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New year resolutions: countries to watch for budgets and vaping taxes in 2022

New year resolutions: countries to watch for budgets and vaping taxes in 2022

As the new year approaches, governments are presenting their budget bills for 2022, with some of them proposing a change in the tax regimes they apply to vaping products, reports ECigIntelligence

In Portugal, the budget bill for 2022 presented in October by the minister of state for finance João Leão proposed an increase of 1% on all tobacco products, including vaping products, from €0.32/ml to €0.323/ml. But president Marcelo Rebelo de Sousa dissolved the parliament a few weeks later and announced new legislative elections in January 2022.

A potential tax increase on e-cigarettes is not expected to be discussed before April 2022 and it is not known if the rise will still be on the agenda of an incoming new minister, taking into account that the country already has one of the highest taxes rates in Europe.

Italy is also looking very closely at what will happen with the e-cigarette tax scheme in 2022. The official text of the Budget Bill 2022 recently introduced in the Senate does not contain any change to e-cigarette taxation, meaning that from January vaping taxes could increase as the temporary tax relief expires.

The approval of Decree-Law 73/2021 on Covid-related measures in the Senate included a decrease in the excise duty on nicotine e-liquids until the end of 2021, from €0.13 per ml to €0.084 per ml and from €0.086 to €0.042 per ml for nicotine-free e-liquids.

The recent appointment of Federico Freni as the new Italian under-secretary for economy and finance was seen by the industry as a positive move towards the possible continuation of the tax relief, but the industry is now fearing that this will not happen.

The bill tabled by the Italian minister of economy and finance, Daniele Franco, will now need to be discussed and amended in the Senate Economic and Budget Committee and it is expected to pass to the Chamber of Deputies in December. Still, a spokesperson from the Camera Dei Deputati told ECigIntelligence that no date had been confirmed yet.

Malaysia has recently approved the budget bill for 2022, including a tax on nicotine-containing e-liquids, and a tripling of the tax on nicotine-free e-liquids.

The tax for nicotine-containing e-liquids is set at MYR 1.20 (€0.25) per ml and the excise duties for nicotine-free e-liquids will increase from MYR 0.40 (€0.085) to MYR 1.20 (€0.25) per ml.

The Malaysian Pharmacists Society (MPS) said it considers the tax “unnecessary” and called on the government for a complete ban on e-cigarettes instead of introducing a taxation regime.

“Cigarettes including electronic cigarettes and nicotine-containing vapes are major risk contributors of non-communicable diseases (NCDs) and are a major health problem”, said MPS president Amrahi Buang.

In the Republic of Albania, the Committee on Economy and Finance approved the bill to amend Law 61/2021 on excise duties to gradually increase until 2026 the duties on nicotine-containing e-liquids.

If approved, the tax on nicotine-containing e-liquids will amount to ALL 12 (€0.01) per ml, starting on 1st January 2022.

What This Means: The last weeks of the year are always an interesting time to assess what governments in different countries are planning to collect more revenue by adjusting tax and therefore fiscal pressure on certain products.

Budgets always go through a complex legislative process, in which representatives can amend or even scrap some of the tax proposals put forward by ministers, so current proposals may be changed before they are actually applied.

ECigIntelligence is the leading provider of the detailed global market and regulatory analysis, legal tracking, and quantitative data for the e-cigarette, heated tobacco, and combustible-alternatives sector worldwide.

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The influencer and the e-cig – a moral tale for our rapidly changing times

The influencer and the e-cig – a moral tale for our rapidly changing times

The misleading advertising of tobacco alternatives on social media has become a critical concern of public health groups and some governments around the world, reports ECigIntelligence

 

A recent report published by the World Health Organization (WHO) recommended policymakers ban all commercial marketing of e-cigarettes and heated tobacco products, including on social media and through organizations funded by and associated with the tobacco industry.

The Philippines Senate presented a bill in May, seeking to ban the endorsement of vaping and heated tobacco products by celebrities and influencers.

