and TV; employing actors/models for marketing that are no younger than 35 years old, or styled to appear under 35; and avoiding any content designed to target youth, including characters, images or themes. The agency may suspend or withdraw a marketing granted order issued under the PMTA pathway for a variety of reasons if the agency determines the continued marketing of a product no longer meets the necessary public health standard, such as if there is a notable increase in youth initiation.

    The products for which the FDA issued marketing granted orders are the following, each with two nicotine strengths (3 milligrams and 6 milligrams): ZYN Chill, ZYN Cinnamon, ZYN Citrus, ZYN Coffee, ZYN Cool Mint, ZYN Menthol, ZYN Peppermint, ZYN Smooth, ZYN Spearmint and ZYN Wintergreen. Importantly, today’s actions are specific to these products only; the authorizations do not apply to any other nicotine pouch or other ZYN products. Additionally, the authorization does not allow the company to make reduced-risk claims about the authorized products, which would require a modified-risk tobacco product application.

    Today’s actions are the latest of many the FDA has taken to ensure all new tobacco products marketed in the U.S. undergo science-based review and have received marketing authorizations by the agency. To date, the FDA has received applications for nearly 27 million products and has made determinations on more than 26 million of those applications. This includes authorization of other flavored oral tobacco products, including nicotine mints and chews in 2021 and mint smokeless tobacco in 2015. To find a list of tobacco products that may be legally marketed and sold in the U.S., visit the FDA’s Searchable Tobacco Products Database.