VB-31 Jan 2024

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4 26 january 2024


T e US Supreme Court de-

clined to hear R.J. Reynolds

Tobacco Company’s challenge

to a voter-approved measure

in California banning f avored

tobacco and vape products.

T e justices rejected an appeal

by R.J. Reynolds, a unit of British

American Tobacco, and other

plaintif s of a lower court’s ruling

holding that California’s law did not

conf ict with a federal statute regu-

lating tobacco products.

California attorney general Rob

Bonta, a Democrat who defended

the law in court, in a post on X, called

the Supreme Court’s decision “excel-

lent news.”

“We look forward to continuing

to fight to prevent addiction and

protect the health of our people,”

Bonta said.

R.J. Reynolds declined to com-


Democratic governor Gavin

Newsom in 2020 signed into

law a ban on all f avored to-

bacco products – including menthol

cigarettes and cotton candy-f avored

vaping products – in response to

concerns about a rise in e-cigarette

and tobacco use by teenagers.

T e ban’s implementation was

delayed after a tobacco industry

coalition gathered enough signatures

to put to voters a ballot measure that

would block California from becom-

ing the largest state to ban f avored

tobacco product sales. But nearly

two-thirds of voters casting ballots

on the measure known as Proposi-

tion 31 approved the sales ban in

November 2022.

The law made California the

second state to ban all f avored to-

bacco product sales after Massa-

chusetts in 2019. Several other states

have restricted flavored vaping

products and several municipalities

have adopted their own bans.

T e US Food and Drug Admin-

istration in 2020 banned all f avors

except tobacco and menthol in Juul

and other cartridge-based e-cigarettes.

In 2022, the FDA sought to ban sales

of all Juul e-cigarettes, though it

later put the order on hold.

Beyond vaping, the FDA in April

2022 proposed banning menthol

cigarettes and f avored cigars. T ose

rules have yet to be f nalised and

have been the subject of lobbying

by tobacco groups.

A day after the California vote,

R.J. Reynolds along with a group

representing tobacco retailers, the

Neighborhood Market Association,

and a vape shop, filed a lawsuit

arguing the federal Tobacco Con-

trol Act preempts state and local

laws banning flavored tobacco


US top court rejects challenge

US top court rejects challenge

to vape f avour ban

to vape f avour ban

R.J. Reynolds fails to f nd taste in California

Vaporesso kicks of carbon

Vaporesso kicks of carbon

neutral initiative

neutral initiative

Vaporesso has launched its new initiative,

the 2023 Vaporesso Care Eco Go Green

– Global Carbon Neutral Program.

Launched on 10 December, the

project is slated to continue until July


It aims to demonstrate Vaporesso’s

ef orts towards sustainable development

in vaping and underscore its pivotal role

in the industry as a trailblazer for sustain-

able practices.

Working alongside industry experts

and researchers, the brand has assessed

the potential of various innovative, low-

carbon and environmentally-friendly

materials and has successfully developed

four groundbreaking concept Eco Nano


Lost Mary in front as vape

Lost Mary in front as vape

category leads grocery

category leads grocery



Vaping products were the fastest grow-

ing category in UK grocery for the

second year running in 2023, while sales

of cigarettes, cigars and loose tobacco

fell sharply (down £849.1m and £393.1m

respectively), industry data showed.

The Lost Mary brand, owned by

Chinese vaping fi rm Heaven Gifts, was

the UK’s fastest growing product with

sales up by £310.6 million on the previ-

ous year, according to the data published

on Saturday by market researcher NIQ.

Vaping products saw growth in

value sales of £897.4m in 2023.

Juul seeks US approval for

Juul seeks US approval for

lockable pods

lockable pods

Juul Labs is seeking authorization for

its new menthol-fl avored pods, which

require age verifi cation, to be used

with its next-gen platform device

under review by US regulators.

The platform device, launched

initially in the UK in 2021 as JUUL2,

utilises Pod ID authentication to foil

illicit products, and incorporates age

verifi cation technology.

Juul submitted the premarket to-

bacco product application to the US

Food and Drug Administration (FDA)

for the device and tobacco-fl avored

pods last July.

The menthol-fl avored pods, with

nicotine of 18 mg/mL, contain a secure


Shops who sell vapes to

under-age children could

see f xed penalty f nes dou-

bled to £500 in Lisburn and

Casltereagh following a test

purchasing exercise in the


T e local authority’s en-

vironment committee heard

this week, that f ve prem-

ises out of 36 surveyed were

caught selling nicotine-inhal-

ing products to a 15-year-old

volunteer in late 2023. T e

current legal age for pur-

chase is 18.

T e illegal sales were high-

lighted further in chambers,

as the shop owners received

“pre-visit correspondence”

from the council ahead of

the survey making them aware

a spot check was due to be

carried out.

James Baird, Downshire

East UUP Alderman, said:

“Is the current £250, is that

a severe enough penalty for

selling E-cigarettes to under-

age children, is it enough?

“Personally, I think it

should be moved up to £500.

“We should be looking at

upping the penalty.

“It would be timely to do

so now as budget setting is


“If we are restricted by

legislation on the level of

the f xed penalty, then at

this time we would have no

further decision or inf uence

on raising the penalty.

“However, I believe £250

is not enough of a deterrent

to shop owners.

“I would therefore propose

we write to the government

department to suggest a

higher penalty in this matter.”

Lisburn North SDLP rep,

Pat Catney added: “We have

had similar legislation when it

comes to under-age drinking.

“It is important that we

protect children and have a

zero-tolerance policy to send

out a strong message.”

Demand to double f nes as one in

seven stores selling underage vapes

Vape Business Section1.indd 4

Vape Business Section1.indd 4

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