Under Senate Bill 2239, the “Vaporized Nicotine Products Regulation Act”, advertising or other forms of consumer communication regarding the importation, manufacture, sale, packaging, distribution, use, and consumption of vapor and heated tobacco products should be “allowed in points-of-sale or retail establishments, through direct marketing, and on the internet”. However, the bill adds that such communications “shall not be targeted to or particularly appeal to people under 18…and shall not feature a celebrity or social media influencer or contain an endorsement, implied or express, by a celebrity or social media influencer”.

As a result, celebrities and influencers are prohibited from receiving remuneration for promoting or encouraging these products, it adds.

The second reading of the bill is still pending. Once senators vote on the second reading version of the bill, it will pass to the third reading if it gets approval. It will then pass to the House of Representatives, where it will be subject to the same process before final approval. A full Senate session decided yesterday to leave the further debate of the bill and any questions over specific provisions until after the 2022 budget is passed in late November.

 

More than 100 public health and other organizations recently called on Facebook, Instagram, TikTok, and Twitter to end the promotion of nicotine pouches on their platforms, including paid advertising by influencers.

In a letter to the CEOs of the companies, they claimed their current advertising policies do not explicitly ban content promoting nicotine pouches. The signatories urged the social media companies to update their policies on tobacco advertising to ban companies from targeting young people with ads.

In May 2019, more than 125 public health organizations addressed a similar letter to Facebook, Instagram, Twitter, and Snapchat to “take swift action to curb the aggressive advertising” of all tobacco products, including e-cigarettes. It followed reporting by Reuters on young social media influencers being used by Philip Morris International (PMI) to market its Iqos heated tobacco device. In response, PMI suspended some of its campaigns.

A study conducted between 2018 and 2019 about Iqos influencer marketing on Instagram in the Czech Republic revealed that the tobacco industry’s advertising had “misused the rapid evolution of social media, especially Instagram”, with celebrities and influencers presenting Iqos as a “gateway to an aspirational, healthy, attractive and celebrity lifestyle”.

The influencer and the e-cig are alike in being manifestations of a new world – a world that regulators everywhere are engaged in a constant struggle to keep up with.

ECigIntelligence is the leading provider of the detailed global market and regulatory analysis, legal tracking, and quantitative data for the e-cigarette, heated tobacco, and combustible-alternatives sector worldwide.

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We must work with scientists to move tobacco alternatives forward

We must work with scientists to move tobacco alternatives forward

Representatives of the vaping industry have urged for broader collaboration with scientists as tobacco alternatives are ‘at a fork in the road’, reports ECigIntelligence

 

Industry stakeholders recently agreed that integrating technological innovations is key to making the transition to tobacco alternatives – despite a lack of dialogue with the World Health Organization (WHO).

Joe Murillo, chief regulatory officer for Juul Labs, told the Global Tobacco and Nicotine Forum (GTNF 2021) in London that the industry lies “at a fork in the road”.

“Should we have policy driven by science and fact that encourages smokers to switch to less harmful products, or do we go down the road of prohibition and high tax that will hamper this change?” he asked.

Chairing the forum, Murillo said the industry was already publishing a “considerable” amount of science, but that there were still limitations to what it was capable of.

Bryan White, Juul’s senior vice president of hardware and firmware engineering, said one of the upcoming challenges the industry might face in the near future was the integration of artificial intelligence with vaping products. He added that there might be movement from companies such as Apple, which currently does not allow apps linked to tobacco companies into its app store.

Another innovation that experts agreed vaping companies should start looking at was synthetic nicotine.

Tony Abboud, executive director of the Vapour Technology Association (VTA), said synthetic nicotine products might be ripe for research by US companies since they have been around already for a few years. Such products are still not specifically regulated in any US state except Colorado.

Among sessions at the GTNF was a so-called “fireside chat” between Murillo and Todd Cecil, deputy director of the US Food and Drug Administration (FDA) Center for Tobacco Products (CTP) science office.

Cecil told the audience of the complicated and science-driven review process that products go through when premarket tobacco product applications (PMTAs) are submitted to the FDA. He confirmed that the agency was still working through many applications, with several well along in the process. Timing depended on the complexity of the application, he said.

Murillo said he had never seen so much pressure from public health organisations, which “almost ordered the agency to decide in a certain way”. Cecil insisted, however, that the FDA was not swayed by public opinion but by science.

