North Carolina State House of Representatives Chamber (Credit: J Zehnder)
A new bill in North Carolina, if passed, would require the state to certify vaping and other next-generation tobacco products for sale.
The Senate Judiciary Committee approved the proposal Wednesday. It was slipped into HB 900, which deals with Wake County leadership academies and their ability to maintain state designations. The House passed it without objection.
To become law, the bill would need to pass the Senate and then the House before the end of the session. Senate leaders have said they plan to complete their work by the end of the month, local media reports.
The chambers, both controlled by Republicans, have been unable to come to an agreement on budget modifications for the fiscal year that begins July 1.
A North Carolina lawmaker wrongly told other lawmakers during debate that the U.S. Food and Drug Administration regulates the products, but the regulatory agency does not have the ability to check which products are being sold.
The bill would fine retailers who sell products that aren’t on the registry for initial violations. The legislation could also suspend or revoke the establishment’s license.
Vaping industry representatives warned lawmakers that the bill will cost people jobs and money.
PMTA registry laws are already being enforced in Alabama, Louisiana and Oklahoma. Wisconsin passed a registry law in December and will become effective July 1, 2025.
Utah also passed a registry bill that included a flavor ban that will become active on Jan. 1, 2025, and Florida has a unique registry that also begins Jan. 1, 2025.
The Food and Drug Administration Thursday rescinded its 2022 ban on Juul Labs’ e-cigarette products. However, the agency has not yet made a final decision on whether Juul can remain on the U.S. market. The move does open the door for Juul to receive marketing authorization from the regulatory agency.
In 2022, the FDA ordered Juul to stop its sales, but later paused the order while the vaping company appealed. The agency announced that it would reinitiate a scientific review of Juul’s products, essentially returning them to their regulatory status before the initial ban.
In the time since the MDOs were administratively stayed in 2022, the FDA has gained more experience with various scientific issues regarding e-cigarette products, and there have been new litigation outcomes in cases about MDOs for e-cigarette products from other manufacturers,” the FDA stated in a release. “Some of these court decisions establish new case law and inform the FDA’s approach to product review to maintain the agency’s commitment to issuing final decisions that are appropriate on both the scientific merits and the law.”
Rescission of the MDOs is not an authorization or a denial and does not indicate whether the applications are likely to be authorized or denied. Rescission of the MDOs returns the applications to pending status, under substantive review by the FDA. The FDA’s regulations significantly limit what the agency can disclose regarding the content of pending applications.
Juul Labs welcomed the move. “We appreciate the FDA’s decision and now look forward to re-engaging with the agency on a science- and evidence-based process to pursue a marketing authorization for Juul products, the company wrote in a statement. “We remain confident in the quality and substance of our applications and believe that a full review of the science and evidence will demonstrate that our products meet the statutory standard of being appropriate for the protection of public health.”
The new Vape Law in the Philippines will take effect on June 1. The new rules also apply to all next-generation tobacco products, including heat-not-burn and e-cigarettes. The Department of Trade and Industry (DTI) will require all vape products to be registered with the agency on that date, an official said on Tuesday.
At a forum organized by the Bantay Konsumer, Kalsada, Kuryente (BK3) in Makati, DTI Undersecretary Amanda Nograles said the “importation and manufacturing of vaporized nicotine and non-nicotine products and novel tobacco products must now undergo the DTI certification process.”
This means that products must have the Philippine Standard (PS) mark and Import Commodity Clearance (ICC) sticker first before they can be sold on the market.
Nograles said at least 3 companies have already applied for registration, and they urge others to begin the process since the registration may take some time. She clarified that there will be a 6-month transition period to allow all firms to comply.
“We will allow them to sell all the existing inventory. On January 5, 2025, we will do market clearing. There should be no vape products without a PS license and ICC [sticker],” Nograles said, adding that the agency will continue to monitor shops to ensure that no minors will be allowed to buy vape products. They will also check if the vape has marijuana oil.
The Coalition of Asia Pacific Tobacco Harm Reduction Advocates (CAPHRA) states that as it celebrates World Vape Day on May 30, 2024, the organization is urging global leaders to recognize the life-saving potential of safer nicotine products and to expose the ongoing disinformation campaign led by the World Health Organization (WHO).
“Despite overwhelming scientific evidence supporting the reduced risk of vaping compared to combustible tobacco products, the WHO continues to ignore the facts and mislead the public,” said Nancy Loucas, executive coordinator of CAPHRA. “These products, including e-cigarettes, snus, and heated tobacco products (HTPs), offer a viable alternative for millions of smokers seeking to reduce their health risks.
