Big Tobacco Feeling the Steam of E-Cigs, We Are Vaping to Complete Filming
March 1, 2013
We Are Vapers to complete filming by end of April 2013
We Are Vapers: An Exploration into the World of Harm Reduction is a documentary chronicling the stories of e-cigarette users that have switched from tobacco use and its effect on their lives.
The film will cover the history of E-Cigarettes, personal stories, the concept of harm reduction, personalities and health implications. Filming is expecting to end in April 2013. You can expect to see the film at various film festival in the near future.
nacsonline.com – Big Tobacco is seeing a dent in their sales numbers and are expecting that electronic cigarettes are the reason. Analog cigarettes saw more than $80 billion is sales for 2013 but have noticed the recent interest by consumers of electronic cigarettes and are taking action. Lorillard captured Blu, an e-cig manufacturer with around 25 percent of the market share while Reynolds American has been testing Vuse, another e-cig. Electronic cigarettes are expected to have sales close to $1 billion by the end of 2013.
Indiana Votes on E-Cig Use by Minors
nwitimes.com – The Indiana House decided in late January that electronic cigarettes should be treated the same as analog cigarettes and users younger than 18 should be prohibited from buying or possessing them. Lawmakers voted 96-0 to send the Senate House Bill 1225 making it a Class C infraction. It is an offense for a minor to have or use an electronic cigarette, e-liquid, or electronic cigarette accessories and is punishable by a $500 fine.
My Vapor Record 1.2
joyetech.com – Joyetech released MVR 1.2, a software update for Windows and Mac. Joyetech’s My Vapor Record is used to update the firmware and view the usage of the eVic variable wattage electronic cigarette. The update offers the ability to gather more usage information from the eVic. Also included in this software update is a firmware update for the eVic, which allows the user to customize this or her home screen by adding the ability to view the puff counter, time, voltage/wattage or ohm resistance on the screen.
eCigs HQ Publishes New Report: “The FDA’s War on E-cigarettes”
As an ever-increasing number of studies conclude that e-cigarettes are no more dangerous than their FDA-approved, big-pharma product counterparts, physicians are beginning to recognize that electronic cigarettes represent our best hope against the scourge of tobacco-related disease. Despite all this, the FDA has failed to alter its outdated and misguided stance against electronic smoking products, further jeopardizing the lives of millions of US smokers.
eCigs HQ (http://www.ecigshq.com) , a user-centric website featuring e-cigarette reviews, industry news, coupon codes, special offers and exclusive discounts, has published a new report on the FDA’s ongoing war on e-cigarettes.
The report reviews the most recent scientific findings related to the health effects of electronic cigarettes; the relative safety of these products when compared to tobacco cigarettes; their efficacy as a nicotine replacement therapy; their role in tobacco harm reduction efforts; as well as the differences between e-cigarettes and their tobacco counterparts.
“FDA-approved nicotine replacement therapies, such as the patch, inhalers and nicotine gum, have proven largely ineffective, as they fail to address the psychological and tactile aspects of the smoking habit,” said eCigs HQ editor, Laura Conzo Brady. “Electronic smoking products offer a far more convincing ‘smoking’ experience, making them our best hope against the myriad of the often-lethal diseases associated with tobacco use.”
The report goes on to question why the FDA has failed to embrace the technology as a way to save the lives of millions of addicted US smokers, while it continues to plead ignorance—relying on the same “we just don’t know enough about them” excuse.
It has been more than three years since the FDA’s produced a single study of two electronic cigarette brands. Limited in scope, the study raised as many questions as it answered. The nascent electronic smoking industry has changed much during the ensuing three years. As the lives of millions of Americans hang in the balance, the report concludes that it is time for the FDA took a long, hard second look at e-cigarettes.
US Consumers Warned Off E-Cigarettes, Steered Toward Pharma Products
Tobaccoreporter.com—The US Department of Health and Human Services has launched a website aimed at offering the ‘best and most up-to-date tobacco-related information from across its agencies.’