The ninth Conference of the Parties (COP9) to the WHO Framework Convention on Tobacco Control (WHO FCTC) was also brought up in panel discussions, especially after the event organisers decided to postpone to 2023 any discussion of tobacco alternatives.

During a panel entitled “Transforming the FCTC”, Derek Yach, founder and president of the Foundation for a Smoke-Free World (FSFW), said the industry should focus on talking to individual governments and not keep trying unsuccessfully to establish a dialogue directly with the WHO.

Professor Ming Deng of Yunnan University in China added that parties to the FCTC should focus on “improving governance and the evolution of the global tobacco industry,” while the WHO “should make the information regarding nicotine consumption clear and widely available”.

“The FCTC should urge parties to publish what harm NGPs [next generation products] bear and how different that is from combustible tobacco products,” he added.

Deng proposed that any tobacco control regulation should be based on the status quo of each nation, as it was unlikely any one-size-fits-all solution would work for all.

 

What This Means: Although the various panels at the GTNF debated many challenges that lie ahead for the tobacco-alternatives industry, particularly in the realm of technological innovation, the PMTA process in the US was one of the hottest topics of discussion.

ECigIntelligence is the leading provider of detailed global market and regulatory analysis, legal tracking, and quantitative data for the e-cigarette, heated tobacco and combustible-alternatives sector worldwide.

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Why are WHO talks on novel tobacco products postponed from COP9 to 2023?

Why are WHO talks on novel tobacco products postponed from COP9 to 2023?

The World Health Organization’s decision to postpone a discussion about novel tobacco products has raised questions for some about whether it is protecting Big Tobacco’s cash cow, reports ECigIntelligence.

 

The World Health Organization (WHO) has decided to postpone a discussion on novel tobacco products to a face-to-face event that will be held in 2023, in a decision that experts are now linking to a lack of consensus on what approach to take to tobacco alternatives.

Organizers of the ninth Conference of the Parties (COP9) to the WHO Framework Convention on Tobacco Control (WHO FCTC), which will take place online in November, blame the postponement on “the limited time available for the virtual session and the substantive discussions expected”.

But experts have suggested to ECigIntelligence that there are concerns within the UN agency around opposition from some member states, particularly the UK, to the WHO’s stance towards tobacco-alternative products.

“I suspect they may be putting off the discussion because they are unlikely to reach a consensus,” said Christopher Snowdon of the Institute of Economic Affairs (IEA).

A group of UK members of parliament suggested that the government should cut funding to the WHO if there was no change in its “antagonistic approach” towards vaping products.

And public health expert Clive Bates suspects that the Convention Secretariat may want to avoid any major controversies in order to keep the conference down to the minimal essential work it needs to do.

Another reason for the delay could be that the Convention Bureau wants to look at the US Food and Drug Administration (FDA)’s decision on pre-market tobacco product applications (PMTAs). For Bates, “the FDA’s decision might also influence the mindset of those parties taking part in the conference”.

According to the provisional agenda, COP9 will discuss the FCTC work plan and budget for 2022-2023.

The Convention Secretariat serves the parties, but it is the latter who decides the agenda and, Bates says, “theoretically the parties might reject the postponement proposal and oblige the secretariat to include these discussions about tobacco alternatives during the COP9”. Nevertheless, given the circumstances, this is unlikely.

Charles Gardner, executive director of the International Network of Nicotine Consumer Organisations (INNCO), is unhappy about the postponement.

“Biased harm reduction denial will continue unchecked for two more years with no input from, or debate among, any of the 182 parties to the convention,” he said.

Through this two-year postponement of the discussion, Gardner said, the WHO is “protecting Big Tobacco’s main cash cow – cigarettes”.

What This Means: The decision by the WHO FCTC Convention Secretariat to postpone discussion of novel tobacco products follows the WHO’s own July report placing such products at the top of the agenda.

The last conference of the parties, COP8 in Geneva in 2018, ended with governments struggling to regulate tobacco-alternative products due to the lack of scientific proof on potential risks or benefits. It is yet to be seen whether the parties will accept the postponement of such important discussions or whether any objections will be raised during the online event from 8th to 13th November.