“The GSTHR reports have shown that these alternatives are not only effective in reducing harm but also play a significant role in public health by providing accessible and acceptable options for smokers worldwide.”
CAPHRA has criticized the WHO’s exclusionary tactics, particularly at the 10th Session of the Conference of the Parties (COP10). By excluding consumer groups and harm reduction advocates, the WHO has demonstrated a blatant disregard for the voices of those directly impacted by tobacco use, according to an emailed press release.
“One of the most egregious aspects of the WHO’s stance is its use of children as pawns to propagate the false narrative that vaping is not a tobacco harm reduction product,” said Loucas. “This disinformation campaign not only undermines the credibility of harm reduction efforts but also jeopardizes the health of millions of adult smokers who could benefit from switching to safer alternatives.”
CAPHRA is calling on all vaping industry stakeholders, including policymakers, public health officials, and the media, to recognize the truth about tobacco harm reduction. The release states that it is time to challenge the disinformation spread by the WHO and advocate for evidence-based policies that prioritize the health and well-being of smokers worldwide.
“It’s time for the WHO and FCTC to listen to consumers and integrate harm reduction into their policies. Only then can we tackle both the public health crisis of smoking and the escalating illicit tobacco trade,” said Loucas. “The WHO’s stance not only ignores the evidence supporting these strategies but also undermines the global fight against the tobacco epidemic.”
According to several media reports, the ruling, announced last week, was in response to a lawsuit brought by the Asociación por la Reducción de Daños del Tabaquismo de Panamá (ARDT Panama), a vaping consumer advocacy group.
The court found that Law 315 violated parliamentary procedures spelled out in Article 170 of the Panamanian constitution, according to Panama America.
Law 315 prohibited the sale and import of all vaping and heated tobacco products, with or without nicotine. It also banned online sales, prohibited vaping in any place where smoking is not allowed, and gave customs authorities the right to inspect, detain, and seize shipments into the Central American country.
The law passed the National Assembly in 2021, and was given assent by Panamanian President Laurentino Cortizo nearly a year later, on June 30, 2022. Panama had previously prohibited vape sales under a 2014 health ministry decree.
The ARDT Panama lawsuit challenged the vaping ban on the basis that it violated the constitutional right to health (depriving people who smoke of a lower-risk substitute). Also, it alleged that the National Assembly violated technical parliamentary rules in passing the law.
According to El Capital Financiero, the legal challenge was also supported by the Association of Smokers and Families for a Smoke-Free Panama and the Medicinal Cannabis Association of Panama.
It’s unclear if the high court also weighed in on the health-based challenge.
Njoy, a subsidiary of Altria, submitted a supplemental premarket tobacco product application (PMTA) to the U.S. Food and Drug Administration for the commercialization and marketing of its ACE 2.0 device.
The new device includes access restriction technology designed to prevent underage use. This is achieved through Bluetooth connectivity, which authenticates the user before unlocking the device. The company has also re-submitted PMTAs for blueberry- and watermelon-flavored pod products, which are exclusively compatible with the Njoy ACE 2.0 device.
“Altria’s Vision is to responsibly lead the transition of adult smokers to a smoke-free future. We’re excited to build on our existing FDA-authorized products,” said Njoy President and CEO Shannon Leistra in a statement. “Njoy ACE 2.0 includes critical technology features to prevent underage access to flavored Njoy products while also responsibly providing flavored options for adult smokers and vapers.”
The Njoy ACE is the only pod-based vaping product currently with marketing authorization from the FDA. In the first quarter of 2024, Njoy announced it had broadened distribution to over 80,000 stores and expects to expand to approximately 100,000 stores by year-end.
Njoy also continued the roll-out of the brand’s first retail trade program, which is designed to help achieve optimal retail visibility and product fixture space.
“Given the widespread illicit flavored e-vapor marketplace, this product offers the FDA a sound solution for balancing the known risk to youth with an opportunity to offer adults legal, regulated choices,” said Paige Magness, senior vice president of regulatory affairs of Altria Client Services. “We hope the FDA prioritizes the review and authorization of this application given its interest in device access restriction technologies to reduce youth access.”
The Njoy had previously received marketing denial orders for its blueberry (2.4% and 5% nicotine strengths) and watermelon (2.4% and 5% nicotine strengths) pods.
