Vape Legal and Regulatory Weekly Report - September 14, 2024

Key Highlights:

1. US House of Representatives Questions FDA’s E-Cigarette Regulatory Strategy:
   Lawmakers urge the FDA to prioritize enforcement against major e-cigarette manufacturers instead of smaller retailers.

2. Minnesota Attorney General Targets Illegal E-Cigarette and Nicotine Pouch Sales:
   Brands like ZYN and GEEK BAR are under scrutiny as the state's AG demands a halt to the sale of unauthorized products.

3. Ireland to Ban Disposable Vapes and Tighten Nicotine Regulations:
   Proposed legislation would ban the sale and import of disposable vapes, while also introducing stricter controls on nicotine content and flavor marketing.

4. Australia Cracks Down on E-Cigarette Advertising, Fines Up to AUD 20 Million:
   The Therapeutic Goods Administration (TGA) is intensifying surveillance of illegal e-cigarette advertising, imposing hefty fines on violators.

5. Slovakia Passes Amendment to Tax E-Cigarettes and Nicotine Pouches:
   Starting next year, Slovakia will levy excise taxes on e-cigarette liquids and nicotine pouches, with gradual rate increases to stabilize public budgets.

6. New Zealand Prime Minister Announces Ban on Disposable Vapes and Increased Penalties:
   A new bill will prohibit the sale of disposable vapes, increase penalties for selling to minors, and introduce new restrictions around vape shop locations.

7. South Korea Investigates Nicotine-Like Substances in “Nicotine-Free” E-Cigarettes:
   The Ministry of Food and Drug Safety is probing reports of nicotine-like chemicals found in products labeled as "nicotine-free."

8. Indonesia Proposes Ban on Branding for Tobacco and E-Cigarette Packaging:
   The government’s draft regulation could prohibit the use of logos and brand names on packaging, raising concerns over constitutional and intellectual property rights violations.

Detailed Reports:

US House of Representatives Questions FDA’s Regulatory Approach:
Members of the US House of Representatives are raising concerns over the FDA’s resource allocation in regulating the e-cigarette industry. They argue that the agency should focus its enforcement efforts on larger e-cigarette manufacturers rather than smaller retailers, which often lack the resources to comply with complex regulations. The FDA has acknowledged that it faces limited resources, making comprehensive enforcement challenging.
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Minnesota AG Targets ZYN and GEEK BAR:
Minnesota Attorney General Keith Ellison has called for an immediate halt to the sale of unauthorized e-cigarette and nicotine pouch products, specifically naming brands like GEEK BAR and ZYN. Retailers who continue to sell these products may face legal consequences.
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Ireland to Ban Disposable Vapes:
The Irish government is moving to ban the sale, manufacture, and import of disposable vapes as part of the proposed Nicotine Inhaling Products Bill. The bill aims to regulate the nicotine content and the way flavors are marketed to prevent youth from becoming addicted to vaping.
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Australia Strengthens E-Cigarette Advertising Controls:
Australia's Therapeutic Goods Administration (TGA) has begun cracking down on e-cigarette advertising, especially targeting companies that illegally promote these products via social media. Companies found guilty of violations could face fines as high as AUD 20 million.
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Slovakia to Tax E-Cigarette and Nicotine Pouch Products:
The Slovakian Parliament passed a new amendment that will impose excise taxes on e-cigarette liquids and nicotine pouches starting next year. This move is part of broader fiscal measures aimed at increasing national revenues and maintaining budget stability.
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New Zealand Announces Ban on Disposable Vapes:
The New Zealand government has introduced a new bill that bans the sale of disposable vapes and increases fines for selling e-cigarettes to minors. The bill also places restrictions on vape store locations, including a ban on stores near schools.
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South Korea Investigates “Nicotine-Free” Vapes:
South Korea's Ministry of Food and Drug Safety is investigating reports that some products labeled as "nicotine-free" actually contain nicotine-like substances. Consumers are urged to avoid using these products until the investigation is complete.
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Indonesia Proposes Packaging Regulation:
Indonesia's government is drafting a regulation that would ban the use of logos and brand names on tobacco and e-cigarette packaging. Legal experts warn that this could violate constitutional rights and intellectual property laws, potentially harming consumers.
Learn more