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Retailers say first World Vape Show in Dubai can boost trend for people switching from tobacco to vaping

Retailers say first World Vape Show in Dubai can boost trend for people switching from tobacco to vaping

Help ‘on the way’ for smokers who want to kick habit

Dubai, UAE, 23rd August, 2021: Leading UAE vape retailers say help is just around the corner for smokers struggling to quit the habit.

They believe the arrival of the Middle East’s first vape industry event in Dubai next month can accelerate the trend in the region for people to switch from smoking to alternatives to traditional cigarettes.

While studies show that millions of people worldwide have made the shift to vaping in recent years, the majority of people who try to give up tobacco fail.

According to the Centers for Disease Control and Prevention (CDC) in the US, fewer than one in ten adult cigarette smokers actually succeed in quitting each year.

UAE retailers say the inaugural World Vape Show taking place at Dubai World Trade Centre from 19-21 September can provide more smokers with the extra research data, advice, and incentive they need to kick the tobacco habit.

“We’re proud to say that 87% of the people that come to us quit smoking within six months,” said Mo Hassan, Managing Director of Dr Vapes in Dubai.

“But there’s still a lot of conflicting reports out there on how efficient vaping is in helping people to quit smoking, and this can be confusing for smokers and also the vaping community itself.

“The World Vape Show is an important event which, for the first time, will provide consumers with all the information they need to make their choice.”

The combined exhibition and conference is assembling more than 30 expert speakers, more than 200 exhibitors showcasing thousands of global vape brands, several thousand industry professionals, vape enthusiasts, and those looking to switch from cigarettes.

Tarek Ali Daakour, the owner of Vape House retail shops in Dubai, quit smoking for vaping himself and says between 80-90% of his customers successfully give up the tobacco habit.

“A lot of people want to give up smoking, but don’t know-how,” he said. “This is why the exhibition is so important. It will answer so many questions for those who need help to quit the smoking habit.”

Another retailer, Let’s Vape, reports a similar trend in smokers looking to kick the habit and warns against the presence of counterfeit products in the market. “As per feedback from our customers, more than 90% are turning to vape in order to quit smoking,” said Sales Manager Shodibek Kayumov.

“We believe the show is very important to raise the awareness of vaping as a better solution for smokers. It’s important that people educate themselves on how to differentiate between original and counterfeit products because of the possible side effects”.

The event conference features a number of panel discussions on key issues facing the industry, including one session on the future of vaping research and public health.

The first World Vape Show in Dubai is open to both business buyers and the general public, but you must be over 21 to attend and get tickets online in advance. For further information: www.worldvapeshow.com

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Can vaping render the cigarette obsolete? Dubai turns global spotlight on growing tobacco alternative

Can vaping render the cigarette obsolete? Dubai turns the global spotlight on growing tobacco alternative

World Vape Show aims to remove question marks over e-cigarettes and help those looking to quit smoking

When vape retailers say this is a process now well underway, that’s one thing, but when one of the world’s largest tobacco producers supports the argument, backed by industry groups and experts from the US to China, that’s another.

With public health officials, chemists, consumer groups as well as manufacturers joining in the conversation, the World Vape Show taking place in Dubai next month could go a long way to removing some of the question marks above the e-cigarette and vape market, which is expected to be worth USD 67.31 billion by 2027.

The combined exhibition and conference, taking place at Dubai World Trade Centre from 19-21 September, is as much an opportunity for those looking to kick the habit of smoking as it is for the makers of regulated products now meeting the demand for safer alternatives to traditional cigarettes.

Among the speakers at the Middle East’s only vape industry event will be South African Kurt Yeo, a former two-packet-a-day smoker for more than 20 years, who finally quit and co-founded Vaping Saved My Life, a consumer advocacy group dedicated to promoting tobacco harm reduction.

He will be in good company. Tobacco giant Phillip Morris International is sending its VP Global Scientific Engagement, Dr. Gizelle Baker, to take part in another of the panel discussions on the future of vaping research and public health.

Dr Baker, one of two PMI speakers in Dubai, leads a team of scientists engaging and sharing the science behind the company’s smoke-free alternatives to grow awareness and understanding of tobacco harm reduction.

