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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.

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.”

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.
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."
US - Alaska: Senate Bill 45 has been transmitted to the governor. This bill would raise the legal age to purchase, sell, exchange, or possess tobacco, a product containing nicotine, or an electronic smoking product from 19 to 21. It would further levy a tax as follows: 35% of the wholesale price of "(A) a closed-system electronic smoking product; (B) a vapor product sold as part of an open-system electronic smoking product; (C) a vapor product sold separately from a closed- or open system electronic smoking product".

US - DC: The Office of Tax and Revenue has issued a notice that the tax rate on “other tobacco products” for the tax year 2023, which begins on 1st October, will be 79% of the wholesale price equivalent to the total tax on a packet of 20 cigarettes.

22nd August 2022 - North America, United States |
US - Federal: The Center for Tobacco Products has sent a reminder that the effective date for the required health warnings for cigarettes was postponed by the US District Court for the Eastern District of Texas. The new effective date of the final rule is 6th October 2023. However, the Food and Drug Administration (FDA) strongly encourages entities to submit cigarette plans as soon as possible, and no later than 7th December 2022.

US - California: The San Benito County Board has voted unanimously to adopt an ordinance banning the sale of flavoured tobacco products within both incorporated and unincorporated areas of the county, which lies in the Coast Range Mountains to the south of San Francisco and has a population of around 64,000. The ordinance, which also prohibits tobacco retailers from selling e-cigarettes, adds to the Californian trend of local flavour bans while a referendum on a state-wide flavour ban is pending.

11th August 2022 - North America, United States |

US - general: A Freedom of Information request by a media outlet has revealed an August 2020 memo showing that the Center for Tobacco Products (CTP) originally had a different strategy for reviewing premarket tobacco product applications (PMTAs). According to the memo, reviews were to be conducted through a “bracketing system”, described as “the process of individually evaluating the highest and lowest variation of a given characteristic within the bundle...and bridging the findings and conclusions to all other products within the bracket”. This system was meant for open-system e-liquids, for which they were expecting a huge number of applications; by dividing PMTA submissions into smaller bundles, the burden was expected to be relieved. That approach would have increased “the likelihood that FDA can issue more marketing orders on a greater number of tobacco products which would provide public health benefit”. It is not known why this approach was later not followed.

10th August 2022 - North America, United States |

US - federal: Cristine Delnevo, director of the Rutgers Center for Tobacco Studies and a professor of health behaviour, society and policy at the Rutgers School of Public Health, has been appointed chair of the US Food and Drug Administration (FDA)’s Tobacco Products Scientific Advisory Committee (TPSAC) until 31st January 2025. “This advisory committee plays an important role in several ways, perhaps most notably on the review of modified risk tobacco product applications, as required under the Tobacco Control Act,” Delnevo said.

8th August 2022 - North America, United States |

US - federal: Brian King, director of the US Food and Drug Administration (FDA)’s Center for Tobacco Products (CTP) has said in a public update on the agency’s review and enforcement of non-tobacco nicotine products that the CTP has been “working diligently” to process premarket tobacco product applications (PMTAs). He said: “I’m thankful that our authority is now clear, and I will not stand by as illegal products with the potential to cause a new generation of youth to become addicted to nicotine, proliferate in the marketplace.” He emphasised that the FDA had received nearly 1m PMTAs from more than 200 separate companies and issued refuse-to-accept (RTA) letters for more than 88,000 products for applications that “do not meet the criteria for acceptance”. Amanda Wheeler, president of the American Vapour Manufacturers Association (AVM), tweeted in response: “Read between the lines: Millions of applications submitted, ZERO approved, yet King assures us the system is working.”

5th August 2022 - North America, United States |

US - general: Matthew Myers, president of the Campaign for Tobacco-Free Kids, has issued a statement saying the US Food and Drug Administration (FDA) “should enforce the law and order immediate removal of all unauthorized synthetic nicotine products”, adding that “sending a small number of warning letters does not comply with the law”.

4th August 2022 - North America, United States |

US - general: The Vapor Technology Association (VTA) has filed its support for the US Food and Drug Administration (FDA)’s proposed ban on menthol cigarettes, “detailing FDA’s science that shows success is contingent on FDA’s approval of menthol and other flavored vaping products”.

