Category: Regulation

Germany to Curb Tobacco Advertising

Photo: Rene Van Den Berg | Dreamstime.com
The German government plans to limit the outdoor advertising of tobacco products, reports DW. Germany is the only EU state that still allows tobacco companies to broadly advertise their products.
Under the new rules, advertising of tobacco products will be authorized only in tobacco shops. In cinemas, commercials for tobacco products may be shown only in films aimed at adult (18+) audiences. Distribution of free tobacco samples will also be prohibited outside of specialist stores.
The restrictions on outdoor advertising will be implemented in stages. They will apply from Jan. 1, 2022, for tobacco products, from Jan. 1, 2023, for tobacco-heating devices and from Jan. 1, 2024, for e-cigarettes. The new rules for tobacco advertising in movie theaters are expected to come into force at the turn of the year.
Anti-smoking activists have long pushed for tighter restrictions on advertising but met with fierce opposition. An attempt to pass similar legislation in 2016 failed to garner the required support. After resisting tighter laws for many years, Chancellor Angela Merkel’s CDU/CSU coalition changed its position at the end of 2019.
Tobacco companies expressed concern about the new legislation. Philip Morris International Managing Director Claudia Oeking suggested that, without advertising, it would be difficult to inform smokers about less-harmful products.
The tobacco industry spent an estimated €100 million ($112 million) a year on cinema and outdoor advertising in Germany.
July 6, 2020
Spain to Toughen Tobacco Law

Photo: javier alamo from Pixabay
The Spanish government is drafting a new tobacco law to replace outdated legislation that has not been amended since 1998, reports EuroWeekly.

Minister of Health Salvador Illa wants to increase taxation and bring taxes for different types of tobacco on an equal footing. For example, cigarettes are currently more heavily taxed than roll-your-own tobacco.

To avoid hoarding, the price increases will be made without notice.

The Health Department also intends to extend smoke-free areas, and smoking could be banned in private cars, especially if there are children onboard.

Meanwhile, the Ministry of Finance wants to tighten the regulatory framework to meet World Health Organization and EU standards—in particular, the regulations governing the import or sale of cigarettes and electronic devices.

In addition, there are plans to increase sanctions on importers to reduce illegal trafficking of tobacco.

The aim is to have a draft ready by September so that the changes can be presented to the Congress of Deputies before the end of the year.

Smoking currently generates €9 billion ($10.09 billion) in tobacco taxes for the Spanish treasury each year.
June 30, 2020
Pending Ban Triggers Run on Nicotine Vapes

Photo: Ethan Parsa from Pixabay
Australians have started stockpiling e-cigarettes after their government announced it would ban imports of most vapor products, reports the Daily Mail.
From July 1, it will be illegal to import e-cigarettes and refills containing nicotine liquids or salts.
New Zealand’s leading retailer of vaping supplies, Shosha, recorded a 130 percent spike in sales from Australia since the announcement. Shosha also experienced a 44 percent increase in foot traffic compared to the same time last year.
Under Australia’s new regulations, individuals would need to visit a doctor and be issued a prescription to purchase their nicotine containing e-cigarettes or refills.
Even valid prescription holders would still be prohibited from purchasing the devices from overseas themselves.
The ban on importing nicotine e-cigarettes and refills would be in line with existing bans on their sale in each state and territory.
The prohibition would last 12 months while the government conducts a public consultation on the regulation of nicotine products by the Therapeutic Goods Administration.
The regulation would see nicotine products added to the Poisons Standard making them prohibited permanently with the exception of tobacco cigarettes and smoking-cessation products such as gums and patches.
The Coalition of Asia Pacific Tobacco Harm Reduction Advocates (CAPHRA) has protested Australia’s ban, saying it will deprive millions of vapers and existing smokers of their rights to access better alternatives to combustible cigarettes.
“Smokers in Australia have been denied access to a proven harm reduction tool and vapers in Australia have yet again been dealt a potentially fatal blow which will see many of the 300,000 strong vaping community go back to smoking cigarettes,” CAPHRA Executive Director Nancy Loucas said in a statement.
The group pointed to studies showing that e-cigarettes are 95-percent less harmful than combustible tobacco because they do not involve combustion. “It has been known for decades that tar, and carcinogens found in tobacco smoke, cause the death and disease associated with smoking, and not nicotine,” CAPHRA stated.
June 24, 2020
PM: Irish Menthol Ad Was A Mistake

Peter Nixon, managing director of Philip Morris for the U.K. and Ireland.
Photo: Dave Parker
Philip Morris has told Irish retailers it made a mistake in labeling its new Marlboro Bright brand as a “menthol blend’ in a trade press advertisement, reports The Irish Times.