Co-panellist Joe Dunne is Director of Hale Vaping, which accounts for 45% of the Irish vaping market. He tells smokers eager to quit to see vaping as a “new miracle drug” they can use at their own initiative in order to take personal responsibility for their own health.

“Millions of adults have already benefited by switching from smoking to vaping or are on their way to doing so,” says Dunne. He says vape products are among the most significant public health innovations of modern times, with “the potential to render the cigarette obsolete, and end the worldwide epidemic of smoking-related disease.”

Dunne points to an assessment by Public Health England that vaping is 95% less harmful than tobacco based on more than 300 studies.

The first World Vape Show in Dubai is assembling more than 200 exhibitors showcasing thousands of global vape brands, several thousand industry professionals, vape enthusiasts and those looking to switch from cigarettes

China, the birthplace and largest worldwide producer and exporter of e-cigarettes will be represented by one of the country’s most influential vaping figures.

Ao Weinuo
Ao Weinuo

Ao Weinuo is Secretary-General of the Electronic Cigarette Industry Committee, part of the China Electronic Chamber of Commerce, and will offer analysis of global vaping issues, the opportunities and challenges countries are facing, and what can be learned from their experiences.

He will be joined by Dustin Dahlmann, Chairman of the board at the Independent European Vape Alliance, which represents e-cigarettes as a category in opposition to tobacco and works to dispel some of the myths about vaping.

Joe Dunne
Joe Dunne

Other key speakers include John Dunne, Director General, UK Vaping Industry Association, Gregory Conley President, American Vaping Association, and Alex Clark, CEO, Consumer Advocates for Smoke-free Alternatives Association in New York.

 

The World Vape Show is open to both business buyers and the general public, but you must be over 21 to attend and get tickets online in advance. For further information: www.worldvapeshow.com

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E-cigs vs Covid: never mind the science, let’s all just follow our instincts instead

E-cigs vs Covid: never mind the science, let’s all just follow our instincts instead

Politicians around the world have spoken out for and against vaping as a Covid risk factor but where’s the science, asks ECigIntelligence

 Since the global outbreak of Covid-19, we have heard a great deal from politicians about “following the science” – a sound principle those same politicians often seem to have trouble sticking to. Even before the pandemic, of course, the word “science” was frequently invoked to justify knee-jerk or emotional responses to vaping – so how closely are the opinion-formers and policymakers following the science now?

Arguments for or against the proposition that smoking or vaping is a risk factor for Covid have abounded. Most, no doubt, have said more about the speaker’s existing attitude than any medical reality.

At the very beginning of the Covid scare, even before the term “lockdown” had entered common usage, there were reports from China that smokers were somehow at less risk from the new disease than others. It sounded counterintuitive. Smoking is well known to damage the respiratory system, so surely it would render a person more susceptible to a respiratory illness, not less? So never mind the science, let’s follow our gut reactions, our “common sense”.

Enter Raja Krishnamoorthi, Chicago businessman, graduate of both Princeton and Harvard, and Democrat member of the US House of Representatives. In his capacity as chairman of the House Subcommittee on Economic and Consumer Policy (not an obvious health role), he got very hot under the collar as early as April last year, accusing the US Food and Drug Administration (FDA) of a dereliction of duty in failing to “clear the market” of e-cigarettes for the duration of the pandemic.

Sound precautionary sense, or over-the-top, knee-jerk posturing? Either way, his position was hardly following the science. If only because the science had not yet gone there, and was in no position to offer a judgment on whether smoking, vaping, or any other habit was a danger – or protection – in the face of Covid.

And Krishnamoorthi is no lone voice, merely a prominent example of an all-too-common tendency. Speak now, find out the facts later (if at all).

The same tendency is sadly prevalent among journalists too, including those who like to present themselves as investigative, and those of a supposedly scientific bent.

This point is well made by Cameron English, in a blog post countering a recent article in the British Medical Journal which claimed, among other barely supported assertions, that “It has…been roundly disproved that smoking protects against covid-19”.

