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NOTE: This is a sponsored press release written by FRESOR. The views and opinions expressed in this post are those of the authors and do not necessarily reflect the views and opinions of Vaping360. Las Vegas, USA, January 31, 2024, — FRESOR, a leading vaping technology platform, has unveiled FRESOR NOVA Technology and its latest creation, FRESOR N10000, for the first time at the TPE in Las Vegas. This event marked the global debut of the first big-capacity transparent disposable vape, rapidly drawing widespread attention and earning unanimous praise from clients and attendees. Prior to this, consumers of large disposable vape devices have faced uncertainty about the remaining e-liquid levels, detracting from the overall satisfaction of their vaping experience. FRESOR’s innovation introduces a transparent e-liquid tank that provides users with a clear view of the 12ml liquid volume, addressing this longstanding pain point and transforming the vaping landscape. World’s First Visible Big-Capacity Disposable Seeing is believing: The large visual e-liquid window allows users to see the actual 12ml of e-liquid and easily monitor the remaining e-liquid level at a glance. Zero Waste, More Puffs: Powered by Fresor Nova technology, the smaller flat mesh coil ensures full atomization of e-liquid, resulting in zero residue waste and a remarkable 42% increase in puff counts. Pure Taste Till the Last Puff: Natural cotton material guarantees a pure and smooth vaping experience, with an automated manufacturing process ensuring consistency and high-quality standards. FRESOR NOVA Technology Originally designed for small volume products, FRESOR NOVA technology has been significantly upgraded, expanding capacity from 2ml to 12ml and even 15ml. This breakthrough ensures that big volume devices can now have the unique selling point of crystal e-liquid tank, solving the user’s anxiety for the remaining e-liquid, while also delivering a visually enhanced consumer’s vaping experience. In addition to the introduction of FRESOR NOVA technology and the groundbreaking FRESOR N10000, FRESOR has presented FRESOR MAX family of products, including the FRESOR MAX B12000—the world’s first vertical wireless charging vape, and the FRESOR MAX B11000, featuring a boost mode for enhanced vaping performance. At the launch event, Technical Director, Kevin, emphasized FRESOR’s strong commitment to technological breakthroughs and innovation. He stated that the company is dedicated to continuously addressing consumer pain points and providing cutting-edge technological solutions to enhance the user vaping experience. About FRESOR Born in 2022 as the leading vaping technology platform of ALD Group Limited, FRESOR currently offers two vaping solutions: FRESOR Nova and FRESOR Max. Contact: Email: fresortech@aldgroup.com Website: www.fresortech.com The post Press Release: FRESOR Unveiled World’s First Visible Big Disposable Vape at TPE24 Las Vegas appeared first on Vaping360. View the original article

NOTE: This is a sponsored press release written by FEELM. The views and opinions expressed in this post are those of the authors and do not necessarily reflect the views and opinions of Vaping360. Feb. 01, 2024 – FEELM, the world’s leading vape solution provider, announced the launch of the world’s first burst power ceramic coil vape solution – FEELM TURBO. This solution leverages cutting-edge ceramic coil technology to deliver an explosion of flavor for consumers. Like none others, it can deliver intense flavors, powerful vapor in the shortest time, and enduringly long product life. Compared to other high powered vapes, products equipped with FEELM TURBO have smaller sizes yet delivers even higher burst of vapor. This technology is also perfectly adapted to the two major vape categories, the disposables and the pod-system, suitable for customers to create differentiated products to seize the market. Full blast in 0.5 sec! Enjoy the best in every puff What is the good quality of high burst power? In FEELM’s view, it must offer three key elements: a short time to full burst, significant vapor volume, and a powerful, impactful impression that resonates with the users. FEELM, a leader in ceramic coil technology, has dedicated their expertise to developing a dedicated burst power ceramic coil solution. Despite its small size, this technological marvel can deliver a staggering 200% improvement in taste intensity. It efficiently atomizes large molecules while enhancing e-liquid aroma recover, resulting in a richer and more satisfying hit. With a burst time of just 0.5 seconds, it outperforms mainstream products on the market by strides. Tests show just one of the burst power ceramic coil performs more than on par with dual MESH coils. At this year’s TPE exhibition, FEELM showcased an ultra-thin burst power disposable product featuring this innovative solution. With a body thickness of only 14mm, the product impressed consumers with its elegant thinness, excellent feel, and powerful first puff. It truly lives up to its name: “thin yet powerful!” The FEELM TURBO solution, powered by this groundbreaking coil, marks another breakthrough for FEELM. This highly efficient atomization technology delivers significantly more vapor at lower power setting. Compared to dual MESH products on the market FEELM TURBO sees an 80% increase in performance, offering a richer flavor experience. Furthermore, FEELM TURBO boasts the constant power engine technology, which ensures consistent flavor and vapor volume through the product’s lifespan. Users can enjoy the same satisfying taste with every puff, unlike mainstream products where flavor often fade to bland. Compared to the competitors, FEELM TURBO products demonstrate a 35% improvement in flavor consistency and a remarkable 95% consistency in the vapor volume. Forget the chemical fiber, reach new heights Compared to chemically treated cotton-based coils, ceramic coils have a significant advantage in terms of puff count. This is because cotton fibers naturally absorb and eat up e-liquid, while ceramic pores can firmly lock in e-liquid to fully vaporize, greatly improving vaporization efficiency. In 2022, FEELM launched the world’s first ceramic coil disposable solution, FEELM Max. It achieved a major breakthrough in terms of puff count, a great importance for the TPD market. With the same 2mL of e-liquid, products equipped with FEELM Max can increase the puff count by at least 30% compared to other cotton-based products. A market that had once hit the ceiling of 600 puffs was then able to breakthrough to 800 puffs, and was well on its way to the target of 1,000 puffs. FEELM TURBO brings with it the distinctive advantage of ceramic coils. In TURBO the e-liquid utilization reaches 98%, continuing to increase puff count. Where cotton-based products can reach 15,000 puffs, the same amount of e-liquid in products of FEELM TURBO solution can reach more than 18,000 puffs. The FEELM TURBO is perfectly suitable for pod-system vapes to reach 15,000 puffs per pod. In addition, the solution utilizes maze leak-proof technology, isolating the e-liquid to solve leakage. A problem that has been with the industry since the beginning. Lastly, this solution is able to support multiple modes of use. Those that like to experience an intense burst power vapor can choose the ‘Burst’ mode. Those that like to experience a more general smoother vapor can choose the ‘Smooth” mode. Giving the options for consumers to switch at will and experience whatever their mood says. The post Press Release: 0.5 Sec to Feel the Burst of Flavors! FEELM Introduces the World’s First Burst Power Ceramic Coil appeared first on Vaping360. View the original article

A new kind of restrictive vape product law is rapidly gaining traction in state legislatures. So far this year, over a dozen so-called PMTA registry (or directory) bills have been introduced. The bills are promoted to state lawmakers by tobacco companies seeking to protect themselves from competition. The new bills follow the same outline as laws passed over the last two years in Oklahoma, Louisiana and Alabama. A state establishes a registry (or directory) of products that may legally be sold in that state, which is maintained by a state agency. Manufacturers, distributors or sellers of products who want to add them to the registry must attest under penalty of perjury that the products are either authorized for sale by an FDA marketing granted order (MGO), or are still undergoing review by the agency. There is typically a one-time or recurring fee for each product registered, and the products are listed on a public website. Because relatively few popular vape shop products meet all the requirements of a PMTA registry law, the laws create a huge advantage for tobacco companies (and one major independent vape manufacturer) that do have qualifying products. They also make it simple for law enforcement to target vape shops, which usually don’t sell tobacco industry vape products. The bills provide an easy way for lawmakers to tell constituents—who may be frightened by ongoing news stories about a youth vaping “epidemic”—that they’ve done something to stem the vaping tide and protect kids. In reality, the laws will create a real black market where unregulated, untaxed products are sold on social media and shady websites to anyone with money to pay. Which states are considering PMTA registry bills? Here is a list of states with introduced PMTA registry bills. Some are brand new, and some have already advanced to hearings and pose an immediate danger to vaping consumers and businesses in their state. We have included links to the bills themselves (if there are separate house and senate bills, usually there is just one link), and a second link if the Consumer Advocates for Smoke-free Alternatives Association (CASAA) has issued a call to action for state residents. CASAA usually issues a call to action when a bill is rapidly gaining interest among legislators, committee hearings have been scheduled, or hearings are expected soon. In other words, if CASAA has issued a call to action, the bill is a serious and immediate threat and responses from vaping and nicotine consumers are needed right away to convince legislators to oppose the registry bill. CASAA CEO Alex Clark on the “existential threat” from state PMTA Registry bills. Watch the full video at https://t.co/HTfrDcsIZM #vaping #advocate #quitsmokingnow pic.twitter.com/4ZkwuQMCzD — CASAA (@CASAAmedia) January 31, 2024 Remember, just because a bill hasn’t yet gotten a call to action doesn’t mean it won’t start moving any day. And if your state isn’t currently facing a threat, one could pop up at any time. If you join CASAA (which is free), you’ll be notified about calls to action in your state when they happen. You can see all active CASAA calls to action on this page, below the map. Arizona – Bill SB 1212 – CASAA Call to Action Florida – Bills H 1007 / S 1006 – CASAA Call to Action Hawaii – Bills SB 3385 / HB 2794 Indiana – Bill SB 227 – CASAA Call to Action Iowa – Bill SB 3101 – CASAA Call to Action Missouri – Bill HB 2211 Nebraska – Bill LB 1296 – CASAA Call to Action New Hampshire – Bill HB 1591 – doesn’t establish a registry, but bans sales of products without a PMTA or proof of pending FDA review New York – Bill A 3404 Oklahoma – Bill HB 3971 – amends existing PMTA registry law to strengthen penalties South Carolina – Bill S 994 – CASAA Call to Action South Dakota – Bill SB 116 – CASAA Call to Action Vermont – Bill HB 729 (Urgent: Vermont is currently holding hearings for bill S 18, which would ban the sale of all flavored vapes, nicotine pouches and smokeless tobacco. There is an active CASAA call to action for this flavor ban bill.) Virginia – Bills HB 1069 / SB 550 – CASAA Call to Action Washington State – Bill SB 6118 – CASAA Call to Action West Virginia – Bills SB 545 / HB 5038 Other bills CASAA has issued calls to action for several other bills in various states that are not PMTA registry bills. If you live in these states, please take action: Hawaii – HB 1778: flavor ban and preemption repeal – CASAA Call to Action Michigan – multiple bills: flavor ban, 57 percent tax – CASAA Call to Action Rhode Island – H 7225: 80% wholesale tax – CASAA Call to Action Vermont – S 18: flavor ban – information noted above Why does Big Tobacco favor PMTA registries? The FDA has so far authorized just seven e-liquid-based vaping devices (six of which are still being sold), and a handful of tobacco-flavored refill cartridges or pods. All are made by subsidiaries of three major tobacco companies. The FDA is still reviewing premarket tobacco applications (PMTAs) for many other products, including Juul Labs’ JUUL device and R.J. Reynolds’ Vuse Alto, the most popular convenience store vape. PMTAs for nicotine pouches, including brands sold by Reynolds, Altria Group and Philip Morris International, are also still under review. The products named above would all be exempted from enforcement in states with PMTA registry laws. But nearly all other popular products would be illegal to sell—including most disposable vapes and bottled e-liquid. PMTA registry laws make vape shops instant targets for law enforcement, which is a goal of the tobacco companies seeking to protect their inferior vape products from competition. #AGsFlavorBan#FloridaVapeBan#BigTobaccoVapeBill@AGAshleyMoody @Fl9Perry @TobyOverdorf pic.twitter.com/lrF5HPjFlo — Nick O (@Nickotvd) January 30, 2024 Aside from product eligibility, many small vape manufacturers and sellers simply don’t have the money and manpower to register hundreds or thousands of products in multiple states. But for the tobacco companies—with small product selections, office buildings full of employees, and billions of dollars in the bank—maintaining PMTA registry listings in a minor business detail. That’s why CASAA refers to vape registry laws as “big tobacco protection acts.” Vuse manufacturer R.J. Reynolds is known to be actively promoting the introduction and passage of PMTA registry laws. It isn’t certain if other big tobacco companies (or Juul) are actively lobbying for the entire batch of current PMTA registry bills, but according to vape industry advocate Nick Orlando, both Altria and Juul Labs have expressed support for the Florida registry bill. Reynolds, which is now owned by British American Tobacco, has a long history of throwing its weight around to disrupt independent vaping manufacturers and sellers. Before the FDA finalized its Deeming Rule, granting itself regulatory authority over vaping products, Reynolds urged the agency to ban open-system (refillable) vapes, and to classify vape shops as tobacco manufacturers. In the last year, Reynolds and BAT have taken multiple actions to promote restrictions and bans on disposable vapes, which are now collectively Reynolds’ biggest convenience store vape competitors. The post PMTA Registry Bills Threaten Vaping Freedom in Multiple States appeared first on Vaping360. View the original article

NOTE: This is a sponsored press release written by FEELM. The views and opinions expressed in this post are those of the authors and do not necessarily reflect the views and opinions of Vaping360. 2024 January 31st, FEELM, a leading provider of closed-system vape solutions, released the world’s first charge-free disposable technology solution for large-puffs, POWER ALPHA 2.0. It is the world’s first charge-free solution for over 15,000 puffs, effectively solving the problem of needing repeated charging in the large puffs vapes popular on the market. Previous reports of the original POWER ALPHA technology can only support 6,000 puffs without charging. This upgrade now breaks through more than doubles to 15,000 puffs. In addition, it also effectively cracked the problem of decaying tastes in cotton mesh coils, realizing consistently true flavors in every puff. Patented battery technology, charge-free large-puffs With the global economy under stress, consumers are pursuing more cost-effective products, and the demand for large-puffs products is projected to continue to grow. Research shows that consumers are fast approaching the cut-off line at 10,000 puffs as the minimum puff counts for the disposable products. The transition from a small-puffs to large-puffs has brought about an upgrade in the consumer experience and cost-effectiveness, but has brought with it its own problems. Problems such as, the hassle to find charging ports or the lack of portability of the product, leaving some products not being fully utilized before it is disposed. For example, a 10,000 puffs disposable vape if used in high frequency may require charging every half day, and a total of charge of 3-5 times throughout its lifetime. This means a consumer may be inconvenienced with needing carrying a charging line or pushed to purchase a new one if no charging solution is available. To tackle this issue, FEELM started developing the charge-free battery technology that can empower large-puffs vapes as early as 2022. The work paid off in 2023 when it was revealed as the innovative technology, POWER ALPHA. Back then, it was able to support 6,000 puffs without charging. This time, with the rapidly increasing in the number of puffs in disposable products, FEELM has once again taken the lead by launching POWER ALPHA 2.0, a charge-free disposable solution for more than 15,000 puffs. POWER ALPHA2.0 is equipped with the world’s first “TOPOWER” technology. Relying on this technology, the energy density of POWER ALPHA2.0’s battery cells is 40% higher than those other products of the same size, making POWER ALPHA2.0’s battery cells 40% smaller than those other products with the same amount of power. The extremely low self-discharge rate is another addition to benefits. A 700% lower self-discharge rate compared others on the market, which can lead to a longer shelf life and better support customers’ global market rollout. Unique MESH constant power solution, best taste in every puff Consumers are accustomed to the issue that large-puffs is accompanied by the fading quality of flavors as use continued. Professional diagnostics reveal that the fading of flavor is due to the draining of battery power, the longer it is used with cotton coils. This is where POWER ALPHA 2.0 has another major breakthrough. It comes with a unique MESH constant power solution, leading to a taste that is 300% more consistent than other products on the market. With the substantial increase in the vapor volume and atomization efficiency, POWER ALPHA2.0 supports the ability to fully vaporize the e-liquids for richer and fuller flavors. Each puff stays intense and each draw experiencing the best flavor possible. Experiment data shows that the POWER ALPHA2.0 solution’s atomization efficiency has increased by 200% along with an increased vapor volume of 49% compared to similar products from competitors. The numbers show a very evident advantage. Innovative product experience, smart interactive technology There has been a global trend for the disposable market. Smarter product is the rage, and it swept the market with interactive screen display and apps. In addition to meeting people’s daily taste and flavor experience needs, the disposable vapes are becoming more and more aligned with electronic consumer products, becoming smarter through interactive technology. FEELM has always been committed to technological innovation and product upgrades to refresh the consumer experience, consistently bringing leading products to the global market. Previously, in the European market, FEELM took the lead in launching the world’s first ceramic core disposable solution, FEELM Max. It brings consumers another type of experience, a softer and more delicate taste in vape. Along with it, a transparent e-liquid container for consumers to keep track of the usage at any time. Solving the consumer anxiety of not knowing how much e-liquid is left that plagued the European market at the time. Along with it all, POWER ALPHA 2.0 brings with it a series of screen display solutions. Visitors at the TPE can see the unique long runway strip display, displaying in real-time the e-liquid level after vaping it. The FEELM staff on-site introduced that FEELM has prepared a series of intelligent display options, including curved screen, touch screen, and more. Different solutions for different customer needs for interactive technology. The post Press Release: POWER ALPHA 2.0, The First Ever Charge-Free 15,000+ Puffs Vape Solution by FEELM appeared first on Vaping360. View the original article

