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From February of 2022, subscribers will be able to view and filter individual regulatory alerts per region. If you want to get our monthly compilations, visit our alerts Round-up section.

US - California: RJ Reynolds and other tobacco companies have filed a motion in the US Supreme Court asking for an emergency order to prevent California from enforcing the flavour ban approved in the November ballot, press reports.

29th November 2022 - North America, Oregon, United States |

US - Oregon: The Multnomah County Board of Commissioners hosted a public hearing yesterday on proposed rules which would ban the sale of flavoured tobacco and nicotine products in the county. The board is scheduled to hear a first reading of this ordinance on Thursday, with a possible second reading on 15th December. Part of the Portland-Vancouver metropolitan area, Multnomah County has a population of just over 800,000 and includes Portland, the largest city in Oregon.

28th November 2022 - North America, United States |
US - Federal: The US District Court for the Eastern District of Texas issued an order in the case of RJ Reynolds Tobacco Co. et al. vs. United States Food and Drug Administration et al., No. 6:20-cv-00176, to postpone the effective date of the “Required Warnings for Cigarette Packages and Advertisements” final rule. The new effective date of the final rule is 6th November 2023.
28th November 2022 - Maryland, North America, United States |
US - Maryland: The City of Baltimore and mayor Brandon Scott have filed a lawsuit to hold cigarette manufacturers accountable for clean-up costs as well as environmental and financial damages caused by litter from tobacco products. The lawsuit alleges that the tobacco companies have refused to place warnings on their boxes explaining how to properly dispose of filters and they have opted not to use available biodegradable filters. According to the lawsuit, the city spends over $32m annually to collect upwards of 2,600 tonnes of litter, including an estimated $5.3m spent reducing cigarette filter litter.
US - California: Attorney general Rob Bonta announced $18.6m in state grant funding to 41 local government agencies to tackle the illegal sale of tobacco products, especially to minors, as part of the Department of Justice’s annual Tobacco Grant Program. The grant programme hopes to not only curb retailers disregarding federal tobacco laws, but to ultimately prevent the next generation from being addicted to tobacco.
25th November 2022 - Chile, South America |
Chile: The Health Committee of the Chamber of Deputies approved Bill 12626-11 on 22nd November. The bill, combined with Bill 12632-11, seeks to equate heated tobacco products with other traditional tobacco products. The bill also introduces certain provisions on devices and their components.
25th November 2022 - North America, Ohio, United States |
US - Ohio: Columbus City Council is debating a ban on flavoured tobacco products, which would include e-cigarettes and menthol tobacco products, news reports. The ordinance provides civil penalties and makes it a violation for any tobacco retailer to sell e-cigarettes and flavoured tobacco products. Columbus is the capital of Ohio, with a population of around 900,000.
18th November 2022 - Nevada, North America, United States |
US - NevadaAssembly Bill 53 has been prefiled in Nevada, which would modify the penalty for selling certain tobacco products, including e-cigarettes, to persons under 21. This bill would establish that for a second violation within a 24-month period the civil penalty would be decreased from $1,250 to $1,000. Additionally, the licence would be suspended for up to 180 days.
15th November 2022 - North America, United States |

US - general: According to a new study by the US Centers for Disease Control and Prevention (CDC) and the Food and Drug Administration (FDA), more than 3m middle and high school students reported using a “tobacco product” in 2022. The study assessed eight commercial products and concluded that for the ninth consecutive year e-cigarettes were the most commonly used tobacco product, followed by cigars, cigarettes and smokeless tobacco.

US - California: Tobacco companies are suing California over the flavour ban that passed via the ballot on Tuesday 8th November. They state that although the state and localities have broad authority to regulate tobacco products under federal law, "one thing they cannot do is completely prohibit their sale because they do not meet the state or locality’s preferred 'tobacco product standards'." Thus, the flavour ban would be pre-empted by federal law. The plaintiffs are RJ Reynolds Tobacco Company, RJ Reynolds Vapor Company, American Snuff Company, LLC, Santa Fe Natural Tobacco Company, Inc., Modoral Brands Inc., Neighborhood Market Association Inc., and MORIJA LLC dba Vapin' The 619.