Behind this lies a spat in which both sides resort to ad hominem, borderline libelous, arguments – a common tactic of those unable to support their position with hard facts – each accusing the other of being in the pocket of vested interests. English himself is writing for the American Council on Science and Health, an avowedly pro-industry organization whose own funding, while not exactly “secret” as some have claimed, is not entirely uncontroversial either.

While perhaps ironic, this doesn’t negate his basic point about those who see in the science just what they want or expect to see. Or his quoting of Christopher Snowdon of the UK Institute of Economic Affairs (not exactly uncontroversial either): “Far from being ‘roundly disproved,’ the evidence that smokers are at reduced risk of SARS-CoV-2 infection is much stronger today than it was when the hypothesis first emerged last March. This evidence cannot be dismissed on the basis of the tenuous financial links of a handful of researchers to the tobacco and vaping industries.

“Why do we keep seeing this strong inverse association between smoking and SARS-CoV-2 infection? Is it the nicotine? Is it the smoke? Is it something else? We do not know and we are not going to find out by burying our heads in the sand.”

That last point, at least, seems sound enough, whoever said it, and whoever pays their bills.

But that’s enough of the ad hominem stuff – let’s conclude with a piece of actual science.

Even the title given to a paper published recently in the Journal of Primary Care & Community Health might just give some of those policymakers cause to pause for a moment: Electronic cigarette use is not associated with Covid-19 diagnosis.

The study of nearly 70,000 smokers or vapers who sought medical care at a chain of US clinics between September 2019 and November 2020 set out from the position that “The impact of tobacco use on SARS-CoV-2 infection risk and COVID-19 severity remains unclear”.

And its conclusion, while hedged in with entirely reasonable caveats, is: “Although e-cigarettes have the well-documented potential for harm, they do not appear to increase susceptibility to SARS-CoV-2 infection.”

So is that the end of the argument? Probably not.

ECigIntelligence (www.ECigIntelligence.com) is the leading provider of the detailed global market and regulatory analysis, legal tracking, and quantitative data for the e-cigarette, heated tobacco, and combustible-alternatives sector worldwide.

 

We offer the necessary tools to navigate the complex market and regulatory landscape of this sector through independent, analytical and actionable data insights, in-depth country reports, regulatory trackers and legal analysis. In addition, we offer customized research and consultancy support.

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Is Juul really fighting for survival?

Is Juul really fighting for survival?

Juul in jeopardy? That’s how the press is billing the FDA’s upcoming PMTA verdict, reports ECigIntelligence

 

The US press is calling it a “fight for survival” for Juul Labs, described by the Silicon Valley Business Journal as “the once high-flying e-cigarette company that became a public health villain to many”.

We’re not talking here about Juul’s recent $40m settlement with North Carolina over the state’s accusation of encouraging young people to vape – though that could clearly be a costly precedent indeed if other states press to cash in similarly.

And we’re not talking about the still rolling wave of copycat lawsuits against the company.

We’re not even talking (though we might) about the controversy over Juul apparently paying $51,000 to have a whole issue of the American Journal of Health Behavior given over to studies funded by the company and offering evidence that vaping helps smokers quit. An arrangement that reportedly provoked three members of the journal’s editorial board to resign.

Bigger than all these – what The Philadelphia Inquirer, among others, is talking up as a threat to the company’s continued existence – is the upcoming decision by the US Food and Drug Administration (FDA) on whether or not to grant Juul’s premarket tobacco product application (PMTA). A decision the hard-pressed FDA, yet to have a permanent commissioner appointed by the Biden administration, may struggle to deliver by September.

As ECigIntelligence reported in March, a number of senior Democrat politicians would like that application to be denied. Acting commissioner Janet Woodcock told a recent House of Representatives panel, however, that the FDA would base its decision on sound science, and that she couldn’t prejudge the application, which was still under review.

Eric Lindblom, a former FDA adviser on tobacco, told the Silicon Valley Business Journal: “The stakes are high. If the FDA blows it on this one, they will face public health lawsuits.”

Juul has made a concerted effort to clean up its act and its image since Kevin Crosthwaite replaced Kevin Burns as CEO in September 2019. It could be argued that Juul today is a very different company from Juul two years ago and that it has become a partial victim of its own success, lifting its head above the parapet to be shot at by media and regulators alike.

