The National Police Agency confirmed to Taiwan News that police can now issue on-the-spot fines of up to TWD10,000 ($330) to those caught vaping after Taiwan’s legislature passed amendments to Taiwan’s Tobacco Hazards Prevention Act.
E-cigarette users can either be fined on the spot, or photo and video evidence can be used by the government to send the fines to violators’ registered addresses, similar to fines currently issued for smoking in nonsmoking areas, jaywalking and other minor offenses.
The fine for vaping is now the same as for smoking in areas designated as nonsmoking, between TWD2,000 and TWD10,000.
The amendments also increase the legal age for purchasing cigarettes from 18 to 20 and prohibit the sale of e-cigarettes and heated-tobacco products. Importers, manufacturers and sellers can now be fined up to TWD50 million.
A new bill introduced in the Hawaii Senate would make it illegal for anyone born after 2002 to possess, purchase or use tobacco or vaping products.
S.B. 148 would change the state’s tobacco rules to deny anyone born after Jan. 1, 2003, from purchasing and consuming these products.
Those caught selling or providing tobacco or vaping products to consumers covered by the law would be subject to a $500 fine for a first offense and a fine of between $500 and $2,000 for any offense after that.
In addition, anyone born after 2002 caught violating the law as a consumer would be subject to a $10 fine for the first offense, a $50 fine for a subsequent offense, or the option to do between 48 hours and 72 hours of community service.
If passed, the change would take effect on Jan. 1, 2024. S.B. 148 currently has six sponsors.
The concept of a generational sales ban was introduced in New Zealand in 2021 and was approved by that country’s government late last year. It has also been proposed in Malaysia, California and Nevada.
In 2015, Hawaii became the first U.S. state to increase the minimum age to purchase tobacco products to 21 years old, which has since become the federal standard.
In 2019, Hawaiian lawmakers proposed a bill that would slowly increase the age to purchase tobacco products, starting with raising the minimum age for buying cigarettes from 21 to 30 in 2020.
By 2022, no one under 50 would have been able to buy cigarettes.
The U.S. Congress wants to end a legislative provision that allows manufacturers to claim federal tax deductions for the cost of advertising for e-cigarettes and tobacco products. That includes the ads they buy on the radio.
Senators Jeanne Shaheen and Richard Blumenthal have reintroduced the No Tax Subsidies for E-Cigarette and Tobacco Ads Act (S. 464), which if passed would not make the direct-to-consumer ads illegal but would end the ability for companies to take tax deductions for advertising expenses related to vaping and other tobacco products, according to Insider Radio.
“Tax breaks for tobacco and e-cigarette giants allow the industry to profit from its manipulative marketing,” Blumenthal said. “Our legislation ends these write-offs to protect kids and other consumers from being lured into lifetimes of addiction.”
Radio and television advertising for traditional tobacco products has been banned under federal law since January 1971, and certain other forms of tobacco advertising are restricted under the 1998 Tobacco Master Settlement Agreement. However, none of these restrictions apply to e-cigarettes.
Trinidad and Tobago’s High Court has given North American Trading Co. (NATC) permission to challenge a decision by the Ministry of Health to declare its operation in breach of the country’s Tobacco Control Act, reports Trinidad & Tobago Newsday.
In November 2022, authorities raided NATC’s premises in the D’Abadie Free Zone Complex. Although there was no warrant, the company said its representative allowed the officers to enter its warehouse and cooperated fully with the inspection.
While nothing illegal was found during the search, according to NATC, the health ministry’s tobacco control unit on Feb. 9, 2023, instructed the company to cease operations immediately, arguing that the tobacco distributor did not have exemptions to engage in wholesale tobacco business in the free zone.
NATC maintains that it does not engage in real sale or distribute tobacco products in the local market. The free zone, it argues, is a jurisdiction separate and apart from the customs territory with its own rules on the movement of goods.
In a letter to the health ministry, NATC said the order to cease operations had resulted in extreme prejudice and economic loss, as the company had to stop approved exports and instead export from intercontinental business park free zones.
NATC also cited losses incurred by the delay in loading ships, which arrived in Trinidad and Tobago, and one of its major suppliers asking for a hold on clearing seven containers shipped to NATC out of concerns it would be barred from re-exporting the goods.
The Coalition of Asia Pacific Tobacco Harm Reduction Advocates (CAPHRA) has submitted comments on New Zealand’s Proposals for the Smoked Tobacco Regulatory Regime. The proposals include tightening current restrictions on vaping product safety requirements and packaging and reducing nicotine levels in disposable vapes as well as restricting the location of specialist vape retailers.
“Whilst we have absolutely no issues with restrictions around primary and secondary schools and Kura, we do have issue with adult community locations, such as universities, and other tertiary facilities,” said Nancy Loucas, executive coordinator of the CAPHRA.