BeTobaccoFree.gov is said to provide information on tobacco, federal and state laws and policies, health statistics, and evidence-based methods on how to quit.
‘The site’s social media dashboard, “Say it—Share it,” provides real-time updates from HHS’ tobacco-related social media accounts, including Facebook, Twitter, YouTube, Infographics, podcasts, and Tumblr,’ the website’s announcement said.
One section of the website seems aimed at discouraging people from using e-cigarettes and promoting the use of nicotine gum, nicotine skin patches, nicotine lozenges, nicotine oral inhaled products, nicotine nasal spray, Zyban and Chantix.
New Best Electronic Cigarette Review Website Offers Electronic Cigarette Coupons
PRWEB—There is a brand new best electronic cigarette review website that is offering readers electronic cigarette coupons to accompany their reviews. The website is RJ Ross Best Electronic Cigarette Review. RJ Ross is a former Connecticut computer parts salesman who decided he was bored of the computer parts biz and became an electronic cigarette reviewer instead. His most famous review is his V2 Cigs review, which he calls the best electronic cigarette in the industry. Readers will be able find reviews and deals out there for brands like V2 Cigs, Smokeless Image and SmokeStik. Visit his website at: http://rjross.com.
Smokers Utopia E-Cigarette Reviews Features Green Smoke Electronic Cigarettes
PRNewswire—The most brutal electronic cigarette review website in the industry is now featuring Green Smoke so that smokers can take a full disclosure look into the company, its products and the pros and cons that go along with choosing this company as your e-cigarette supplier.
Green smoke has been around since the beginning of the smokeless cigarette movement in the U.S. and has been a major player since the start and continues to reign in the top in sales volume of online sales.
Although the company has a great history there are still facts and practices that consumers need to be aware of before investing their hard earned money into their products and company.
“We just believe that people should have all of the information available before spending their money,” states Teresa Peach of Smokers Utopia. “We completed the Green Smoke Review so that smokers know what they are getting into before they make the switch, without sugar coated sales jargon that is the norm with most e-cig reviews sites.”
Unlike other review sites in the industry, Smokers Utopia is known for pointing out shortfalls of smokeless cigarette companies that could change minds on their buying decision with brutal facts that no others dare point out.
Smokers Utopia covers the top brands like their South Beach Smoke review, news and openly explains how they review products so that customers can make an informed decision.
urbantulsa.com – You've seen them, and you've seen a couple of different versions of them. There's the electronic cigarette that looks like an actual cigarette, complete with a battery-powered orange glow coming from the end of it. Then there's the giant nicotine vaporizer that looks like it's actually a duck call, even more so when people wear them on lanyards around their necks.
"Those are modified electronic cigarettes," said Thomas Kiklas, director of the Tobacco Vapor Electronic Cigarette Association (TVECA). "They have a bigger tank in them and hold a little more power. And they generate a little bit more vapor. But the average user uses the smaller one."
Whichever one people choose, there are all manner of choices for them when they use them, a process sometimes referred to as "vaping." There are flavors that people can use when they reload their units -- from run-of-the-mill things like menthol and regular old tobacco to Cuban cigar and more baffling choices like banana cream pie, peanut butter, and blueberry -- and it seems that as e-cigarettes grow in popularity, the more options are coming open to the consumer -- and prices are dropping, too.
That's not to say that there are no controversies surrounding e-cigarettes and their larger, more powerful counterparts.
Today, Agent VAPE received this client alert e-mail from Keller and Heckman:
On July 25, 2016, Keller and Heckman LLP, on behalf of the Right to be Smoke Free Coalition and ten national and state e-vapor industry trade associations (the “E-Vapor Coalition”), filed a Motion for Summary Judgement in a lawsuit challenging parts of the Tobacco Control Act (TCA) and the Food and Drug Administration’s (FDA’s) recently published “Deeming Rule” which, effective August 8, 2016, captures most e-vapor products as regulated tobacco products under the TCA. To review the motion and supporting brief, click here.