As Lindblom says: “The FDA has to evaluate this in a forward-looking way and can’t really punish Juul.” But as he adds, perhaps ominously: “It can certainly take into consideration how popular Juul is among youth.”

All of which may suggest the likelihood of restrictions and conditions – perhaps on such things as flavors and marketing, both of which Juul has already taken steps to address – rather than a full-on survival threat.

And, of course, it’s not all just about Juul. While Juul has become for many a symbol, even a synonym for vaping, and taken more than its share of public flak, the US e-cigarette industry is a lot more than one company. And it’s not just one company under pressure as the FDA aims to follow the science on PMTA submissions for more than 6m vapor products.

When as senior a Democrat as US senator Dianne Feinstein – who is no scientist but who has been mayor of San Francisco as well as chairing several Senate committees – is given space in the American Healthcare Journal to urge Congress to “address the youth vaping crisis” by banning flavored vaping products it’s not hard to see which way the wind is blowing.

 

What This Means:

Although one big door has closed with the Supreme Court decision not to review the Big Time Vapes case, other small cases focusing on specific issues of the regulation could potentially make it to court.

Legal experts, we spoke to believe that after the legal scrutiny undertaken against the FDA’s authority by some in the industry there is “widespread optimism” that the agency could eventually relent in its regulations.

 

ECigIntelligence (www.ECigIntelligence.com) is the leading provider of detailed global market and regulatory analysis, legal tracking, and quantitative data for the e-cigarette, heated tobacco, and combustible-alternatives sector worldwide.

 

We offer the necessary tools to navigate the complex market and regulatory landscape of this sector through independent, analytical and actionable data insights, in-depth country reports, regulatory trackers, and legal analysis. In addition, we offer customized research and consultancy support.

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US FDA’s authority over the vaping industry could face further challenges

US FDA’s authority over the vaping industry could face further challenges

Legal experts have given the vaping industry hope that the US Food and Drug Administration’s (FDA’s) authority to regulate e-cigs could face further legal scrutiny, reports ECigIntelligence

In early June the US Supreme Court recently refused to review a challenge initiated by a vape shop.

As the court did not reject the challenge outright, but simply declined to review it, legal experts believe this leaves the door open for other lower courts to issue conflicting rulings that could push the matter back onto the Supreme Court’s agenda.

“The court generally does not do well on an issue that they have dealt with in a prior term, but we will see,” J Gregory Troutman, a lawyer in Louisville, Kentucky, who represents vape shops and trade groups in legal matters across the US, told ECigIntelligence.

The Supreme Court is approaching the end of the period in which it selects cases to hear in the upcoming term, and by the time it considered the challenge to FDA regulation of vaping products its “docket was already pretty full”, according to lawyer Jerad Najvar of Houston, Texas, who represented Mississippi-based Big Time Vapes, the plaintiff in the recently denied review petition.

And Najvar emphasised that the ruling was “not a precedential decision” and the matter could potentially be raised at the highest legal level again.

“It is the end of the road for Big Time Vapes vs FDA, but that’s not to say the same argument could not be litigated elsewhere,” he said. “That’s not in our plans at the moment but we are looking at other things” – including possible litigation regarding the specifics of how the FDA is implementing its authority.

According to Najvar, the FDA is “not living up to their obligations under several statutes”.

A second, still-pending case before the Supreme Court involves the FDA’s delegation of authority to government bureaucrats, who petitioners argue are not constitutionally permitted to make such decisions.

While court watchers acknowledge it could face the same fate as the recently rejected review petition, Troutman pointed to the credentials of the petitioning lawyers as a reason for the challengers to remain optimistic. “It is easier to argue a more narrow, focused issue than it is a broader issue,” he said.

Other experts say the likeliest route for changing the regulatory authority over e-cigarette products may be through the FDA itself.

The Small Business Administration (SBA) recently wrote to acting FDA commissioner Janet Woodcock requesting an extension of the one-year moratorium on enforcement actions against manufacturers who submitted premarket tobacco product applications (PMTAs) by the 9th September 2020 deadline.

The SBA also called on the federal agency to “reverse its policy of reviewing submitted PMTAs by market share to keep small manufacturers’ products on the market”.

