vaping - Tobacco Reporter https://tobaccoreporter.com Fri, 18 Jul 2025 14:18:10 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.2 New ASH data showing a rise in youth smoking is ‘deeply troubling’ says UK Vaping Industry Association https://tobaccoreporter.com/2025/07/18/new-ash-data-showing-a-rise-in-youth-smoking-is-deeply-troubling-says-uk-vaping-industry-association/?utm_source=rss&utm_medium=rss&utm_campaign=new-ash-data-showing-a-rise-in-youth-smoking-is-deeply-troubling-says-uk-vaping-industry-association Fri, 18 Jul 2025 14:18:05 +0000 https://tobaccoreporter.com/?p=164735 The new data reveals that one-in-five 11-17-year-olds have tried vaping, unchanged since 2023, while ever-smoking among young people has increased from 14% in 2023 to 21% in 2025.

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PRESS RELEASE

The UK Vaping Industry Association (UKVIA) is alarmed at new data from Action on Smoking and Health (ASH) which reveals a worrying increase in the numbers of young people smoking.

The new data reveals that one-in-five 11-17-year-olds have tried vaping, unchanged since 2023, while ever smoking among young people has increased from 14% in 2023 to 21% in 2025.

Vaping prevalence among adults remains at 10.4%, unchanged since 2024, suggesting the growth in uptake has stalled. With around a quarter of adult smokers in GB never having tried vaping, this is an issue which must be urgently addressed.

UKVIA Director General John Dunne said: “The UKVIA has always been clear that under 18s should not be vaping (or smoking for that matter) and it is deeply troubling to see smoking rates rise, particularly after a long period of decline and especially so among under 18s.

“We can’t afford to wait a moment longer to clamp down hard on retailers who sell age-gated products to minors. This is why we need a vape licensing scheme to ensure compliance with the law, put persistent offenders out of business and act as a deterrent to others.

“Enforcement in the UK is patchy at best, fines are woefully low and rogue retailers will continue flouting the law if they think they can get away with it.”

The ASH data on adult vaping trends shows that misperceptions about vaping harms have increased, with 53% of adult smokers believing that vaping is as harmful or more harmful than smoking. The ASH youth survey revealed that 63% of young people have the same misperception – up from 41% in 2022.

John added: “The misperceptions regarding the relative risks of smoking and vaping threaten to derail the government’s smokefree goals and we need a national public health information campaign to set the record straight.

“The rise in youth smoking experimentation should be a wake-up call for the government. Policies must prioritise reducing youth access to all nicotine products and not come at the cost of reversing progress on smoking rates.

“We urge public health authorities to step up efforts to communicate the clear scientific consensus that vaping is significantly less harmful than combustible tobacco use  and remains the UK’s most effective quit aid for adult smokers. Smoking still claims 220 lives every day in the UK and we must bring these numbers down.

“As the UK moves into a new regulatory phase following the ban on single-use vapes, the UKVIA and its members remain committed to working with regulators, trading standards and public health experts to ensure products stay out of children’s hands while remaining accessible and appealing to adult smokers who want to quit.”

On a more positive note, the figures show that 10% of GB adults vape, equal to an estimated 5.5 million people.

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Tariffs, Executive Orders and Cuts: The Trump Administration’s First Six Months https://tobaccoreporter.com/2025/07/02/tariffs-executive-orders-and-cuts-the-trump-administrations-first-six-months/?utm_source=rss&utm_medium=rss&utm_campaign=tariffs-executive-orders-and-cuts-the-trump-administrations-first-six-months Wed, 02 Jul 2025 12:38:05 +0000 https://tobaccoreporter.com/?p=164493 No vape company will take the time, effort, and capital required to set up in the U.S. with no guarantee the product will ever be approved for the domestic market.

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By Freddie Dawson, Senior editor, Tamarind Intelligence

The first six months of the second Trump administration can be defined by tariffs, executive orders and no further action on reforming the issues facing the American vaping market.

President Donald Trump embarked on his second term as president having promised to “save flavored vaping” in the U.S. in the lead up to the election. This has not yet happened despite a flurry of executive orders – at least 157 that have been published in the U.S. Federal Register as of May 23. (More have been announced but that was the date of the last one published at the time of writing.)

