Category: Regulation

  • Curbing Vapor and Hookah

    Curbing Vapor and Hookah

    Photo: Demerzel21 | Dreamstime.com

    Russian lawmakers have adopted a bill restricting the use of electronic cigarettes and hookahs.

    According to a statement of the lawmaking authority, the document sets restrictions on the use of electronic nicotine delivery systems and hookahs inside certain territories, premises and objects; issues requirements for demonstration of electronic smoking articles in audiovisual works for minors and adults.

    Moreover, the document restricts the sale of vapor products and bans their sale to minors and involvement of children in the use of them, according to a Russian state information agency.

    There is also a proposal to introduce administrative fines for violations of the imposed restrictions.

  • Ten Companies Told to Remove Their Products

    Ten Companies Told to Remove Their Products

    Photo: Jhvephotos | Dreamstime.com

    The U.S. Food and Drug Administration (FDA) has issued warning letters notifying 10 companies, including Cool Clouds Distribution (doing business as Puff Bar), to remove their flavored disposable e-cigarettes and youth-appealing e-liquid products from the market because they do not have the required premarket authorization.

    These new actions are part of the FDA’s ongoing, aggressive effort to act against illegally marketed tobacco products amid the public health crisis of youth e-cigarette use in America. The agency is particularly concerned about the appeal of flavored, disposable e-cigarettes to youth and continues to monitor all available data.

    “The FDA continues to prioritize enforcement against e-cigarette products, specifically those most appealing and accessible to youth,” said FDA Commissioner Stephen M. Hahn. “We are concerned about the popularity of these products among youth and want to make clear to all tobacco product manufacturers and retailers that, even during the ongoing pandemic, the FDA is keeping a close watch on the marketplace and will hold companies accountable.”

    “Despite suspending in-person inspection activities—such as retail compliance checks and vape shop inspections—due to the COVID-19 pandemic, our enforcement against unauthorized e-cigarette products has endured,” said Mitch Zeller, director of the FDA’s Center for Tobacco Products. “These warning letters are the result of ongoing internet monitoring for violations of tobacco laws and regulations.”

    Three firms are receiving warning letters for illegally marketing disposable e-cigarettes—Puff Bar, HQD Tech USA and Myle Vape. The FDA’s review of the companies’ websites revealed that each firm is selling or distributing unauthorized tobacco products that were first introduced or modified after Aug. 8, 2016—the effective date of the deeming rule that extended the FDA’s authority to all tobacco products.

    Any new tobacco product not in compliance with the premarket requirements of the Federal Food, Drug and Cosmetic (FD&C) Act is adulterated and misbranded and may not be marketed without FDA authorization. Puff Bar and HQD Tech USA were also cited for an additional violation for marketing their products as modified risk tobacco products without an FDA order in effect that permits such marketing.

    Additionally, FDA issued seven other warning letters to the following firms: Eleaf USA, Vape Deal, Majestic Vapor, E Cigarette Empire, Ohm City Vapes, Breazy and Hina Singh Enterprises (doing business as Just Eliquids Distro), who sell or distribute unauthorized electronic nicotine delivery system (ENDS) products targeted to youth or likely to promote use by youth.

    These firms were cited for marketing unauthorized e-liquids that imitate packaging for food products that often are marketed and appeal to youth, such as Cinnamon Toast Crunch cereal, Twinkies, Cherry Coke and popcorn, or feature cartoon characters.

    The FDA has requested responses from each firm within 15 working days detailing how each company intends to address the agency’s concerns, including the dates on which each firm discontinued the sale and/or distribution of these tobacco products, and its plans for maintaining compliance. Failure to correct violations may result in further action such as a civil money penalty complaint, seizure or injunction. In addition, misbranded or adulterated products imported into the U.S. are subject to detention and refusal of admission.

    The FDA’s actions during the COVID-19 pandemic also include a recent warning letter to e-liquid manufacturer StemStix for violations of the FD&C Act, including marketing new tobacco products without authorization, marketing tobacco products with false and misleading advertising and marketing unauthorized modified risk tobacco products.

    Additionally, last month the agency issued letters to seven tobacco product manufacturers requesting information to help the FDA examine whether certain tobacco products were first marketed after the deeming rule’s effective date and therefore not subject to FDA’s policy on deferred enforcement of the premarket requirements for certain deemed products. Over the past four months, the agency has also refused admission into the U.S. of at least 74 entries of disposable ENDS products for violations of the Act.   