What This Means:

Although one big door has closed with the Supreme Court decision not to review the Big Time Vapes case, other small cases focusing on specific issues of the regulation could potentially make it to court.

Legal experts, we spoke to believe that after the legal scrutiny undertaken against the FDA’s authority by some in the industry there is “widespread optimism” that the agency could eventually relent in its regulations.

ECigIntelligence is the leading provider of the detailed global market and regulatory analysis, legal tracking, and quantitative data for the e-cigarette, heated tobacco, and combustible-alternatives sector worldwide.

We offer the necessary tools to navigate the complex market and regulatory landscape of this sector through independent, analytical and actionable data insights, in-depth country reports, regulatory trackers, and legal analysis. In addition, we offer customized research and consultancy support.

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World Vape Show Dubai

World Vape Show

Organizers of a new industry platform in Dubai for the multi-billion dollar e-cigarette and vape market announce details of the event which will bring together manufacturers, leading retailers, public health professionals, and vape enthusiasts from around the world.

The first World Vape Show will focus international attention on major issues for an industry expected to be worth USD 67.31 billion by 2027, as millions of people continue to kick the habit of smoking traditional cigarettes and switch to vaping devices.

Taking place at Dubai World Trade Centre (DWTC) from 19-21 September 2021, the combined exhibition and conference will showcase new vaping technology and the range of regulated products now meeting the demand for safer alternatives to traditional cigarettes.

The show, running on 19-21 September 2021, assembles more than 200 vape exhibitors showcasing ‘000s of brands, up to 50 expert speakers, several thousand industry professionals, vape enthusiasts, and those looking to switch from cigarettes.

“We chose Dubai as the strategic location for the event in view of the lead role taken by the UAE government to halt the online sale of unregulated vaping devices,” said Tony Crinion, Managing Director at Quartz Business Media, organizers of The World Vape Show.

Among the exhibitors in Dubai will be UK-based Imperial Dr. Vapes, a leading supplier of vaping products in the Middle East. Dr. Vapes Managing Director Mo Hassan said: “The World Vape Show provides us with an amazing platform that allows us to directly interact with our consumers and B2B clientele. “The UAE and wider Middle East market has been an area of prime focus since we started in 2016. It’s a region I’ve personally worked on because of the pure enthusiasm I’ve seen from avid vapers in the market.”

The UAE made the sale of e-cigarettes, vaping devices, and e-liquids legal in April 2019, allowing manufacturers to sell the battery-powered products meeting new standards, and carrying health warnings similar to traditional cigarettes.

Concern about the spread of unregulated e-cigarettes was among the reasons behind the move while growing awareness of health hazards associated with smoking has helped increase the appeal of vaping in the UAE, as it has worldwide.

Studies have shown that the e-cigarette and vape market will register a revenue-based CAGR of 23.8% from 2020 to 2027.  The US e-cigarette and vape market alone is expected to be worth USD 40.25 billion by 2028.

In the Middle East and Africa, the market is expected to grow by 9.74% annually to reach USD 485 million by 2025, up from US$267.9 million in 2018.

Designed to guide suppliers on how to drive footfall, sales, and profits, the World Vape Show gives manufacturers a unique chance to showcase products to thousands of international retailers, wholesalers, distributors, and consumers.

Experts speaking at the Future of Vape Conference will debate innovations, regulations, and industry outlook across the MENA region, and a panel discussion will focus on the future of vaping research and public health.

“Research has led government agencies, public health bodies, and health charities to hail vaping as a magic bullet to reduce smoking rates,” said Tony Crinion. “While there’s growing evidence of vaping’s benefits to public health versus smoking, more research needs to be done, and the conference will look at the remaining gaps in evidence and how they can be filled.”

The organizers are working closely with DWTC to ensure a COVID-safe event in line with government rules and regulations. On 1 April, the first in a series of webinars ran in the build-up to the event which will continue over the coming months and cover a multitude of industry-related topics.

Meanwhile, visitor registration is set to open in early May 2021 with the first 250 visitor tickets being given away free on a first-come, first-served basis. For further information on the World Vape Show: www.worldvapeshow.com