Many vaping advocates had hoped he might use an executive order to reset or reassess the U.S. Food and Drug Administration (FDA) Pre-Market Tobacco Application (PMTA) process. Thus far this has not happened and, instead, there have been some comments that could be construed as concerning.

There was the U.S. Supreme Court decision in the long-running case with the vaping company Wages and White Lion Investments – doing business as Triton Distribution – and the vaping company Vapetasia. The Supreme Court unanimously decided to vacate and remand the appealed Fifth Circuit Court decision that had been in favor of the companies over whether the FDA had been right to issue market denial orders (MDOs) to the them.

This was a disappointment for vaping advocates. The companies had argued the FDA had been arbitrary and capricious in the changes it made to PMTA requirements while also being unclear about those changes and what minimum requisites would need to be included to successfully be granted a market authorization and be considered a legal product able to be sold in the American market. Advocates hoped a decision in favor of the vaping companies would confirm the FDA approach had been wrong and pave the way for the new administration to implement a new policy.

Instead, the Supreme Court mostly rejected the vaping companies’ arguments. It did not arbitrate on all issues presented and returned the case to the lower court for further work, making the decision not a total defeat. However, it was a pretty galling blow for those wanting to see a change. Many of them hoped the Department for Health and Human Services (HHS) – now under new management – would even decline to continue to argue the case following the change in leadership.

Instead, they appeared to fully embrace the prior approach. A HHS spokesperson welcomed the Supreme Court decision. They said it represented confirmation that the approach taken by the FDA – including under the administration of former Democratic president Joe Biden – was the correct one. “The recent Supreme Court ruling supports the FDA’s efforts to regulate e-cigarette products in line with the standards outlined in the Tobacco Control Act,” a spokesperson said.

Beyond this, comments by the new HHS secretary – Robert Kennedy Jr and head of the FDA – Marty Makary could also be construed to be viewed as negative takes on vaping from major administration figures.

Both have been questioned by Florida Republican Senator Ashley Moody on what they will do to combat Chinese vaping products illicitly on the U.S. market. Makary told Moody he agreed that vaping products were proliferating on the American market and that this was due to the Chinese flooding it with cheap supplies.

He said public health research would never be able to properly study them as the market moved faster than the science could but that the FDA could collaborate with other U.S. government departments to increase enforcement actions. “The Office of Inspections and Investigations has a lot of people with guns, and they do enforcement and raids,” he said.

Several vaping commentators did not react well to this – particularly on the semi-serious threat of armed enforcement raids. However, it could also be theoretically read that Makary was implying the enforcement action would be directed at imported Chinese vaping products and that emphasis was placed on revamping the FDA’s approach to PMTAs.

Kennedy Jr’s later comments in answer to questions from Senator Moody could potentially support such a reading. He told her that the FDA had created its own backlog and had deliberately dragged its feet on approvals for American vaping companies, which had been acting responsibly by putting age verification chips in vaping devices, providing information on addiction and were making labels not attractive to children.

Chinese products had flooded the opening in the market provided by them obeying the law and that these were the products that were responsible for youth attraction issues with flavors, colors and youth-aimed enticements such as cartoon like imagery as well as features such as gaming capabilities on devices. He told Senator Moody that he promised to “wipe them out”.

Despite being a complete misreading of the nicotine alternatives history – and almost certainly being a ‘barn door shut after the horse has already bolted’ sort of promise, it does at least show some favor for American vaping companies and a potential desire to address issues facing it in the future.

That marks something of a change from Kennedy Jr’s initial nomination hearings where vaping did not come directly come up. However, his potential use of an Alp nicotine pouch during the sessions did draw a few headlines and suggested the new secretary may have a sympathetic stance on nicotine alternatives.

But although the administration has not addressed the U.S. vaping regulatory situation through any means – such as the use of executive orders – it has taken other actions through those means that have had an impact on the industry.

This includes several orders trimming resources for government entities that have some impact on vaping and other nicotine alternatives – including the HHS, the Center for Tobacco Products (CTP) itself and aspects of the Centers for Disease Control (CDC) such as the Office on Smoking and Health (OSH). This has resulted in redundancy or resignation for myriad groups of former federal employees in these organizations up to and including the former head of the CTP, Brian King and – allegedly – the entirety of the OSH.