Njoy believes its latest applications sufficiently address the FDA’s concerns regarding underage use by incorporating device age and identity-based access restriction and demonstrating that these restrictions are effective at preventing underage access in virtually all cases. Currently, the FDA has not authorized the marketing of any non-tobacco-flavored vaping product.
It is with sadness that we report the passing of Friedrich “Fritz” Bossert, former CEO of Lancaster Leaf Tobacco Co. and retired regional director of Universal Corporation’s Dark Air-Cured Group. He passed away on May 12. Bossert was a legend in the cigar industry.
Bossert spent 22 years at Universal. He started as vice president at Gebrueder Kulenkampff, a German subsidiary, in 2002, and in 2005, he was promoted to the position of senior vice president of International Operations and Sales for Lancaster Leaf. In 2009, Bossert was elected Universal’s regional director of its Dark Air-Cured Group and, at the same time, was elected the CEO of Lancaster Leaf Tobacco Co.
A subsidiary of Universal, Lancaster Leaf specializes in producing dark air-cured tobacco, which is primarily used for making cigars. Bossert was a well-known and popular friend of the cigar industry, and his numerous contributions will always be remembered.
George C. Freeman III, chairman, president, and CEO of Universal, said that Bossert’s expertise and professional approach in the dark air-cured market fostered trusted partnerships with Universal customers, particularly during the cigar industry’s recent growth years.
In a note to Universal’s global operations yesterday, Freeman stated that Bossert was a giant in the dark air-cured industry because he was so passionate, knowledgeable and, above all else, he was a gentleman.
“That is how he approached life as well. Fritz valued loyalty and courtesy and the importance of relationships and friendships. He loved people, so he was just as comfortable attending a black-tie gala as he was standing in the middle of a wrapper field talking to a farmer,” stated Freeman. “I will dearly miss his wisdom, sense of humor, his courteous manner, and his friendship.”
Fritz Bossert
Mark Ryan, president of L.A. Poche Perique Tobacco and a longtime friend of Bossert, said he was devastated by the news of Bossert’s passing.
“Fritz was brilliant, professional, avuncular and a dear friend to many in our industry,” said Ryan. “He was always available to listen to our concerns and provide helpful insights and guidance. Fritz was an exceptional human being, admired by everyone in our industry, and I wish I could be more like [he was].”
During a 2020 trip to Cuba with Tobacco Reporter, Bossert taught several media members the art of rolling cigars by hand. Bossert was also well known for handing out his own unique blend of cigar, affectionately referred to as “Fritz Sticks.”
A global traveler, Bossert was responsible for managing Lancaster Leaf operations in several countries, including Brazil, the Dominican Republic, Ecuador, Indonesia, Nicaragua, Paraguay, the Philippines, and the United States. His insight and impact on the tobacco industry will continue well into the future. He was also a wine aficionado.
In a recent article commemorating his retirement, Drew Estate paid tribute to Bossert’s instrumental role in developing its MUWAT Kentucky Fire Cured line, a testament to his deep understanding of fire-cured tobaccos. Furthermore, Bossert’s expertise was pivotal in sourcing the Connecticut tobaccos that are the backbone of the Liga Privada brand, a testament to his unparalleled knowledge and influence in the industry.
Bossert had a deep understanding of tobacco and was especially experienced in tobacco’s journey from farm to factory. George Cassels-Smith, CEO of Tobacco Technology and a longtime friend of Bossert, praised Bossert’s understanding of the industry and his willingness to share his experiences.
“It is rare that an individual with so much knowledge of tobacco and our industry shares so freely with customers and shares connections to facilitate great products in the marketplace,” said Cassels-Smith. “Fritz was a walking encyclopedia of knowledge, contacts, and know-how, wrapped in a warm-hearted gentleman. His shoes will be hard to fill, and his presence will surely be missed by everyone he touched.
“Fritz was a legend in this industry and an approachable old-soul gentleman through and through. My heart goes out to his wife, Claudia, his daughters, and all of his friends worldwide; he was a huge positive to everyone he met.”
Flonq, a leading vaping system manufacturer, has released its latest innovations, the Flonq Ultra and Flonq Max Pro. The two devices, with advanced features and stylish designs, “promise to upgrade the vaping experience,” according to a press release.
Ultra and Max Pro feature an LED display for real-time monitoring of battery and liquid consumption. Both products also have a “boost” mode for enhanced performance that delivers “impressive vapor production and flavor intensity.”