  • FDA Orders Retailers to Stop Selling 13 Products

    FDA Orders Retailers to Stop Selling 13 Products

    Photo: Jhvephotos | Dreamstime.com

    The U.S. Food and Drug Administration (FDA) on July 16 ordered retailers to cease selling 13 tobacco products that received nonsubstantially equivalent orders. These 13 products, which are deemed “misbranded and adulterated” by the FDA, include:

    • Camel Sticks Mint, Viceroy Flex, Camel Strips Mint and Camel Orbs Mint from R.J. Reynolds Tobacco Co.
    • Skoal Smooth Mint Tobacco Stick, Skoal Rich Tobacco Stick, Skoal Mint Tobacco Stick and Skoal Original Tobacco Stick from U.S. Smokeless Tobacco Co.
    • Union Full Flavor 100’s Box, Union Gold 100’s Box, Union Platinum 100’s Box, Union Menthol 100’s Box and Union Menthol Gold 100’s Box from Heritage Tobacco.

    The FDA added that any retail with remaining inventory should work with the product manufacturer or supplier to discuss options for disposing of the products.

    In response to the FDA announcement, R.J. Reynolds said that the FDA order has no impact on the company as the three brands listed have not been sold since 2013. R.J. Reynolds spokeswoman Kaelan Hollon said July 16, “We received the FDA’s orders earlier this year. Given these products have not been commercially sold in several years, these orders will have no commercial impact.”

  • Puff Bar Suspends Sales in the United States

    Puff Bar Suspends Sales in the United States

    Photo: Puff Bar

    Puff Bar has “ceased all online sales and distribution in the U.S. until further notice,” according to its website. International sales will continue for now.

    The California-based e-cigarette company has come under scrutiny lately for replacing Juul as the vape of choice among young people as Juul Labs discontinued some of its flavored products.

    Puff Bar comes in more than 20 flavors, including pina colada and pink lemonade. Although the Trump administration banned fruit, mint and dessert flavors in refillable cartridge-based e-cigarettes like Juul earlier this year, it exempted brands that are used once and thrown away.

    Launched last year, Puff Bar has been the key beneficiary of the decision to exempt disposables form the flavor ban. Juul’s business, by contrast, has shriveled since it restricted sales in the United States to tobacco and menthol varieties last fall.

    When the FDA started regulating e-cigarettes, it permitted the continued sale of products that were on the market as of Aug. 8, 2016, pending agency review. Because Puff Bar was introduced after that date, the agency should have the authority to remove it even though the product is disposable and even if the FDA cannot prove the company is targeting youths.

    The exception would be if Puff Bar had already been on the market before the 2016 deadline, under a different name or sold by another company.

    Much remains unknown about Puff Bar. For example, it is unclear who owns the company, according to FairWarning. A document filed with the California Secretary of State lists Patrick Beltran as the chief financial officer and Nick Minas as the CEO, but both men have stated that despite their titles, they are in charge only of running the company’s website.

    While online U.S. sales have been suspended for now, Puff Bar products are still available on other ecommerce sites, such as Eliquidstop, which is owned by Minas and Beltran. Puff Bars can also still be found at numerous convenience stores throughout the U.S.

  • Outdoor Smoking Ban Condemned

    Outdoor Smoking Ban Condemned

    Simon Clark (Photo: Taco Tuinstra)

    The smoker advocacy group Forest has condemned a plan to ban outdoor smoking at U.K. pubs and cafes amid the Covid-19 pandemic.

    A group of lawmakers wants the government to require smoking to be banned if the businesses want licenses to serve pavement drinks.

    “This is gross opportunism by a small group of anti-smoking peers who have spotted a chance to advance their extreme anti-smoking agenda,” said Simon Clark, director of Forest.

    “There is no evidence that smoking in the open air is a threat to public health, so this is a matter for individual businesses not government or local authorities. In the wake of lockdown, pubs, restaurants and cafes already face huge challenges. This is the worst possible time to add to their burden by imposing further regulations that could discourage a lot of smokers from returning.”

    Forest is urging the hospitality industry to fight the ban.

    “The smoking ban had a huge impact on the pub sector and was a significant factor in thousands of pubs closing after it was introduced in 2007,” Clark said.

     

  • Kazakhstan Tightens Tobacco Law

    Kazakhstan Tightens Tobacco Law

    Photo: Tobacco Reporter archive

    Kazakhstan President Kassym-Jomart Tokayev on July 8 signed into law comprehensive tobacco control measures to protect Kazakhstanis against the health and economic consequences of tobacco consumption.