The impact of these actions will likely take some time to properly be felt. In the short term it presumably has increased the disorder and delay already present in organizations such as CTP that would have had primary responsibility for PMTA assessment. Further in the future the decisions could potentially benefit vaping and other nicotine alternatives – depending how important intervening steps turn out.

For example, significantly more will be revealed on the future direction of PMTA assessment by who becomes the next head of CTP. A new head and new staff could perhaps be more efficient in assessing and processing PMTAs – though it is hard to see where new staff with the requisite expertise will suddenly materialize from. Similarly, much will be implied about the administration’s opinion of, and the potential future of, nicotine alternatives by what is done with the former activities of the OSH. For example, maintaining the collection and publication of smoking-related datasets but dropping things like preferential access to data or provision of OSH opinions on issues could create a more vaping-amenable atmosphere in the U.S..

Setting that aside, more immediately, the action taken through executive orders that has had the most impact on vaping and other nicotine alternatives has been the imposition of tariffs on goods imported into the U.S. from China. Primarily this has affected vaping hardware – though has also had an impact on other product which rely on specialist or mass-produced items that are hard to find from other sources at economically viable prices.

Theoretically this activity could be considered taking action against the proliferation of illicit Chinese vaping products on the market – as promised by Kennedy Jr and Makary. There is some evidence this is happening with reports of limits placed on maximum purchase numbers for disposable vaping products from wholesalers and decreases in registered imports of vaping products from China.

Data from the FDA showed only 71 shipments this May, compared to 996 in January 2025, before the additional new Trump tariffs started to be announced. It also compares to the 1158 shipments recorded last May.

But without a viable domestic vaping manufacturing sector in the U.S., the move risks worsening public health. There previously was little evidence of other nicotine alternatives leaching numbers away from vaping. There is perhaps a little more of that – primarily through dual use driven by situational advantages. This, for example, could be using pouches in scenarios where more discretion is required. But primarily the trend appears to still be for dual or poly use of products rather than switching entirely.

If vaping products continue to be limited by supply constraints brought about by tariffs, this trend may increase, or people may instead choose to move back to conventional cigarettes. There is little evidence domestic vaping will be able to spring up to fulfil the need. A couple of companies have announced they were transferring manufacturing capacity to the U.S. Many more are moving capacity out of China to third-party countries partly at least to get around U.S. tariffs.

But there will be no major transference of vaping capacity to the US simply because of the continuing PMTA situation. No company will take the time, effort, and capital it would require setting up manufacturing in the U.S. with no guarantee the product would ever be approved to be sold on the domestic market.

Meanwhile it is also unclear whether there has definitely been a reduction in Chinese vaping imports. Several manufacturers were already in the process of moving vaping manufacturing capacity out of the Shenzhen region in China due to rising costs driven by competition. Tariffs will have accelerated that trend – though President Trump’s “Liberation Day” spread of tariffs will have gone some way to reducing the advantage such a move would gain in terms of exports to the USA.

But it has been noted that imports of vaping products from countries such as Indonesia have already outstripped their totals for the entirety of last year (3,139 thus far this year compared to 3,102 for all of 2024). And there remains significant speculation that the vast majority of Chinese vaping imports – particularly for disposable vaping products – do not enter the U.S. under the proper registration. U.S. officials have alleged that they are often deliberately labelled as products such as shoes to get around restraints. Though this claim has been repeated many more times than evidence backing it has been produced.

One potential support of vaping products entering the U.S. market through some means aside from in registered shipments is the 90% discrepancy between the reported value of Chinese vaping exports to the U.S. ($3.6bn for 2024) and Chinese vaping imports registered with U.S. authorities ($333m for the same time period).

So thus far there has not been much help for vaping in the first six months of the second Trump administration. But there is the potential of future promise. Appointments and reassignments for the OSH and – primarily – the CTP could theoretically change the approach to vaping regulation in America. Further policing of illicit vaping products entering the market could lead to domestic uptake – if PMTA conditions were first sorted. So not much for vaping or wider nicotine alternatives in the first six months. But perhaps the groundwork for something more to be built later.

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Study: Vaping Does Not Help Smokers Quit https://tobaccoreporter.com/2025/03/06/study-vaping-does-not-help-smokers-quit/?utm_source=rss&utm_medium=rss&utm_campaign=study-vaping-does-not-help-smokers-quit Thu, 06 Mar 2025 21:32:50 +0000 https://tobaccoreporter.com/?p=163210 Vaping does not help cessation and is associated with reduced tobacco abstinence, says a study by the Tobacco-Related Disease Research Program.

