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26th September 2023
Panama: The Supreme Court of Justice admitted a claim of unconstitutionality against Law 315, which prohibits the use, importation and commercialisation of e-cigarettes and heated tobacco, press reports. The plaintiffs, the Association for the Reduction of the Harm of Smoking, are basing their case on a formal issue, claiming that the legislative approval process did not comply with constitutional provisions. The lawsuit will now be analysed by the court.26th September 2023
- US - Oregon: Washington County Circuit Court judge Andrew Erwin has ruled against the county’s flavoured tobacco ban. The ban was part of Ordinance 878, adopted by the Board of County Commissioners in November 2021 and approved by voters in May 2022. “Certainly, the county has broad power to regulate how sales are made, but they cannot bar them entirely,” the judge wrote. In a written statement, the county said it disagrees with the court’s ruling and is considering options for an appeal. Washington County has a population of around 600,000.
22nd September 2023
- Canada - Newfoundland and Labrador: The provincial government has introduced a smoking and vaping ban on all government property, including buildings, grounds, vehicles, and car parks, starting 27th September 2023. This prohibition applies to all employees, visitors, and contractors.
22nd September 2023
- US - Federal: Registration is now open for the Food and Drug Administration (FDA)’s two-day public meeting (23rd and 24th October) on the premarket tobacco product application (PMTA) process. During the meeting, staff from the Center for Tobacco Products (CTP) Office of Science will provide information and answer questions related to the PMTA processes, including Substantial Equivalence (SE) reports and PMTAs. Questions will be taken during the meeting, and attendees are encouraged to submit relevant questions on these processes in advance.
21st September 2023
- Canada: Health Canada published the Canadian Tobacco and Nicotine Survey (CTNS) 2022, which measures the prevalence of cigarette smoking, vaping, cannabis, and alcohol use among Canadians aged 15 and older. The findings are based on nine weeks of data collection from 30th November 2022 to 31st January 2023. The CTNS found that, in 2022, the prevalence of current cigarette smoking among Canadians was 10.9% (3.5m), 8.2% (2.6m) reported daily smoking and 2.7% (871,000) reported occasional smoking. The survey also asked about past-30-day use of tobacco products including cigarettes, little cigars or cigarillos, cigars, pipes, chewing tobacco, and water-pipe tobacco and 12.9% (4.1m) of respondents reported using at least one tobacco product in the past 30 days.
19th September 2023
- US - Federal: The US Food and Drug Administration (FDA) Center for Tobacco Products (CTP) is requesting nominations by 11th October for a non-voting representative of the interests of the tobacco manufacturing industry to serve on the Tobacco Products Scientific Advisory Committee. Individuals may self-nominate or be nominated by any interested person or organisation. Additionally, any industry organisation interested in participating in the selection of an appropriate non-voting member to represent the interests of the tobacco manufacturing industry must send a letter stating that interest to the FDA by 11th October.
18th September 2023
- US - New York: Governor Kathy Hochul has signed public health legislation (A1025/S50) that amends the public buildings law to prohibit the sale of tobacco products in vending machines and at vending stands leasing space in buildings in the state. Future vendor leases and contracts will be subject to this prohibition. The governor said: “We’re cracking down on Big Tobacco by banning the sale of their harmful products in New York State buildings. Protecting public health is a top priority for me, and I will continue to discourage the sale and use of these dangerous, addictive products in New York.”
14th September 2023
- US - California: Bill AB 935 has passed the Senate after amendments, which have been concurred in by the House, and has now been sent for the governor to sign. The bill would provide for the enforcement of violations of the flavoured tobacco prohibition in a manner similar to the Stop Tobacco Access to Kids Enforcement (STAKE) Act. Instead of an infraction, the provisions of the flavoured tobacco ban would be punishable by civil penalties.
13th September 2023
- US - General: Democratic Senator Dick Durbin of Illinois has sent a letter to US Food and Drug Administration (FDA) commissioner Robert Califf. In his letter, Durbin criticised the FDA’s failure to finish analysing its premarket tobacco product applications (PMTAs) and raised questions about the agency’s compliance with federal tobacco law. “Since FDA missed the court’s deadline two years ago, I have sent eight letters raising key questions about FDA’s regulatory review process and enforcement actions,” the lawmaker wrote. “It is unclear what – if anything – will finally prompt FDA to get its act together and take more seriously the risk of the tobacco industry addicting a new generation of kids.”
8th September 2023
- US - Federal: The Food and Drug Administrations (FDA)’s Center for Tobacco Products (CTP) has launched new resources to help applicants navigate the FDA tobacco product application process. Specifically, the CTP is offering a new webpage with more in-depth information on how to complete the three required premarket tobacco product application (PMTA) forms to submit and amend pending applications.
8th September 2023
- Canada: Health Canada has published the discussion paper of the second review of the Tobacco and Vaping Products Act (TVPA). This legislative review will examine whether the federal legislative response is sufficient in addressing tobacco use in Canada and will assess whether progress is being made towards achieving the TVPA's tobacco-related objectives. The discussion paper is framed around seven major themes: Canada's tobacco landscape; addressing inducements to tobacco use; monitoring the tobacco market; restricting youth access to tobacco products; enhancing awareness and preventing Canadians from being deceived or misled; compliance, enforcement and regulated parties; and engaging with Indigenous Peoples. Comments can be sent to Health Canada until 3rd November 2023 to legislativereviewtvpa.revisionlegislativeltpv@hc-sc.gc.ca.
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