    The Health Act treats all nicotine products, including e-cigarettes and heated tobacco devices, as tobacco products. Smokeless tobacco products are banned altogether.

    It prohibits point-of-sale displays and expands the list of smoke-free places to outdoor playgrounds, underground walkways, transit areas and cars with children. The legislation also prohibits new products in smoke-free places and increases fines for violators.

    The new law increases the size of pictorial warning labels from 50 to 65 percent of the display areas and raises the legal age to purchase tobacco products from 18 to 21.

    Manufacturers will be required to disclose the contents of all products containing nicotine.

     

  • FDA Accepts Premarket Applications for Leap

    FDA Accepts Premarket Applications for Leap

    E-Alternative Solutions (EAS) has received acceptance and filing letters from the U.S. Food and Drug Administration (FDA) for its Leap and Leap Go products.

    EAS is now in the substantive review phase of the premarket tobacco product application (PMTA) process. If successful, this phase will result in marketing orders from the FDA authorizing the continued marketing and sale of these products.

    “The substantive review is where our months of hard work assembling more than 100,000 pages of evidence will pay off in supporting our proposition that the Leap and Leap Go products are appropriate for the protection of public health,” said Chris Howard, vice president, general counsel and chief compliance officer at EAS.

    “We are looking forward to continued collaboration with [the] FDA in the weeks and months to come and remain optimistic that the PMTA process will result in marketing orders.”

  • FDA Grants IQOS Exposure Claim

    FDA Grants IQOS Exposure Claim

    Photo: PMI

    The U.S. Food and Drug Administration (FDA) on July 7 issued exposure modification orders to Philip Morris Products’ (PMP) IQOS heat-not-burn device system (holder and charger) and three Marlboro Heatstick variants.

    The FDA previously authorized the marketing of IQOS without modified risk information in April 2019 via the premarket tobacco application pathway.

    In its most recent ruling. the FDA determined that IQOS does not currently meet the standard for marketing with reduced-risk claims but can be marketed with a reduced-exposure claim.

    Specifically, the FDA is allowing the company to claim:

    • The IQOS system heats tobacco but does not burn it.
    • This significantly reduces the production of harmful and potentially harmful chemicals.
    • Scientific studies have shown that switching completely from conventional cigarettes to the IQOS system significantly reduces your body’s exposure to harmful or potentially harmful chemicals.

    “Through the modified risk tobacco product application process, the FDA aims to ensure that information directed at consumers about reduced risk or reduced exposure from using a tobacco product is supported by scientific evidence and understandable,” said Mitch Zeller, director of the FDA’s Center for Tobacco Products.

    “Data submitted by the company shows that marketing these particular products with the authorized information could help addicted adult smokers transition away from combusted cigarettes and reduce their exposure to harmful chemicals, but only if they completely switch.”

    In its announcement, the FDA stressed that is marketing authorization doesn’t mean the reviewed products are safe or “FDA approved.”

    The FDA’s marketing order requires PMP to conduct post-market surveillance and studies to determine the impact of these orders on consumer perception, behavior and health, and to enable the FDA to review the accuracy of the determinations upon which the orders were based.

    These post-market requirements include a rigorous toxicity study using computer models to help predict potential adverse effects in users. The orders also require the company to monitor youth awareness and use of the products to help ensure that the marketing of the MRTPs does not have unintended consequences for youth use.

    “The FDA’s decision is a historic public health milestone,” said Andre Calantzopoulos, CEO of Philip Morris International. “Many of the tens of millions of American men and women who smoke today will quit—but many won’t. Today’s decision makes it possible to inform these adults that switching completely to IQOS is a better choice than continuing to smoke. FDA determined that scientific studies show that switching completely from conventional cigarettes to IQOS reduces exposure to harmful or potentially harmful chemicals.”

    “The FDA’s decision provides an important example of how governments and public health organizations can regulate smoke-free alternatives to differentiate them from cigarettes in order to promote the public health.”

    “We’re delighted that the FDA authorized IQOS to be marketed as a modified-risk tobacco product,” said Billy Gifford, CEO of Philip Morris USA’s parent company, Altria Group, which will be marketing the product in the U.S. “This authorization gives PM USA an opportunity to communicate additional benefits of switching to IQOS and this decision is an important step for adult smokers.”

