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Blog
Tobacco may not be a vote-winning issue, but what a difference an election makes
15th September 2022
Blog |
What do e-cig cases tell us about where US FDA might go on other alternatives?
8th September 2022
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NEW FORMAT
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.
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 September 2022
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
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.
19th September 2022
- US-federal: Democratic 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
- 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
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
- 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
- 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
- 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."
26th August 2022
- 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".
23rd August 2022
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
- 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.
