Global Regulation - Tobacco Reporter

Malaysians Skeptical About Generational Tobacco Ban

Malaysians are skeptical about the effectiveness of a plan to prohibit the sale of tobacco and vapor products to those born after 2005, according to a survey by the Retail and Trade Brand Advocacy (RTBA) Malaysia Chapter that was relayed the New Straits Times.

In January, Malaysia’s health minister, Khairy Jamaluddin, said he wanted to ban smoking for the next generation of Malaysians, following the example of New Zealand, which announced a similar policy in December.

Eighty-five percent of respondents to the RTBA survey said the ban would not work and would create a black market for cigarettes and vape products. They also said that the ban would be difficult to enforce and ultimately impact Malaysia’s legal and local businesses.

“Banning is not a solution,” said RTBA Malaysia managing director Fazli Nordin. “For example, vape products containing nicotine are currently prohibited from being sold in the market. Yet there is consumer demand for vape products containing nicotine. Worst still is the tobacco black market, where Malaysia has the highest level of illegal cigarettes in the world, driven by the huge price gap between legal and illegal products.”

Nearly 1,200 Malaysians participated in the survey by RTBA Malaysia, which is a non-governmental organization that safeguards businesses from criminal conduct.

While Malaysia’s plans were inspired by New Zealand’s, they differ in that New Zealand does not plan a ban on vapor products, according to Fazli.

“Instead, the country promotes vape as a less harmful alternative and encourages New Zealanders to make the switch from traditional cigarettes,” he said.

A recent study revealed that encouraging smokers to switch to vape as a less harmful alternative would help Malaysia reduce the smoking population to 4 million by 2025.

The report estimated that such a strategy would help the country to reduce its spending on treating smoking-related diseases by MYR1.3 billion ($310.21 million) in 2025.

February 13, 2022

FDA Webinar on Pending Product Standards

The U.S. Food and Drug Administration’s Center for Tobacco Products (CTP) will hold a live webinar, titled “FDA’s Rulemaking Process and Upcoming Tobacco Product Standards,” on Feb. 10 from 2 p.m. to 3 p.m. Eastern Time.

The webinar will address the FDA’s planned tobacco product standards to prohibit menthol as a characterizing flavor in cigarettes and to prohibit characterizing nontobacco flavors in cigars; the FDA’s rulemaking process and how stakeholders can submit comments on proposed rules; and available cessation resources and tools.

The webinar will feature a presentation from the FDA’s Office of Minority Health and Health Equity, the CTP’s Office of Health Communication and Education, and the CTP’s Office of Regulations. There will also be a question-and-answer session.

The FDA will respond only to questions submitted by Feb. 4. To submit a question, please register for the webinar and complete the appropriate field on the registration form.

The FDA stresses this webinar is not intended to communicate contents of the proposed rules or details about the timeline for their release.

The webinar is live and free of charge, but prior registration is required by Feb. 9.

February 1, 2022

Philippine Vaping Bill Heads to President’s Desk

The Philippine House of Representatives and Senate have ratified a vaping bill that critics describe as too industry-friendly. The legislation will now be forwarded to President Rodrigo Duterte for his signature.

Among other provisions, the bill transfers regulatory powers from the Food and Drug Administration to the Department of Trade and Industry (DTI) and lowers the legal purchase and consumption age for vapor products from 21 to 18. The DTI is also in charge of setting technical standards for the safety, consistency and quality of these smoking alternatives.

Philippine College of Physicians (COP) President Maricar Blanco-Limpin said he was particularly concerned about the lower vaping age. “We have been telling all the legislators that making these more available at a younger age is making these e-cigarettes and heated-tobacco products more available to all, including the nonsmokers,” she told CNN Philippines.

Blanco-Limpin said vape products could lead to health concerns and the “mandate to protect the health of the country falls under the FDA, not the DTI.”

If the president signs the measure, Blanco-Limpin said the COP would consider all actions, including bringing the issue to the Supreme Court.

January 31, 2022

Thailand Explores E-Cigarette Legalization

The Digital Economy and Society (DES) Ministry set up a working group to see if electronic cigarettes can be legalized as an alternative for smokers, reports The Nation.