US - California: As expected, voters in California yesterday passed Proposition 31 to uphold the 2020 legislation banning the sale of flavoured tobacco products. Senate Bill 793 was delayed due to a referendum call by the tobacco industry, which gave the voters the final say. Many local jurisdictions in the state have already passed some sort of restriction on flavoured tobacco products, the sale of which will now be forbidden state-wide.

9th November 2022 - Chile, South America |

Chile: The Chamber of Deputies Health Committee yesterday heard  the government’s comments on Bill 12626-11, which, together with Bill 12632-11, seeks to equate heated tobacco products with other tobacco products. The committee has set a new deadline of 17th November to end discussion and decide on the bill, which also introduces certain provisions on devices and their components.

US - California: Proposition 31, which aims to uphold Senate Bill 793, is on the state ballot today. A “yes” vote would ban the sale of flavoured tobacco products in California.

7th November 2022 - North America, United States |
US - General: Philip Morris Holland Holdings B.V. (“PMHH”) – an affiliate of Philip Morris International Inc. – has announced that it "is pleased to complete its offer for Swedish Match and become the owner of 82.59% of the shares". The offer period is now extended until 25th November. It stated that both companies together "can create a global, science-led smoke-free champion, combining expertise in heated tobacco and oral nicotine—including multiple MRTP authorizations. Swedish Match would lead the combined company’s oral nicotine business."
3rd November 2022 - North America, Ohio, United States |
US - Ohio: Last week, the Columbus City Council met with business owners to discuss a potential ban on flavoured tobacco, which would also include flavoured e-cigarettes and menthol products, according to local news. The idea came out of a Columbus Public Health study, which signalled that minority communities are being targeted by tobacco shops, especially regarding menthol flavoured products. In the meeting, many spoke out against the proposed ban, especially vape shop owners, though it was also supported by several others, among them doctors and a middle school teacher. Columbus is the capital of Ohio, with a population of around 900,000.

Massachusetts: The Massachusetts Superior Court has dismissed a challenge to the town of Brookline’s Tobacco-Free Generation bylaw, which will remain in effect, town administrator Chas Carey has announced. The bylaw prohibits anyone born after 1st January 2000 from purchasing tobacco products, including e-cigarettes, in the town. “The dismissal of this challenge is a positive outcome, validating decades of tobacco control work in local government to reduce access to tobacco and nicotine products and prevent disease for future generations,” the town’s public health commissioner Sigalle Reiss said. “Brookline has laid the path that other communities may now follow as they seek to keep harmful tobacco products out of the hands of generations to come.” Brookline, which lies in the Boston metropolitan area, has a population of around 60,000.

31st October 2022 - Brazil, South America |
Brazil: The candidate from the left-wing Workers' Party (PT), Luís Inácio Lula da Silva, won the presidential elections with 50.9% of the votes. He has not expressed his opinion about new products, but the Workers' Party has defended strict policies towards tobacco regulation, as shown in our Policy Radar.
31st October 2022 - North America, United States |
US - Federal: The US Food and Drug Administration (FDA) has received numerous comments from a variety of industry members about certain aspects of its Tobacco Program. Many of the comments claim that the regulatory agency has not convened its own group of scientific advisors in nearly four years and makes decisions based on political agenda and not the science surrounding nicotine products. Another comment states that the Tobacco Control Act (TCA) favours combustible tobacco products by allowing new combustible products to take easier pathways to market, such as being considered pre-existing tobacco products. The comment period will remain open until 7th November 2022.
28th October 2022 - South America, Uruguay |
Uruguay: The Executive Branch issued a decree obligating tobacco companies to submit a statement indicating the number of units sold per month of each brand and size to the Ministry of Health every semester. The decree specifically mentions that the obligation applies to heated tobacco.
28th October 2022 - Brazil, South America |
Brazil: The director of the National Public Health Surveillance Agency (Anvisa), Antonio Barra Torres, told local media that the discussion about the legal situation of e-cigs and heated tobacco products is expected to be held by the authority's board in December. The authority is likely to open the subject for public consultation, but according to the director, so far the understanding is to follow the board's decision on maintaining the current ban.
24th October 2022 - North America, Oregon, United States |
US - Oregon: The Multnomah County Public Health Division has recommended that a ban on flavoured tobacco and nicotine products be passed in the county, local news report. The aim behind it is to reduce youth access to these products. Multnomah County has a population of around 815,000, making it the state's most populous county.
US - California: A flavoured tobacco products ban referendum is on the 8th November ballot in California. Some health organisations are advocating to vote yes, so as to uphold Senate Bill 793, which would ban the sale of flavoured tobacco products. San Luis Obispo County health officer, Penny Borenstein, is among them, encouraging the community to vote yes, stating: "We stand with commendable health organizations such as the American Heart Association, the American Lung Association, the Cancer Action Network of the American Cancer Society, the California Medical Association, and the American Academy of Pediatrics." San Luis Obispo County has a population of around 280,000.
21st October 2022 - Europe, United States |
UK: Yesterday, junior health secretary, Caroline Johnson, said that the government is reviewing how the powers provided by the Retained EU Law (Revocation and Reform) Bill can be used. Should these be used for reforms to tobacco control, this will not reduce the current standards. "Maintaining patient safety and public health will remain paramount and the government continues to work with a range of organisations and stakeholders," added Johnson, whose prime minister Liz Truss resigned yesterday. We anticipate that this will further delay publication of the already overdue tobacco control plan.
20th October 2022 - North America, United States |