The FDA has charged 21 small retail stores with selling unauthorized disposable vapes, and will seek to punish them with the maximum fines allowed by law. Most of the businesses are convenience stores and gas stations. The stores are charged with selling Esco Bar disposables, which have not been authorized for sale by the FDA. The agency says all 21 stores were previously warned for selling unauthorized products and will now face escalating consequences. The agency is seeking the largest civil money penalties (CMPs) allowed by law for a single violation. The Food, Drug, & Cosmetic Act (of which the Tobacco Control Act is a part) provides for a maximum CMP of $20,678 for each violation relating to tobacco products. “These retailers were duly warned of what could happen if they continued selling these unauthorized e-cigarettes,” said FDA Center for Tobacco Products Director Brian King in a press release. “They should have acted responsibly to correct the violations, but they chose not to do so and now must face the consequences of that decision. FDA won’t sit back and tolerate inaction to comply with the law.” Esco Bar retailers and distributors have been targeted multiple times with FDA warning letters. Last May, the agency ordered its import inspectors to detain shipments of Esco Bar arriving at U.S. ports. A week later, the manufacturer of Esco Bar vapes was ordered to remove the products from the U.S. market. Businesses continue to distribute and sell products like Esco Bar disposables—despite concerns over FDA punishment—for a simple reason: customers want them. An estimated 10-15 million Americans use nicotine vapor products, and just a tiny percentage use the handful of low-powered, tobacco-flavored vapes authorized by the FDA. If the stores cited today had sold combustible cigarettes to their adult customers, they would have faced no FDA penalties. The post FDA Targets 21 Esco Bar Retailers with $20,000 Fines appeared first on Vaping360. View the original article

NOTE: This is a sponsored press release written by Innokin. The views and opinions expressed in this post are those of the authors and do not necessarily reflect the views and opinions of Vaping360. In light of the growing concerns surrounding the environmental impact of disposable vapes, Innokin is stepping up efforts to ensure a more sustainable future in vaping. With the introduction of its Trine innovation, Innokin is at the forefront of aligning with initiatives in European regions aimed at protecting the health of young people and tackling the environmental challenges posed by disposable vapes. The Environment Secretary of the UK, Steve Barclay, pointed out that disposable vapes contribute to a significant and steadily increasing stream of hard-to-recycle waste, with nearly 5 million of these products being discarded every week. Innokin recognizes the gravity of this issue and is committed to offering a sustainable alternative. Innokin’s Trine represents a revolutionary approach to vaping devices with its unique 3-in-1 structure. It moves away from the traditional disposable model and incorporates innovative features that enhance sustainability. This new design focuses on easy recycling and longer device life cycles, which are key elements in reducing the environmental impact of vaping devices. First, the Trine’s design notably includes a removable battery, facilitating easy recycling and reducing electronic waste. This feature allows for the battery to be easily replaced or recycled, much like regular external batteries, thus minimizing the device’s environmental footprint. Moreover, the remarkable battery endurance of the Trine solution leads to an enhanced lifespan. Each battery supports over 300 full charge cycles while maintaining more than 80% of its original capacity. This translates to a lifespan of up to two years under normal usage conditions, in stark contrast to disposable alternatives that contribute to the rapid accumulation of electronic waste. According to the NHS an average smoker in the UK smokes 16 packs of cigarette per month, and a UK standard disposable vape delivers a similar amount of nicotine to 20 cigarettes. Thus, an average smoker throws away 192 disposable batteries each year, when they switch from smoking to vaping using disposables. In contrast, if a smoker uses Trine, they can save as many as 383 Li-on batteries every two years. Additionally, the Trine solution incorporates cutting-edge EcoDrain™ technology, the vaping industry’s first eco-safe battery recycling solution. This innovative technology actively addresses the challenges associated with handling discarded batteries, ensuring their safe and efficient discharge before recycling. This results in improved sustainability of vaporizers. Innokin’s forward-thinking approach also aligns with the upcoming EU battery regulation, which mandates that all battery-powered devices, including e-cigarettes, must feature batteries that are removable and replaceable by the end user. Trine by INNOKIN Innokin has exciting plans for March when they are set to launch a new product that utilizes the Trine solution. This eagerly awaited release represents a significant milestone in their commitment to sustainability and innovation, promising consumers a greener and more eco-friendly vaping experience. For more detailed information about Innokin’s Trine solution and their approach to sustainability, you can visit https://innokin.com. The post Press Release: Innokin’s Green Leap, Introducing Trine with Recyclable Batteries for Eco-Friendly Vaping appeared first on Vaping360. View the original article

The British government intends to reverse course from a decade of progressive vaping policy and micromanage the vape market with new product restrictions. The government also plans to carry out its previously announced “smokefree generation” plan to ban cigarette sales to anyone born on or after Jan. 1, 2009. Prime Minister Rishi Sunak announced today the government’s intention to ban disposable vapes, restrict e-liquid flavors, impose “plain packaging” rules, and limit how products can be displayed in stores. The government also plans to include nicotine-free vape products in its vaping regulations. “As Prime Minister,” Sunak said in a press release, “I have an obligation to do what I think is the right thing for our country in the long term. That is why I am taking bold action to ban disposable vapes—which have driven the rise in youth vaping—and bring forward new powers to restrict vape flavours, introduce plain packaging and change how vapes are displayed in shops.” The proposed ban on disposable vapes might seem like a straightforward solution to curbing the rise in youth vaping, but there are significant challenges to making a ban work. These products are widely used – and not just by young people who never smoked.https://t.co/JVn1RrHELF — Sarah Jackson (@DrSarahEJackson) January 29, 2024 A Cancer Research UK-funded study published last week by researchers from University College London found that a disposable vape ban would affect 2.6 million adults, and “could have substantial unintended consequences for people who smoke.” A disposable ban is also opposed by the largest British anti-smoking organization, Action on Smoking and Health (ASH). The proposed actions will be included in new legislation that will require approval from the UK Parliament, which means consumers and businesses can contact their Members of Parliament now to express opposition. Scotland and Wales will also introduce legislation to ban disposable vapes. The government’s plan is to vote on the smokefree generation proposal first, and then introduce a separate bill that would include the vaping product restrictions, which will be subject to further consultation. The government also reportedly intends to tax vaping products for the first time. The vape tax, according to news reports, will be announced when the government’s budget is released March 6. Research shows that taxes on vaping products lead to increased cigarette sales. “The solution to the problem of children illegally buying often illegal vapes… is to enforce the laws that already exist.” Our @cjsnowdon on @LBCNews this morning discussing the disposable vapes ban pic.twitter.com/yfW4zv5XvI — IEA (@iealondon) January 29, 2024 The policy changes were presented as a response to an increase in youth vaping, which anti-vaping interests have blamed on disposable products and flavors that have been popular among adult vapers for well over a decade. News reports indicate the government could move to ban flavors other than tobacco, menthol, mint and “fruit.” Sunak’s government has itself adopted the language of prohibitionist tobacco control organizations, citing concerns over “child-appealing” packaging, and flavors “which are specifically marketed at children.” “It is important to recognize that fruit, dessert and candy flavours are the most popular category among adult vapers, with more than half of all vapers choosing them,” wrote consumer advocacy group the New Nicotine Alliance (NNA) in a response to the government announcement. “Removing these flavours will weaken the appeal of vapes for smokers considering switching, while enforcing plain packaging will cement the already widespread incorrect assumption amongst the public that vaping is as or more harmful than smoking.” The post UK Plan: Ban Disposables, Restrict Flavors, Require Plain Packages appeared first on Vaping360. View the original article

Nicotine pouches—and specifically Zyn-brand pouches—went viral this week, thanks to Senate Majority Leader Chuck Schumer’s call for government action to prevent a Juul-like “epidemic” of teen use. Schumer, a Democrat from New York, has been a longtime foe of nicotine and tobacco. “It comes in a whole lot of flavors,” Schumer said in a press conference last Sunday. “Smooth, spearmint, citrus, cinnamon, chilled. It’s dangerous.” Schumer urged the Federal Trade Commission and FDA to investigate Zyn and other nicotine pouches “It’s a pouch packed with problems—high levels of nicotine,” Schumer said in a press conference last Sunday. “So today, I’m delivering a warning to parents, because these nicotine pouches seem to lock their sights on young kids—teenagers, and even lower—and then use the social media to hook ’em.” But few teenagers use nicotine pouches. Results from the 2023 National Youth Tobacco Survey showed just 1.5 percent of middle and high school students used a nicotine pouch at least once in the past 30 days. Far fewer used pouches regularly—and those results are for the entire product category, not just Zyn. . Zyn is the top-selling nicotine pouch Nicotine pouches are consumer oral nicotine products. They consist of porous fiber bags filled with cellulose or other food-grade fillers, flavorings, and varying levels of nicotine. They were modeled after Swedish portion snus, but contain no tobacco. Zyn pouches are available only in relatively low 3- and 6-milligram nicotine strengths—similar to the levels used in nicotine gum and lozenges sold over the counter as nicotine replacement therapy (NRT). Manufactured by Swedish snus industry leader Swedish Match, Zyn was launched nationally in the United States in 2019, after several years of regional test-marketing. Zyn has been so successful—dominating the “modern oral product” segment of the U.S. tobacco and nicotine market—that tobacco giant Philip Morris International bought Swedish Match in 2022. Among Zyn’s competitors in the category are the On!, Velo and Rogue brands. The Zynsurrection: coming to a social media app near you Schumer’s anti-Zyn tirade led to a white-hot social media backlash, especially among Republican and conservative politicians and observers. “Big Brother Schumer doesn’t want us to chew or smoke,” North Carolina Representative Richard Hudson wrote in an X/Twitter post. “Now he’s against an alternative that’s helped many quit. Come and take it!” Hudson is chair of the National Republican Congressional Committee. According to political reporter Dave Weigel, oral nicotine products and Zyn in particular have been adopted by many in conservative circles as a cognitive enhancer. (Nicotine is a proven memory- and focus-enhancing drug.) Former Fox News host and right wing star Tucker Carlson, Weigel says, is famous for his Zyn boosterism. I’m just happy to be here for the #Zynsurrection pic.twitter.com/Yh8wyA5T11 — GrimmGreen (@GrimmGreen) January 25, 2024 “Democrats, who generally try to avoid conservative media influencers, might not have known how popular ZYN had become in that space,” wrote Weigel. “There, it’s seen not as a vice, but as a work-enhancer—addictive, but well worth the trade-off. It fits in with a broader class of medically questionable supplements, dietary fads, and brain-boosters that have become tightly associated with right-wing and wellness podcasts in recent years.” Some conservative groups have been invaluable allies to vaping advocates for the last decade. Americans for Tax Reform, for example, did yeoman’s work convincing the Trump administration to drop a flavored vape ban after it had already been announced and backed by the President. Pretty hard to say the meme culture around Zyn is proof the manufacturer is targeting children when 56-year-old members of Congress are finding them entertaining. https://t.co/gKcL6Octud — Gregory Conley (@GregTHR) January 25, 2024 Not all defenders of Zyn were Republicans though. Democratic Pennsylvania Sen. John Fetterman, a longtime marijuana legalization advocate, told reporters that he wouldn’t support a Zyn ban, even one pushed by Democratic Senate leader Schumer. “When I am going to have a decision,” said Fetterman, “I’m going to err on the side of more freedom and personal choices and those kinds of things. And I made that same argument when I wanted to legalize marijuana.” Zyn is already prohibited in two states; more bans could be on the way Schumer’s call for FDA investigation is unnecessary, since the agency is already evaluating premarket tobacco applications (PMTAs) from Swedish Match and other nicotine pouch manufacturers. But the Senate Leader’s speech may have been intended to tip the scales against FDA authorization for Zyn. Other members of Congress—notably Illinois Sen. Dick Durbin—have used their congressional pulpits to successfully demand FDA action against Juul Labs and other vaping manufacturers. Tobacco control groups, now intent on ridding the world of nicotine in any form, have recently set their sights on Zyn and other nicotine pouches. Even though pouches don’t contain any substance not also found in similar quantities in FDA-approved nicotine gum, anti-nicotine activists feel justified in calling for taxes, restrictions and bans. Here comes the gaslighting. @NYMag writer claims, “No one is really coming for Zyn.” A nicotine flavor ban passed the House in 2020. Flavor ban bills are moving in Michigan and Vermont. California + Massachusetts already ban flavors. They are, in fact, coming for Zyn. pic.twitter.com/JzBklLtdNv — Guy Bentley (@gbentley1) January 26, 2024 “Truth Initiative strongly urges the FDA to remove all unauthorized oral nicotine products from the market, and to accelerate their work to eliminate all flavors from tobacco products,” says a December 2023 Truth Initiative tract. “To help prevent young people from starting to use these products, restrictions that curb exposure to the marketing of these products should also be implemented.” Whether the FDA will follow the wishes of its friends in tobacco control and refuse to authorize nicotine pouches in any flavors that consumers want—as it has with vaping products—those same pressure groups are promoting state and local laws that ban flavored nicotine products like vapes and pouches. Massachusetts and California have already prohibited sales of consumer oral nicotine products in flavors other than tobacco, and several other states are currently considering similar proposals. As you read this, Chuck Schumer may have found a new moral outrage Chuck Schumer was an early locus of the Juul moral panic, calling for severe FDA sanctions on the company in 2017, and continuing to amplify tobacco control talking points in the years-long attack on vaping coordinated by the Campaign for Tobacco-Free Kids. But Schumer hasn’t restricted his faux moral outrage to nicotine products. Schumer has demanded action on yoga mat chemicals, 3D-printed guns, laundry detergent, laser pointers, energy drinks, bitcoin, drones, high-frequency stock trading, cereal prices, home-made bombs, video games, cadmium in children’s jewelry, and much more. “No issue,” wrote Reason editor Nick Gillespie in 2015, “is too stupid or inconsequential for Schumer to weigh in on, inevitably calling for a ban or regulation that serves no other possible purpose than to shine a light on the glory and grandeur of Chuck Schumer.” The post Sen. Schumer Attacks Nicotine Pouches; Zyn Users Hit Back appeared first on Vaping360. View the original article

The Ohio State Senate voted today to override Governor Mike DeWine’s veto of legislation that would prevent local governments from banning flavored vapes and tobacco, and imposing other local standards that exceed state restrictions. The 24-8 senate vote came weeks after the State House voted 60-31 to override the veto. Gov. DeWine had used his line-item veto power to block the preemption language, which was included in the state budget bill passed last July. The flavor ban preemption bill will become law in 90 days, according to the Columbus Dispatch. The veto override will end the ban on flavored nicotine products passed by the city of Columbus (which took effect on Jan. 1.) It was the 2022 passage of that law that prompted Republicans in the state legislature to propose a law that would prevent cities and other municipalities from setting their own tobacco products standards. According to the Consumer Advocates for Smoke-free Alternatives Association (CASAA), 26 Ohio municipalities have enacted or considered local flavor ban ordinances in the last 18 months. Those laws will now be blocked, along with the Columbus flavor ban and a 2019 Toledo ordinance that bans the sale of flavored prefilled pods and cartridges. In January 2023, DeWine vetoed a similar preemption law that was passed in December 2022. But because the governor issued his veto after the state legislature had ended its session, lawmakers were prevented from overriding the veto. DeWine, himself a Republican, is a strong supporter of restrictions on vaping products, and has backed efforts to pass a statewide ban on flavored vapes. The post Ohio State Senate Votes to Block Local Flavored Vape Bans appeared first on Vaping360. View the original article

NOTE: This is a sponsored press release written by VAPORESSO. The views and opinions expressed in this post are those of the authors and do not necessarily reflect the views and opinions of Vaping360. VAPORESSO, a leading innovator in the vaping industry, is excited to announce its participation in the upcoming Total Product Expo (TPE24), a highly anticipated premier B2B trade show scheduled to take place in Las Vegas from January 31st to February 2nd. Under the banner “Innovation Together,” this event will signify the inaugural collaboration between VAPORESSO and SMOORE ODM+, a fresh venture from SMOORE, the global leader in atomization technology solutions. At the upcoming expo, VAPORESSO will be presenting four of its most popular product series, namely XROS, LUXE, ECO and ARMOUR. Notably, the XROS PRO is a standout product, being the first pod system to feature the AXON Super Pulse solution in the industry. This pioneering and innovative feature guarantees that the product delivers a stable and robust output, irrespective of the battery level, thereby preventing any deterioration in taste due to low power. The XROS PRO is the first product in the XROS series to feature a screen, allowing users to easily monitor the battery level, puff count, and output mode. This product also boasts a variety of user-friendly designs. It supports three output modes – eco，normal，power – which can be conveniently selected via button operation. The side slide lock key enables users to secure the power mode while continuing to vape. Equipped with a large 1200mAh battery that can be fully charged in just 35 minutes through 2A fast charging, the XROS PRO provides extended battery life and is compatible with the XROS series of pods. This year, for the first time, SMOORE ODM+ will showcase its solutions at the joint booth with VAPORESSO. Backed by the manufacturing capabilities of SMOORE and combined with VAPORESSO’s marketing prowess, SMOORE ODM+ focuses on product-centric, technology-driven solutions to help customers achieve end-to-end business success. SMOORE ODM+’s unique business model, which includes systematic large-scale marketing, leading product creation capabilities, flexible production delivery, and diverse cooperation models, provides customers with higher value and competitive advantages. SMOORE ODM+ tailors its cooperation model to each customer’s capabilities, ensuring that whether they are strategic partners or investors, they can achieve further business success with SMOORE ODM+. The joint exhibition of VAPORESSO and SMOORE ODM+ will bring unique innovations and surprises to both end users and business partners. For more details about the latest trends in industry products, technology, and services brought by the collaboration of VAPORESSO and SMOORE ODM+, please visit booth 16007 during the TPE24 at Las Vegas Convention Center. The post Press Release: VAPORESSO and SMOORE ODM+ Join Forces for the First Time at Las Vegas Total Product Expo appeared first on Vaping360. View the original article