    In a note to investors, Morgan Stanley described the FDA’s order as a positive development because it provides greater flexibility for IQOS to be marketed as relatively less harmful than cigarettes.

    “The inability to make relative lower harm claims is a constraint to broader IQOS adoption in the U.S.,” wrote Morgan Stanley analyst Pamela Kaufman.

    “Over time, PM can continue to submit additional information towards a full MRTP approval. The modified exposure designation combined with pending PMTA approval for IQOS 3 should accelerate MO’s [Altria’s] U.S. expansion strategy for IQOS. The FDA’s recognition of IQOS’s benefits relative to cigarettes may also enhance IQOS’ perception with international health agencies, helping its growth prospects,” Kaufman said.

    Anti-smoking activists were less enthusiastic. In a joint statement, the Campaign for Tobacco-Free Kids, the American Cancer Society Cancer Action Network, the American Heart Association, the American Lung Association and the Truth Initiative, said the FDA marketing order would put consumers at risk.

    “With today’s action, the FDA has created a real danger that kids and adults will falsely believe IQOS has been proven to present a lower health risk and that kids will be exposed to marketing that portrays IQOS, a highly addictive tobacco product, as an appealing, cool alternative to cigarettes, in much the same way as e-cigarettes,” the anti-tobacco groups wrote in their statement.

    IQOS is the first tobacco product to receive exposure modification orders and the second to be authorized as a modified risk tobacco product. In October 2019, the FDA authorized Swedish Match U.S. division’s amended MRTP applications for eight varieties of General Snus, giving the company the right to market the product as a less harmful alternative to cigarettes.

  • Senate Bill Bans Online E-Cig Sales to Minors

    Senate Bill Bans Online E-Cig Sales to Minors

    Photo: lexphumirat from Pixabay

    The U.S. Senate on July 1 approved a bill to stop internet sales of vapor products to minors, reports NASC.

    Passed unanimously, the Preventing Online Sales of E-Cigarettes to Children Act seeks to close the online loophole of e-cigarette sales to minors by applying the same measures that are required when traditional cigarettes are purchased online. The House passed its version of the bill last year.

    The legislation would require online sellers of e-cigarettes to ensure the carrier verifies the age of the recipient upon delivery. It would also require online sellers to collect and remit the appropriate state and local taxes.

    These measures are already in place for cigarettes and smokeless tobacco products purchased over the internet because of the Prevent All Cigarette Trafficking (PACT) Act, which Congress enacted in 2010. E-e-cigarettes were uncommon in the marketplace when the law was passed.

    The internet is the most common retail source of e-cigarettes to minors, according to a study published in 2018 by the American Journal of Health Promotion.

    “According to a report last year, more than a quarter of all high school students and one in 10 middle school students had vaped in the previous 30 days, despite the fact that they are underage and should not have legally been able to buy e-cigarettes,” said Senator Feinstein, one of the sponsors of the Senate bill.

    “Age verification for purchasing e-cigarettes online remains practically nonexistent, and it’s time we start regulating these products at least as much as we do traditional cigarettes.”

    Last October, the House passed its version of the same bill on suspension. Given that the Senate bill is slightly different than the House version, the House will need to pass the Senate’s version before it can become law.

  • Philippines Mull Ban on Online Cigarettes Sales

    Philippines Mull Ban on Online Cigarettes Sales

    Photo: Pete Linforth from Pixabay

    The Philippine Department of Finance (DOF) wants to ban internet sales of cigarettes and alcoholic beverages.

    The proposal comes at a time when more Filipinos are using more online transactions to buy products, especially with community quarantines in place to contain the Covid-19 outbreak.

    E-commerce platforms have been offering cigarettes for sale at discounts of up to 50 percent, raising concerns about illicit trade.

    The government’s excise tax collections from alcohol and tobacco products from January to May decreased by 39 percent from with the same period last year due to restrictions on nonessential items.

    Citing data from the Bureau of Internal Revenue, Finance Undersecretary Gil Beltran said cigarette factory shipments contracted by 72 percent to 376.3 million packs in the period January-April.

    In July last year, the Philippines increased excise taxes on tobacco products and introduced a new tax on e-cigarettes. In January, President Rodrigo Duterte signed off on legislation raising the e-cigarettes taxes.

    The DOF expects the additional revenues from these taxes to reach PHP13.2 billion this year and PHO73.1 billion from 2020 to 2022.