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E-cigarettes do not increase smoking cessation and are associated with reduced tobacco abstinence, says researchers at the Herbert Wertheim School of Public Health and Human Longevity Science and Moores Cancer Center at the University of California San Diego. The study, among smokers in the U.S. and published March 5 in JAMA, “refutes the common misperception among tobacco users and e-cigarette proponents” that e-cigarettes can help people quit smoking.

“Most smokers think vaping will help you quit smoking,” John P. Pierce, Ph.D., a distinguished professor at the school and study’s co-author said. “However, this belief is not supported by science to date. While some researchers have suggested that smokers who switch to daily vaping will be more successful in quitting smoking, we studied quitting success among both daily and non-daily vapers and came up with a quite definitive answer.”

The study analyzed data from 6,000 U.S. smokers from the Population Assessment of Tobacco and Health Study. There were 943 smokers who also vaped and by matching and comparing these to similar smokers who didn’t vape, they found smoking cessation was 4.1% lower among smokers who vaped daily and 5.3% lower among smokers who vaped occasionally.

Researchers said that while e-cigarettes don’t have the same health consequences as smoking, they are not harmless.

“The adverse health effects of cigarette smoking become obvious after people have smoked for 20 years,” said Pierce. “While vapes generally don’t contain the same harmful chemicals as cigarette smoke, they have other risks, and we just don’t yet know what the health consequences of vaping over 20 to 30 years will be.”

This study was supported by the Tobacco-Related Disease Research Program of the University of California Office of the President.

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Belgium First in EU to Ban Disposable Vapes https://tobaccoreporter.com/2024/12/29/belgium-first-in-eu-to-ban-disposable-vapes/?utm_source=rss&utm_medium=rss&utm_campaign=belgium-first-in-eu-to-ban-disposable-vapes Sun, 29 Dec 2024 18:00:56 +0000 https://tobaccoreporter.com/2024/12/29/belgium-first-in-eu-to-ban-disposable-vapes/ The first total ban on the sale of disposable electronic cigarettes in the EU begins on Jan. 1.

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Belgium will ban the sale of disposable electronic cigarettes as of Jan. 1 on health and environmental grounds in a groundbreaking move for European Union nations.

Health minister Frank Vandenbroucke said the inexpensive e-cigarettes had turned into a health threat since they are an easy way for teenagers to be drawn into smoking and get hooked on nicotine.

“Disposable e-cigarettes is a new product simply designed to attract new consumers,” he said in an interview, according to NPR.

Because they are disposable, the plastic, battery and circuits are a burden on the environment. On top of that, “they create hazardous waste chemicals still present in what people throw away,” Vandenbroucke said, adding that he wants tougher tobacco measures in the 27-nation bloc.

“We are really calling on the European Commission to come forward now with new initiatives to update, to modernize, the tobacco legislation,” he said.

There is an understanding of Belgium’s decision, even in some shops selling electronic cigarettes, and especially on the environmental issue.

Once the cigarette is empty, “the battery is still working. That’s what is terrible, is that you could recharge it, but you have no way of recharging it,” said Steven Pomeranc, owner of the Brussels Vapotheque shop. “So you can imagine the level of pollution it creates.”

A ban usually means a financial loss to the industry, but Pomeranc thinks it will not hurt too much.

“We have a lot of alternative solutions which are also very easy to use,” he said. “Like this pod system, which are pre-filled with liquid, which can just be clipped into the rechargeable e-cigarette. So we will simply have a shift of clients towards this new system.”

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Wang: Global Trade Tariffs in Vaping https://tobaccoreporter.com/2024/12/20/wang-global-trade-tariffs-in-vaping/?utm_source=rss&utm_medium=rss&utm_campaign=wang-global-trade-tariffs-in-vaping Fri, 20 Dec 2024 19:20:52 +0000 https://tobaccoreporter.com/2024/12/20/wang-global-trade-tariffs-in-vaping/ Currently, vaping products imported from China face a 25% tariff, but there is a high likelihood that this could double.

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The vaping industry has always faced its share of challenges—from shifting regulatory landscapes to evolving consumer preferences. However, a few factors significantly threaten the industry’s future, such as the impact of global trade tariffs. With the United States set to increase tariffs on Chinese imports, companies that fail to adapt could face skyrocketing costs, disrupted supply chains, and a diminished ability to compete in one of the world’s largest markets.