A lawsuit by Altria Group vape subsidiary NJOY against dozens of manufacturers, distributors and retailers of disposable vapes has been dismissed by a U.S. District Court in California. The court did not dismiss the case against Elf Bar manufacturer IMiracle. The lawsuit, filed last October, charged the companies with selling products illegal in California and the United States, and asked for a nationwide injunction that would prevent future importation and sale of the products, and compensatory and punitive damages paid to NJOY. Among the companies charged were manufacturers and distributors of Breeze, Elf Bar, Esco Bar, Flum, Juice Box, Lava Plus, Loon, Lost Mary, Mr. Fog and Puff Bar—brands that together make up a large portion of the U.S. disposable vape market. The dismissal order was entered on Jan. 18 by Judge Terry J. Hatter Jr. of the U.S. District Court for the Central District of California. The court found that the defendants did not participate in “the same transaction, occurrence, or series of transactions or occurrences,” and therefore were improperly joined in the lawsuit. Because of that, Judge Hatter dropped all parties from the suit except the first named defendant, IMiracle. NJOY, once known as an independent vaping industry pioneer, is now the vape subsidiary of Altria Group, the U.S. manufacturer of Marlboro cigarettes. The judge entered his orders “without prejudice,” meaning that NJOY could refile against the dismissed defendants individually or perhaps in smaller groups with demonstrable relationships. The court also dismissed NJOY’s claim of unfair competition and its motion for a preliminary injunction barring sales and distribution by the defendants. Regarding Elf Bar manufacturer IMiracle, which is headquartered in Hong Kong, the court denied NJOY’s motion to serve the company by email, noting there is an established international process (the Hague Convention) for serving legal notice to foreign defendants. That leaves NJOY’s action against IMiracle alive, but unable to proceed until the Chinese manufacturer is formally served notice of the lawsuit. NJOY, once known as an independent vaping industry pioneer, is now the vape subsidiary of Altria Group, the U.S. manufacturer of Marlboro cigarettes. Altria bought NJOY last year for $2.75 billion, after giving up its 35 percent share of Juul Labs. NJOY sells two of the six currently available FDA-authorized vape devices. The post Judge Dismisses Most of NJOY/Altria Lawsuit Against Disposable Sellers appeared first on Vaping360. View the original article

The FDA today issued a marketing denial order (MDO) for the tobacco-flavored Bidi Stick-Classic disposable vape. The decision comes while the agency continues a court-ordered second review of marketing applications for flavored Bidi Vapor products. According to an FDA press release, Bidi’s premarket tobacco application (PMTA) “did not demonstrate an overall net benefit to people who use tobacco products and lacked sufficient evidence to address health risks.” Bidi submitted PMTAs for multiple disposable vapes in 2020, and received MDOs for its flavored products in September 2021. Bidi immediately appealed the denial to the Eleventh Circuit Court, and in August 2022 the court ruled for Bidi (and five other vape manufacturers), ordering the FDA to re-review the denied Bidi PMTAs. Bidi’s flavored products remain under FDA review. Previous FDA denials of tobacco-flavored closed-system products haven’t gone well for the agency. In April 2022, the FDA Center for Tobacco Products issued an MDO to Fontem US for its myblu device and multiple refill pods, including several tobacco-flavored pods. Last August, the District of Columbia Circuit Court of Appeals ruled for Fontem on the device and tobacco-flavored refills, but upheld the FDA’s denials of non-tobacco-flavored refills. Whether Bidi’s parent company can afford another round of litigation is an open question. In the final two months of 2024, they lost their CEO and received a notification of deficiency from Nasdaq for failing to hold an annual meeting. You can guess what FDA is hoping for. pic.twitter.com/unvdOsfHCf — Gregory Conley (@GregTHR) January 22, 2024 The FDA also issued an MDO to Juul Labs, ordering the company in June 2022 to remove all JUUL products from the market, including tobacco-flavored JUUL refill pods. However, soon after the D.C. Circuit Court of Appeals stayed the FDA denial, the agency backed down and voluntarily ordered a second scientific review. The FDA Center for Tobacco Products has authorized just seven e-liquid-based vaping devices since it granted itself regulatory authority over e-cigarettes in 2016. All of the authorized products are tobacco-flavored, and none are refillable. All are made by manufacturers owned by three major tobacco companies—Altria Group (NJOY), Japan Tobacco International (Logic), and R.J. Reynolds/British American Tobacco (Vuse). The FDA has not authorized any vaping products since current FDA Center for Tobacco Products Director Brian King was appointed in July 2022. Dozens of vaping manufacturers have challenged FDA marketing denial orders in court. Two federal appeals courts have issued rulings against the agency, including the Fifth Circuit Court’s blockbuster Triton Distribution decision earlier this month. The post FDA Rejects PMTA for Tobacco-Flavored Bidi Stick appeared first on Vaping360. View the original article

The FDA has denied marketing applications for a popular refillable pod vape, and also a rechargeable cartridge-based cigalike-style device and refill cartridges. The marketing denial orders (MDOs) came at the end of the same week during which the agency issued its first MDOs for open-system products that contain no e-liquid or nicotine. The FDA has authorized just seven vaping devices, along with tobacco-flavored refills for each, since it assumed regulatory authority over vaping products in 2016. The agency hasn’t authorized a single vaping product since current FDA Center for Tobacco Products Director Brian King assumed the post in July 2022. The FDA has authorized no products in non-tobacco flavors, and no refillable (open-system) products or bottled e-liquid. All FDA-authorized products are made by subsidiaries of major tobacco companies. Suorin Air PMTA denied The FDA announced today in a press release that it has denied premarket tobacco applications (PMTAs) for the Suorin Air device—a refillable pod vape popular for its slim profile—and its empty refillable pod. The agency said PMTAs submitted by Suorin parent company Shenzhen Youme Information Technology Co. Ltd. “lacked sufficient evidence regarding abuse liability.” The agency also noted that 2023 National Youth Tobacco Survey (NYTS) results showed that 3.8 percent of middle and high school students who reported using e-cigarettes in the past 30 days reported using Suorin-brand products. (The FDA chose to word its claim in an easily understandable way, unlike its statement earlier this week regarding youth use of SMOK products.) The Suorin Air, like the SMOK products the FDA denied on Tuesday, contains no e-liquid or nicotine. Together, the SMOK and Suorin products seem to represent a new phase in the FDA’s campaign against vaping. Until now, the agency has put off decisions on PMTAs for open-system products, and focused instead on prefilled devices and bottled e-liquids. blu PLUS+ device and refills get MDOs The FDA also announced denials for all blu PLUS+ products, including the device battery, and refill cartridges in several named tobacco and menthol flavors. MDOs were also issued for refill cartridges in other, unnamed flavors, which have been unavailable in the U.S. since the FDA made flavored pod- and cartridge-based vapes an enforcement priority in January 2020. The blu PLUS+ is an updated version of the blu e-cigarette that was among the most popular early vaping devices. Blu was the first independent vaping company to be purchased by a tobacco company (Lorillard) in 2012. Before that, tobacco companies had no presence in the vaping market. According to the FDA, blu manufacturer Fontem US, LLC (a subsidiary of Imperial Brands, the former Imperial Tobacco) “failed to include sufficient ingredient information, harmful and potentially harmful constituent (HPHC) yield quantities, and abuse liability information. In addition, the applicant did not provide sufficient evidence demonstrating that the flavored new products have a potential to benefit adult smokers, in terms of complete switching or significant cigarette use reduction, that would outweigh the risk to youth.” The agency also cited NYTS results about blu brand use by middle and high school students, noting that 6.0 percent of surveyed students reported using a blu product. Blu also received MDOs for its pod-based myblu device and most myblu refill pods in 2022. The company appealed the denials to the Circuit Court of Appeals for the District of Columbia, and last August the court ordered the FDA to conduct new reviews of the company’s PMTAs for the myblu device and tobacco-flavored pods. The post FDA Denies PMTAs for Suorin Air and blu PLUS+ appeared first on Vaping360. View the original article

The manufacturer of SMOK vaping products and a Texas vape distributor have appealed FDA marketing denial orders (MDOs) issued earlier this week for 22 SMOK hardware products. The petition for review was filed yesterday in the Fifth Circuit Court of Appeals by lawyers for Shenzhen IVPS Technology Co., Ltd. and Dallas-based Worldwide Vape Distribution. The appeal charges the MDO is arbitrary, capricious, an abuse of discretion, and not supported by substantial evidence. The plaintiffs ask the court to set aside and vacate the FDA denial, and to stay FDA enforcement until the court decides the case. On Jan. 3, the same appeals court granted petitions for review for two e-liquid manufacturers appealing their MDOs. The court ordered new FDA reviews of premarket tobacco applications (PMTAs) submitted by Triton Distribution and Vapetasia, and dressed down the agency for its reckless regulatory practices. The first FDA marketing denial for open-system vapes The SMOK products rejected by the FDA are all open-system products, meaning that they don’t contain e-liquid. The tiny list of FDA-authorized vaping products does not include any open-system products, including devices, accessories or bottled e-liquid. Until now, the FDA has avoided decisions on PMTAs for standalone hardware, focusing instead on prefilled pod- and cartridge-based devices, and disposables, which are usually sold in convenience stores and gas stations. Open-system devices are preferred by vape shop and online consumers. The MDO raises interesting questions about the FDA Deeming Rule, in which the agency claims regulatory authority over not just nicotine-containing vape products, but also standalone vaping devices and their “components and parts,” all of which the FDA defines as “tobacco products.” Open-system vaping products can also be used with CBD e-liquid and other products that don’t contain nicotine and are not regulated by the FDA Center for Tobacco Products. SMOK spent $30 million on PMTAs SMOK said in a press release that it spent over $30 million completing PMTAs for the denied products, producing more than 600,000 pages of evidence, including “robust harmful and potentially harmful constituent aerosol testing, in vitro toxicology testing and toxicological analysis, accelerated and 24-month storage and stability testing, and rigorous clinical pharmacokinetic studies to test the products’ potential abuse liability profiles.” Welfer Ouyang, CEO of SMOK’s parent company Shenzhen IVPS Technology Co., Ltd., said, “We are very concerned that, to justify issuing a marketing denial order on these open-system devices that are sold without any nicotine-containing e-liquid, FDA is cherrypicking isolated data from testing of the devices with e-liquid formulations that the products’ instruction manuals specifically warn are not compatible with these devices, and ignoring the overwhelmingly positive toxicological and safety profile of these products.” SMOK also pointed out in its press release that the FDA made misleading claims about youth use of SMOK-brand products, implying that many more middle and high school students chose SMOK than actually did. Dozens of vaping manufacturers have challenged MDOs in federal courts, and many cases are still in progress. The post SMOK Appeals FDA Denial in Fifth Circuit Court appeared first on Vaping360. View the original article

NOTE: This is a sponsored press release written by AIR BAR. The views and opinions expressed in this post are those of the authors and do not necessarily reflect the views and opinions of Vaping360. AIR BAR, a leading innovative disposable vape company founded in 2019 by YouMe Group, is proud to announce its latest technology advancement, Pre Heating Coil (PHC) Technology, available in their latest disposable vape devices: AB75000 and AB10000. This new revolutionary technology features the highest puff counts in the AIR BAR family of disposable vapes – showcases AIR BAR’s commitment and dedication to pushing industry boundaries and enhancing the vaping experience for customers worldwide. Introduction to Research and Development background Currently, the majority of disposable vape devices in the market focus on enhancing the taste by optimizing the material of the atomizer core. However, the Research and Development team at YouMe Network Technology Ltd. goes beyond taste optimization and puts significant effort into enhancing consumer experience. After conducting thousands of research iterations and successfully launching the BPC Atomization Technology in 2023, they have achieved another groundbreaking result – the birth of Pre-Heating Coil (PHC) technology (Patent No.: 2023208962220) – by optimizing the internal structure of their disposable vape products. Explanation of PHC PHC stands for Pre Heating Coil. In contrast to traditional atomizer cores, the PHC atomization core rapidly triggers the atomizer head upon inhalation. It preheats the e-liquid to an ideal temperature before inhalation, resulting in a smoother and milder taste as the e-liquid becomes thinner and its components are activated. Additionally, the PHC atomization core maximizes battery energy efficiency due to its shorter heating time, thereby extending the product’s battery life. Introduction to three major advantages of PHC technology Priority sensor triggering for instant inhalation: PHC technology optimizes the internal structure, altering the position of the atomizer head and the airflow path. This prioritizes sensor triggering when using the disposable vape device, enabling instant inhalation and significantly enhancing comfort and satisfaction. 500-millisecond faster heating for a fuller taste: The airflow, prioritizing sensor triggering, results in a 500-millisecond faster heating process compared to traditional methods. The disposable vape device’s internal heating element preheats the e-liquid and releases it as gas through the mouthpiece into the airway. Each puff is devoid of mixed cold air, resulting in a fuller taste. 7% improvement in e-liquid atomization for more vapor: The disposable vape device’s faster heating element effectively reduces e-liquid evaporation. This leads to better and more uniform e-liquid atomization, resulting in a 7% increase in vapor production. Enterprise development plan and conclusion AIR BAR by YouMe Group is dedicated to remaining a leading global electric disposable vape brand, providing users with high-quality, safe, and reliable disposable vape devices. They actively participate in the formulation and promotion of industry standards, driving the healthy and sustainable development of the disposable vape device industry while striving to create a safe, scientific, transparent, and regulated disposable vape device market environment. YouMe Network Technology will continue to prioritize user needs, continuously improve product quality and service levels, and deliver an enhanced disposable vape device experience for users. YouMe Network Technology will continue to be driven by innovation, advancing the development of disposable vape devices in the industry, and working towards achieving a healthier, technological, and environmentally friendly lifestyle. AIR BAR AB7500 and AB10000 with PHC technology AIR BAR recently released AB7500 disposable vape devices in late December 2023, and just recently announced AB10000 disposable vape device, set to hit retailers late January 2024. All three devices in the AB line include the latest PHC Technology. AB7500 Disposable Vape Device: With a futuristic street art inspired design, the AB7500 features up to 7,500 puffs, a battery and e-liquid indicator screen, and has an adjustable airflow option. This disposable vape device is rechargeable (Type-C) and is available in 17 flavors. AB10000 Disposable Vape Device: A revolutionary leap in vaping technology with up to 10,000 puffs, 16 flavors, and a rechargeable battery (Type-C). The AB10000 features a sleek, marbled design with an innovative screen displaying e-liquid and battery levels, ensuring a seamless experience. About AIR BAR: Established in 2019 by YouMe Group, AIR BAR is a leading disposable vape company that continually pushes the boundaries of innovation in the vaping industry. Committed to research and development, AIR BAR develops cutting-edge products to offer a healthier and safer alternative to smoking. For media inquiries: info@airbar.com The post Press Release: YouMe Introduces Revolutionary PHC Technology in New AIR BAR Disposable Vapes appeared first on Vaping360. View the original article

The FDA today took a major step toward banning open-system vaping hardware sold without e-liquid. Open-system products are refillable, allowing consumers to use them with bottled e-liquid from any manufacturer—including e-liquid that contains no nicotine, or non-nicotine ingredients like CBD. The FDA issued marketing denial orders (MDOs) for six SMOK-brand vaping devices, and 14 pods and replacement coils used in the prohibited devices. These are the devices: SMOK OSUB ONE SMOK Nfix SMOK POZZ SMOK RPM 40 SMOK SCAR-P3 SMOK Nord 2 After receiving a marketing denial order, the product is barred from U.S. sale or distribution, and the manufacturer is subject to FDA enforcement actions if the order is violated. Several dozen vape manufacturers have challenged MDOs in U.S. federal courts, in many cases receiving stays allowing products to remain on store shelves. The MDOs were issued to Shenzhen IVPS Technology Co., Ltd., based in Shenzhen, China. IVPS owns the SMOK brand, one of the oldest and most recognizable names in the Chinese vaping industry. FDA says batteries and metal coils are tobacco products The 2016 Deeming Rule, in which the FDA granted itself regulatory authority over vaping products, defines most vaping hardware as “components and parts of a tobacco product,” which means manufacturers must justify the products’ existence to the agency before they can be sold—even if they contain no nicotine or e-liquid. Until now, the FDA has ignored premarket tobacco applications (PMTAs) from standalone hardware manufacturers, instead focusing on prefilled devices (including disposables) usually sold in convenience stores and gas stations. Today’s decision is a clear indication the agency intends to pursue products popular only in the vape shop/online segment of the market, which caters to consumers of open-system hardware products and bottled e-liquids. FDA misquotes its own survey results to justify banning SMOK products The agency’s justification for the action is twofold: First, the products can be used with any e-liquid, including “unauthorized” products. The agency has authorized no vaping products in non-tobacco flavors, and no bottled e-liquids in any flavor. Second, the agency says a large number of youth use the denied SMOK products. For these reasons, according to an FDA press release, the agency has “determined that the applications lacked sufficient evidence to demonstrate that permitting marketing of the products would be appropriate for the protection of the public health.” In its press release, the FDA claims that teenagers taking the National Youth Tobacco Survey frequently cited SMOK as the brand they prefer. The FDA said SMOK was “the sixth most commonly reported brand among current youth e-cigarette users, with 11.3% of middle and high school students reporting past 30-day use of SMOK products.” However, the agency misquoted the NYTS results. It was 11.3 percent of students who vaped that named SMOK—not 11.3 percent of all students. Fewer than one percent of all surveyed students named SMOK. The American Vapor Manufacturers Association (AVM) announced it had formally requested that the FDA recall the press release or issue a correction. The online press release had not been corrected as of 4:20 p.m., when this article went to press. The post FDA Denies PMTAs for 22 SMOK Devices, Pods and Coils appeared first on Vaping360. View the original article