3rd August 2022 - North America, United States |

US - general: British American Tobacco (BAT) subsidiary Dryft Sciences has brought an anti-trust suit in the US District Court for the Central District of California, alleging that Swedish Match North America has attempted to corner the market for tobacco-free nicotine pouches “by battering a former rival with bogus patent claims”.

2nd August 2022 - North America, United States |

US - federal: Today, 2nd August, is the deadline for the submission of electronic or written comments to the dockets on the FDA’s proposed flavour ban rules.

US - California: As of 25th July, it’s unlawful to sell flavoured tobacco to anyone in the unincorporated areas of Sacramento County. The sales ban includes flavoured cigarettes, e-cigarettes and cigars along with any flavoured edible tobacco and nicotine products. According to a Sacramento County news release, all cigarette products with smells and flavours except tobacco are prohibited from being sold. Hookah lounges are not exempt from the ban.
28th July 2022 - North America, United States |

US - federal: A group of 19 US senators have signed a letter to FDA commissioner Robert Califf in support of the FDA’s proposed rules that would ban menthol in cigarettes and flavoured cigars. It says: “We applaud FDA for issuing these proposed rules and are pleased to see the agency using the regulatory authority that Congress gave it to reduce the death and disease caused by tobacco products.” The senators, all Democrats, urge the FDA to move promptly to consider public comments, finalise the rule, and implement it so that “these lifesaving requirements can take effect as soon as possible”. The proposed menthol ban would also apply to the Iqos heated tobacco device, which the FDA classifies as a cigarette.

27th July 2022 - North America, United States |

US - federal: Matt Holman, director of the Office of Science at the FDA’s Center for Tobacco Products (CTP) is leaving immediately to join Philip Morris International (PMI), media reports. According to a memo from CTP director Brian King: “Holman has been on leave and has recused himself from all CTP and FDA work while exploring career opportunities outside government.” Holman leaves just as the CTP faces a series of major decisions, including a potential ban on menthol cigarettes, lowering nicotine levels, and the ongoing efforts to rein in Juul and other e-cigarettes.

US - New York: Senate Bill 4142 has been signed into law by governor Kathy Hochul. The bill makes smoking on all state-owned beaches and boardwalks, in marinas, playgrounds, recreation centres and group camps punishable by a $50 fine. It exempts the Adirondack and Catskill conservation parks from the ban as well as parking lots, sidewalks adjoining parks, and areas not used for park purposes. The ban does not apply to e-cigarettes.

US - Michigan: House Bill (HB) 6108 has been signed into law by the governor. This bill amends state law to raise the legal age to purchase a tobacco product, vapour product or an alternative nicotine product from 18 to 21, in accordance with federal law.
20th July 2022 - North America, United States |

US - federal: US Food and Drug Administration (FDA) commissioner Robert Califf has ordered an external review of the Center for Tobacco Products (CTP), citing a “series of challenges that have tested our regulatory frameworks and stressed the agency’s operations”.

US - California: Attorney general Rob Bonta yesterday announced $22m in state funding for local government agencies to tackle the illegal sale of tobacco products, especially to minors. He said the Department of Justice’s Tobacco Grant Program would give local agencies “the funding they need to keep our children healthy and hold tobacco retailers accountable”. Any local agencies with authority to enforce tobacco-related state laws or local ordinances are eligible to apply.

19th July 2022 - North America, United States |

US - general: Major tobacco companies have reached a settlement with the US Department of Justice regarding tobacco-related health messages at retail locations, the convenience retail association NACS reports. The agreement requires Altria, Philip Morris USA, RJ Reynolds Tobacco and ITG Brands to supply court-ordered signs to stores they have contracts with and require those stores to post them for 21 months. A hearing on the proposed agreement will be held in the US District Court for the District of Columbia on 28th and 29th July, at which point the court will decide whether to accept it.