The named Plaintiffs in the E-Vapor Coalition lawsuit are the Right to be Smoke Free Coalition, the American E-Liquid Manufacturing Standards Association (AEMSA), the American Vaping Association (AVA), the Electronic Vaping Coalition of America (EVCA), the Georgia Smoke Free Association (GSFA), the Kentucky Smoke Free Association (KFSA), the Louisiana Vaping Association (LAVA), Maryland Vape Professionals (MVP), the Ohio Vapor Trade Association (OHVTA), the New Jersey Vapor Retailers Coalition (NJVRC) and the Tennessee Smoke Free Association (TSFA). Also supporting the lawsuit are the Shenzhen E-Vapor Industry Association-USA (SEVIA-USA), the Smoke-Free Alternatives Trade Association (SFATA), the Consumer Advocates for Smoke-Free Alternatives Association (CASAA) and NOT Blowing Smoke (NBS).
The E-Vapor Coalition lawsuit, which was filed on June 20, 2016 in the U.S. District Court for the District of Columbia, was consolidated with the lawsuit filed earlier in the same court, Nicopure Labs v. FDA, No.1:16-cv-878 (D.D.C. 2016), on June 28, 2016. Following consolidation, the parties agreed to a briefing schedule that allowed Nicopure Labs to file its Motion for Summary Judgment on July 8, 2016, and the E-Vapor Coalition to file a separate summary judgment motion on its unique counts on July 25, 2016 (while incorporating by reference all of Nicopure Labs’ arguments). FDA has until August 16, 2016 - eight days after the Deeming Regulation becomes effective – to respond to both motions. All briefing will be completed by September 8, 2016, and oral arguments have been scheduled for October 19, 2016 at 10:00 AM ET in Washington, D.C.
In its Motion for Summary Judgment, the E-Vapor Coalition argues that FDA’s authority over tobacco products is not unfettered, but circumscribed by the statute’s underlying purposes – which strike a careful balance between various policy issues. Specifically, the statute provides that adults must have continued access to tobacco products (i.e., FDA cannot ban or virtually eliminate such products from the marketplace), while at the same time prohibiting access to such products by underage consumers. Along similar lines, the TCA requires FDA to regulate in a flexible manner so that relatively safer products can be developed and commercialized while more dangerous ones are kept off the market. Any effort by FDA to deem additional tobacco products under the TCA must reflect these compromises.
During the rulemaking, FDA repeatedly acknowledged that using e-vapor products likely presents far less risk than smoking cigarettes, and that individuals switching from combusted tobacco products to e-vapor products may significantly reduce their harm. The agency also recognized that the availability of e-vapor products could potentially lead to increased smoking cessation rates in this country and ultimately reduce tobacco-related disease and death – another one of the primary purposes of the TCA. These conclusions are consistent with scientific research, both in the United States and abroad, finding that e-vapor products are substantially less risky than combustible tobacco products. See, for example, Public Health England’s recent report finding that e-vapor products are 95% less harmful than traditional cigarettes, which was followed by the Royal College of Physicians’ ground breaking report lauding the public health benefits of e-vapor products.
Nevertheless, FDA chose to regulate e-vapor products in a manner that is even more stringent than its regulation of cigarettes. Resulting in what will be a virtual ban on many (if not all) vaping product categories is FDA’s decision to force vaping product manufacturers into a Pre-Market Tobacco Application (“PMTA”) process that was actually designed to prevent the introduction of relatively more harmful tobacco products to the market. Accordingly, PMTAs require, inter alia, long-term clinical studies which, as FDA concedes, do not yet exist. These longitudinal studies must focus on population-level effects, such as the impact of each e-liquid or vaping device on overall smoking initiation or cessation rates.