Oct. 26, 2022 update The FDA today issued its first MDOs for menthol-flavored vaping products—specifically, menthol refill cartridges for two Logic devices that had been authorized for sale previously with tobacco-flavored refills. Nov. 1 update We have noted MDOs rescinded by the FDA. September 23, 2021 The FDA announced today that 28 additional companies have been added to its list of manufacturers that have received marketing denials since its last update on Sept. 17. All the products receiving Marketing Denial Orders (MDOs) were flavored vaping products. The total number of companies receiving MDOs for flavored product Premarket Tobacco Applications (PMTAs) is now 323. (An alphabetical list can be found at the end of this article.) The FDA says the denials cover nearly 1.2 million flavored products. All of the new listings are small manufacturers. Since the FDA began issuing MDOs on Aug. 26, the vast majority have gone to small companies, with just a few issued to larger open-system manufacturers like Turning Point Brands and AVAIL Vapor. One publicly traded company that makes closed-system prefilled devices, Bidi Vapor, has also received MDOs for flavored products. With the first MDO’s issued in August, the FDA also announced a new standard that requires PMTAs for flavored products other than tobacco and menthol to show “sufficient product-specific scientific evidence to demonstrate enough of a benefit to adult smokers that would overcome the risk posed to youth.” All of the marketing denials issued so far have been based on that previously unwritten standard. Shops that didn't bother to register or apply for PMTAs are in the most enviable of non-enviable positions. FDA doesn't know you exist and, for the good of your customers who rely on your products to stay smoke-free, you should strive to keep it that way. https://t.co/kCQuyCUA7D — Gregory Conley (@GregTHR) September 23, 2021 Since the Sept. 9, 2020 submission deadline for PMTAs, the FDA has issued no marketing authorizations for any vapor products. [EDITOR’S NOTE: On Oct. 12, the FDA issued marketing authorizations for the Vuse Solo and two tobacco-flavored cartridges.] The agency has also not made decisions on mass-market products from Juul Labs, Reynolds American, NJOY, Logic, or Blu, which FDA Center for Tobacco Products Director Mitch Zeller said would be prioritized in the review process because of their popularity. The FDA was expected to announce some decisions on the large manufacturers’ products by Sept. 9, 2021—the deadline for unauthorized products to be removed from the market. All vaping products made with tobacco-derived nicotine are now technically illegal to sell, and only exist on the market through FDA enforcement discretion. That includes tobacco- and menthol-flavored vaping products and flavored products like nicotine pouches. Some small manufacturers have begun reformulating their products with synthetic nicotine, which could skirt current FDA tobacco product authority. It isn’t known if the agency will attempt to regulate synthetic nicotine as a drug. List of FDA Marketing Denial Orders (MDOs) Although the FDA says it has issued 323 MDOs, the agency’s published list contains just 260 names. The FDA says manufacturers that were issued denials for products not currently being marketed are not named. We are updating the list by adding companies that receive MDOs after the first round—for example, Fontem US and Juul Labs. We are also adding notes explaining MDOs that have been rescinded or vacated by court rulings. The list is alphabetical, with the date the MDO was issued noted to the right of each name. All dates are from 2021 unless otherwise noted. 10 Days Inc. dba Pod Juice – Sept. 14 611 Vapes dba Erie Shore Vapors – Sept. 16 7 Daze LLC – Sept. 8 A Perfect Vape – Sept. 16 AAA Strate Vape – Sept. 10 Abomination LLP – Sept. 13 Absolute Vapor Lounge LLC – Sept. 10 Absolute Vapor Inc. – May 12, 2023 ACH Group LLC dba Bomb Bombz E-liquid – Sept. 15 Al Khalifa Group LLC – Oct. 6 [added to FDA’s public MDO list Feb. 17, 2022]—MDO rescinded by FDA April 25, 2022 Alaska Elixirs Vape LLC – Sept. 8 American Vapor Group – Sept. 1 American Vapor Inc. – Sept. 8 Apollo Future Technology Inc. – Sept. 10 Arc LLC – Sept. 7 Ashlynn Marketing Group – Sept. 15 Avail Vapor LLC – Sept. 15 Awesome Sauce Vapor – Sept. 15 Axioco Corporation – Sept. 16 Baker White Inc. – Sept. 10 Balboa – Sept. 7 Bang Bang Vapors LLC – Sept. 9 Beard Vape Company – Sept. 16 Bidi Vapor Sept. 7—MDO vacated by court ruling Aug. 23, 2022 Big Time Vapes – Aug. 30 Big Time Vapes – May 12, 2023 BJC – Sept. 15 BMF Labs dba Bad Modder Fogger LLC – Sept. 10 Bogart Enterprises LLC – Sept. 16 Bombies Inc. – Sept. 8 Boomtown Vapors – Sept. 8 Boss Vapes – Sept. 13 Breeze Smoke – Sept. 16 Buckshot Vapors Inc. – Sept. 1 California Grown E-Liquid – Sept. 15 Cassadaga Liquids, LLC – Sept. 15 Central Vapors – Sept. 10 Cig Free Vape Shop – Sept. 15 CITTG dba Orgnx E Liquids – Sept. 1 Cloud House – Sept. 8 Cool Breeze Vapor LLC – Sept. 15 Cosmic Fog Vapors Operating Company LLC – Sept. 15 Creative Focus dba Red Devil Vapors – Sept. 7 CRFT Labs Tennessee LLC – Sept. 15 Custom Vapor Blends LLC – Sept. 7 Custom Vapors – Aug. 31 Decent Juice – Sept. 3 Desert Vapors LLC – Sept. 13 DFW Vapor Holdings Inc. – Sept. 8 Diamond Vapor Sept.1—MDO vacated by court ruling Aug. 23, 2022 DNA Enterprise LLC (Mech Sauce) – May 12, 2023 Dominant Vapor – Sept. 1 Doomsday Gourmet – Sept. 7 DR Distributors LLC – Sept. 17 Drippers Vape Shop LLC – Sept. 14 Drippers Vape Shop LLC – Sept. 10 E-Vapor Hut LLC – Sept. 9 ECBlend LLC – May 12, 2023 Ecig Charleston LLC – Sept. 15 ECS Global – Sept. 10—MDO partially rescinded Oct. 26 Einstein Vapes – Sept. 10 Ejuice Blvd LLP – Sept. 15 Electric Smoke Vapor House – Sept. 8 Element E-Liquid LLC – Sept. 15 E-Liquid Brands LLC – Sept. 17 Elite Brothers – Sept. 15 Everything Vapor – Sept. 16 Feel Life Co Limited – Sept. 16 Feel Life Health Inc. – Sept. 17 Flair Products, LLC – Sept. 10 Flavor Labs dba Mob Liquid Labs – Sept. 7 Fontem US, LLC (Blu) – Apr. 8, 2022 [Myblu device and most pods added to FDA’s public MDO list April 8, 2022] Fontem US, LLC (Blu) – July 10, 2023 [Myblu menthol pods added to FDA’s public MDO list July 10, 2023] Fuma International LLC – Sept. 16 Fuma International LLC – Sept. 17 FUMA Vapor, Inc. – Sept. 10 Fumee LLC – Sept. 14 Fumizer LLC – Sept. 9—MDO partially rescinded Oct. 22 Gentlemen’s Draw LLC – Sept. 7 Gothic Vapor – Aug. 31 Great American Vapes – Aug. 26 Great Lakes Vapor – May 12, 2023 Gripum LLC – Sept. 8—MDO vacated by court ruling Aug. 29, 2022 Grove Inc. – Sept. 15 Gundo Distro – Sept. 9 Heartlandvapes LLC – Sept. 17 Holy Cow ejuice – Sept. 13 HotSpot Caf� LLC dba VV-Juice – Sept. 8 Howard Enterprises – Sept. 16 Humble Juice Co., LLC – Sept. 15—MDO rescinded Nov. 2 Imperial Vapors – Sept. 1 Imperial Vapors LLC – May 12, 2023 Infamous E Juice – Sept. 15 Innevape – Sept. 15 J-Vapor LLC dba North Shore Vapor – Aug. 31 Jaded Vapors LLC – Sept. 8 Jai Mundi, Inc. Kai’s Virgin Vapor E-Liquid – Sept. 15 JD Nova Group LLC – Aug. 26 JDvapour LLC – Sept. 8 JMJL Global – Sept. 8 Johnny Copper – Sept. 7—MDO vacated by court ruling Aug. 23, 2022 JT Wood Investments LLC dba Vape It 9/10 Juice Guys Distribution LLC 9/9 Juicemafia Inc. 9/10 Juice Roll Upz Inc. 9/8 Jungle Nation 9/15 Juul Labs, Inc. – June 23, 2022 [added to FDA’s public MDO list June 23, 2022] Jvapes LLC – Sept. 9 K&C Aitken, LLC Dba Elysian Labs – Sept. 16 Kinghorn Holding – Sept. 9 KJJ Enterprises – Sept. 9 Kloc Vapor LLC dba The Vapor Edge – Sept. 8 Lady Boss Vapor – Sept. 8 LAS Ventures Limited – Sept. 15 Lazarus Vintage Corporation – Sept. 8 LDP Designs LLC – Sept. 14 Lead by Sales LLC dba White Cloud Cigarettes – Sept. 14 LeCig Enterprises Inc. – Sept. 15 Licensed E-Liquid Manufacturing – Sept. 10 Liquid Art Inc. – Sept. 10 Liquid Nics LLC – Sept. 3 Liquid Reign Inc. – Sept. 16 Logic LLC – Oct. 26, 2022 Lotus Vaping Technologies – Sept. 17 Loveli Design LLC dba Alice in Vapeland – Sept. 1 LXJ LLC – Sept. 13 Magellan Technology Inc. (Juno) – Sept. 8 Magellan Technology Inc. (Hyde) – Oct. 6, 2022 [added to FDA’s public MDO list Oct. 6, 2022] Malicious Liquids Inc – Sept. 8 Maniac Vapor LLC – Sept. 17 Marina technology LLC – Sept. 7 Marlin Steam Company, LLC – Sept. 14 Matrix Minds – Sept. 8 MH Global LLC dba Steamline Vape Co. LLC – Sept. 16 Midas Vape LLC – Sept. 8 Midwest Vape Supply – Sept. 1 Mighty Vapors – Sept. 15 Millennial One Inc. dba The Finest E-Liquid – Sept. 2 Mister-E-Liquid LLC – Sept. 16 Mix Masters Inc. – Sept. 10 MJ Asset Holdings – Sept. 3 Mom and Pop Vapor Shop – Sept. 8 Mothers Milk WTA – Sept. 15 Mothers Milk WTA – May 18, 2023 Mountain Oak Vapors, LLC – Sept. 8 Mountain Vaporz – Sept. 1 Mr. Salt-E LLC – Sept. 15 MV Enterprises – Sept. 1 My Vape Order Inc. – Sept. 8—MDO partially rescinded Jan. 19, 2022 Nasty Worldwide SDN BHD – Sept. 7 Newhere Inc. dba Madhatter Juice – Sept. 8 New Orleans Cloud Alchemy – Sept. 15 Nicquid – Sept. 1 Northeast Vapor Supplies LLC – Sept. 9 Northland Vapor Company – Sept. 17 Nude Nicotine – Sept. 7 Ohm Slaw Juice LLC dba Justin Parrott – Sept. 14 One Up Vapors LLC – Sept. 15 Opt2mist Vapor Shop LLC – Sept. 9 Oueis Gas Inc. dba Oasis Vape – Sept. 10 Ovapes Ejuice LLC – Sept. 9 Paradigm Distribution – Sept. 15 Paradigm Distribution – Sept. 10 Performance Plus Marketing Inc. – Sept. 7 Pettee & D’Sylva Enterprises, LLC – Sept. 13 Phantasm Vapors – Sept. 9 Planet of the Vapes – Sept. 1 Pop Vapor Co LLC – Sept. 9—MDO partially rescinded Nov. 23——MDO vacated by court ruling Aug. 23, 2022 Pop Vapor Co LLC – Sept. 16 Prohibition Juice Co. – Sept. 13 Propaganda E-Liquid LLC – Sept. 8 Prophet Premium Blends, LLC – Sept. 15 Puff Labs LLC – Sept. 14 Puff Labs – Sept. 9 Quad City Vapers Club – Sept. 7 Red Rock Vapor – Sept. 7 Redwood Ejuice LLC – Sept. 13 Riot Labs – Sept. 9 Ripe Vapes – Sept. 15 R.J. Reynolds (Vuse Ciro and Vibe menthol refills) – Jan, 24, 2023 R.J. Reynolds (Vuse Solo menthol refill) – March 17, 2023 Rock Ridge Vapor LLC – Sept. 13 Royalty Premium E Juice – Sept. 1 RP Vapors – Sept. 9 Ruthless Vapor Corporation – Sept. 16 SadBoy – Sept. 3 Savage Enterprises – May 12, 2023 Seattle – Sept. 7 Securience LLC – Sept. 8 Shop Vapes – Sept. 9 Simple Vapor Company – Sept. 10 Simply Vapour – Sept. 10 Sir Vapes -A-Lot – Sept. 1 Smax International LLC – Sept. 14 SMOK – Jan. 16, 2024 Smokeless Smoking Inc. – Sept. 9 Soft Vape Inc – Sept. 10 South Coast Vapor Co. – Sept. 9 Southwest Smokeless – Sept. 15 SS Vape Brands Inc. Dba Monster Vape Labs – Aug. 31 SSY E-juice – Sept. 10 Stark Vapor LLC – Sept. 9 Steep Slope Vape Supply – Sept. 8 SV Packaging LLC – Sept. 10 SWT Global Supply – Aug. 31 SWT Global Supply – Sept. 7 SWT Global Supply – May 12, 2023 Tampa Vapor Inc. – Sept. 10 Tasty Cloud Vape Co. LLC – Sept. 9 Tasty Haze – Sept. 7 Tasty Puff LLC – Sept. 14 Teardrip Holdings – Sept. 14 Texas Select Ventures LLC dba Texas Select Vapor – Sept. 14 Texas Tobacco Barn dba TXVape Barn – Sept. 8 The Ecig Caf� LLC – Sept. 9 The Michigan Juice Company LLC – Sept. 8 The Plume Room LLC – Sept. 8 The Vape Lounge – Sept. 15 The Vaping Tiger – Aug. 31 The Vapor Vendor LLC – Sept. 9 The Zen Vaper E-Liquids LLC – Sept. 15 TPB International LLC – Sept. 14—MDO rescinded Oct. 7 Treehouse Vapor Company dba Flagship Vapor – Sept. 7 TrendSetters E-liquid LLC – Aug. 31 True Lab Creations – Sept. 10 TruVibe Inc. dba Vapor Station FDL – Sept. 8 Turncoat Industries – Sept. 15 Twisted Tongue Inc. – Sept. 13 UIS Manufacturing, LLC – Sept. 14 Underdog E-liquids LLC – Sept. 8 Union Street Brands – Sept. 15—MDO vacated by court ruling Aug. 23, 2022 Valley Vapors LLC – Sept. 8 Vape Craft – Sept. 9 Vape Crusaders Premium E-liquids – Sept. 8 VapeDaugz LLC – Sept. 14 Vape Element LLC dba BLVK Unicorn – Sept. 10 Vape Hut Inc. – Sept. 13 Vape n Juice – Sept. 16 Vape of a Kind – Sept. 8 Vape On – Sept. 7 Vaper Generation – Sept. 9 VaperMate LLC – Sept. 15 Vapetasia LLC – Sept. 16 Vaping Oasis – Sept. 2 Vapor Bank E-liquid – Sept. 10 Vapornine LLC dba New Leaf Vapor Company – Sept. 16 Vapor Outlet of Wyoming LLC dba Juicity Vapor – Sept. 8 Vapor Plus OK – Sept. 7 Vapor Rage LLC – Sept. 8 Vapor Salon – Aug. 26 Vapor Solutions & Labs – Sept. 8 Vapor Source Inc. – Sept. 3 Vapor Stockroom – Sept. 9 Vapor Stop – Sept. 15 Vapor Trail LLC dba Mig Vapor – Sept. 8 Vapor Unlimited – Sept. 10—MDO vacated by court ruling Aug. 23, 2022 Vapor Ventures Inc dba Innovated Vapors – Sept. 15 Vaporized Inc. – Sept. 8 Vapors of Ohio Inc. dba Nostalgic Vapes – Sept. 1 VDX Distribution – Sept. 15 Verdict Vapors – Sept. 15 Vertigo Vapor – Sept. 8 Victory Liquid LLC – Sept. 10 VIM Blends – Sept. 8 Vintage & Vapor Marketplace Inc. – Sept. 17 Viper Vapor – Sept. 3 Viper Vapor – Sept. 3 VPR Collection – Sept. 8 VR Labs – Sept. 9 Wadina Distribution LLC DBA GOST Vapor – Sept. 9 Wages & White Lion Investments dba Triton Distribution – Sept. 14 Walker Enterprises – Sept. 9 Warlock Vapes dba Zuluvapes – Sept. 8 Wyoming Vapor Company – Sept. 3 Xtreme Vapors – Sept. 8 Yogi’s Vape – Sept. 9 Yoshicon LLC dba Vapergate – Sept. 13 Zen RVA LLC – Sept. 7 The post Who’s Left? Vape Companies That Have Received MDOs appeared first on Vaping360. View the original article