US - general: Philip Morris International (PMI) today announced an agreement with Altria to end the companies’ commercial relationship covering Iqos in the US as of 30th April 2024. PMI will pay a total of $2.7bn $1bn of which was paid when they made the agreement, the remainder will be paid by July 2023. PMI’s CEO Jacek Olczak said: “This agreement gives PMI full US commercialisation rights to Iqos within approximately 18 months and provides a clear path to fulfilling the product’s full potential in the world’s largest smoke-free market, leveraging PMI’s full strategic and financial commitment to Iqos’s success.”

US - Massachusetts: The Massachusetts Superior Court has dismissed a lawsuit challenging a local by-law banning the sale of tobacco products in the town of Brookline to anyone born after 1st January 2000. The court saw no conflict between the town law and state law, which specifically allows cities and towns to restrict the sale of tobacco products.

18th October 2022 - North America, United States |
US - Federal: The Food and Drug Administration (FDA) has published a press release reviewing its activities in the last months, stating: "FDA Completes Initial Review of 95% of Non-Tobacco Nicotine Product Applications; Agency Has Issued Over 60 Warning Letters to Manufacturers, Including for Products with a Submitted Application and Negative Action."

Americas: The Pan American Health Organization, the regional office of the World Health Organization (WHO), has published a paper on “Taxation of novel and emerging nicotine and tobacco products (HTPs, ENDS, and ENNDS) globally and in Latin America”, analysing “the evolution and market structure” of heated tobacco and e-cigarettes, with and without nicotine, and proposes “possible elements of a good tax policy approach for countries to consider”. The paper makes extensive use of TobaccoIntelligence data.

11th October 2022 - North America, United States |

US - general: A new study published in the American Journal of Preventive Medicine, “US adults’ public opinion toward R-rating labels for movies with cigarette smoking”, has concluded that 47% of US adults support a policy that would designate R-ratings for movies depicting smoking, while just 20.3% were opposed and 30.3% neutral on the issue.

US - Michigan: The University of Michigan announced it “will prohibit the use of all tobacco products on all of its campuses effective Nov. 17, in conjunction with the Great American Smokeout”. The update will ban e-cigarettes and smokeless tobacco products, which are not included in the current policy.
6th October 2022 - Colombia, South America |

Colombia: President Gustavo Petro has decided not to increase the tax on tobacco products, press reports. Medical societies had been urging the government to raise the tax on heated tobacco and some members of the Chamber of Representatives have already criticised the decision not to do so as part of Petro’s overall tax reforms.

4th October 2022 - North America, United States |

US - general: A federal appeals court was not receptive yesterday to arguments put forward by Philip Morris International (PMI), accusing the US International Trade Commission (ITC) of failing to consult the Food and Drug Administration (FDA) before imposing an import ban on the company’s FDA-approved Iqos heated tobacco products, Reuters reports. Attorney Gregory Garre, for PMI, claimed the ITC’s public request for comment did not amount to “consulting” with the FDA, as required by federal law. However, judge Kara Stoll said the ITC had considered 32 documents from the FDA in making its decision.