US - California: Millbrae City Council intends to prepare an ordinance that would prohibit the sale of flavoured tobacco products within the city, which lies in the San Francisco Bay Area and has a population of just over 23,000. Millbrae is in San Mateo County, where sales of flavoured tobacco products and e-cigarettes have been banned in unincorporated areas since 2018. The county intends to update its Tobacco Retailer Permit Ordinance to specifically include synthetic nicotine products and non-nicotine e-cigarettes and to place stipulations on where new retailers can be located. A Californian referendum over a state-wide flavour ban is still pending.
US - Hawaii: House Bill (HB) 1570 has been vetoed by the governor. The version as it currently stands would ban the sale of flavoured tobacco products and deem it unlawful to mislabel as nicotine-free any e-liquid product that contains nicotine. The first versions of the bill explicitly banned the sale of flavoured synthetic nicotine products, but the current version after amendments does not.
14th July 2022 - North America, United States |
US - federal: New warning letters have been issued by the US Food and Drug Administration (FDA). Among them is the warning: “Please be aware that, on 15th March 2022, the president signed legislation to amend the FD&C [Federal Food, Drug, and Cosmetic] Act to extend FDA’s jurisdiction to products ‘containing nicotine from any source’, not just nicotine derived from tobacco”; thus, the FDA has started to send out warning letters about synthetic nicotine products.
14th July 2022 - North America, United States |

US - general: The Campaign for Tobacco-Free Kids has urged the Food and Drug Administration (FDA) to enforce the congressionally mandated deadline and clear the market of any synthetic nicotine products that had not obtained FDA authorisation by yesterday, 13th July. It emphasised that a growing number of e-cigarette manufacturers have increasingly switched to using synthetic nicotine since the FDA acted against flavoured products made with tobacco-derived nicotine.

13th July 2022 - North America, United States |
US - general: Today, 13th July, is the final date for synthetic nicotine products to be marketed in the US without a premarket tobacco product application (PMTA) having been submitted by 14th May. The Food and Drug Administration (FDA) has been criticised for its statement that it could not say how many companies selling such products had submitted an application making it impossible to estimate the real number of illegal products on the market, media reports. Senator Dick Durbin said: “It seems that the FDA is unable to implement processes for monitoring the market and neglects its duty to ensure compliance with the law.” Matt Myers, president of the Campaign for Tobacco-Free Kids, said: “If FDA allowed products to remain on the market that didn’t file an application, it is both directly contrary to the law and puts America’s kids at risk.” Lawyer Azim Chowdhury said he expected the FDA “to go after big companies known for marketing to kids, and hopes the agency does not try to put small vape shops out of business”.
13th July 2022 - North America, United States |

US - federal: The American Vapor Manufacturers Association has formally asked the inspector general of the US Department of Health and Human Services to investigate “unethical political interference between Congress and FDA”. Specifically it queries whether the commissioner was aware that the FDA’s Juul decision was based on incomplete information; calls for all correspondence between the commissioner and members of Congress (including senator Dick Durbin and representative Raja Krishnamoorthi) to be made public; and also for other communications between the commissioner and a Wall Street Journal reporter, between him and his immediate predecessor, and between any FDA officials and the Campaign for Tobacco-Free Kids and Parents Against Vaping to be made public.

12th July 2022 - North America, United States |

US - federal: Tomorrow, 13th July, is the last day for synthetic nicotine products to be marketed in the US without a premarket tobacco product application (PMTA) submitted by 14th May. While the Food and Drug Administration (FDA) will maintain enforcement discretion, it will be illegal after tomorrow to distribute such products without a PMTA.

11th July 2022 - North America, United States |

US - federal: The US Food and Drug Administration (FDA) has received more than 110,000 comments on the proposed rule prohibiting menthol cigarettes and around 60,000 comments on the proposed rule that would prohibit characterising flavours in cigars. Opponents of the bill, including business owners and tobacco retailers, wrote that it would directly impact their profit. One wrote: “This ban targets a significant portion of my revenue; menthol cigarettes alone make up 36 percent of all cigarette sales in the United States.” Supporters regard it as a necessary step toward health equity. The comment period has been extended by the FDA from 5th July to 2nd August.

11th July 2022 - North America, United States |

US - federal: A US district judge from Washington DC has ruled that the Food and Drug Administration (FDA)’s decision to deem the category of “premium cigars” as tobacco products, and not exempt them from the deeming rule, is arbitrary and capricious.

US - California: San Jose’s ban on flavoured tobacco becomes effective today, 1st July, prohibiting the sale of any tobacco products and e-cigarettes with an artificial flavour, natural flavour, aroma, herb or spice, including menthol-flavoured products. The ban exempts shisha, hookah and premium cigars from the restrictions. San Jose is the most populated city in the San Francisco metropolitan area, which means that the ban could affect around 1m people.
22nd June 2022 - North America, United States |

US - federal: The Biden-Harris administration yesterday published an outline of possible future regulatory actions, including the US Food and Drug Administration (FDA)’s plans to develop a product standard rule establishing a maximum nicotine level in cigarettes and certain other combusted tobacco products, with the stated aim of reducing youth use, addiction and death.