NOTE: This is a sponsored press release written by VOOPOO. The views and opinions expressed in this post are those of the authors and do not necessarily reflect the views and opinions of Vaping360. On 8th January, VOOPOO officially released ARGUS PRO 2, which is the first ARGUS product with PnP X platform and the second generation of ARGUS PRO. As robust and high-quality as its predecessor, it offers users a pleasantly explosive sense and long-lasting vaping experience. PnP X Coil, Long-lasting Lifespan, Pleasant Experience ARGUS PRO 2 is the first ARGUS product with PnP X platform, which introduces an extended atomization lifespan that 1 coil sustains to 100 mL of e-liquid without flavor fading, coil burning or leakage. The top airflow intake PnP X cartridge DTL that comes with ARGUS PRO 2 effectively controls e-liquid and condensate leaks. Furthermore, the ARGUS PRO 2 is compatible with both the package-included PnP X cartridge DTL and the PnP X cartridge MTL, allowing users to seamlessly switch between MTL and DTL vaping experiences. It is known that all of ARGUS PRO 2 and the previously released DRAG X2 and DRAG S2 comes with PnP X platform featuring long-lasting vaping experience. However, ARGUS PRO 2 is more outdoor fitting in appearance design and more bursting in vaping experience with the TURBO Mode TURBO Mode, Professional Explosive DTL Vaping Experience In TURBO mode, the ARGUS PRO 2 provides a remarkable 25% increase in vapor volume in one second, delivering an instantly explosive vaping experience. The 3000mAh built-in battery ensures a longer-lasting burst of DTL (Direct-to-Lung) vaping, allowing users to indulge in the ultimate DTL vaping experience. Simple Interaction and Operation, What You See is What You Get The new Dynamic Switch enables users to easily lock or unlock the device with just one click. The new menu interface simplifies the function key combinations, allowing users to quickly grasp functionalities. Besides, the 0.96″ TFT screen provides clear and comprehensive information, displaying equipment and usage status in real time. Integrated Design, Delicate in Look and Comfortable to Hold ARGUS PRO 2 features top-quality integrated craftsmanship, seamlessly integrating the lanyard ring and charging port dust cover with the main body without any exposed screws. The lanyard buckle has been updated from the fragile and noisy metal buckle of the ARGUS PRO to an integrated design that is both practical and aesthetically pleasing, improving the overall user experience. The release of ARGUS PRO 2 demonstrates VOOPOO’s cutting-edge innovation and user-centered design, we believe that ARGUS PRO 2 will bring an improved vaping experience. WARNING: This product contains nicotine. Nicotine is an addictive chemical. The post Press Release: New Product Launch, VOOPOO ARGUS PRO 2 with PnP X Platform appeared first on Vaping360. View the original article

NOTE: This is a sponsored press release written by Innokin. The views and opinions expressed in this post are those of the authors and do not necessarily reflect the views and opinions of Vaping360. On January 11, INNOKIN, a leading brand in the vaping industry, proudly announced the launch of Trine, a redefinition of the structure of pod systems, namely: Atomizer, Control, and Battery (removable). This “3 in 1” solution greatly improves the reusability of the battery. The environmental impact of disposable vaping products, with their low battery utilization and single-use nature, has raised concerns about battery waste and pollution in recent years. Given this problem, INNOKIN introduces Trine, a solution featuring removable batteries for pod systems, significantly enhancing their reusability. This extends the life cycle of devices far beyond that of an individual battery while enabling safe recycling. Moreover, Trine ensures safe battery disposal by integrating EcoDrain™, a cutting-edge battery discharge technology setting a new industry standard as an eco-safe solution for battery disposal. It specifically addresses the challenges associated with handling discarded batteries, ensuring safe battery discharge before recycling. This technology minimizes fire hazards and actively reduces the detrimental environmental impact caused by battery waste. Engineered with patented technology, EcoDrain™ offers an efficient and secure method for battery discharge, promising a reliable solution for battery waste management within vape pods. INNOKIN’s Innovative Trine Solution Commenting on the launch of Trine, Tao Cui, Strategy Director at INNOKIN, stated, “The introduction of Trine signifies a significant step towards a greener vaping industry. We anticipate that these innovations will pave the way for extensive opportunities in product development, offering users a vastly improved experience.” For more information about INNOKIN’s Trine solution, please visit innokin.com. The post Press Release: INNOKIN Redefines Pod System for a Sustainable Future with “Trine” appeared first on Vaping360. Просмотр полной статьи

The Supreme Court has declined to hear a case challenging California’s voter-approved ban of flavored vapes and tobacco products. The California law prohibits brick-and-mortar sales of most nicotine products in flavors other than tobacco. The flavor ban, passed by California voters on Nov. 8, 2022, was challenged within days by several R.J. Reynolds-affiliated tobacco and vapor companies,San Diego-area retailers, and a vape shop. Reynolds and the other plaintiffs said in federal court that the ban violates the Constitution’s supremacy and commerce clauses, claiming it amounted to the state creating a tobacco product standard, a power granted to the FDA by the 2009 federal Tobacco Control Act. After both the District Court for the Southern District of California and the Ninth Circuit Court of Appeals rejected Reynolds’ motions for a temporary injunction and an injunction pending appeal, Reynolds asked the Supreme Court to grant an emergency injunction to prevent the law from taking effect while the lawsuit was argued. Barely a month after voters approved the ban, on Dec. 12, the Supreme Court denied Reynolds’ application without comment. The flavor ban took effect days later, on Dec. 21. Reynolds pursued the lawsuit, losing in the district court, and the company’s appeal was then rejected by the Ninth Circuit. Today’s Supreme Court action ends Reynolds’ hopes of reversing those decisions. California and Massachusetts are the only U.S. states with bans of both flavored vapes and menthol cigarettes. Between the Supreme Court’s rejection of Reynolds’ application for an injunction and today’s decision, the Court last February declined to hear Reynolds’ appeal of a lawsuit challenging a similar flavored vape ban in Los Angeles County, California. That lawsuit was based on virtually identical arguments as Reynolds’ challenge of the statewide law, and was cited as precedent by lower federal courts when they rejected the statewide challenge. The California flavor ban includes nicotine-free e-liquid and “flavor enhancers,” and would even prohibit sales of FDA-authorized flavored vape products, if any existed. The law also bans flavored nicotine pouches and smokeless tobacco, as well as most flavored combustible tobacco, including menthol cigarettes. It exempts flavored hookah tobacco, pipe tobacco and premium cigars. The law does not ban online sales of flavored vapes, but other California state and local laws make online sales in the state a difficult process for retailers. California and Massachusetts are the only U.S. states with bans of both flavored vapes and menthol cigarettes. Three other states—New Jersey, New York and Rhode Island—have flavored vape bans, but have not banned sales of menthol cigarettes. The post Supreme Court Declines to Hear California Flavor Ban Appeal appeared first on Vaping360. Просмотр полной статьи

Michigan lawmakers have introduced a series of bills intended to eliminate access to popular flavored vapes and other low-risk nicotine products, and price the remaining products out of reach for many consumers. The legislation, promoted by anti-tobacco and anti-vaping activist groups, is similar to bills previously introduced in the state. The eight-bill package includes several components that will negatively affect people who vape or use other low-risk nicotine products: Bans flavors other than tobacco in all nicotine and tobacco products (SB 649) Establishes a 57 percent wholesale tax on all vaping products, nicotine pouches and smokeless tobacco (SB 648) May ban online sales to consumers (SB648) Repeals preemption of local restrictions on vape or tobacco products (SB 647) The Consumer Advocates for Smoke-Free Alternatives Association (CASAA) has issued a call to action, asking Michigan residents to contact their state legislators and urge them to oppose the tax and flavor ban bills. Vapers and others who support harm reduction can send a pre-written message from CASAA in seconds, or can replace the pre-written message or modify it with their own thoughts. The bills have been assigned to the Michigan Senate’s Committee on Regulatory Affairs. Committee hearings on the bills have not been scheduled. The state Senate returns to session Jan. 10. How would these bills affect Michigan vaping consumers? While some of the legislation would have little effect on adults who depend on vaping products, the flavor ban and tax would force many vapers back to smoking, and create a black market for products widely acknowledged to be less harmful than combustible tobacco. A 57 percent wholesale tax would be among the highest vape taxes in the country. The flavor prohibition and tax, if passed, would probably shut down most vape shops, and would eliminate flavored vape and nicotine pouch sales in convenience stores and other outlets. If legislators succeed in banning online sales, consumers in remote areas would be hit especially hard. As in other states that have banned flavored vape products, much of the market would then move underground, where taxes are not collected and age laws are ignored. Michigan residents who live near the Ohio, Indiana and Wisconsin borders would maintain easy access to popular vape products sold in those states, while many other Michigan vapers would revert to smoking, or be forced to buy potentially substandard products from black market sellers. Research shows that vapes and cigarettes are economic substitutes; when policies create a market advantage for one kind of product, its sales increase, and sales of the other decrease. Studies show that taxing vapes increases cigarette sales and smoking, including smoking by minors. Banning flavors also increases smoking. CALL TO ACTION | MICHIGAN Lawmakers are once again throwing everything & the kitchen sink into a raft of anti-vaping bills! These bills include everything from a FLAVOR BAN and TAX HIKES to repealing state preemption of local tobacco retailer laws. https://t.co/hXNCmyrR0K — CASAA (@CASAAmedia) December 15, 2023 The proposed flavor ban includes menthol cigarettes and flavored cigars, and the tax bill would increase the tax on cigarettes from $2.00 a pack to $3.50. According to the Mackinac Center for Public Policy, 18.2 percent of 2021 cigarette consumption in Michigan involved smuggling, and the think tank says it expects that number to surge beyond 30 percent with passage of the higher cigarette tax. In addition to expanding the illegal cross-border economy, a ban on menthol cigarettes could create potentially violent interactions between police and minority business employees and customers. Menthol cigarettes are favored by a majority of the black Americans who smoke. Governor Whitmer and Tobacco-Free Kids vs. Michigan vapers Democratic state legislators have introduced bills to restrict vaping products in every recent session since Governor Gretchen Whitmer unsuccessfully attempted to ban flavors—first in 2019 with an “emergency” executive order, and then in 2020 with permanent rules imposed by the Michigan Department of Health and Human Services. Both were opposed by Michigan vape businesses. Those efforts were finally dropped in late 2021, but the Campaign for Tobacco-Free Kids, the Michigan chapter of the American Academy of Pediatrics, the American Cancer Society Cancer Action Network, and other Bloomberg Philanthropies-affiliated anti-vaping groups, have never abandoned their desire to ban flavors and impose other vape restrictions in Michigan. Similar bills have been introduced in Michigan before, with the same Tobacco-Free Kids-backed publicity and astroturf support. As we explained in 2022, regarding the effort to pass a flavor ban in Columbus, Ohio, the entire operation to promote the laws is run by the Washington-based activist group with funding provided by billionaire Michael Bloomberg’s foundation. In Michigan, the operation is run by an astroturf group called the Keep MI Kids Tobacco Free Alliance, co-chaired by Tobacco-Free Kids regional advocacy director Jodi Radke. The group is hosting a call to action (offering an easy-to-send pre-written message of support) that is being promoted by Tobacco-Free Kids and Parents Against Vaping e-cigarettes (PAVe). In addition to lobbying legislators directly, the Tobacco-Free Alliance organizes support, and does publicity work for the bill package, like helping place op-eds in local newspapers and setting up local TV news segments. Gov. Whitmer and her administration have strong links to Bloomberg and Tobacco-Free Kids, but the current effort to tax vapes and ban flavors doesn’t appear to have originated in the governor’s office. However, she supports the bills and will certainly sign them if they pass the state legislature. Many of the legislators likely to support the proposed Michigan flavor ban are, ironically, strong supporters of legal marijuana in the state. State regulators allow flavored cannabis products—including vapes with added flavors, and edibles that are indistinguishable from actual candy. The post Michigan Vape Bills Would Ban Flavors, Impose 57% Tax appeared first on Vaping360. Просмотр полной статьи

In a long-awaited decision, a federal appeals court has reversed the marketing denial orders (MDOs) issued to Triton Distribution and Vapetasia, and ordered the FDA to conduct new reviews of the companies’ marketing applications. The en banc panel of judges voted 10-6 to grant the Triton and Vapetasia petitions for review. In a 52-page decision dripping with sarcasm, 10 judges of the Fifth Circuit Court of Appeals found the FDA acted “arbitrarily and capriciously” when it rejected Triton’s premarket tobacco product applications (PMTAs). “Over several years, the Food and Drug Administration sent manufacturers of flavored e-cigarette products on a wild goose chase,” wrote Judge Andrew S. Oldham for the majority. Oldham then described the agency’s “wild goose chase” in some detail, before rejecting the FDA’s defense. “FDA justifies its behavior with two principal arguments,” wrote Judge Oldham. “First, FDA argues that its years’ worth of regulatory guidance was not worth the paper it was printed on because it was hedged with cautious qualifiers and never guaranteed that any particular submission would be granted. Second, and most disturbingly, FDA argues that its capriciousness should be forgiven as harmless because the agency promises to deny petitioners’ applications even if we remand to make the agency follow the law. “Today we reject both propositions.” It is also important to note that in a footnote the Court characterizes FDA’s denial of all PMTAs for non-tobacco flavored e-cigarettes as a de facto flavor ban that circumvented the required notice-and-comment rulemaking process: pic.twitter.com/SJLNEwALpf — Azim Chowdhury (@ECIGattorney) January 3, 2024 The decision came in a rare en banc rehearing of the case, in which all active judges on the court took part. (One judge joined the court after the case was submitted and sat it out.) Oral arguments were heard on May 16, 2023. The ruling reversed a 2022 decision against Triton by a three-judge Fifth Circuit panel. That 2-1 opinion shocked observers who expected the court to take the FDA to the woodshed after a previous Fifth Circuit panel had granted Triton a stay, saying the company’s appeal was likely to succeed. In the stay opinion, Judge Oldham had ripped the FDA for repeatedly moving the PMTA goalposts, and called the agency’s shifting regulatory standards a “surprise switcheroo.” Other circuit courts have mostly supported the FDA in MDO appeals, but vape manufacturers prevailed in the Eleventh Circuit, meaning the Supreme Court could soon decide to step in and settle the “circuit split.” There are still multiple MDO appeals in progress in various appeals courts. The Fifth Circuit is considered the most conservative of the nation’s 13 federal appeals courts. All 10 judges voting in favor of Triton were appointed by Republican presidents, as were three of the dissenters. The other three who voted for the FDA were appointed by Democrats. The post Fifth Circuit Court Rips FDA, Grants Triton Appeal appeared first on Vaping360. Просмотр полной статьи

NOTE: This is a sponsored press release written by VAPORESSO. The views and opinions expressed in this post are those of the authors and do not necessarily reflect the views and opinions of Vaping360. VAPORESSO, a leading innovator in the vaping industry, has achieved a historic milestone in 2023 by winning over 130 international and authoritative awards from a number of industrial organizations and media outlets, highlighting the brand’s innovative prowess and international leadership. In 2023, VAPORESSO received recognition from authoritative media such as Ecigclick, Vapouround and VersedVaper, bagging more than a dozen of the best international brand awards. This achievement marks a significant milestone in the brand’s journey to become a global leader in the sector of open-system vaping devices. Through consistent efforts in research, development, and customer satisfaction, the brand has garnered recognition and acclaim for its high-quality products and cutting-edge technology. The honors that the brand has received are a testament to its outstanding product design and innovative strength. In 2023, VAPORESSO also won several professional international design awards, including the MUSE Design Awards, the German Design Awards, the London Design Awards, and the French Design Awards. These accolades are a great affirmation of VAPORESSO’s pursuit of excellent and innovative design. By consistently raising the bar and setting new benchmarks for vaping devices’ design and functionality, VAPORESSO has played a pivotal role in shaping the industry’s landscape. In addition, several of the brand’s innovative products, such as the XROS 3 series, LUXE X series, ARMOUR, and VAPORESSO COSS, have won numerous authoritative media awards. Notably, COSS, as a disruptive innovation in the industry, won the prestigious Golden Leaf Award for Innovation, further validating the brand’s product innovation strength on an international level. These numerous awards represent not only VAPORESSO’s remarkable achievements but also its contributions to the overall growth and advancement of the industry. VAPORESSO remains true to its original aspiration, believing that actions create the extraordinary. It is committed to adhering to its three core brand value – INNOVATION, RELIABILITY, and STYLE, aiming to address industry pain points with innovative solutions. With an unwavering commitment to excellence, VAPORESSO aims to establish itself as a trusted international leading brand, delivering unparalleled experiences to its valued users and customers. About VAPORESSO VAPORESSO was created in 2015 and is dedicated to establishing a smoke-free world while raising the quality of life for its users. Based on its continuous innovation, strict quality control, and substantial commitment, VAPORESSO creates products that can fit all levels and styles of vapers. For more information, please visit: https://www.vaporesso.com/awards The post Press Release: VAPORESSO Sets New Record with Over 130 Awards in 2023 appeared first on Vaping360. Просмотр полной статьи