Trade tensions between the U.S. and China have been escalating for several years. The vaping industry, which relies heavily on hardware manufactured in China, is particularly vulnerable to these developments. Currently, vaping products imported from China face a 25% tariff, but there is a high likelihood that this could double or even increase to 100% under future U.S. administrations.

For vaping companies, such tariff hikes mean the cost of importing devices could skyrocket. A 100% tariff would effectively double the cost of hardware produced in China, driving up retail prices for all such products in the U.S. market. This scenario threatens the financial viability of vaping companies and the availability of affordable, high-quality products for consumers.

The Strategic Decision to Move Manufacturing to Malaysia

Recognizing the potential for increasing tariffs and broader geopolitical challenges, some vaping manufacturers began shifting their operations from China to other countries. Such decisions were never made lightly. China has long been a global leader in manufacturing efficiency with a robust infrastructure and supply-chain network,, and moving away from such an established infrastructure posed significant logistical and operational challenges.

Malaysia offered several key advantages to manufacturers. Firstly, Malaysia enjoys favorable trade agreements with the United States, the United Kingdom, and the European Union. For instance, starting in December 2024, a new free trade agreement between Malaysia and the U.K. took effect, eliminating tariffs on products moving between the two countries. Similar agreements are in place or in development with other major markets.

Secondly, Malaysia’s robust manufacturing ecosystem and skilled workforce make it an ideal location for high-quality production. By establishing operations in Malaysia, companies can continue to deliver reliable, innovative hardware without the added burden of excessive tariffs.

The Broader Impact on the Global Supply Chain

The shift to Malaysia reflects a broader trend in global manufacturing. As trade barriers between the U.S. and China grow, a widespread redistribution of manufacturing operations is underway. Companies across industries—not just vaping—are reevaluating their supply chains to reduce dependence on any single country.

This global redistribution of resources presents both challenges and opportunities. For manufacturers, the challenge lies in building new infrastructure, securing reliable suppliers, and maintaining quality control in unfamiliar territories. However, companies that successfully navigate these changes benefit from more resilient supply chains, reduced geopolitical risk, and greater flexibility in responding to market shifts.

Maintaining Compliance and Quality Standards

Shifting manufacturing bases also brings new compliance considerations. Regulatory bodies like the U.S. Food and Drug Administration (FDA) require Premarket Tobacco Product Applications (PMTAs) for vaping devices. These applications are tied to specific manufacturing facilities, meaning that changing production locations requires amendments to existing PMTAs or new submissions.

Manufacturers must ensure that new facilities meet the highest quality and compliance standards. Proactively managing these regulatory requirements ensures that products remain market-ready even as production locations change.

The Future of the Vaping Industry Amid Trade Challenges

Looking ahead, it’s clear that trade tariffs and global manufacturing shifts are not short-term challenges. Regardless of who occupies the White House, protectionist trade policies are likely to persist or even intensify. The vaping industry must be prepared for this new reality.

Companies that fail to diversify their manufacturing operations face mounting costs and increasing vulnerability to trade disruptions. On the other hand, those who invest in flexible, resilient supply chains will be well-positioned to thrive.

The vaping industry is at a crossroads. Global trade tariffs pose a significant threat, but they also offer an opportunity for companies to rethink their supply chains and build more resilient operations. For manufacturers, shifting production from China to countries like Malaysia is not just a reactive measure—it’s a strategic move to secure long-term growth and competitiveness.

As the industry moves forward, companies that adapt to these challenges will be the ones that lead the way. The ability to anticipate trade disruptions, embrace innovation and maintain rigorous quality standards will determine who succeeds in this ever-evolving market.

As co-CEO of Ispire Technology Inc., Michael Wang is a leader in the development and commercialization of vaping technology and precision dosing. Previously, he served in executive roles at The Pharm/Sunday Goods, Onestop Commerce, Zazzle, and Honeywell.

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FDA Warns 9 More for Illegal Vape Sales https://tobaccoreporter.com/2024/12/19/fda-warns-9-more-for-illegal-vape-sales/?utm_source=rss&utm_medium=rss&utm_campaign=fda-warns-9-more-for-illegal-vape-sales Thu, 19 Dec 2024 16:46:27 +0000 https://tobaccoreporter.com/2024/12/19/fda-warns-9-more-for-illegal-vape-sales/ Some unauthorized products cited feature the names and/or images of celebrities.

