Author: Bill Tarling

“The U.S. Court of Appeals for the Third Circuit will review a preliminary injunction against Philadelphia’s enforcement of an ordinance banning the sale of certain flavored tobacco products. The U.S. Court of Appeals for the Third Circuit will have the opportunity to decide in Cigar Association of America, et al. v. City of Philadelphia, et al., No. 20-3519 (3d Cir.), appealed from, No. 2:20-cv-03220 (E.D. Pa. Nov. 13, 2020). In granting the preliminary injunction, Judge Pratter held that the plaintiffs were likely to succeed on their claim that a Pennsylvania statute, 53 Pa. C.S. § 301, preempts the Ordinance. Philadelphia filed a notice of appeal on December 11, 2020, and the case is now before the Third Circuit.”

BILL TARLING — Since it is the Cigar Association of American that garnered the Flavor Ban injunction, they will most likely be seeking exemption from the ban for cigars, not other tobacco products, nor for e-liquid vape products

ARTICLE LINK:   Philadelphia Appeals Preliminary Injunction Against Flavor Ban

“President expected to sign the legislation that requires adult age verification upon delivery of e-cigarettes, matching other tobacco ID rules passed a decade ago. Congress has passed legislation in the end-of-year omnibus spending packages to stop the online sales of e-cigarettes to minors. The legislation closes the online loophole for e-cigarettes that exists by requiring that the age of the recipient be verified in-person at delivery. The Preventing Online Sales of E-Cigarettes to Children Act was introduced in the U.S. Senate by Sens. Dianne Feinstein, D-Calif., and John Cornyn, R-Texas, and in the U.S. House by Reps. Rosa DeLauro, D-Conn., and Kelly Armstrong, R-N.D. The legislation requires online sellers of e-cigarettes to ensure that the delivery carrier verifies the age of the recipient upon delivery. It also requires online sellers to collect and remit the appropriate state and local taxes.”

ARTICLE LINK:   Congress Passes Online Vape Sales ID Measure

“Elections officials in Inyo County said Monday that at least 70% of the signatures submitted to block a California law banning the sale of flavored tobacco are invalid, with dozens of voters saying they never signed the petition. Last month, a campaign funded by the nation’s largest tobacco companies announced it had gathered more than 1 million voter signatures to qualify a referendum on the new law for the November 2022 statewide election. The law, Senate Bill 793, outlaws the retail sale of flavored tobacco products in California and is scheduled to take effect on Jan. 1. But if elections officials determine at least 623,212 valid voter signatures have been gathered, the enactment of SB 793 will be on hold for at least the next two years. Under California law, voters can overturn a statute signed by the governor through a referendum — having done so most recently last month, when they rejected Proposition 25 and the plan to eliminate cash bail in the state. Forging a signature on a ballot measure petition and submitting the document to elections officials are misdemeanors under state law, punishable by jail time and a fine of up to $5,000.”

NOTE: The coalition has received more than $21 million so far, largely from companies including Philip Morris USA and its affiliated U.S. Smokeless Tobacco Co., as well as R.J. Reynolds Tobacco Co. Opponents needed to collect the signatures of 623,312 registered voters to quality the referendum.

ARTICLE LINK:   Investigation launched as Inyo County voters say they didn’t sign tobacco referendum

“The Covid-19 relief bill passed by the U.S. Congress on Dec. 21 prohibits the U.S. Postal Service from delivering packages containing e-cigarettes. It also subjects e-cigarettes to other rules that currently govern online cigarette sales. Among other things, online retailers will be required to use private shipping services that collect an adult signature at the point of delivery, collect all applicable local and state taxes, and send each taxing state’s tax administrator a list of all transactions with customers in their state. The new rules could go into effect as soon as 120 days. “If the increase in shipping costs wasn’t enough, the bill also imposes huge paperwork burdens on small retailers, and backs it up with threats of imprisonment for even innocent mistakes,” American Vaping Association President Gregory Conley said in a statement. “This is not a law designed to regulate the mail-order sale of vaping products to adults; it’s an attempt to eliminate it.” “

ARTICLE LINK:   Covid Relief Bill Restricts Shipping of Vapor Products

“The Federal Tax Authority, FTA, has confirmed that as of 1st January 2021, it will not be permitted to sell (supply), transport, store or possess any type of water pipe tobacco or electrically heated cigarettes in the UAE unless they bear the Digital Tax Stamp (DTS). The DTS system helps the FTA improve its ability to collect excise tax charged on water pipe tobacco or electrically heated cigarettes in the UAE after being imported or manufactured locally, as well as strengthening control over these products and enabling stakeholders to analyse the supply chain to better control illicit tobacco product. In addition, the DTS system allows for the implementation of compliance standards by enabling the monitoring and tracking of compliant tobacco products. Accordingly, the FTA reaffirms the need for all companies, manufacturers and suppliers of tobacco and tobacco products to comply with the system and to cooperate with the Authority to implement it accurately and effectively. The FTA explained that the DTS system facilitates inspection and control at customs outlets and local markets, in order to ban the sale of contraband products and combat commercial fraud.”