Nov. 16, 2021 This article is an attempt to list all of the companies challenging the FDA’s Marketing Denial Orders (MDOs) in court, and to follow up on additional actions, including motions, stays, and decisions. We will also list administrative stays (or denials) issued by the FDA, based on MDO reviews conducted by the agency. More than 30 companies have taken legal action to dispute FDA denials. We’ve overhauled this article, making it easier to navigate. You can now view legal and administrative actions by date (with the newest events listed first) or by the companies involved (listed alphabetically). You can navigate to either section, or to our list of Vaping360 articles about MDO events, using the quick links at the top of the page. The original article was posted Oct. 18, but many of the events predated the article. It is possible there are still companies that have filed legal challenges to MDOs we aren’t aware of. If you know of any, please comment or contact me. Likewise, if you’re aware of companies receiving denials of administrative review applications, please let us know. Legal actions listed by date (newest first) Jan. 3, 2024 The Fifth Circuit ruled 10-6 for Triton and Vapetasia, granting their consolidated appeal, and sending their PMTAs back to the FDA for review. Nov. 14, 2023 A Tenth Circuit Court panel heard oral arguments from Electric Clouds and Cloud Nine Vapor Products, and the FDA, in the companies’ appeal of FDA MDOs. The cases were previously consolidated (date unknown). Oct. 19, 2023 – A Third Circuit Court panel decided 2-1 to deny Logic’s appeal of MDOs for Logic Power and Logic Pro menthol refills, issued a year ago. Judge David Porter dissented, noting that he believed the FDA’s sudden decision to treat menthol vapes like other flavors was a political rather than a scientific decision. Logic could now ask for an en banc rehearing with all Third Circuit judges, or request a hearing by the Supreme Court. – The Fifth Circuit consolidated R.J. Reynolds’ appeals of its Vuse Alto menthol pod MDO and Vuse Vibe menthol refill MDO, according to attorney Gregory Troutman. (The Vuse Solo menthol refill MDO appeal may have been previously consolidated with the Vibe appeal.) Oct. 16, 2023 The Fifth Circuit issued a temporary stay of the MDO issued to R.J. Reynolds for its Vuse Alto menthol pods on Oct. 13. Oct. 10, 2023 The Supreme Court refused to hear AVAIL Vapor’s appeal of its loss in the Fourth Circuit. The case was rejected without comment. According to legal expert Jonathan Adler, the Court may be waiting for a broader split of opinions among the circuit courts and a stronger case to hear. Sept. 14, 2023 Lotus Vaping Technologies’ motion for an en banc rehearing of its petition for review was denied by the Ninth Circuit. Aug. 29, 2023 A three-judge panel of the D.C. Circuit issued a divided decision in the Fontem US myblu appeal, granting Fontem’s petition for review of the MDOs for the myblu device and tobacco-flavored pods, and denying the company’s appeal of MDOs for most pods in flavors other than tobacco. Aug. 21, 2023 Lotus Vaping Technologies filed a motion in the Ninth Circuit for an en banc rehearing of its petition for review. July 7, 2023 A three-judge panel of the Ninth Circuit ruled unanimously to deny the consolidated Lotus Vaping Technologies/Nude Nicotine petition for review. The companies could now ask for an en banc rehearing with all active Ninth Circuit judges, or request a hearing by the Supreme Court. June 27, 2023 The Fifth Circuit denied a motion (filed earlier in June) by the FDA to transfer R.J. Reynolds’ Vuse menthol MDO appeal to the District of Columbia Circuit Court. June 16, 2023 A Second Circuit three-judge panel unanimously denied Magellan’s petition for review of its MDO for flavored Juno refill pods. June 15, 2023 The Fifth Circuit granted R.J. Reynolds’ motion (filed yesterday) to stay the merits briefing in its appeal of the MDO for menthol Vuse products until after the court decision in the Triton Distribution rehearing. (Reported by attorney Greg Troutman.) June 14,2023 R.J. Reynolds filed a motion asking the Fifth Circuit to stay the merits briefing in its appeal of the MDO for menthol Vuse products until after the court decision in the Triton Distribution rehearing. (The Triton case covers many of the same issues.) June 14, 2023 An amicus brief was filed today by a group of experts including David Abrams, Clive Bates and David Sweanor in support of AVAIL Vapor’s Supreme Court appeal of the company’s loss in the Fourth Circuit. A separate amicus brief was filed today by the Vapor Technology Association (VTA). May 31, 2023 An amicus brief was filed today by the Washington Legal Foundation, supporting AVAIL Vapor’s Supreme Court appeal of its loss in the Fourth Circuit. May 16, 2023 Triton Distribution/Vapetasia and the FDA engaged in oral arguments before the full Fifth Circuit. Triton argued in favor of its petition for review, and the FDA defended its MDOs. May 11, 2023 AVAIL Vapor appealed the Fourth Circuit’s denial of its petition for review to the Supreme Court, asking for a writ of certiorari that would allow a fresh look at the deficiencies of the PMTA process by the high court. May 9, 2023 The Third Circuit heard oral arguments from Logic and the FDA supporting and opposing Logic’s petition for review of the MDOs for Logic’s menthol refills. April 7, 2023 The FDA petitioned the Fifth Circuit to rehear its decision granting R.J. Reynolds a stay pending review of the FDA’s MDO of Vuse Vibe menthol refills. The FDA requests an en banc (full-court) review, to be heard in conjunction with the court’s en banc review of Triton Distribution’s MDO appeal (scheduled for oral arguments May 16). In addition to other grounds for granting a rehearing, the FDA petition challenges Reynolds’ right under the Tobacco Control Act to appeal the Vuse MDO in the Fifth Circuit, which is not, says the FDA, the circuit appeals court closest to Reynolds’ “principal place of business.” March 23, 2023 The Fifth Circuit granted a stay pending review of the MDO for the Vuse Vibe menthol refill. (Reynolds dropped its appeal of the Vuse Ciro refills because it no longer sells that product). March 20, 2023 The Fifth Circuit granted R.J. Reynolds a temporary stay of the March 17 Vuse Solo menthol refill MDO. The temporary stay will be in effect pending a motion for a stay pending appeal. Feb. 6, 2023 The Second Circuit heard oral arguments in Magellan’s appeal of the MDO for its Juno-brand refill pods. Jan. 25, 2023 – The Fifth Circuit granted R.J. Reynolds a temporary stay of the MDO issued yesterday for Vuse Vibe and Ciro menthol refills. The temporary stay will be in effect pending a motion for a stay pending appeal. – The D.C. Circuit Court heard oral arguments from Fontem US and the FDA regarding MDOs issued for the myblu device and multiple flavored refill pods. Jan. 19, 2023 The Fifth Circuit Court granted Triton Distribution and Vapetasia a rare en banc rehearing of their MDO appeal, which a three-judge Fifth Circuit panel denied last year. In the en banc rehearing, all active judges on the Fifth Circuit will rehear the case. Dec. 12, 2022 A three-judge panel of the Fourth Circuit ruled unanimously to deny AVAIL Vapor’s petition for review of its MDO. The company could now ask for an en banc rehearing with all Fourth Circuit judges, or request a hearing by the Supreme Court. Oct. 28, 2022 The Third Circuit granted Logic LLC a temporary stay of two MDOs issued Oct. 26. The court set a seven-day deadline for a motion to stay the denials pending appeal. Oct. 27, 2022 – A three-judge panel of the Third Circuit ruled unanimously to deny Liquid Labs’ petition for review of its MDO. The company could now ask for an en banc rehearing with all Third Circuit judges, or request a hearing by the Supreme Court. – Logic LLC filed a petition for review in the Third Circuit of the MDO issued Oct. 26 for its menthol-flavored refills. The company also filed an emergency motion for a temporary stay of the MDO. Oct. 11, 2022 Triton Distribution/Vapetasia filed a reply brief addressing the FDA’s Sept. 30 response to the Triton petition for en banc review in the Fifth Circuit. Sept. 30, 2022 The FDA filed its response to the Sept. 1 Triton Distribution/Vapetasia motion for en banc review in the Fifth Circuit. Sept. 20, 2022 Juul Labs sued the FDA in the U.S. District Court for D.C., charging the agency improperly withheld documents requested by Juul under the Freedom of Information Act (FOIA). The documents are related to the June 23 MDO issued to Juul. Sept. 1, 2022 Triton Distribution and Vapetasia petitioned the Fifth Circuit Court for both panel and en banc rehearings of their case (panel rehearing means a rehearing by the original three-judge panel that voted in the FDA’s favor; en banc is a full rehearing by the whole court). The petitions are based partly on the FDA not including its “bracketing and bundling” memo in the administrative record (thus hiding it from the vape company petitioners); and on the panel judges’ misunderstanding of the requirements the FDA imposed on manufacturers submitting PMTAs. Aug. 29, 2022 The Seventh Circuit Court of Appeals denied the petition for review filed by Gripum LLC. The company could now ask for an en banc rehearing with all Seventh Circuit judges, or request a hearing by the Supreme Court. Aug. 23, 2022 The Eleventh Circuit Court found in favor of six manufacturers—Bidi Vapor, Diamond Vapor, Johnny Copper, Pop Vapor Co., Union Street Brands, and Vapor Unlimited. The ruling vacates their MDOs and forces the FDA to conduct new reviews of the companies’ PMTAs. Aug. 4, 2022 The Ninth Circuit Court has consolidated appeals by Lotus Vaping Technologies and Nude Nicotine (date of action unknown). Oral arguments are scheduled for Aug. 11, according to attorney Lance Churchill. They can be heard at 9:30 a.m. PDT at this site. July 26, 2022 The D.C. Circuit Court of Appeals denied petitions for review filed by four manufacturers—Prohibition Juice Co., Cool Breeze Vapor, Ecig Charleston, and Jay Shore Liquids. The cases had been consolidated by the court. The companies could now ask for an en banc rehearing with all D.C. Circuit judges, or request a hearing by the Supreme Court. July 25, 2022 The D.C. Circuit Court denied Fontem US’s emergency motion for a stay, leaving the myblu MDO in effect. The court set a schedule for briefs to be filed in the appeal, with the first brief from Fontem due by Aug. 10. July 19, 2022 In a Ninth Circuit Court filing, the FDA admitted it may not make a decision on MVO’s administrative appeal until January 2024. July 18, 2022 The Fifth Circuit ruled against Triton Distribution and Vapetasia in their appeal of MDOs issued last year. The vote was 2-1, with Judge Edith Jones issuing a blistering dissent. The companies say they will ask the court to grant an en banc rehearing of their petitions, with all active Fifth Circuit judges participating. July 12, 2022 In the D.C. Circuit Court, Fontem US filed an emergency motion for a stay of its MDO for the myblu device and refill pods. July 6, 2022 Juul Labs and the FDA filed a joint motion asking the D.C. Circuit Court to hold Juul’s legal challenge in abeyance (pausing the process) until the FDA has completed its administrative review. Juul also withdrew its emergency motion for a stay pending review (which can be refiled if the FDA denies Juul’s appeal). July 5, 2022 The FDA granted Juul an administrative stay of its MDO, agreeing not to take enforcement action while the FDA “supervisory review” is in progress. June 27, 2022 Juul filed an emergency motion in the D.C. Circuit for a stay pending review. FDA’s response is due July 7. June 24, 2022 Juul Labs filed a petition in the D.C. Circuit for review of its MDO, and asked the court to temporarily stay the MDO until Juul is able to file a motion for a full stay pending review. The temporary stay was granted later the same day. May 17, 2022 The Eleventh Circuit Court heard oral arguments from lawyers for the FDA and Bidi Vapor, Pop Vapor, and a consolidated case including Diamond Vapor, Johnny Copper, Union Street Brands, Vapornine and Vapor Unlimited. (The links are downloadable MP3s. You can also listen on the court’s website.) April 22, 2022 Vapor Voice reported on April 22 that Simple Vapor had voluntarily withdrawn its petition for review in the Sixth Circuit. Date of action unknown. April 20, 2022 The Seventh Circuit heard oral arguments from lawyers for Gripum and the FDA. March 14, 2022 The Eleventh Circuit Court stayed enforcement of Pop Vapor’s MDO pending review, according to Vapor Voice. March 1, 2022 The FDA rescinded Al Khalifa Group’s MDO after an administrative review (according to the FDA’s official MDO list updated April 25). Date unknown: Al Khalifa voluntarily withdrew its petition to the Ninth Circuit Court, according to Vapor Voice. Feb. 23, 2022 AVAIL Vapor lost its FDA appeal. (The company is also appealing its MDO in the Fourth Circuit.) Feb. 10, 2022 Breeze Smoke voluntarily withdrew its MDO appeal to the Sixth Circuit (which had been scheduled for oral arguments Feb. 22), according to Vapor Voice. Feb. 9, 2022 The D.C. Circuit scheduled oral arguments in a consolidated case for April 21. The four petitioners—Cool Breeze Vapor, ECig Charleston, Jay Shore Liquids, and Prohibition Juice Co.—are all represented by the Texas-based Najvar Law Firm. Feb. 2, 2022 After FDA withdrew its MDO in October, Fumizer’s action against the FDA was dismissed by the Ninth Circuit for “failure to prosecute,” according to Vapor Voice. Feb. 1, 2022 MDOs for Bidi Vapor, Diamond Vapor, Johnny Copper, and Vapor Unlimited MDOs were all stayed by the Eleventh Circuit pending review. The court ordered these four cases, and three others that did not receive stays—Pop Vapor Co., Union Street Brands, and Vapornine (New Leaf Vapor Co.)—to appear together for oral arguments on a date to be set later. Jan. 31, 2022 The Fifth Circuit heard oral arguments from attorneys for Triton Distribution and the FDA. Jan. 28, 2022 The Fifth Circuit issued a “stay of proceedings…for American Vapor, Inc.s petition pending a decision in [Triton Distribution’s review]” (reported in the FDA’s official MDO list updated Feb. 3). Vapor Voice reported later (April 22) that American Vapor had voluntarily withdrawn its petition for review. Dec. 30, 2021 An amicus brief in support of Gripum’s petition was filed in the Seventh Circuit by David Abrams, Clive Bates, and David Sweanor. Dec. 10, 2021 The Supreme Court denied Breeze Smoke’s emergency application for a stay of its MDO. The Sixth Circuit Court will now consider Breeze Smoke’s petition for review, but the company will be subject to FDA enforcement if it continues selling the denied products during the appeal. Dec. 7, 2021 Breeze Smoke responded to the FDA’s brief filed yesterday opposing Breeze Smoke’s application to the Supreme Court for a stay of its MDO. Dec. 6, 2021 The FDA filed a memorandum in opposition to Breeze Smoke’s application for a stay of its MDO with the Supreme Court. In the brief, the agency claimed that Breeze Smoke’s products were introduced after Aug. 8, 2016—the cutoff date for products allowed to remain on the market (until Sept. 9, 2020) without first being authorized by the FDA. Nov. 29, 2021 – Supreme Court Justice Brett Kavanaugh asked the FDA to respond to Breeze Smoke’s application for a stay by Monday, Dec. 6. – The Fifth Circuit granted stays pending review to Cloud House, Paradigm, STW Global Supply, SV Packaging, and Vaporized, and consolidated the cases. The stay motions were unopposed by the FDA. Nov. 24, 2021 – An amicus brief in support of Bidi Vapor’s petition for review was filed in the Eleventh Circuit by David Abrams, Clive Bates, and David Sweanor. – An amicus brief in support of My Vape Order’s petition for review was filed in the Ninth Circuit by David Abrams, Clive Bates, and David Sweanor. Nov. 23, 2021 – Breeze Smoke applied to the Supreme Court for an emergency stay pending circuit court review of its MDO. – Pop Vapor Co.’s MDO was partially rescinded by the FDA (according to the FDA’s official MDO list updated Feb. 17). Nov. 19, 2021 Bidi Vapor filed its opening brief in the Eleventh Circuit, and requested the court allow oral argument. Nov. 17, 2021 An amicus brief in support of Triton Distribution’s petition for review was filed in the Fifth Circuit by David Abrams, Clive Bates, and David Sweanor. Nov. 12, 2021 Breeze Smoke’s motion for a stay was denied by the Sixth Circuit. Nov. 4, 2021 Gripum’s MDO was stayed by the Seventh Circuit Court pending review. Nov. 3, 2021 Al Khalifa Group’s MDO was stayed by the FDA pending administrative review (according to the FDA’s official MDO list updated Feb. 17). Nov. 2, 2021 Humble Juice’s MDO was rescinded by the FDA (according to the FDA’s official MDO list updated Nov. 3), and the products were moved back into scientific review. Tobacco Reporter reported that Humble Juice withdrew its petition for review in the Ninth Circuit after the FDA recission of its MDO. Nov. 1, 2021 