Asa Salikupt, from the End Cigarette Smoke Thailand (ECST) network, said the network supports DES Minister Chaiwut Thanakamanusorn’s plan to legalize e-cigarettes and hopes the working group will be transparent, listen to public opinions and allow e-cigarette users to provide information.

“We believe the legalization of e-cigarettes will help Thailand achieve the goal of reducing cigarette smokers and protecting nonsmokers from the danger of secondhand smoke,” Salikupt said.

The Excise Department can introduce an e-cigarette tax once e-cigarettes are legalized.

Maris Karanyawat, also from the ECST, said Britain, New Zealand and the Philippines are likely to promote the use of e-cigarettes to help reduce the consumption of harmful substances and help those who cannot quit smoking cold turkey.

“More than 70 countries have legalized e-cigarettes as it can reduce the number of smokers,” Karanyawat added.

By banning e-cigarettes, the government is losing tax revenue, people are losing access to safer alternatives and the Tobacco Authority of Thailand is losing a chance to make money, according to Taopiphop Limjittrakorn, Move Forward’s Bangkok MP.

January 24, 2022

FDA Urged to Act on Remaining Applications

Several anti-tobacco groups have sent a letter to the U.S. Food and Drug Administration urging the agency to act on the outstanding premarket tobacco product applications (PMTAs) and pushing for the denial of all flavored e-cigarette products.

It’s been more than four months since the FDA was supposed to decide which e-cigarette products can remain on the market, but the agency still hasn’t completed some of the reviews, including some of the bestselling e-cigarettes.

“We write to urge the U.S. Food and Drug Administration (FDA) to expedite decisions on the premarket tobacco product applications (PMTAs) still pending before the agency involving the flavored e-cigarette products, including those with menthol flavoring and, based on the best available scientific evidence, deny the pending applications for all nontobacco flavored e-cigarettes in order to protect the nation’s young people from the health harms of these products,” the letter said.

The letter was signed by the American Academy of Pediatrics, the American Heart Association and the Campaign for Tobacco-Free Kids, among others.

“Every day that FDA delays action, more of our kids remain at risk,” said Matthew Myers, president of the Campaign for Tobacco-Free Kids. “While the FDA has ruled on applications from a lot of small companies, it hasn’t ruled on the applications from the large companies whose products are being used by a majority of kids.”

American Vaping Association President Gregory Conley pointed to data showing that youth vaping has been declining. According to the Centers for Disease Control and Prevention (CDC), use of e-cigarettes went down among middle school and high school students from 2019 to 2020.

But even with the drop, the CDC said it “estimated that more than 2 million U.S. middle [school] and high school students reported currently using e-cigarettes in 2021.”

January 20, 2022

Malaysia Mulls Age-Based Tobacco Ban

Malaysian Health Minister Khairy Jamaluddin wants to ban smoking for the next generation of Malaysians, according to reports by Lowyat and Code Blue. The plan comes in the wake of New Zealand’s announcement that it would prohibit the sale of cigarettes to anyone born after 2008.

Jamaluddin plans to table a new Tobacco and Smoking Control Act at the upcoming Parliament meeting from Feb. 28 to March 24, which will replace the current tobacco product control legislation under the Food Act 1983.

The bill will also regulate e-cigarettes and vape products, according to Jamaluddin, who called the bill a “generation endgame.”

“For too long, our healthcare system has been burdened with healthcare issues resulting from smoking,” said Jamaluddin. “This allocation will enable smoking to be phased out in stages until one day in [the] future, Malaysia will be a smoke-free country.”

A date for the proposed legislation has not been specified nor has a cutoff year of birth for the cohort smoking ban.

January 19, 2022

Institute Warns Against Overregulation of Vapor

A new study by the American Consumer Institute highlights the dangers of overregulating e-cigarettes and vaping products. Co-authored by Steve Pociask and Liam Sigaud, the report investigates the empirical evidence surrounding the consumer risks and benefits of using e-cigarettes and vaping products compared to using combustible tobacco products.

The reports assets that vapor products are significantly safer than smoking and more effective than other nicotine-based smoking cessation treatments in getting smokers to quit cigarettes.