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The U.S. Food and Drug Administration issued warning letters to eight online retailers and one manufacturer for selling and/or distributing unauthorized flavored, disposable e-cigarettes.

Some of the unauthorized products cited in the warning letters are marketed under brand names for disposable products, including Geek Bar and Lost Mary, according to the FDA. Other unauthorized products cited feature the names and/or images of celebrities.

The firms receiving these warning letters sold and/or distributed e-cigarettes in the United States that lack authorization from FDA to be legally marketed in the U.S., which is in violation of the Federal Food, Drug, and Cosmetic Act.

In addition to the violations mentioned in the warning letters, the firms were warned to address any violations that are the same as, or similar to, those stated in the warning letter and to promptly take necessary actions to comply with the law.

Failure to promptly correct the violations can result in additional actions such as an injunction, seizure, and/or civil money penalty.

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Justices Appear Divided on Triton’s PMTA Denials https://tobaccoreporter.com/2024/12/02/justices-skeptical-of-fdas-actions-on-vapes/?utm_source=rss&utm_medium=rss&utm_campaign=justices-skeptical-of-fdas-actions-on-vapes Mon, 02 Dec 2024 17:38:59 +0000 https://tobaccoreporter.com/2024/12/02/justices-skeptical-of-fdas-actions-on-vapes/ Justice Clarence Thomas called the FDA's guidance "a moving target" that shifted throughout the process.

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The hearing took just over an hour. Today, the United States Supreme Court heard oral arguments in FDA v. Wages and White Lion Investments, LLC, a pivotal case concerning the Food and Drug Administration’s rejection of applications to market flavored nicotine vaping devices.

The case is about much more than saving the vaping industry; it is also a landmark case for regulatory accountability related to public health and consumer choice. A decision is expected by the end of the Supreme Court’s term in June.

At issue is whether the FDA acted arbitrarily and capriciously when denying numerous premarket tobacco product applications (PMTA), as alleged by the manufacturers and affirmed by the U.S. Court of Appeals for the 5th Circuit, which accused the FDA of a “regulatory switcheroo”. 

Elizabeth Hicks, US Affairs Analyst of the Consumer Choice Center, stated that the case underscores the need for “fairness and transparency” in regulatory processes. “The FDA’s blanket denials have placed enormous hurdles on firms providing harm-reduction alternatives, potentially decimating an industry that millions of adult consumers rely on to transition away from smoking traditional cigarettes,” she said.

The court heard the FDA’s defense of the agency’s rejection of two companies’ premarket tobacco product applications (PMTAs) to sell flavored vape products that it has determined pose health risks for young consumers. The justices took up the FDA’s appeal filed after a lower court ruled that the agency had failed to follow proper legal procedures under federal law when it denied the applications to bring their nicotine-containing products to market.

In January, the full slate of 5th Circuit judges ruled 10-6 that the FDA had been arbitrary and capricious, in violation of a federal law called the Administrative Procedure Act, by denying the applications without considering plans by the companies to prevent underage access and use.

Associate Justice Clarence Thomas called the FDA guidance “a moving target” that shifted throughout the process. Also, Associate Justice Neil Gorsuch stated that applicants were not granted conditions for jury trials in administrative cases, as the court outlined in SEC v. Jarkesy. Gorsuch also wondered if the agency had failed to give applicants fair notice that the rules had changed.

The court has a 6-3 conservative majority that is often skeptical of federal agency decision-making.

Their lawyers argue that the FDA changed its standard for considering flavored vapes in the middle of the process without giving applicants adequate warning.

Kavanaugh also seemed to have sympathy for the FDA’s case. He said it was clear from the outset what the FDA’s position on issuing denial orders was: a focus on the harm to young people that flavored vape products bring. He noted that under the Tobacco Control Act, the FDA has the power to regulate tobacco products, with a special focus on youth.

If, after weighing the evidence, the FDA rejects an application, “It’s kind of the end of it, isn’t it?” Kavanaugh asked.

Hicks said the FDA’s rejection of Triton and Vapetasia’s applications demonstrates a failure to balance or even understand public health priorities and opportunities provided by less harmful nicotine products.