AVAIL Vapor’s MDO was stayed by the FDA pending administrative review. Oct. 26, 2021 – ECS Global’s MDO was partially rescinded by the FDA (according to the FDA’s official MDO list updated Nov. 3) and the products were moved back into scientific review. – The Triton Distribution and Vapetasia cases were consolidated by the Fifth Circuit, and both MDOs were stayed by the court pending review. Oct. 25, 2021 Bidi Vapor filed a motion for a stay in the Eleventh Circuit pending court review of its MDO. Oct. 22, 2021 – Bidi Vapor’s MDO was stayed by the FDA pending administrative review. – Fumizer’s MDO was rescinded by the FDA and the products moved back into scientific review. – Gripum replied in a court filing to the FDA’s filing opposing a stay. Oct. 19, 2021 Gripum’s MDO was temporarily stayed by the Seventh Circuit while the company’s motion for a stay is considered. Oct. 18, 2021 My Vape Order’s MDO was stayed by the FDA pending administrative review. Oct. 17, 2021 Gripum filed an emergency motion for a stay in the Seventh Circuit pending court review of the company’s MDO. Oct. 14, 2021 Triton Distribution responded to the FDA in a court filing. Oct. 13, 2021 Breeze Smoke filed an emergency motion for a stay in the Sixth Circuit pending court review of its MDO. Oct. 12, 2021 The FDA responded to Triton Distribution’s emergency motion for a stay. Oct. 8, 2021 Turning Point Brands withdrew its petition for review after the FDA’s rescission of Turning Point’s MDO. Oct. 7, 2021 The FDA rescinded Turning Point Brands’ MDO, claiming the agency missed evidence included in the company’s PMTA. Turning Point’s products were moved back into scientific review. Oct. 6, 2021 Triton Distribution filed an emergency motion for a stay in the Fifth Circuit pending court review of its MDO, and requested expedited consideration of the motion. Sept. 30, 2021 Turning Point Brands filed an emergency motion for a stay pending court review of its MDO, and requested expedited consideration of the motion. Legal actions listed by company (alphabetical) 7 Daze LLC – Petition for review filed Oct. 7, 2021 – Ninth Circuit Court of Appeals Al Khalifa Group LLC – Petition for review filed in 2021 (exact date unknown) – Ninth Circuit Court of Appeals – Nov.3, 2021: Al Khalifa Group MDO stayed by FDA pending administrative review. – March 1, 2022: FDA rescinded Al Khalifa Group’s MDO after administrative review. – (date unknown): Al Khalifa voluntarily withdrew its petition for review, according to Vapor Voice. American Vapor, Inc. – Petition for review filed in 2021 (exact date unknown)– Fifth Circuit Court of Appeals – Jan. 28, 2022: Court “issued a stay of proceedings for American Vapor, Inc.s petition pending a decision in [Triton Distribution’s petition]” (according to FDA’s official MDO list updated Feb. 3). – (2022 – date unknown): Vapor Voice reported April 22 that American Vapor withdrew its petition to the court. AVAIL Vapor, LLC – Petition for review filed Sept. 30, 2021 – Fourth Circuit Court of Appeals – Nov. 1, 2021: AVAIL MDO stayed by FDA pending administrative review. – Feb. 23, 2022: FDA denied AVAIL’s appeal. – Dec. 12: A three-judge Fifth Circuit panel decided unanimously to deny AVAIL’s petition for review of its MDO. The company could now ask for an en banc rehearing with all active Fourth Circuit judges, or request a hearing by the Supreme Court. – May 11, 2023: AVAIL appealed the Fourth Circuit’s denial of its petition for review to the Supreme Court, asking for a writ of certiorari that would allow a fresh look at the deficiencies of the PMTA process by the high court. – May 31: An amicus brief was filed today by the Washington Legal Foundation, supporting AVAIL’s Supreme Court appeal. – June 14: An amicus brief was filed today by a group of experts including David Abrams, Clive Bates and David Sweanor supporting AVAIL’s Supreme Court appeal. A separate brief was filed today by the Vapor Technology Association (VTA). – Oct. 10: The Supreme Court refused to hear AVAIL’s appeal of its loss in the Fourth Circuit. The case was rejected without comment. According to legal expert Jonathan Adler, the Court may be waiting for a broader split of opinions among the circuit courts and a stronger case to hear. Bad Modder Fogger (BMF Labs) – Petition for review filed Oct. 4, 2021 – Fourth Circuit Court of Appeals Bidi Vapor LLC – Petition for review and motion for expedited review filed Sept. 29, 2021 – Eleventh Circuit Court of Appeals – Oct. 22, 2021: Bidi Vapor’s MDO was stayed by FDA pending administrative review. – Oct. 25: Bidi filed a motion for a stay pending court review of its MDO. – Nov. 19: Bidi filed its opening brief and requested the court allow oral argument. – Nov. 24: An amicus brief in support of Bidi Vapor’s petition was filed by David Abrams, Clive Bates and David Sweanor. – Feb. 1, 2022: Bidi’s MDO was stayed by the court pending review. – May 17: The court heard oral argument from Bidi Vapor and the FDA. – Aug. 23: The court ruled in favor of Bidi Vapor and five other petitioners, nullifying their MDOs and putting their PMTAs back into FDA scientific review. Breeze Smoke, LLC – Petition for review filed Oct. 4, 2021 – Sixth Circuit Court of Appeals – Oct. 13, 2021: Breeze Smoke files an emergency motion for a stay pending court review of its MDO. – Nov. 12: Breeze Smoke’s motion for a stay was denied by the court. – Nov. 23: Breeze Smoke applied to the Supreme Court for a stay pending review by the circuit court of its MDO. – Nov. 29: Supreme Court Justice Brett Kavanaugh asks the FDA to respond to Breeze Smoke’s application for a stay by Monday, Dec. 6. – Dec. 6: FDA files its memorandum in opposition to Breeze Smoke’s application for a stay of its MDO by the Supreme Court. – Dec. 7: Breeze Smoke responded to the FDA brief filed yesterday opposing Breeze Smoke’s application to the Supreme Court for a stay of its MDO. Breeze Smoke also filed a supplemental declaration from employee Steven Haddad in which Haddad claims that Breeze Smoke “developed the ENDS products that are the subject of its September 3, 2020 PMTAs by building on the specifications of the Arctic Smoke product, which had been on the market well before FDA ‘deemed’ e-cigarette products effective August 8, 2016.” – Dec. 10: The Supreme Court denied Breeze Smoke’s emergency application for a stay of its MDO. The full review of Breeze Smoke’s MDO will now proceed in the Sixth Circuit, but the company will be subject to FDA enforcement if it continues selling the denied products during the court review. – Feb. 10, 2022: Breeze Smoke voluntarily withdrew its petition to the Sixth Circuit (which had been scheduled for oral arguments Feb. 22), according to Vapor Voice. Cloud House LLC – Petition for review filed Oct. 8, 2021 – Fifth Circuit Court of Appeals – Nov. 29, 2021:The Fifth Circuit grants a stay of Cloud House’s MDO pending appeal (the motion was unopposed by the FDA), and consolidated five petitions: Cloud House, Paradigm, STW Global Supply, SV Packaging, and Vaporized. Cloud Nine Vapor Products – Petition for review filed Oct. 8, 2021 – Tenth Circuit Court of Appeals – Date unknown: consolidated with Electric Clouds appeal – Nov. 14, 2023: Tenth Circuit hears oral arguments Cool Breeze Vapor LLC – Petition for review filed in 2021 (exact date unknown) – District of Columbia Circuit Court of Appeals – (2021/22 – date unknown): The D.C. Circuit consolidated the appeals of Cool Breeze Vapor, ECig Charleston, Jay Shore Liquids, and Prohibition Juice Co. – Feb. 4, 2022: The FDA filed a brief supporting its MDOs. – Feb. 9: The D.C. Circuit scheduled oral arguments in the consolidated case for April 21. – July 26: The D.C. Circuit denied petitions for review filed by Cool Breeze Vapor and three other manufacturers in a consolidated appeal. The petitioners could now ask for an en banc rehearing with all active D.C. Circuit judges, or request a hearing by the Supreme Court. Diamond Vapor LLC – Petition for review filed Oct. 1, 2021 – Eleventh Circuit Court of Appeals – Feb. 1, 2022: Diamond Vapor’s MDO was stayed by the Eleventh Circuit pending review. – May 17: The court heard oral arguments from the FDA and Diamond Vapor (and co-petitioners). – Aug. 23: The court ruled in favor of Diamond Vapor and five other petitioners, nullifying their MDOs and putting their PMTAs back into FDA scientific review. E-Liquid Brands, LLC – Petition for review filed Oct. 7, 2021 – Fourth Circuit Court of Appeals ECig Charleston LLC – Petition for review filed in 2021 (exact date unknown) – District of Columbia Circuit Court of Appeals – (2021/22 – date unknown): The D.C. Circuit consolidated the appeals of Cool Breeze Vapor, ECig Charleston, Jay Shore Liquids, and Prohibition Juice Co. – Feb. 4, 2022: The FDA filed a brief supporting its MDOs. – Feb. 9: The D.C. Circuit scheduled oral arguments in the consolidated case for April 21. – July 26: The D.C. Circuit denied petitions for review filed by ECig Charleston and three other manufacturers in a consolidated appeal. The petitioners could now ask for an en banc rehearing with all active D.C. Circuit judges, or request a hearing by the Supreme Court. ECS Global LLC – Petition for review filed Oct. 12, 2021 – District of Columbia Circuit Court of Appeals. (ECS Global received MDOs for Phix pod-vape devices and prefilled Phix pods.) – Oct. 26: ECS Global’s MDO was partially rescinded by the FDA (according to the FDA’s official MDO list updated Nov. 3) and products were moved back into scientific review. Electric Clouds – Petition for review filed Oct. 8, 2021 – Tenth Circuit Court of Appeals – Date unknown: consolidated with Cloud Nine Vapor Products appeal – Nov. 14, 2023: Tenth Circuit hears oral arguments Fontem US, LLC – Petition for review filed May 6, 2022 – District of Columbia Circuit Court of Appeals. (Fontem, a subsidiary of Imperial Brands, received MDOs for the myblu device and refill pods) – July 12, 2022: Fontem filed an emergency motion for a stay of its MDO. – July 25: The court denied Fontem’s emergency motion for a stay, leaving the myblu MDO in effect. The court set a schedule for briefs to be filed in the appeal, with the first brief from Fontem due Aug. 10. – Jan. 25, 2023: The court heard oral arguments from Fontem and the FDA. – Aug. 29: A three-judge panel of the D.C. Circuit issued a divided decision on the myblu appeal, granting Fontem’s petition for review of the MDOs for the myblu device and tobacco-flavored pods, and denying the company’s appeal of MDOs for most pods in flavors other than tobacco. Fumizer, LLC – Petition for review filed Oct. 6, 2021 – Ninth Circuit Court of Appeals. – Oct. 22, 2021: Fumizer’s MDO was rescinded by the FDA and the products were moved back into scientific review. – Feb 2, 2022: The Ninth Circuit dismissed Fumizer’s appeal for “failure to prosecute,” according to Vapor Voice (which does not affect the FDA review already granted). Gripum LLC – Petition for review filed Oct. 8, 2021 – Seventh Circuit Court of Appeals – Oct. 17: Gripum filed an emergency motion for a stay pending court review of its MDO. – Oct. 19: Gripum’s MDO was temporarily stayed by court while the motion is considered. – Oct. 27: Gripum replied in a court filing to the FDA filing opposing a stay. – Nov. 4: Gripum’s MDO was stayed by court pending review. – Dec. 27: Gripum filed a brief preceding oral arguments. – Dec. 30: An amicus brief in support of Gripum’s petition was filed by David Abrams, Clive Bates, and David Sweanor. – April 20, 2022: The court heard oral arguments from Gripum and the FDA. – Aug. 29: The court denied Gripum’s petition for review. The company could now ask for an en banc rehearing with all active Seventh Circuit judges, or request a hearing by the Supreme Court. Humble Juice Co., LLC – Petition for review filed in October 2021 (exact date unknown) – Ninth Circuit Court of Appeals – Nov. 2, 2021: Humble Juice’s MDO was rescinded by the FDA (according to FDA’s official MDO list updated Nov. 3) and the products were moved back into scientific review. Tobacco Reporter reports that Humble Juice then withdrew its petition for review. Jay Shore Liquids LLC – Petition for review filed in 2021 (exact date unknown) – District of Columbia Circuit Court of Appeals – (2021/22 – date unknown): The D.C. Circuit consolidated the appeals of Cool Breeze Vapor, ECig Charleston, Jay Shore Liquids, and Prohibition Juice Co. – Feb. 4, 2022: The FDA filed a brief supporting its MDOs. – Feb. 9: The D.C. Circuit scheduled oral arguments in the consolidated case for April 21. – July 26: The D.C. Circuit denied petitions for review filed by Jay Shore Liquids and three other manufacturers in a consolidated appeal. The petitioners could now ask for an en banc rehearing with all active D.C. Circuit judges, or request a hearing by the Supreme Court. Johnny Copper LLC – Petition for review filed Oct. 7, 2021 – Eleventh Circuit Court of Appeals – Feb. 1, 2022: Johnny Copper’s MDO was stayed by the court pending review. – May 17: The court heard oral arguments from the FDA and Johnny Copper (and four co-petitioners). – Aug. 23: The court ruled in favor of Johnny Copper and five other petitioners, nullifying their MDOs and putting their PMTAs back into FDA scientific review. Juul Labs, Inc. – Petition for review filed June 24, 2022 – District of Columbia Circuit Court of Appeals – June 24, 2022: Juul Labs filed a petition for review of its MDO, and asked the court to temporarily stay the MDO until Juul is able to file a motion for a full stay pending review. The temporary stay is granted later the same day. – June 27: Juul filed an emergency motion for a stay pending review. The FDA’s response is due July 7. – July 5: The FDA granted Juul an administrative stay of its MDO, agreeing not to take enforcement action while the FDA “supervisory review” is in progress. – July 6: Juul Labs and the FDA filed a joint motion asking the court to hold Juul’s legal challenge in abeyance (pause the process) until the FDA has completed its administrative review. Juul also withdrew its pending emergency motion for a stay pending review in the D.C. Circuit (which can be refiled if FDA denies Juul’s appeal). – Sept. 20: Juul Labs filed a lawsuit against the FDA in the U.S. District Court for D.C., charging the agency improperly withheld documents requested by Juul under the Freedom of Information Act (FOIA). The documents are related to the MDO issued to Juul on June 23. Liquid Labs LLC – Petition for review filed Oct. 12, 2021 – Third Circuit Court of Appeals – Oct. 27, 2022: A Third Circuit panel unanimously denied Liquid Labs’ petition for review of MDO. The company could now ask for an en banc rehearing with all Third Circuit judges, or request a hearing by the Supreme Court. Logic Technology Development (Logic LLC) – Petition for review filed Oct. 27, 2022 – Third Circuit Court of Appeals – Oct. 26, 2022: Logic received MDOs for two menthol-flavored refills. – Oct. 27: Logic LLC filed a petition for review of the MDO issued Oct. 26 for its menthol-flavored refills. The company also filed an emergency motion for a temporary stay of the MDO. – Oct. 28: The Third Circuit granted Logic a temporary stay of its MDO, and set a seven-day deadline for a motion to stay the denials pending appeal. – May 9, 2023: The Third Circuit heard oral arguments from Logic and the FDA supporting and opposing Logic’s petition for review of the FDA’s MDOs for Logic’s menthol refills. – Oct. 19, 2023: A Third Circuit Court panel decided 2-1 to deny Logic’s appeal of MDOs for Logic Power and Logic Pro menthol refills, issued a year ago. Judge David Porter dissented, noting that he believed the FDA’s sudden decision to treat menthol vapes like other flavors was a political rather than a scientific decision. Logic could now ask for an en banc rehearing with all Third Circuit judges, or request a hearing by the Supreme Court. Lotus Vaping Technologies, LLC – Petition for review filed Oct. 14, 2021 – Ninth Circuit Court of Appeals – Aug. 4, 2022 update: The Ninth Circuit consolidated Lotus’s petition with Nude Nicotine’s (date unknown). According to attorney Lance Churchill, oral arguments are scheduled for Aug. 11. – July 7, 2023: A three-judge panel of the Ninth Circuit ruled unanimously to deny the consolidated Lotus/Nude Nicotine petition for review. The companies could now ask for an en banc rehearing with all active Ninth Circuit judges, or request a hearing by the Supreme Court. – Aug. 21: Lotus filed a motion with the Ninth Circuit, asking for an en banc rehearing. – Sept. 14: Lotus’ motion for an en banc rehearing of its petition for review was denied by the Ninth Circuit. Magellan Technology, Inc. – Petition for review filed Sept. 24, 2021 – Second Circuit Court of Appeals – Feb. 6, 2023: The Second Circuit heard oral arguments in Magellan’s appeal of the MDO for Juno-brand refill pods. – June 16: A Second Circuit panel ruled unanimously to deny Magellan’s petition for review of the MDO for its flavored Juno refill pods. The company could now ask for an en banc rehearing with all active Second Circuit