“Specialist vape retailers provide a service that is not available in general retailers. It is a disservice to adults who smoke in Aotearoa, New Zealand, to restrict their access to specialist shops and guidance.”
“The main issue, however, is that the regulations, as they are, work perfectly well,” said the CAPHRA in reference to the other proposed restrictions. “The issues are public education and enforcement. The regulations, as they are written, are working at getting citizens to make the switch from combustible tobacco to less harmful vaping.”
Taiwan is set to become the next Asian country to ban nicotine vaping products, reports Filter.
The Tobacco Hazards Prevention Act cleared the legislative floor earlier this month and now awaits presidential approval, which is expected because President Tsai Ing-wen is a member of the party that proposed the act.
Taiwan seems to be following behind Japan, which banned nicotine vapes but allows heated-tobacco products. India and Thailand have also banned vapes.
Taiwan’s ban will include use of e-cigarettes, and violators will face penalties of up to $330.
“The issue did not have enough public discussion, and the approach to harm reduction should be more thoroughly debated,” said Simon Lee, the Taiwan policy fellow at the Consumer Choice Center, a global consumer advocacy group in Washington. “For instance, we have seen misinformation, especially with regard to nicotine, circulating among anti-tobacco activists. It is beyond reasonable doubt that Taiwan’s consumers deserve a much better outcome.”
Ohio Governor Mike DeWine vetoed legislation Thursday that would have prevented individual Ohio cities from regulating tobacco, reports AP.
“We’re dealing now with young people’s lives, and when a local community wants to make a decision … to protect their children, we should applaud those decisions,” DeWine said.
Lawmakers passed the legislation during the lame duck session of the Ohio General Assembly days after Columbus officials voted to ban the sale of flavored and menthol tobacco products in the state’s largest city starting in 2024.
During the debate session last month, lawmakers argued that allowing cities to make tobacco rules could cause cities like Cleveland, Cincinnati and Columbus to ban anything considered unhealthy. Matt Huffman, Republican Senate president, argued that tobacco sales are a statewide issue because the restriction would affect income of the state.
Opponents argued that the state proposal would have acted as a broader “preemption” law, stopping cities from passing local ordinances beyond state law on new fees or taxes on tobacco products or raising the age to buy them, according to Cleveland.com.
Advocates from anti-tobacco organizations and the American Cancer society said that preventing cities from making their own rules would have given the tobacco industry more power and would have been especially detrimental to children susceptible to advertising efforts. Democrats also called the measure “a stripping of home rule,” saying that not allowing local communities to govern themselves violates Ohio’s Constitution.
As of September last year, 24 states have laws preempting local ordinances restricting sales of tobacco to young people, according to the CDC. Both state and federal law prohibit vendors from selling tobacco products to anyone younger than 21.
Cigarette smokers in Miami Beach could face up to 60 days in jail if caught repeatedly smoking on the city’s beaches and public parks. The new law went into effect on Jan. 1.
Vaping products, cigars and unfiltered cigarettes are still permitted.
Police officers will be issuing $100 civil fines to first offenders and $200 fines to second offenders within a 12-month period.
Police officers will be able to arrest repeat offenders at their discretion. The maximum punishment is a $500 fine and 60 days in jail, according to Local10News.
Governor Ron DeSantis made the ban possible when he signed a law in June that allowed local officials to regulate cigarette smoking at public beaches and parks.
The only Miami Beach commissioner who voted against the measure was Ricky Arriola, who said it will distract police officers from public safety.
“We shouldn’t be enforcing a law like this,” Arriola said.
With Republicans in control of the U.S. House, some experts expect the vape industry to thrive.
By Timothy S. Donahue
The next two years should be better than the past two years. That was the overall outlook from vapor industry experts speaking during the Vapor Technology Association’s (VTA) 2022 Post-Election Round-Up webinar in late November. Tony Abboud, executive director of the VTA, told attendees that his organization has been working diligently with two Washington, D.C.-based firms, West Front Strategies, a lobbying group, and FORA Partners, a public affairs agency, to promote the interests of the vaping industry as Republicans take over the U.S. House of Representatives in 2023. “We have a very specific agenda, some of which we’ve discussed (as an overview of what) we are pursuing,” he said. “We’ve done an enormous amount of groundwork.”
Shimmy Stein
Shimmy Stein, a partner with West Front Strategies, said the change in leadership at the House could have a positive impact on the vaping industry until at least the next election cycle. “Anytime you can take over the gavels, take over the control of the messaging, take over control of the chairmanships and the legislation, that is an important piece of governing,” he explained. “And so, while it was not to the extent or to the size which Republicans were hoping for in terms of the majority in the House of Representatives, it’s still pretty significant and will change the manner in which Washington will function.”
