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.
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 - 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.
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: 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.
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.
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.
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.
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.
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.
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.
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.
Costa Rica: A bill imposing neutral packaging for tobacco products, including heated tobacco, has received the approval of the Legislative Assembly Social Affairs Committee, press reports. The 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.
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.
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.
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.
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.
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.
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.
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.
US - Michigan: A number of bills were to be heard today in the Senate Committee on Regulatory Reform, including Senate Bill 572, SB 573, SB 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.
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.”
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”.
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.