judges, or request a hearing by the Supreme Court. My Vape Order, Inc. – Petition for review filed Sept. 30, 2021 – Ninth Circuit Court of Appeals – Oct. 18, 2021: My Vape Order’s MDO was stayed by the FDA pending administrative review. – Nov. 24: An amicus brief in support of My Vape Order’s petition was filed by David Abrams, Clive Bates and David Sweanor. – Jan. 5, 2022: The court agreed to hold MVO’s appeal in abeyance (put it on hold) pending the outcome of the FDA’s administrative appeals process. – Jan. 19: The FDA “partially rescinded” MVO’s MDO “with respect to certain products.” – July 19: In a court filing, the FDA admitted it may not make a decision on MVO’s appeal until January 2024. New World Wholesale, Inc. & Shenzhen Goldreams Technology Co., Ltd. – Petition for review filed Oct. 11, 2021 – Fifth Circuit Court of Appeals Nude Nicotine, Inc. – Petition for review filed Oct. 6 – Ninth Circuit Court of Appeals – Aug. 4, 2022 update: The Ninth Circuit consolidated Nude Nicotine’s appeal with Lotus Vaping Technologies’ (date unknown). According to attorney Lance Churchill, oral arguments are scheduled for Aug. 11. – July 7, 2023: A three-judge panel of the Ninth Circuit ruled unanimously to deny the consolidated Lotus/Nude Nicotine petition for review. The companies could now ask for an en banc rehearing with all active Ninth Circuit judges, or request a hearing by the Supreme Court. Paradigm Distribution – Petition for review filed Oct. 11, 2021 – Fifth Circuit Court of Appeals – Nov. 29, 2021:The Fifth Circuit granted a stay of Paradigm’s MDO pending appeal (the motion was unopposed by the FDA), and consolidated five petitions: Cloud House, Paradigm, STW Global Supply, SV Packaging, and Vaporized. Pop Vapor Co. LLC – Petition for review filed in 2021 (exact date unknown)– Eleventh Circuit Court of Appeals – Nov. 23, 2021: Pop Vapor Co.’s MDO was partially rescinded (according to FDA’s official MDO list updated Feb. 17). – March 14, 2022: The Eleventh Circuit stayed FDA enforcement of Pop Vapor’s MDO pending review, according to Vapor Voice. – May 17: The court heard oral argument from Pop Vapor and FDA. – Aug. 23: The court ruled in favor of Pop Vapor Co. and five other petitioners, nullifying their MDOs and putting their PMTAs back into FDA review. Prohibition Juice Co. – Petition for review filed Oct. 13, 2021 – District of Columbia Circuit Court of Appeals – (2021/22 – date unknown): The D.C. Circuit consolidated the appeals of Cool Breeze Vapor, ECig Charleston, Jay Shore Liquids, and Prohibition Juice Co. – Feb. 4, 2022: The FDA filed a brief supporting its MDOs. – Feb. 9: The D.C. Circuit scheduled oral arguments in the consolidated case for April 21. – July 26: The D.C. Circuit denied petitions for review filed by Prohibition Juice Co. and three other manufacturers in a consolidated appeal. The petitioners could now ask for an en banc rehearing with all active D.C. Circuit judges, or request a hearing by the Supreme Court. R.J. Reynolds Vapor Co. (Vuse Alto menthol refills MDO) – Petition for review filed Oct. 13, 2023 – Fifth Circuit Court of Appeals – Oct. 16, 2023: The Fifth Circuit issued a temporary stay of the MDO issued to R.J. Reynolds for its Vuse Alto menthol pods on Oct. 13. – Oct. 19,2023: The Fifth Circuit consolidated R.J. Reynolds’ appeals of its Vuse Alto menthol pod MDO and Vuse Vibe menthol refill MDO, according to attorney Gregory Troutman. (The Vuse Solo menthol refill MDO appeal may have been previously consolidated with the Vibe appeal.) R.J. Reynolds Vapor Co. (Vuse Ciro and Vibe menthol refills MDO) – Petition for review filed in January 2023 (exact date unknown) – Fifth Circuit Court of Appeals – Jan. 25, 2023: The Fifth Circuit granted Reynolds a temporary stay pending a motion for a stay pending appeal. – March 23: The Fifth Circuit granted a stay pending review of the MDO for the Vuse Vibe menthol refill. (Reynolds dropped its appeal of Vuse Ciro refills because it no longer sells that product). – April 7: The FDA petitioned the Fifth Circuit to rehear its decision granting R.J. Reynolds a stay pending review of the FDA’s MDO of Vuse Vibe menthol refills. The FDA requested an en banc (full-court) review, to be heard in conjunction with the court’s en banc review of Triton Distribution’s MDO appeal (scheduled for oral arguments May 16). In addition to other grounds for granting a rehearing, the FDA petition challenges Reynolds’ right under the Tobacco Control Act to appeal the Vuse MDO in the Fifth Circuit, which is not, says the FDA, the circuit appeals court closest to Reynolds’ “principal place of business.” – June 14: R.J. Reynolds filed a motion asking the Fifth Circuit to stay the merits briefing in its challenge to the FDA denial order for menthol Vuse products until after the court decision in the Triton rehearing. (The Triton case covers many of the same issues.) – June 15: The Fifth Circuit granted R.J. Reynolds’ motion (filed yesterday) to stay the merits briefing in its challenge to the FDA denial order for menthol Vuse products until after the court decision in the Triton rehearing. – June 27: The Fifth Circuit denied a motion (filed earlier in June) by the FDA to transfer R.J. Reynolds’ Vuse menthol MDO appeal to the D.C. Circuit Court. – Oct. 19,2023: The Fifth Circuit consolidated R.J. Reynolds’ appeals of its Vuse Alto menthol pod MDO and Vuse Vibe menthol refill MDO, according to attorney Gregory Troutman. (The Vuse Solo menthol refill MDO appeal may have been previously consolidated with the Vibe appeal.) R.J. Reynolds Vapor Co. (Vuse Solo menthol refills MDO) – Petition for review filed in 2023 (exact date unknown)– Fifth Circuit Court of Appeals – March 20, 2023: The Fifth Circuit granted Reynolds a temporary stay pending a motion for a stay pending appeal. – Oct. 19, 2023: The Fifth Circuit consolidated R.J. Reynolds’ appeals of its Vuse Alto menthol pod MDO and Vuse Vibe menthol refill MDO, according to attorney Gregory Troutman. (The Vuse Solo menthol refill MDO appeal may have been previously consolidated with the Vibe appeal.) Simple Vapor Company – Petition for review filed Oct. 12, 2021 – Sixth Circuit Court of Appeals – (date unknown): Vapor Voice reported on April 22, 2022 that Simple Vapor had voluntarily withdrawn its petition to the court. STW Global Supply, Inc. (incorrectly named “SWT Global Supply” on the FDA’s official MDO list) – Petition for review filed Oct. 1, 2021 – Fifth Circuit Court of Appeals – Nov. 29, 2021:The Fifth Circuit granted a stay of STW’s MDO pending appeal (the motion was unopposed by the FDA), and consolidated five petitions: Cloud House, Paradigm, STW Global Supply, SV Packaging, and Vaporized. SV Packaging, LLC (SAVEURVAPE) – Petition for review filed in 2021 (exact date unknown) – Fifth Circuit Court of Appeals – Nov. 29, 2021:The Fifth Circuit granted a stay of SV Packaging’s MDO pending appeal (the motion was unopposed by the FDA), and consolidated five petitions: Cloud House, Paradigm, STW Global Supply, SV Packaging, and Vaporized. Triton Distribution (also known as Wages and White Lion Investments, LLC) – Petition for review filed Oct. 6, 2021 – Fifth Circuit Court of Appeals – Oct. 6, 2021: Triton Distribution filed an emergency motion for a stay pending court review of its MDO and asked for expedited consideration of the motion. – Oct. 12: The FDA responded to Triton’s emergency motion in a court filing. – Oct. 14: Triton Distribution responded to the FDA’s opposition to a stay. – Oct. 26: The Triton Distribution and Vapetasia cases were consolidated by the Fifth Circuit, and both MDOs were stayed pending review. – Nov. 17: An amicus brief in support of Triton Distribution’s petition was filed by David Abrams, Clive Bates and David Sweanor. – Jan. 31, 2022: The Fifth Circuit heard oral arguments from attorneys for Triton Distribution/Vapetasia and the FDA. – July 18: The Fifth Circuit ruled against Triton Distribution and Vapetasia, denying their appeals of MDOs issued last year. The vote was 2-1, with Judge Edith Jones issuing a blistering dissent. The companies announced they will ask the court to grant an en banc rehearing of their petitions for review with all active Fifth Circuit judges participating. – Sept. 1: Triton Distribution and Vapetasia petitioned the court for both panel and en banc rehearings of their case (a panel rehearing is a rehearing by the original three-judge panel that voted in the FDA’s favor; an en banc review is a full rehearing by the entire court). The petitions were based partly on the FDA not including its “bracketing and bundling” memo in the administrative record (thus hiding it from the vape company petitioners); and also on the panel judges’ misunderstanding of the requirements FDA imposed on manufacturers submitting PMTAs. – Sept. 30: The FDA filed its response to the Triton/Vapetasia motion for en banc review. – Oct. 11: Triton/Vapetasia filed a reply brief addressing the FDA’s Sept. 30 response. – Jan. 19, 2023: The Fifth Circuit Court granted Triton Distribution and Vapetasia a rare en banc rehearing of their MDO appeal, which a three-judge panel from the same court denied last year. In the en banc rehearing, all active judges on the Fifth Circuit will rehear the case. The decision to rehear the case nullifies the previous decision. – May 16: Lawyers for Triton/Vapetasia and the FDA engaged in oral arguments before the full Fifth Circuit. Triton argued in favor of its petition for review of the agency’s MDOs, and the FDA defended its MDOs. – Jan. 3, 2024: The Fifth Circuit ruled 10-6 for Triton and Vapetasia, granting their consolidated appeal, and sending their PMTAs back to the FDA for review. Turning Point Brands, Inc. – Petition for review filed Sept. 23, 2021 – Sixth Circuit Court of Appeals – Sept. 30, 2021: Turning Point Brands filed an emergency motion for a stay pending court review of its MDO, and asked for expedited consideration of the motion. – Oct. 7: The FDA rescinded Turning Point Brands’ MDO, claiming the agency missed evidence included in the company’s PMTA. TPB’s products are moved back into scientific review. – Oct. 8: Turning Point Brands withdrew its petition for review after the FDA rescinded the company’s MDO. Union Street Brands – Petition for review probably filed in 2021 (exact date unknown)– Eleventh Circuit Court of Appeals – May 17, 2022: The court heard oral arguments from the FDA and Union Street Brands (and co-petitioners). – Aug. 23: The court ruled in favor of Union Street Brands and five other petitioners, nullifying their MDOs and putting their PMTAs back into FDA review. Vapetasia LLC – Petition for review filed in 2021 (exact date unknown) – Fifth Circuit Court of Appeals – Oct. 26, 2021: The Triton Distribution and Vapetasia cases were consolidated by the court, and both MDOs were stayed pending review. See the Triton Distribution entry for further developments. Vapor Unlimited LLC – Petition for review filed Oct. 8, 2021 – Eleventh Circuit Court of Appeals – Feb. 1, 2022: Vapor Unlimited’s MDO was stayed by the Eleventh Circuit pending review. – May 17: The court heard oral arguments from the FDA and Vapor Unlimited (and co-petitioners). – Aug. 23: The Eleventh Circuit ruled in favor of Vapor Unlimited and five other petitioners, nullifying their MDOs and putting their PMTAs back into FDA review. Vaporized, Inc. – Petition for review filed Oct. 11, 2021 – Fifth Circuit Court of Appeals – Nov. 29, 2021:The Fifth Circuit granted a stay of Vaporized’s MDO pending appeal (the motion was unopposed by the FDA), and consolidated five petitions: Cloud House, Paradigm, STW Global Supply, SV Packaging, and Vaporized. Vapornine LLC (New Leaf Vapor Co.) – Petition for review probably filed in 2021 (exact date unknown)– Eleventh Circuit Court of Appeals – May 17, 2022: The court heard oral arguments from the FDA and Vapornine (and four co-petitioners). – Aug. 23: Despite being consolidated for oral arguments with four of the companies that today had MDOs vacated in a favorable court decision, Vapornine was not included in that ruling. The status of Vapornine’s MDO appeal is unclear. Wages and White Lion Investments, LLC – see Triton Distribution Vaping360 coverage of FDA Marketing Denial Orders (MDOs) 2021 FDA Signals It Won’t Authorize Flavored E-Liquid PMTAs (Aug.26) FDA Still Sending Warning Letters to “PMTA Dodgers” (Sept. 2) FDA Denies PMTAs for 300,000 More Flavored E-Liquids (Sept. 3) PMTA Decision Day: FDA Leaves Vape Industry Twisting in the Wind (Sept. 9) Sept. 10th: FDA Has Issued 168 PMTA Denials So Far (Sept. 10) FDA Issues MDOs to Turning Point Brands, Other Large Vape Companies (Sept. 17) FDA Has Now Denied PMTAs from 295 Vape Companies (Sept. 17) Who’s Left? Who’s Left? Vape Companies That Have Received MDOs (Sept. 23) Turning Point Brands Sues FDA, Challenging PMTA Denials (Sept. 23) More Vape Manufacturers Challenge PMTA Denials (Oct. 4) FDA Backs Down, Rescinds Turning Point Brands’ MDOs (Oct. 8) MDO Update: FDA and Triton Argue in Court Filings (Oct. 14) Judges Reject FDA’s “Surprise Switcheroo,” Issue Stay to Triton (Oct. 26) Court Denies Breeze Smoke’s Motion for a Stay Pending Review (Nov. 15) Supreme Court Denies Breeze Smoke’s Stay Application (Nov. 23) Anti-Vape Groups Ask Judge Grimm to Monitor FDA’s PMTA Progress (Nov. 30) 2022 Court Challenges to FDA Are Heating Up (Feb. 3) Myblu Is First Major Brand Pod Device Rejected by FDA (April 8) FDA Will Reject JUUL PMTA, Insiders Say (June 22) Toxic Politics: FDA’s Flimsy JUUL Denial Will Send Many to Cigarettes (June 23) Juul Gets a Temporary Stay, Can Sell Products For Now (June 24) FDA Chaos: Agency Reverses Itself, Grants Juul a Stay (July 6) Fifth Circuit Court Rules Against Triton (July 19) FDA Says One MDO Appeal Won’t Be Resolved Till 2025 (July 31) Federal Court Rules Against FDA in Six MDO Appeals (Aug. 24) Federal Court Rules for FDA in Latest MDO Appeal (Aug. 29) Juul Sues FDA After FOIA Requests Are Denied (Sept. 22) FDA Conveniently Denied Hyde PMTAs Just in Time for NYTS Press Release (Oct. 17) FDA Issues First Marketing Denials for Menthol Vapes (Oct. 26) Appeals Court Grants Logic Temporary Stay of Menthol MDOs (Nov. 1 update of above article) 2023 Fifth Circuit Grants Triton a Rehearing of Its MDO Appeal (Jan. 19) FDA Rejects Menthol Refills for Vuse Vibe and Ciro (Jan. 24) FDA Denies Vuse Solo Menthol Refills, Cites Youth Appeal (March 17) Fifth Circuit Slams FDA, Stays Vuse Vibe Menthol Denial (March 23) Second Circuit Court Rejects Magellan MDO Appeal (June 16) FDA Orders Vuse Alto Menthol Pods Off the Market (Oct. 13) 2024 Fifth Circuit Court Rips FDA, Grants Triton Appeal (Jan. 3) The post Vape Companies vs FDA: Appeals and Legal Actions appeared first on Vaping360. 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After nearly a decade of progressive vaping policy, the British government is likely this year to impose a tax on vaping products for the first time. The Conservative Party-led government believes a tax will dissuade youth from vaping, and also wants to offset lost revenue from eliminating some other taxes. The tax will be announced with the release of the government’s budget on March 6, according to The Mirror, which first reported the tax proposal Saturday. The newspaper said a tax is “almost inevitable,” and could increase vape prices by at least 25 percent, according to a government source. Imposing a tax was among the possible actions proposed by the government in a public consultation that ended in early December. Responses to the consultation will supposedly be considered when the government announces a plan this year. Other possible measures include vape flavor restrictions, a ban on disposable vapes, and regulating images on vape packaging. Research shows that taxes on vaping products increase cigarette sales and use. In October, Prime Minister Rishi Sunak announced his government intends to pass a so-called “smokefree generation” law that would slowly ban the sale of cigarettes in England by increasing the legal age to purchase by one year each year. At that time, he also said changes to vaping laws would be considered too. Passing a smokefree generation law or a vape tax would require approval from Parliament, where some in Sunak’s own party have said they’ll oppose the measures. However, the rival Labour Party is likely to help the Conservative PM find the necessary votes. Nearly fifty countries have some form of vape tax. Most have a per-milliliter e-liquid tex, or base the tax on the wholesale cost of products. The United States has no federal tax on vaping products, but 31 states, Washington, D.C., and Puerto Rico, have chosen to impose their own taxes. Research shows that taxes on vaping products increase cigarette sales and use. Vapes and cigarettes are economic substitutes—meaning that taxes, flavor restrictions, or other government actions that reduce e-cigarettes’ competitive advantages versus tobacco will increase cigarette sales and smoking, including among teenagers. The post UK: Government Will Propose Vape Tax in March appeared first on Vaping360. Просмотр полной статьи