Category: Global Regulation

  • Sweden Wants to Prohibit Flavored Vapes

    Sweden Wants to Prohibit Flavored Vapes

    The Swedish government has proposed a ban on nontobacco-flavored vapes, including menthol, according to Vaping360.

    The proposed law includes nicotine and non-nicotine e-liquid and regulates all synthetic nicotine products, setting the purchase age to 18. If the law is passed, the sale of flavored vape products will be banned effective Jan. 1, 2023.

    The bill is currently being reviewed by the Council on Legislation, which considers the legal validity of proposed bills before they are considered by legislators. Parliament will vote on the bill as early as March 22.

    If the bill is passed, Sweden will be the eighth European country to prohibit flavors, following Estonia, Finland, Hungary, Ukraine, Denmark, Lithuania and the Netherlands.

  • Study: India’s E-cigarette Ban is Working

    Study: India’s E-cigarette Ban is Working

    A recent survey shows that 94 percent of Indian vapers have given up e-cigarettes and other electronic nicotine-delivery systems (ENDS) following their ban in 2019, according to the BangaloreMirror.

    The survey, designed by the Campaign for Tobacco-Free Kids and conducted in collaboration with the National Law School of India University, Bengaluru, was disseminated online and targeted those aged 18 to 34. Most respondents were from Karnataka.

    The survey also showed that over 56 percent of respondents believed there was a health risk in using ENDS products while 24 percent were unaware of any risks.

  • Duterte Urged to Sign Vaping Bill

    Duterte Urged to Sign Vaping Bill

    Photo: Gajus

    The Coalition of Asia Pacific Tobacco Harm Reduction Advocates (CAPHRA) has written to Philippine President Rodrigo Duterte asking him to urgently sign the Vaporized Nicotine Products Regulation Act into law.

    Both the Philippine Senate and House of Representatives have ratified the harmonized version of the act, which will regulate the use, manufacture, importation, sale, distribution and promotion of vaping and heated-tobacco products. It now awaits the president’s signature or veto.

    “The weight of the scientific evidence shows that potentially thousands of Filipino lives can be saved by making this act the law of the land,” wrote CAPHRA, backed by its expert advisory group and member organizations throughout the Asia-Pacific region.

    CAPHRA told Duterte that, when enacted, the legislation will provide 16 million Filipino smokers with the world’s most effective smoking cessation tool, saving the lives and enhancing the health of millions of Filipino smokers and their families, friends and co-workers.

    “Hundreds of peer-reviewed international scientific studies have found innovative smoke-free products such as e-cigarettes and heated-tobacco products to be far less harmful than combustible tobacco and offer the best options to make smokers switch or quit,” wrote Nancy Loucas, executive coordinator of CAPHRA. “The act will ensure the regulation of these products so that they meet government standards to protect consumers and will contribute revenue via taxation.”

    The letter said signing the act into law and giving Filipino smokers the option of choosing less harmful alternative nicotine products will create an enduring presidential legacy. It will prove to the world that Duterte is a leader who put the health and well-being of his people, based on science, above the special interests of foreigners.

  • U.K. Regulators Release E-Cig Pricing Guidance

    U.K. Regulators Release E-Cig Pricing Guidance

    Photo: kmitt

    The U.K. Committee of Advertising Practice (CAP) and the Medicines and Healthcare products Regulatory Agency (MHRA) have released an enforcement notice for promotional online pricing of e-cigarettes.

    According to the notice, CAP writes the advertising rules, which are enforced by the Advertising Standards Authority, the U.K.’s independent advertising regulator.

    The enforcement notice relates to the manner in which e-cigarette pricing appears on websites. According to CAP, companies are allowed to present factual information but not in a way that would constitute promotion. The enforcement notice states that some companies are portraying pricing in ways that would be considered promotion, for example, emphasizing discounts and savings.

    “Please take immediate action to ensure your advertising complies,” the notice states. “We will be monitoring websites in the coming months. If we see continued problems in this area, we will take targeted enforcement action to ensure a level playing field. This may include—where advertisers are unwilling to comply—referral to our legal backstop.”

  • EU Bill: Firms Liable for Supply Chain Violations

    EU Bill: Firms Liable for Supply Chain Violations

    Photo: weyo

    The European Commission has proposed a law that would hold large companies operating in the European Union for environmental violations or human rights abuses committed by businesses in their supply chains, reports The New York Times.