The authors contend that excessive regulation of e-cigarettes not only ignores the prevailing scientific consensus on health risks, but also deters smokers from switching to safer alternatives while pushing vapers back to smoking.

Therefore, the authors argue, overregulating vapor products will have serious health consequences for consumers who smoke.

“This report provides much-needed clarity on an issue of profound importance for public health,” the publishers wrote in a press release accompanying the report. “As the authors note, ‘informed by rigorous research, the U.S. can better chart a responsible course that encourages smokers to seek safer substitutes and quit, while protecting our youth from the dangers of tobacco products.’”

January 18, 2022

Broughton: China Vapor Laws is Opportunity

Recent amendments to China’s Tobacco Monopoly Law present an opportunity for responsible companies to demonstrate how alternative high-quality products are an important and appropriate element of tobacco harm reduction, according to Broughton.

Writing on the website of the contract research organization, Broughton’s head of regulatory affairs, Lloyd Smart, and regulatory consultant Xiangyin Wei summarize China’s tobacco monopoly law changes and explain what they means for electronic nicotine delivery systems (ENDS).

On Nov. 26, 2021, China’s State Council amended the country’s tobacco law, giving the State Tobacco Monopoly Administration jurisdiction over e-cigarettes. Next-generation products will now be managed in the same way as combustible cigarettes.

Among other things, this means that ENDS companies, including exporters, will need to apply for a license. A single transaction platform will be implemented for product distribution and all products must comply with a new national standard. Regulation of products likely to be introduced following an initial transition period of between three and five months, during which no new products may be brought to market. Products with synthetic nicotine will be banned in China.

According to Broughton, the recently announced changes to e-cigarette regulation in China offer an excellent business opportunity for companies that want to build consumer trust by showcasing their product’s high quality and safety standards.

“As with all regulatory requirements, the most important initial step is to understand fully what’s needed—to provide reassurance or identify gaps that need to be addressed. And to act quickly; seizing the opportunity while making sure you don’t get left behind as the market changes,” write Smart and Xiangyin.

January 18, 2022

Taiwan: Bill Approved to Raise Smoking Age

The Taiwan Cabinet approved a draft amendment to the Tobacco Hazards Prevention Act, which would raise the legal smoking age to 20 from 18 as well as impose a ban on electronic cigarettes and flavored tobacco products, according to Focus Taiwan.

The draft amendment will now go to the legislature for deliberation.

If signed into law, those found in violation of the new age restrictions would face a fine ranging from TWD2,000 ($72) to TWD10,000.

Those found violating the ban on manufacture, import, sale, supply, display, advertising and use of all tobacco-like products, including e-cigarettes, could face a fine ranging from TWD10 million to TWD50 million.

The proposed bill would provide a legal basis for regulation of new tobacco products, such as heated-tobacco products, stating that suppliers of new tobacco products with unknown health risks should file an application for assessment of said products within a specific time period before suppliers are allowed to manufacture or import the products. Those caught violating this regulation could face a fine up to TWD50 million.

The bill goes further, expanding the smoking ban to colleges and universities, kindergartens, baby care centers and in-home childcare locations. Smoking in bars and nightclubs would only be allowed in designated areas. Graphic warnings and text would also be increased to 85 percent from 35 percent of the total package surface.

January 13, 2022

Broad Support for Philippine Vape Bill

Nine out of 10 smokers in the Philippines support the country’s proposed vaping bill, according to a study, reports the Manila Times. A majority of respondents said the government should enact policies to encourage adult smokers to switch to less harmful alternatives while also ensuring these products are not used by minors.

In 2021, the Senate and House of Representatives approved their respective versions of the measure. The bills must be reconciled by a bicameral conference committee and ratified by the two chambers. If President Rodrigo Duterte then signs the bill into law, the Vaporized Nicotine Products Bill will regulate e-cigarettes, heated-tobacco products and other vaporized nicotine products while ensuring that they contribute to government revenues.

The study was conducted by Acorn Marketing and Research Consultants and commissioned by consumer advocacy group Vapers PH in August 2021. The survey sampled 2,000 legal-age smokers.

January 10, 2022

Category: Global Regulation