3rd October 2022 - Brazil, South America |
BrazilNone of the presidential candidates achieved the majority needed to win the election in the first round yesterday (2nd October). The second round, which will take place on 30th October, will decide between the current president Jair Bolsonaro (43% votes) from the right-wing Liberal Party, and Luis Inácio Lula da Silva (48% votes) from the left-wing Workers' Party. Although neither candidate has expressed their opinion towards new products, both parties have defended strict policies regarding tobacco regulation, as shown in our Policy Radar.
29th September 2022 - Central America, Costa Rica |

Costa Rica:bill imposing neutral packaging for tobacco products, including heated tobacco, has received the approval of the Legislative Assembly Social Affairs Committee, press reportsThe bill, which would also ban advertising and increase the size of health warnings from 50% to 80% of the package area, will now go to the full Assembly to be voted on in two debates.

29th September 2022 - North America, Oregon, United States |

US - Portland Oregon metropolitan area: Washington County’s Ordinance 878  which passed last November, has been on hold since January, was ratified by voters in May, but kept on hold by a preliminary injunction in July has now been struck down by a circuit court judge, who decided the county had no authority to enact a local ban on the sale of flavoured tobacco products. The county has issued a statement disagreeing with the ruling and saying it will consider options for an appeal.

29th September 2022 - California, North America, United States |

US - California: The city of Chula Vista has unanimously voted to ban the sale of flavoured tobacco products including menthol from 1st January 2023, local media reports. With a population of over 275,000, Chula Vista is the second-largest city in the San Diego metropolitan area.

29th September 2022 - Chile, South America |

Chile: President Gabriel Boric has placed an “urgent” priority (“urgencia simple”) on Bill 12632-11, currently being discussed by the Chamber of Deputies Health Committee. The bill, which already has Senate approval, would initially have regulated heated tobacco and e-cigarettes like traditional tobacco products. However, in March the Health Committee approved the removal of references to vaping products. The president’s order requires the Chamber to reach a decision on the bill by 26th October.

28th September 2022 - North America, United States |

US - federal: The FDA’s Center for Tobacco Products (CTP) has published a new webinar providing a brief overview of the resources available to retailers to help prevent the sale of tobacco products to under-21s, focusing on age verification, internal compliance checks, and recommended training practices. The webinar also covers recent updates to federal law on products that contain synthetic nicotine.

27th September 2022 - North America, United States |

US - federal: Brian King, director of the Food and Drug Administration (FDA)’s Center for Tobacco Products (CTP) has told the Associated Press news agency (AP) about his approach to policymaking, including potential flavour restrictions. He mentioned the nicotine-salts technology in e-cigarettes that could be a good fit for smokers, but also warned of its danger to youth.

27th September 2022 - South America, Uruguay |

Uruguay: Senators from the centre-right National Party have proposed scrapping the planned tax on heated tobacco products currently under debate, press reports. The bill, already approved by the Chamber of Deputies, would set up a 70% tax on heated tobacco products, including accessories.

27th September 2022 - North America, United States |

US - federal: The FDA’s Center for Tobacco Products (CTP) is seeking nominations for two people to serve as voting members on the Tobacco Products Scientific Advisory Committee (TPSAC). Individuals may self-nominate or be put forward by any interested person or organisation. Nominations received on or before 25th November will be given first consideration. Nominations received after that date will be considered as later vacancies occur.

23rd September 2022 - North America, Tennessee, United States |
US - Tennessee: An ordinance to prohibit smoking and the use of vapour products in certain age-restricted establishments such as bars and music venues that was discussed in the Metropolitan Council of Nashville and Davidson County was deferred for a second time on 20th September; it was previously deferred on 16th August. Many owners of bars for over-21s are complaining, saying that this ordinance will drive them out of business, local news reports.
20th September 2022 - Michigan, North America, United States |

US - Michigan: A number of bills were to be heard today in the Senate Committee on Regulatory Reform, including Senate Bill 572SB 573SB 574 and SB 575, all of which relate to the regulation of tobacco and vapour products. SB 572 would further tax consumable materials at 18% of the wholesale price if part of an open vapour system or $0.60 per ml if contained in a closed-system cartridge; alternative nicotine products would be taxed at $0.50 per oz on the basis of net weight of the product as listed by the manufacturer.