    “This proposal is a real game-changer in the way companies operate their business activities throughout their global supply chain,” said Didier Reynders, Commissioner for Justice, in a statement. “With these rules, we want to stand up for human rights and lead the green transition. We can no longer turn a blind eye on what happens down our value chains.”

    Under the legislation, businesses would need to establish mechanisms to detect, prevent and mitigate breaches of human rights, such as child labor, as well as environmental hazards in their supply chains. National governments would define the financial penalties for violators.

    Victims could sue for compensation in domestic courts of EU member nations, even if the harm occurred outside the bloc.

    According to the European Commission, the new rules will bring legal certainty and a level playing field. “For consumers and investors they will provide more transparency,” the Commission wrote on its website. “The new EU rules will advance the green transition and protect human rights in Europe and beyond.”

    The proposal would initially apply to companies with more than 500 employees and annual revenue over €150 million ($170 million). Around 2,000 companies based outside the bloc but doing business in the European Union, amounting to an annual revenue of more than €150 million, would also be covered.

    After two years, the range would be expanded to include smaller businesses in so-called high-impact sectors, such as textiles, food products and mining.

    The legislation will now be discussed by the European Parliament and the 27 national governments, with all parties able to modify the language. The final draft will require passage by the EU lawmakers and member nations. The whole process could take a year or more.

  • First FDA Warning for Vapor Hardware

    First FDA Warning for Vapor Hardware

    Photo: Sigelei

    The U.S. Food and Drug Administration posted its first warning letter for vaping hardware products on Tuesday. The letter was issued on Feb. 14.

    “Our review of the website http://sigelei.com revealed that you manufacture and offer for sale or distribution to customers in the United States ENDS [electronic nicotine-delivery system] products without a marketing authorization order including: Sigelei Humvee 80 and Sigelei 213 Fog Coil,” the agency wrote in its letter.

     On Feb. 5, 2021, the FDA sent Sigelei a “refuse to accept” letter regarding its premarket tobacco product application (PMTA) for six products. “New tobacco products that do not have the required FDA marketing authorization order in effect, including your ENDS products covered by PMTA STN PM0001221 that resulted in a refuse to accept determination, are adulterated and misbranded,” the agency warned.

    The move signals a shift in the FDA’s typical regulatory action against companies selling illegal vaping products. Thus far, the agency has issued letters for e-liquids, but now hardware manufacturers have been put on notice. One manufacturer, who asked to remain anonymous to avoid FDA scrutiny, said the recent action is worrisome.

    “The hardware segment has been operating almost at a near-normal, the same as before PMTAs were due,” the manufacturer said. “It hasn’t really hit home yet that FDA has the full intention to start enforcing hardware regulations too. This is going to hurt several companies, and we are going to start to see smaller businesses end their marketing in the U.S.”

    The letter also suggests that the warning is for all Sigelei products and not just the rejected PMTA products. “The violations discussed in this letter do not necessarily constitute an exhaustive list,” the letter states.

  • New Tobacco Restrictions in Mexico

    New Tobacco Restrictions in Mexico

    Photo: Andrea Izzotti

    Mexican President Andrés Manuel López Obrador has published a new tobacco control law that includes bans on tobacco advertising, promotion and sponsorship, alongside restrictions on public smoking.

    Under the new law, the use of e-cigarettes and heated tobacco products will also be prohibited in indoor public places.

    According to the Campaign for Tobacco-Free Kids (CTFK), about 30 percent of youth are exposed to secondhand smoke in hospitality venues in Mexico.

    “Mexico’s comprehensive law is a victory not only for public health, but for the government champions and advocates in Mexico who worked tirelessly to ensure this life-saving measure was enacted,” wrote CFTK Director of Latin American Programs Patricia Sosa in a statement. “It is critical that the Mexican government ensure swift implementation of the new law so that all Mexicans can truly be protected from the deadly tactics of Big Tobacco companies.

  • Swiss Support Tighter Limits on Tobacco Ads

    Swiss Support Tighter Limits on Tobacco Ads

    Photo: twinsterphoto

    A majority of Swiss voters want to limit tobacco advertising seen by minors, reports SWI.

    During a ballot on Feb. 13, 56.6 percent of voters and most of the country’s 26 cantons backed a proposal to ban all tobacco and e-cigarette advertising that may reach young people in Switzerland. About 5.3 million people took part in the vote.