Despite the large 18ml e-liquid capacity, which provides up to 20.000 puffs, both devices maintain a compact and ergonomic design.
“Unlike many vaping brands that simply enlarge their devices when increasing e-liquid tank capacity, we prioritize convenience and comfort for users,” states Marlen Nazarov, Flonq’s founder and CEO. “Our goal is to provide vapers with a combination of performance and style, offering a truly premium vaping experience.”
Flonq continues to offer refined flavors and memorable designs across its product range, according to the release. “We craft our devices, featuring minimalistic and sophisticated design”, explains Vladimir Parygin, the company’s head of Design. “At the same time, we ensure that each device possesses its own personality.”
While both devices feature powerful dual mesh coils, each utilizes a different coil type. In Max Pro, the coils are positioned one above the other, while in Ultra, both mesh coils form a single cylinder, created by right and left sections. This coil difference impacts the flavor experience. Max Pro offers intense and bold flavors, while Ultra delivers refined and firm flavors.
“Another significant aspect that sets us apart from our competitors is the time and effort we dedicate to creating unique designs. We don’t rely on established configurations in the vaping market, and provide compelling storytelling and inspiration behind each device,” stated Nazarov.
The Flonq Max Pro is inspired by the urban environment: big city life, cars, and modern architecture. The device boasts a glossy texture across its entire body and is offered in a variety of vibrant colors. Max Pro appeals to those who appreciate unconventional aesthetics.
For Flonq Ultra, the design team drew inspiration from a maritime theme, luxury boats and yachts. “The device embodies elegance and is crafted from soft-touch matte material,” the release states.
“While often overlooked, we consider every detail in our vapes: from the texture of the materials and portability to the shape of the mouthpieces, ensuring both visual appeal and functionality, of course,” stated Parygin.
The U.S. Drug Enforcement Administration plans to reclassify marijuana as a less dangerous drug, which could have far-reaching implications for American drug policy.
The proposed measure, which is yet to be reviewed by the White House Office of Management and Budget, aims to acknowledge the medical benefits of using cannabis and recognize the fact that it is less prone to abuse in comparison to some of the most dangerous drugs in the country and reclassify cannabis as a Schedule III drug.
However, it does not seek to legalize marijuana for recreational purposes.
Five people familiar with the matter who spoke on the condition of anonymity to discuss the sensitive regulatory review confirmed the agency’s move to the AP on Tuesday. The move clears the last significant regulatory hurdle before the agency’s biggest policy change in more than 50 years can take effect.
According to the DEA, the following are examples of Schedule I drugs:
Heroin
Lysergic acid diethylamide (LSD)
Cannabis
Methamphetamine
Methaqualone (Quaalude)
Peyote
According to the National Institute for Health, California became the first State to make it illegal to possess cannabis. In the 1930s, the then U.S. Federal Bureau of Narcotics warned of the increasing abuse of cannabis, and by 1937, 23 States had criminalized possession.
By 1970, the Controlled Substances Act passed, and the Federal government categorized marijuana as a Schedule I substance.
The planned DEA rule change followed an August 2023 recommendation from the Department of Health and Human Services (HHS) that DEA reschedule marijuana from Schedule I to Schedule III. Any change to the status of marijuana via the DEA rulemaking process would not take effect immediately.
The U.S. Food and Drug Administration announced on May 1 that it had sent warning letters to 14 online retailers. The reason for the warning letters was that these retailers were selling unauthorized e-cigarette products.
The warning letters specifically mentioned the sale of disposable e-cigarette products marketed under various brand names such as Elf Bar/EB Design, Esco Bars, Funky Republic, Hyde, Kang, Cali Bars, and Lost Mary, according to press release.
The retailers receiving these warning letters sold or distributed e-cigarette products in the United States that lack authorization from FDA, in violation of the Federal Food, Drug, and Cosmetic Act.
Warning letter recipients are given 15 working days to respond with the steps they will take to address the violation(s) cited in the warning letter and to prevent future violations. Failure to promptly address the violations can result in additional FDA actions such as an injunction, seizure, and/or civil money penalties.
The agency announced on April 30 that the U.S. Marshals Service seized more than 45,000 unauthorized e-cigarette products valued at more than $700,000 in California.
The seized products were mostly flavored, disposable e-cigarette products, including brands such as Puff Bar/Puff, Elf Bar/EB Design, Esco Bar, Kuz, Smok and Pixi.