“While we all agree on the need to keep these products out of the hands of young people, denying adult smokers access to safer alternatives like flavored vaping devices could have dire consequences for harm-reduction efforts,” Hicks said in a press release. “Regulatory decisions should be evidence-based, not rooted in unachievable or shifting standards that are unreasonable to provide.”

 Justice Elena Kagan said that applicants know that the FDA believes that flavored vapes are especially appealing to children and that they would need to overcome that presumption in their PMTA submissions.

“I mean, there’s just not a lot of mystery here about what FDA was doing. You might disagree with that, because you think that, in fact, the world of 40-year-olds really wants to do blueberry vaping, but you can’t say that FDA hasn’t told you all about what it’s thinking in this respect,” Kagan told the companies’ lawyer, Eric Heyer.

Heyer told the justices that if his clients win the case, there could be a change in the FDA’s approach, citing comments Trump has made that he would “save vaping.”

Just before the hearing began, Tony Abboud, executive director of the Vapor Technology Association. said the High Court has the opportunity to examine and critique the farcical “wild goose chase” manufacturers have been led on over the years due to the FDA’s illegal and bad faith actions.

“While VTA eagerly awaits the SCOTUS decision, VTA knows that a favorable ruling will not fix the systemic and ideological failures at FDA. VTA will continue to work closely with the incoming Trump Administration, which can quickly and decisively end all current litigation – and all future litigation that will follow a SCOTUS decision favorable to industry – by implementing a new tobacco products standard which establishes clear scientific guidelines for the authorization of products and a real pathway to a broad and diverse U.S. vaping industry,” Abboud said. “Biden FDA’s illegal actions, which have deprived Americans of less harmful nicotine alternatives and are crushing an innovative industry, must be comprehensively addressed immediately through the bold and decisive leadership of President-elect Trump.” 

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UK Generational Smoking Ban Clears First Hurdle https://tobaccoreporter.com/2024/11/27/uk-generational-smoking-ban-clears-first-hurdle/?utm_source=rss&utm_medium=rss&utm_campaign=uk-generational-smoking-ban-clears-first-hurdle Wed, 27 Nov 2024 15:04:41 +0000 https://tobaccoreporter.com/2024/11/27/uk-generational-smoking-ban-clears-first-hurdle/ The bill must go through further parliamentary stages, with MPs able to suggest amendments.

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TR Archive

A landmark bill in the United Kingdom to ban its younger generation from smoking has cleared its first hurdle in the House of Commons.

If it becomes law, the legislation, backed by a 415 to 47 vote, would prevent anyone born after January 1, 2009, from buying tobacco.

Before then, the bill must go through further parliamentary stages, with MPs able to suggest amendments to any aspects they don’t like.

The legislation includes powers to introduce a licensing scheme for retailers to sell tobacco, vape, and nicotine products in England, Wales, and Northern Ireland.

Other proposed measures include a total ban on vaping product advertising and sponsorship, with a possible ban on the sale of sweet vape flavors, subject to consultation.

While the numbers indicate large cross-party support, there was strong criticism from Conservative, Liberal Democrat, and Reform UK MPs, who raised concerns about “civil liberties.”

The division list showed Tory leader Kemi Badenoch voted against the measure, having previously said “people born a day apart will have permanently different rights,” reports Sky News.

Former home secretary Suella Braverman, shadow immigration minister Robert Jenrick, and Sir Iain Duncan Smith were among the other high-profile Conservatives who didn’t back the bill.

While most Liberal Democrats did vote to support the bill, the party’s health spokeswoman Helen Morgan said: “The introduction of a phased smoking ban is problematic and not because Liberal Democrats want to see people smoke themselves into an early grave – far from it – but because it raises issues of practicality and raises issues of civil liberties.”

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Top Court to Hear Triton Vaping Case https://tobaccoreporter.com/2024/11/25/scotus-to-hear-triton-vaping-case-next-week/?utm_source=rss&utm_medium=rss&utm_campaign=scotus-to-hear-triton-vaping-case-next-week Mon, 25 Nov 2024 12:18:00 +0000 https://tobaccoreporter.com/2024/11/25/scotus-to-hear-triton-vaping-case-next-week/ The justices took up the FDA’s appeal after a lower appeals court ruled against the regulatory agency.