19th September 2022 - North America, United States |
US-federalDemocratic senator from Illinois Dick Durbin has spoken on the Senate floor about the Food and Drug Administration (FDA)’s failure to meet e-cigarette and synthetic nicotine deadlines, unwillingness to take action against companies that ignore the agency’s orders, and general lack of urgency when it comes to protecting children from these products. He stated: “The FDA has the legal right and authority to pull these products off the shelves, but with respect to illegal e-cigarettes, they do nothing.”
16th September 2022 - North America, United States |
US - Federal: Brian King, the new director of the US Food and Drug Administration’s Center for Tobacco Products (CTP) said in an interview that his priorities include reaching populations that have been affected by tobacco, informing young people about the dangers of vaping, and making policies, such as flavour restrictions. He said: “The menthol and cigar flavors rulemakings, as well as work related to making cigarettes minimally or non-addictive, are just a few examples of our ongoing work toward meaningful change to achieve health equity”.
13th September 2022 - Alaska, North America, United States |

US - Alaska: The anti-taxation think tank Americans for Tax Reform (ATR) has applauded governor Mike Dunleavy’s decision to veto Senate Bill 45, which would have raised from 19 to 21 the legal age to purchase, sell, exchange or possess tobacco, nicotine-containing products, or e-cigarettes. The bill would also have levied a 35% tax on the wholesale price of all e-cigarette products. ATR’s director of consumer issues, Tim Andrews, said: “Rejecting the tax hike will also make it easier for those who currently smoke to achieve cessation using vapour products.”

13th September 2022 - South America, Uruguay |

Uruguay: The Health Ministry has published a list of criteria for the approval of tobacco products, including heated tobacco. They include a ban on the use on packaging of messages that suggest products are less risky to health, including naming ingredients or including words such as “light” or “mild”.

12th September 2022 - North America, United States |
US - Federal: Democratic senator from Illinois Dick Durbin has called on the Food and Drug Administration (FDA) to complete its premarket review of e-cigarettes, claiming the agency has failed to meet the one-year court-ordered deadline to review them. The FDA has said it does not anticipate completing its review of the most popular e-cigarette products on the market until 2023, which Durbin finds a very harmful delay. Specifically, Durbin states that the FDA is not using its enforcement authority to stop the sale of illegally marketed e-cigarettes, even after having sent them warning letters. The senator further wrote that the agency refused to use its authority to regulate the synthetic nicotine marketplace; while the FDA has not authorised a single one of those products, they remain widely available.
9th September 2022 - North America, United States |
US - Federal: The US Food and Drug Administration (FDA) has launched a non-tobacco nicotine (NTN) product website that includes up-to-date information about premarket review progress and enforcement actions. As of 6th September, the FDA has issued refuse-to-accept (RTA) letters for more than 800,000 NTN products in applications submitted by 14th May that do not meet the criteria for acceptance; this includes more than 700,000 new RTAs since 3rd August. In total, the FDA has accepted over 350 applications for NTN products, with the vast majority being for e-cigarette or e-liquid products.
5th September 2022 - South America, Uruguay |

Uruguay: Miguel Asqueta, director general of the Ministry of Health, has said that Decree 87/2021, which authorised the sale of heated tobacco products, did not originate from the ministry, which did not support it, press reports. He added that no company had applied for a permit to import or market heated tobacco. His comments followed criticism of the decree by representative Sandra Etcheverry of the government centre-right National Party.

29th August 2022 - North America, United States |
US - federal: The Center for Tobacco Products (CTP) updated the term “grandfathered tobacco product” to “pre-existing tobacco product” on all of its systems. The updated terminology more clearly and appropriately describes these products. A pre-existing tobacco product has the same definition as a grandfathered product: "Specifically, a pre-existing tobacco product is any tobacco product (including those products in test markets) that was commercially marketed in the United States as of Feb. 15, 2007."