Over the next two years, the vaping industry should feel “a little more comfortable, a little more secure” going into a divided Congress (the U.S. Senate leadership did not change), according to Craig Kalkut, a partner with West Front Strategies. However, the vaping industry has always faced threats from both Democrats and Republicans due to their concerns over teen vaping. “We still need to work with both parties. We still could face issues and threats of overregulation and poorly conceived legislation. But the bottom line is that we will have a more comfortable environment with Republicans controlling one house of Congress,” said Kalkut.
Craig Kalkut
Reconciliation, a way for Congress to enact legislation on taxes, spending and the debt limit with only a majority vote, is no longer a threat to the vapor industry, according to Kalkut. He said that’s just not something that can happen in a divided Congress. “What that means, ultimately, is that anything that passes will need to have bipartisan support,” said Kalkut. “And because of that, [legislation] will likely be more limited, more moderate, and hopefully, if there’s any legislation passed in our area, that will be something that allows us to thrive, which addresses the concerns that linger over teen vaping but does not overregulate and drive people away from vaping.”
Kalkut also confirmed that gridlock is a concern in a divided Congress; however, gridlock could also provide incentives for both parties to compromise. “They’re both seen as in charge, so they both sometimes want to get something done. And that will bring people to the table and often over issues that are not central to either party’s ideology,” he said. “It’s hard to come to a compromise on taxes, or it’s hard to come to a compromise on healthcare … but something like vaping, perhaps there will be opportunity for common sense provisions to prevail in an area where Democrats and Republicans can come together.”
Max Hamel
Max Hamel, founding partner of FORA, said when Congress is split, the White House typically relies heavily on its executive privilege. There is no known administration agenda on vaping, so a vaping-related rule is unlikely. With Republicans in control of the House, they also head committees. The House oversight committee and its subcommittees could present opportunity for the vaping industry, according to Hamel.
“We do have new personalities on both the majority and the minority side, so they’ll probably have some growing pains,” he said. “The big question is, how does this new authority, especially in the House, get wielded[?] … whether it’s one seat or 40 seats, the authority with the majority is the same, and it is substantial from [an] investigation and oversight standpoint; [that’s] probably not necessarily true from a legislative standpoint … the oversight subcommittee, we do have the opportunity to surface some things, but it’s really an opportunity for us now to not be on defense and [to] put forth an agenda and some messaging that really focuses on the things that are advantageous to us.”
Additionally, with Juul losing its stranglehold on the vaping market, Hamel said the vaping landscape is changing. Juul became the focus to save youth from vaping, and today, Juul isn’t the focus. The market is made up of a more diverse group of companies with different technologies dedicated to harm reduction. Hamel said this is the message that should be projected. “I think our priority will be focusing on the messages that really emphasize the harm reduction aspects,” he said.
Kalkut then added that the vaping industry has an opportunity now to change the conversation, particularly with Democrats but also Republican critics and skeptics of vaping through the ever-expanding body of science that shows the relative safety and incredible potential for harm reduction that next-generation tobacco products have. “That has become more and more clear as time has gone on over the last couple of years,” he said. “I think once we show that, once we demonstrate our commitment as an association in the industry to addressing teen vaping, we have a real chance of changing the narrative.”
Ashley Davis
Ashley Davis, a founding partner at West Front Strategies, told attendees that, looking back on industry challenges, there has been success. However, her concerns going into the last Congress (2020–2022) were that she didn’t really know in what direction or how forcefully Biden would lean on the vapor industry. She says the industry “dodged a bullet.” The industry could have suffered more than it did those first two years in a Biden administration. She also said the issue of youth use will remain at the forefront of any discussion concerning electronic nicotine-delivery system products.
“We do have to still deal with the youth issue. And I think we all realize that any negative press that comes up is around the youth issue … Everyone loves a microphone. It’s a member of Congress. If there’s an issue to discuss, that’s what they’re going to discuss,” explained Davis. “[We are] trying to make sure that any bad legislation is not passed—it’s much more unlikely in this Congress than it was before.”
Taking a question from the audience, Abboud closed the session speculating on the impact of the Reagan-Udall Foundation’s external review of the U.S. Food and Drug Administration’s Center for Tobacco Products, the results of which are expected in mid-December.
Abboud said that numerous comments from staffers of the FDA for the Reagan-Udall assessment suggest the regulatory agency is in a state of disarray and is being influenced by outside forces not scientific research. He said he hopes the foundation will advise the FDA that premarket tobacco product application (PMTA) decisions should be free from any external pressures, especially political pressure.
“[The review should recommend to the FDA that PMTA] decisions must be made based upon the science that is submitted as well as making sure that the agency does, in fact, review all of the science that has been submitted as part of any applications as well as [reviewing] all of the applications that have [been] submitted,” said Abboud. “Because that was another big failing of the current process where applications have been rejected [without a full review].”