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The U.S. Supreme Court will next week hear the U.S. Food and Drug Administration’s defense of the agency’s rejection of two companies’ premarket tobacco product applications (PMTAs) to sell flavored vape products that it has determined pose health risks for young consumers.

The live audio of the hearing can be found here.

The justices took up the FDA’s appeal filed after a lower court ruled that the agency had failed to follow proper legal procedures under federal law when it denied the applications to bring their nicotine-containing products to market.

The Supreme Court is due to hear the case in its next term, which begins in October, according to Reuters.

Two e-cigarette liquid makers, Triton Distribution and Vapetasia, filed premarket tobacco product applications in 2020 for products with flavors such as sour grape, pink lemonade, and crème brulee and names such as “Jimmy The Juice Man Strawberry Astronaut” and “Suicide Bunny Bunny Season.”

The FDA rejected the companies’ applications, along with more than 1 million other products.

Triton and Vapetasia in 2021 asked the New Orleans-based 5th U.S. Circuit Court of Appeals to review the FDA’s denial of their applications.

In January, the 5th Circuit ruled that the FDA had been arbitrary and capricious by denying the applications without considering plans by the companies to prevent underage access and use.

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IKE Tech, Ispire to File PMTA for Age Gating Technology https://tobaccoreporter.com/2024/11/18/ike-tech-ispire-to-file-age-gating-technology-pmta/?utm_source=rss&utm_medium=rss&utm_campaign=ike-tech-ispire-to-file-age-gating-technology-pmta Mon, 18 Nov 2024 16:35:40 +0000 https://tobaccoreporter.com/2024/11/18/ike-tech-ispire-to-file-age-gating-technology-pmta/ The technology aims to prevent youth access while expanding adult market access to FDA-authorized flavored products.

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Ispire Technology and IKE Tech announced a successful pre-premarket tobacco product application (PMTA) meeting with the U.S. Food and Drug Administration’s Center for Tobacco Products (CTP) for their age verification technology for electronic nicotine delivery systems (ENDS).

According to an e-mailed release, the technology aims to prevent youth access while expanding adult market access to flavored PMTA-authorized products. IKE Tech is a joint venture among three leading technology and research companies Ispire and Touch Point Worldwide d/b/a Berify and Chemular Inc.

IKE Tech will submit a component PMTA, which would allow ENDS manufacturers to incorporate their blockchain-based age-gating solution if authorized. The FDA indicated potential priority review consideration and acceptance of a component PMTA. The company plans to complete the required studies in Q1 2025.

This critical regulatory milestone marks an essential step in the journey to provide an innovative, secure universal solution aimed at preventing youth access to ENDS and expanding the market for adults who choose to use flavored PMTA-authorized products, according to the release.

“The IKE Tech identity and age verification technology unlocks opportunities for adults who choose to use flavored vapor products while introducing a pioneering approach to reducing youth access and usage,” the release states.

Due to its innovative design, reliance on blockchain technology, and partnership with leading identity and age verification providers, the IKE Tech system is an advanced component that could be used — in any ENDS device — to ensure only authorized adult users can access vaping products.

FDA alignment on key points:

  • Component PMTA: IKE Tech will submit a PMTA for a component, as opposed to a finished tobacco product to be sold to consumers, and the FDA indicated it will accept such a component PMTA if all statutory requirements are met. Additionally, due to the fact this component employs novel point-of-use technology, the FDA indicated it will consider a request to grant the IKE Tech system priority review. If authorized, the component PMTA would allow ENDS manufacturers to use the IKE Tech system in their finished tobacco product PMTAs, as a plug-and-play age-gating solution, which may allow for the approval of a variety of flavored ENDS products.
  • Creation of Tobacco Product Master File (TPMF): IKE will create and file a TPMF for the IKE component. Once authorized, the component and TPMF can, subject to agreement, be available to ENDS device manufacturers for incorporation into products.

IKE Tech anticipates completing the required studies for the component PMTA for the IKE Tech system, including the Identity and Age Verification component in Q1 2025.

“Our commitment to harm reduction through innovation and our collaborative efforts with regulators are central to Ispire’s mission,” said Michael Wang, Co-CEO of Ispire. “We are proud to introduce technologies that are designed to responsibly support adult consumer choice while significantly reducing youth access. This technology represents our dedication to aligning with regulatory guidance and setting new standards for safer

 

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