ARTICLE LINK:   Water pipe tobacco products, e-cigarettes bearing Digital Tax Stamp

“Vapers in Australia will require a prescription for liquid nicotine but Greg Hunt has quietly abandoned a plan to ban the importation of vaping devices after a Coalition revolt. On Monday the Therapeutic Goods Administration gave its final decision requiring a prescription from 1 October, warning that e-cigarettes’ benefit as a quit aid must be weighed against harm to adolescents who may take up smoking. In response, the health minister announced that proposed import restrictions that he was forced to delay in June “will not be proceeding due to the significant overlap with the TGA decision”. In a statement the TGA warned that “individuals attempting to import commercial quantities of nicotine e-cigarettes and liquid nicotine may be subject to importation and seizure of products and potential fines under existing regulation”.”

BILL TARLING — Basically Hunt had the TGA do his corrupt dirty work in order to keep people smoking, and the tobacco revenue stream coming in

ARTICLE LINK:   Greg Hunt abandons plans to ban importation of devices after Coalition revolt

“Dr Nancy Rigotti works at Massachusetts General Hospital and Harvard Medical School. She writes in the journal of the American Medical Association (AMA) that “the accumulating evidence from clinical trials suggests that e-cigarettes will likely turn out to be safe and effective tools to aid smoking cessation”. The AMA has been outspoken in its opposition to vaping. It is vital the AMA’s members are educated in facts and evidence rather than emotive bluster. Referring to the New Zealand trial, Rigotti points out that the results showed a 2% success rate for traditional NRT products in keeping smokers off tobacco – whereas vaping products achieved a success rate of 7%. Pointing to a third study, Rigotti tells AMA members that counselling alone achieved a 9.9% success quit rate after 6 months yet counselling plus vaping achieved 17.2%. The argument for vaping’s efficacy is being proven time after time. “The Cochrane review concluded that ‘moderate certainty evidence’ supports the effectiveness of nicotine-containing e-cigarettes to aid cessation when compared with non-nicotine e-cigarettes and NRT,” she adds. The success shown in studies, she argues, is probably not reflective of the real world achievements as vape products have developed to be better than the versions currently used in research. One study, she notes, had to drastically alter its methodology due to the old products they planned to use going out of stock midway through the trial.”

ARTICLE LINK:   Rigotti Tells American Docs The Truth

“The Summit had an online attendee list of over 200 people from different parts of the world including Europe, Asia and Africa and remains a neutral platform for scientists, policy makers, medical and public health professionals to come together and look at the latest developments and scientific research on smoke-free products and discuss the most effective health strategies to reduce smoking-related diseases with an aim to providing a focal point to grapple with the challenging questions posed by E-Cigarettes and novel nicotine products. Tom Sheldon concluded the first session presentations with a Christmas like wish list pleading that “I wish there wasn’t a lot of insubstantial speculative science being published on the subject. I wish journals would interrogate those studies more and press offices would stop publishing out flaky stories on the e-cigarettes subject just to get media attention. There’s too much at stake!”

ARTICLE LINK:   Scientists deliberate on E-Cigarettes as 2020 draws to an end

“From 1 October 2021, the law for consumers to import nicotine e-cigarettes and liquid nicotine will align with the law for them to buy such products domestically. Closing a gap between Commonwealth and state and territory law, the decision announced by the Therapeutic Goods Administration (the TGA) today, clarifies that consumers will require a doctor’s prescription to legally access nicotine e-cigarettes and liquid nicotine in Australia. This aligns with current domestic restrictions under State and Territory law that prohibit the supply of nicotine containing e-cigarettes in Australia without a valid medical prescription. This decision, announced by the Therapeutic Goods Administration (TGA) today, aims to prevent adolescents and young adults from taking-up nicotine e-cigarettes while allowing current smokers to access these products for smoking cessation on their doctor’s advice.”

ARTICLE LINK:   TGA confirms nicotine e-cigarette access is by prescription only

“After confirming its intentions to lower the nicotine concentration in vaping products, today the Honourable Patty Hajdu, Minister of Health, announced a public consultation on a proposal to better protect Canadians. As part of efforts to reduce the appeal of vaping products, Health Canada is proposing to lower the nicotine concentration to a maximum of 20 mg/mL and prohibit the packaging and sale of a vaping product if the nicotine concentration displayed on the package exceeds this new limit. The current limit is 66mg/mL. The 75-day public consultation will be open for comment beginning tomorrow December 19, 2020 and will close on March 4, 2021. Feedback from all Canadians will be considered in the development of the final Regulations. Health Canada is also considering to further restrict flavours in vaping products, and require the vaping industry to provide information about their vaping products, including sales, ingredients, and research and development activities.“

ARTICLE LINK:   Health Canada proposes to lower the nicotine concentration limit in vaping products