US - New Jersey: Assembly Bill 4316 has been introduced, which would prohibit the use of tobacco products and e-cigarettes by drivers engaged in delivery of food.

20th June 2022 - North America, United States |

US - federal: The US Food and Drug Administration (FDA) has announced an extension to the public comment period for its proposed rules prohibiting menthol cigarettes and flavoured cigars from 60 days to 90 days. Comments can now be submitted until 2nd August. The Cigar Association of America and Premium Cigar Association have both launched online portals enabling people to submit prewritten comments to the agency easily.

US - Michigan: House Bill (HB) 6108 has passed the House and is now in the Senate. This bill would amend state law to raise the legal age to purchase a tobacco product, vapour product or an alternative nicotine product from 18 to 21, in accordance with federal law.

US - Michigan: House Bill 6108 has been referred to a second reading. The bill would amend state law to raise the legal age to purchase a tobacco, vapour or alternative nicotine product from 18 to 21, in accordance with federal law.

14th June 2022 - North America, United States |

US - federal: The Biden administration is intending to pursue a policy of reducing nicotine in cigarettes to “minimally or nonaddictive levels”, according to the Wall Street Journal. The policy could be announced as early as next week, though it would not take effect for several years due to the rule-making process.

13th June 2022 - North America, United States |

US - Federal: The US Food and Drug Administration (FDA) is holding public listening sessions today (13th June) and Wednesday (15th June) on its proposed menthol cigarette and flavoured cigars ban. The sessions will allow individuals, communities and organisations to share their views, based on which the agency will decide if any changes should be made to the proposed rules.

US - Michigan: House Bill (HB) 6108 has been scheduled for a hearing on 14th June, in the House Judiciary Committee. The bill would amend state law to raise the legal age to purchase a tobacco product, a vapour product or an alternative nicotine product from 18 to 21, in accordance with federal law.
US - TexasRule 34 TAC (Texas Administrative Code) 1.21 has been recently published and will be effective as of 8th June 2022. This rule establishes that a permit holder receiving a written notice of a violation of §161.0901 of the Health and Safety Code (establishes penalties related to youth access laws) may file a written request for a hearing on or before the 20th day after the date on the written notice of violation.
US - California: The Los Angeles City Council voted an overwhelming 12 to 0 to pass an ordinance to prohibit the sale of flavoured tobacco in the city, including all flavours except tobacco – with an exception for shisha tobacco at hookah lounges. The ordinance moves to the mayor’s desk for consideration to be signed into law and would become effective on 1st January 2023. The interim president, Mitch O'Farrell, made a heart-felt speech about tobacco policies after the voting, stating that everyone listening surely had someone who had been affected by tobacco or nicotine. He emphasised that the bill doesn't ban the possession or use of flavoured tobacco for people over 21, as their aim is to protect the youth from such policies.
US - Tennessee: Senate Bill (SB) 2219 was signed into law by the governor yesterday, 1st June. This bill would authorise local governments to regulate smoking and vaping, including the prohibition of smoking and the use of vapour products in age-restricted venues.
US - Wyoming: In communications with the Wyoming Department of Revenue, TobaccoIntelligence has been made aware that nicotine pouches do not currently fit the definition of “nicotine product” within the state and are considered tangible personal property; thus, no specific excise tax applies to nicotine pouches. However, the department added a reminder that sales of nicotine pouches as well as nicotine products to retail customers are subject to sales tax in the state. E-cigarettes and vapour material are included within the definition of nicotine products in Wyoming.
US - AlaskaSenate Bill 45, which passed both the Senate and the House, is still awaiting transmittal to the governor. This bill would raise the legal age to purchase, sell, exchange, or possess tobacco, a product containing nicotine, or an electronic smoking product from 19 to 21. It would further levy a tax as follows: 35 % of the wholesale price of "(A) a closed-system electronic smoking product; (B) a vapor product sold as part of an open-system electronic smoking product; (C) a vapor product sold separately from a closed- or open system electronic smoking product".