The company introduced Marlboro Bright after menthol cigarettes became illegal across the European Union on May 20. The new brand replaces the company’s old Marlboro Green cigarettes.

Writing in Retail News, Peter Nixon, the managing director of Philip Morris for the U.K. and Ireland, said the advertisement should not have run.

The ad for retailers had described Marlboro Bright as “the Marlboro menthol blend—without methylation.”

Nixon said “methylation” was a typo that should have read “without menthol.” He insisted Marlboro Bright is a traditional cigarette without menthol and thus in compliance with the ban.

Public health advocates have been watching the tobacco industry’s actions closely in the wake of the EU ban. Earlier, Japan Tobacco International (JTI) was criticized for continuing to use menthol during the manufacturing process of its Silk Cut Choice Green brand.

JTI insisted this is legal as long as the additive does not result in a characterizing smell or taste in the cigarettes other than tobacco.

The Health Service Executive is investigating if any tobacco companies are in breach of the menthol ban.

The Irish market for menthol cigarettes was worth €250 million ($282.82 million) prior to the ban.
June 23, 2020
Dutch Plan to Ban Flavored Vapor in 2021

The Netherlands plans to ban flavored vapor products beginning sometime next year. The goal is to make vaping less attractive to young people, the government said on Tuesday.
Flavors currently available range from mojito and strawberry ice cream to mango and chocolate, the government said. With its sweet tastes and perceived lower health risks, vaping has rapidly become popular among young non-smokers, who are often seen to use them as a stepping stone to regular tobacco products, according to an article from Reuters.
“It is unacceptable that 20,000 people die every year in our country from the effects of smoking and that every day around 75 kids start smoking”, deputy health minister Paul Blokhuis said. “The smoke-free generation we see coming also needs to be free of electronic cigarettes.”
The government will refine the tobacco law to include the ban on flavored e-cigarettes, which is likely to take effect in the first half of next year, the government said. Tobacco-flavored vaping products will remain available, mainly to help regular smokers kick their habit, it said.
A Dutch government report in 2017 said that over a quarter of people aged 12-16 said they had tried vaping at least once. Electronic cigarettes and water pipes have been banned in the Netherlands for anyone under the age of 18 since 2016.
June 23, 2020
South Korea to ‘Refresh’ Tobacco Health Warnings

Photo: KT&G
South Korea will introduce new graphic warning images this year, reports the Yonhap News Agency.

Of the 12 photos currently used on cigarette packs, nine will be replaced with new images starting Dec. 23, the Ministry of Health and Welfare said.

The new images will highlight the greater chances of smokers contracting lung and oral cancer, heart disease, stroke and early death, as well as the dangers of secondhand smoking and smoking during pregnancy.

Warning images showcasing the heightened risk of laryngeal cancer, sexual dysfunction and dangers posed by electronic cigarettes will be retained as they have been shown to be effective in enhancing risk awareness, according to the ministry.

South Korea’s rules require 75 percent of a cigarette pack to be covered in warning images and text. Images must account for 55 percent of the packs with both the front and back required to show graphic pictures. These images need to be revised every 24 months.
June 22, 2020
Australia Extends Nicotine Vape Ban

Photo: Haiberliu from Pixabay
E-cigarettes containing nicotine will remain illegal in Australia for at least another year, reports The Daily Mail.
The federal government is extending a ban on the importation of such products unless prescribed by a doctor.
The ban will remain in place for 12 months to allow for public consultation on the regulation of nicotine products by the Therapeutic Goods Administration.
Under the ban, Australians would still be able to vape nicotine if their doctor provides a prescription.
They would get their e-cigarettes or refills via a permission granted by the health department to a doctor or medical supplier who would be able to import the goods using a courier service or by cargo service.
The goods cannot be imported through international mail.
The Australian Medical Association (AMA) welcomed the decision, saying that vaping is not a healthy alternative to smoking.
“Nicotine is a highly addictive substance and there is no level of tobacco use which is safe,” AMA Vice President Chris Zappala said.
June 22, 2020
Marketing Authorization Requested for Leap

