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View allAlternative tobacco and nicotine products in the United States
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Blog
Regulatory differences between states reveal a lot about attitudes and approach
16th February 2023
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Alerts
Our legal experts track the evolving regulation around the tobacco alternatives sector on a daily basis. These alerts are then compiled into our Monthly Round-up section.
23rd March 2023
US - federal: The Food and Drug Administration (FDA) has published a new webpage listing all the tobacco products-related citizen petitions received by the agency’s Center for Tobacco Products (CTP). A citizen petition is a way for individuals, regulated industry representatives, or consumer groups to petition the FDA to issue, amend, or revoke a regulation, or to take other administrative action.
22nd March 2023
- US - Maine: Legislative Document (LD) 1215 and LD 1174 have been introduced. Both would ban the sale of all flavoured tobacco products, except for tobacco flavour.
20th March 2023
- US - New Mexico: House Bill 547 has been approved by both the Senate and House. The bill would change the definition of tobacco products for tax purposes to include all nicotine-containing products, including synthetic nicotine products. It would not change the existing tax rate on tobacco products, meaning that these products would be taxed at 25% of the product value.
17th March 2023
- US - General: The Food and Drug Administration (FDA) has authorised Altria Group-owned U.S. Smokeless Tobacco Co.'s Copenhagen Classic Snuff product to be marketed as a modified-risk tobacco product (MRTP). Copenhagen’s moist snuff is a pre-existing tobacco product that has been marketed in the US for years without MRTP status. The authorisation means that the product can be marketed with the language: "IF YOU SMOKE, CONSIDER THIS: Switching completely to this product from cigarettes reduces risk of lung cancer."
17th March 2023
- US - New York: The New York State Senate and New York State Assembly have rejected governor Kathy Hochul’s proposal to ban sales of flavoured tobacco products, which would have included menthol cigarettes, media reports. The proposal was first introduced in February as part of the governor’s 2023-2024 fiscal year budget. Hochul’s proposal was opposed by the State Assembly and State Senate, but both groups did agree to raise cigarette taxes from $4.35 to $5.35, making New York the state with the highest tax for cigarettes. The tax would also apply to heated tobacco products. A final budget deal is expected by 1st April.
16th March 2023
US - California: A US federal judge has granted a motion to dismiss a lawsuit brought by RJ Reynold and other tobacco companies against California’s statewide ban on the sale of flavoured tobacco and vaping products. Judge Cathy Ann Bencivengo said: “SB 793 does not control the retail sales of these products in other states, nor does it control the ability of manufacturers in or outside of California to continue manufacturing flavored tobacco products. In fact, manufacturers are still permitted to manufacture flavored tobacco products in California.” Reynolds and others brought the suit after California’s voters approved the ban in a November referendum. They claimed the law violated both the federal Tobacco Control Act (TCA) and the commerce clause in the US Constitution.
16th March 2023
US - Nevada: Assembly Bill 294 has passed its first reading and been referred to the Committee on Health and Human Services. It would ban the sale of tobacco products and e-cigarettes with any flavour other than tobacco. It would also ban cigarette sales to anyone born after 31st December 2002; and bar the Nevada Department of Taxation from issuing a licence to any vending machine operator, manufacturer or wholesale dealer in cigarettes after 31st December 2028. It is unclear if these last measures would apply to heated tobacco products or e-cigarettes, since there is no definition of “cigarette” in the bill.
10th March 2023
- US - Texas: House Bill 4353 has been introduced. This bill would impose a tax on e-cigarettes and alternative nicotine products when a person makes a first sale, as follows: "on all e-cigarettes that use an e-cigarette pod, 5 cents per e-cigarette pod; on all e-cigarettes that do not use an e-cigarette pod, 5% of the wholesale cost price; and on alternative nicotine products, $1.23 per ounce." A further tax is imposed on the storage, use, or other consumption of e-cigarettes and alternative nicotine products – the rates would be the same as those of the first sale tax.
9th March 2023
- US - Federal: Yesterday, the Food and Drug Administration (FDA) announced that it is proposing new requirements for tobacco product manufacturers regarding the manufacture, design, packing and storage of their products. "For example, these requirements would help minimize or prevent the manufacture and distribution of tobacco products contaminated with foreign substances—such as metal, glass, and plastics—which have been found in tobacco products. The proposed rule would also help address issues related to inconsistencies between e-liquid product labeling and the actual concentrations in e-liquids; such variability can be misleading to consumers, potentially intensifying addiction and exposure to toxins." The proposed rule was filed yesterday, 8th March, and remains unpublished; it is scheduled to be published tomorrow, 10th March.
7th March 2023
US - general: Tobacco giant Altria has entered into an agreement to acquire e-cigarette manufacturer Njoy for approximately $2.75bn. The purchase will give Altria control over the Njoy Ace, currently the only pod-based vape product with market authorisation from the US Food and Drug Administration (FDA).
6th March 2023
US - Alaska: Senate Bill 89 has been introduced, which would raise the minimum age to purchase tobacco, nicotine and vaping products from 19 to 21. It would also levy a tax on closed-system e-cigarettes at 25% of the wholesale price. Governor Mike Dunleavy vetoed a similar bill last year.