    Gregoire Vittoz, director of Addiction Switzerland, described the outcome as a “big step forward.”

    “The people have understood that health is more important than economic interests,” said Stefanie de Borba of the League Against Cancer.

    Home to some of the world’s largest tobacco companies, including Philip Morris International and Japan Tobacco International, Switzerland currently has some of the weakest laws against tobacco advertising in Europe.

    While cigarette ads in general on television and radio are prohibited at the federal level, each region has different rules for tobacco promotions in cinemas and public places, such as festivals or public transport. Only a few cantons ban cigarette ads in the written press or on the internet.

    Around one in four people in Switzerland smokes—a share that has remained stable over the past decade. The figure is slightly higher among 15-year-olds to 24-year-olds. Research shows that most adult smokers began when they were minors.

    Critics of the people’s initiative, which included the Swiss government, argued unsuccessfully that the proposal represented an intrusion on economic freedoms and would be hard to implement in the digital age. They submitted a counterproposal that would have still allowed tobacco advertising at points of sale.

    Federal authorities must now adjust Switzerland’s Tobacco Product Law to incorporate the proposal. A law must be drafted and put forward for consultation and discussion in Parliament. Once adopted, the law must be subjected to a facultative referendum. Health Minister Alain Berset said the new rules are unlikely to take force in 2022.

  • Activists Welcome Thai Plan to Legalize E-Cigs

    Activists Welcome Thai Plan to Legalize E-Cigs

    Asa Saligupta

    Tobacco harm reduction advocates have welcomed Thailand’s plans to legalize and regulate vapor products.

    “Countries which have chosen to legalize and regulate e-cigarettes have seen a fall in overall smoking rates and have much better control over youth vaping. It’s exciting for Thailand, and in fact the world, that the government is now set to overturn its ban on the sale of vape products,” says Asa Saligupta, director of ENDS Cigarette Smoke Thailand (ECST).

    According to Saligupta, Thailand’s harsh ban and penalties on vape sales has meant too many smokers have been stuck with cigarettes, while young people buy e-cigarettes in the underground economy with no control over the purchase age or product safety standards.

    “We’ve seen the legalization and regulation of vaping in places like the United States, United Kingdom and New Zealand work very well. I’m delighted the Thai government is now listening to the science with the adoption of effective tobacco harm reduction (THR) policies now increasingly imminent,” he says.

    The ECST director says Digital Economy and Society Minister Chaiwut Thanakamanusorn, government officials, public health experts and advocates have all been key to finally addressing Thailand’s failed tobacco control policies.

    He says that, despite the minister adopting an evidence-based approach, local conservative health groups continue to unfairly target him and publicly scaremonger.

    “It was a big breakthrough last year when the minister told local media that vaping is safer for people trying to quit smoking. Since then, he has walked the talk—looking at ways vaping can be legalized. He fully understands it offers smokers a less harmful alternative to deadly cigarettes and protects non-smokers from the dangers of second-hand smoke.

    “Consumer groups like ours have worked hard to encourage our politicians and officials to follow the significant international public health evidence. It has been a long journey, but we’re pleased with the progress the government’s working group continues to make on legalizing e-cigarette sales,” says Saligupta.

    International research also shows countries which have adopted progressive policies around vaping have seen their smoking rates fall twice as fast as those countries that haven’t.

    Nancy Loucas

    Nancy Loucas, executive coordinator of The Coalition of Asia Pacific Tobacco Harm Advocates (CAPHRA), says that by lifting its long ban on vape sales, Thailand will join about 70 countries that have legalized vaping.

    “Around the world, vaping is saving millions of ex-smokers’ lives and can save many more if safer nicotine products are embraced, not demonized,” says Loucas. “Thailand’s 10 million smokers have long deserved a readily and legally available alternative to cigarettes. The country’s sky-high smoking rate is totally unacceptable but thanks to the work of ECST and others, it’s about to be seriously addressed.”

    According to Loucas, Thailand has become increasingly isolated internationally with its harsh policies. Vapers currently risk arrests, sanctions and even imprisonment.

    “By legalizing that sale of vapes, Thailand will join countries like the Philippines and Malaysia which are also waking up to the fact that vaping bans inevitably fail, leading to unnecessary smoking-related illnesses and deaths,” says Loucas.

  • Malaysians Skeptical About Generational Tobacco Ban

    Malaysians Skeptical About Generational Tobacco Ban

    Photo: tktktk

    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.