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View allAlternative tobacco and nicotine products in the United States
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Global business and regulatory news covering the alternative tobacco industry
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Alerts
Daily regulatory updates of the tobacco alternative sector. It includes weekly podcasts and monthly compilations
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
- 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.
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.
7th September 2023
- US - Federal: Brian King, director of the US Food and Drug Administration (FDA) Center for Tobacco Products (CTP) spoke at the Smoker Friendly Tobacco Conference and Festival in Broomfield, Colorado, media reports. His presentation focused on current and possible upcoming FDA tobacco regulations, including the timelines for implementation of the final regulations banning menthol in cigarettes, and conducting a compliance check inspection of tobacco retailers. He also highlighted that “the FDA has authorised the sale of only 45 tobacco products introduced to the market after 15th February 2007, including 23 e-cigarette/vapour products or devices”.
6th September 2023
- US - Oregon: The Multnomah County Circuit Court ruled in favour of Multnomah County’s ban on flavoured tobacco and nicotine products. In January 2023, tobacco and vaping retailers filed a lawsuit which claimed that the county’s ban was pre-empted by state law. Judge Benjamin Souede said that current law does not prevent the county – acting as the local public health authority – from passing ordinances that will regulate the sale of flavoured tobacco products. The flavour ban will go into effect in January 2024.
4th September 2023
- US - New York: As of 1st September 2023, the cigarette tax has increased to $5.35 per pack from $4.35, making New York the state with the highest cigarette tax. The increase was approved as part of New York’s $229bn state budget. The tax would also apply to heated tobacco products.
29th August 2023
- US - Federal: On 10th March 2023, the US Food and Drug Administration (FDA) published a proposed rule titled "Requirements for Tobacco Product Manufacturing Practice". The proposed rule would set new requirements for tobacco product manufacturers around the manufacture, design, packing and storage of their products. The FDA is now extending the proposed rule’s comment period by an additional 30 days, meaning comments can be submitted until 6th October 2023.
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