Photo: Timothy Donahue
E-Alternative Solutions (EAS) has submitted premarket tobacco product applications (PMTAs) to the U.S. Food and Drug Administration (FDA) seeking authorization for the marketing and sale of its portfolio of Leap and Leap Go vapor products.
“We are pleased to take this important step in demonstrating our commitment to the vapor industry, retailers and adult smokers seeking an alternative to combustible cigarette smoking with our Leap and Leap Go vapor products,” said Jacopo D’Alessandris, president and CEO of EAS.
“At EAS, we have always held ourselves to high standards, from supplying adult consumers with products they can trust to consistently following ethical marketing practices. We are confident in the strong merits of our PMTAs and want to thank our compliance and research teams for developing and delivering thorough submissions.”
According to EAS, the PMTAs plays support the proposition that Leap and Leap Go vapor products are appropriate for the protection of public health. “The collective 75,000-plus-page PMTA submissions for Leap and Leap Go are the result of months of hard work and investigation that included an assessment of the stability of the products over time, toxicological formula reviews, toxicology testing, an assessment of abuse liability, label comprehension studies and behavioral studies,” the company wrote in a statement.
In addition, EAS undertook an extensive review of available literature on vapor products related to health effects, behavioral factors and toxicological end points. Further, an exacting risk assessment was conducted across many areas of potential risk for Leap and Leap Go products.
“Our PMTA submissions provide a robust analysis of the Leap and Leap Go products that will enable [the] FDA to conclude these products are appropriate for the protection of public health,” said Chris Howard, vice president, general counsel and chief compliance officer at EAS. “The PMTA process sets a high bar and holds companies accountable, ensuring vapor product manufacturers follow the rules and act in good faith. Looking ahead, a robust collaboration with [the] FDA will help build a strong future for both the vapor industry and adult consumers.”
June 17, 2020
Hong Kong: Vapor Ban Threat Lifted

Photo: carloyuen from Pixabay
Asian consumer advocacy groups and tobacco harm reduction advocates have welcomed Hong Kong Legislative Council’s (Legco) decision to suspend discussions on a proposed ban of vapor products, saying this will provide smokers with safer smoke-free alternatives.

On June 2, Legco’s bills committee on smoking announced it had ceased discussions over the proposed ban on electronic cigarettes, heat-not-burn tobacco products (HTPs) and other electronic nicotine-delivery systems.

Some committee members strongly opposed the measure, citing scientific studies showing that e-cigarettes, HTPs and the like have lower levels of toxicants than combustible cigarettes.

IQOSER, a heated-tobacco concern group in Hong Kong, said the end of discussions on the proposed ban would hopefully bring lawmakers’ attention to the problem of smoking in the territory.

“Smoking incidence remains at more than 10 percent in Hong Kong, which means a tenth of our population is exposed to the health risks brought about by toxicants found in tar, the by-product of tobacco smoke,” said Joe Lo of IQOSER, a member of the Coalition of Asia Pacific Tobacco Harm Reduction Advocates.
June 16, 2020
Australian Regulator Rejects Tobacco Heating Products

Photo: PMI
Australia’s Therapeutic Goods Administration (TGA) on June 10 in an interim decision rejected a request by Philip Morris Australia to adjust nicotine regulations in a manner that would allow the company’s heat-not-burn product (HTP) reach store shelves.
Currently, only combustible tobacco products such as cigarettes and cigars are permitted to be sold in Australia.
Philip Morris (PM) spokesperson Simon Breheny called the decision disappointing. “It puts Australia at odds with many other countries who have decided to regulate heated-tobacco and smoke-free alternatives,” he said.
“The right decision was made,” said Becky Freeman, a researcher from Sydney University’s School of Public Health. “They [HNB products] are not some miracle product that reduces smoking.”
While Breheny noted that PM will not challenge the interim decision, he maintained that a regulatory mechanism is the appropriate way forward. “People who are looking for these alternatives will continue to make the case for why they are important,” he said.
The TGA is scheduled to release its full final decision in August.
June 12, 2020