FDA’s approach also effectively writes out of the TCA one of the pre-market authorization pathways – the Substantial Equivalence (“SE”) Report – that Congress intended for FDA to use in a more flexible exercise of enforcement authority so that relatively less risky products, like e-vapor products, remain on the market and are available to adult consumers so long as they do not raise different questions of public health compared to a predicate (grandfathered) product. The SE Report pathway, while also imposing substantial informational requirements on manufacturers, does not necessarily require long-term clinical studies and, as such, is not as burdensome in terms of time and financial resources as PMTAs. However, without any grandfathered products available for use as predicates, all e-vapor products introduced after February 15, 2007 are forced to go through the PMTA process, which the agency admits will eliminate, at a minimum, 97% of the industry.
With no way to avail themselves of the SE Report pathway, for each vaping product on the market onAugust 8, 2016, manufacturers will have to file a PMTA within a two-year compliance period (i.e., by August 2018). Vaping product manufacturers will not have sufficient time over the next two years to conduct such long-term clinical studies or have the financial resources to meet other PMTA informational requirements that, according to the agency, will likely reach into the millions of dollars for each product application. Moreover, any new e-vapor products intended to be introduced after the effective date of the rule will have to first obtain PMTA authorization – essentially freezing the market on August 8, 2016.
Thus, instead of tailoring the pre-market process based on the type of tobacco product involved, the agency unlawfully adopted a “one-size-fits-all” pre-market regime that ignores e-vapor products’ overall lower risk profile. The E-Vapor Coalition’s motion highlights several of the Deeming Rule’s short-comings, specifically:
FDA has applied a statutory February 15, 2007 grandfather date to e-vapor products that was intended for traditional tobacco products, like cigarettes. FDA was required under the statute to set a new grandfather date which would allow e-vapor products to take advantage of the more flexible SE pathway.
FDA did not consider, as required under the Regulatory Flexibility Act (“RFA”), 5 U.S.C. §§ 601, et seq., any significant alternatives that, in the absence of a new grandfather date, would have allowed vaping product manufacturers sufficient time to develop the extensive information, including long-term clinical studies, necessary to successfully navigate the more stringent PMTA process. As it stands now, such data cannot be generated by the PMTA deadline of August 2018.
Even if FDA is correct in that it must apply the February 15, 2007 grandfather date to e-vapor products, this means that the TCA itself violates substantive due process and is unconstitutional. Under this scenario, there would be no rational relationship between the TCA’s underlying purposes and the means chosen by Congress to accomplish such goals. Indeed, as FDA conceded during the rulemaking, virtually all manufacturers will exit the vaping market, thus depriving adults of a relatively safer tobacco product and a chance to reduce or, better yet, quit their smoking habits.
Accordingly, the E-Vapor Coalition has requested the court grant it summary judgment and: (1) declare that the Deeming Rule exceeds FDA’s statutory authority, is arbitrary and capricious, or an abuse of discretion under the Administrative Procedure Act with respect to FDA’s failure to either establish a new grandfather date for all deemed e-vapor products or exercise its enforcement discretion in this regard; (2) set aside the Deeming Rule to the extent that FDA has applied the February 15, 2007 grandfather date to e-vapor products, and remand the rule to FDA so that the agency can set a new grandfather date for all deemed e-vapor products consistent with the Court’s decision; (3) remand the rule to FDA so that the agency can conduct a proper regulatory impact analysis that addresses the lack of long-term clinical data for e-vapor products; and/or (4) declare the rule unconstitutional to the extent that it applies the February 15, 2007 grandfather date to e-vapor products.
VAPE Magazine, the vapor industry’s original publication, announced this week it will be publishing a regulatory focused issue. The special issue, which will hit newsstands in September, will be focused on the regulatory environment the industry is now facing. A portion of all advertising proceeds from the issue will be donated to the Right to be Smoke Free Coalition lawsuit, which was joined by the industry’s top trade and consumer advocacy organizations.
The edition will feature a wide range of regulatory topics including a story about the market being flooded with new products ahead of the Aug. 8 deadline; a story on the new vapor tax in Pennsylvania and potential repercussions; a story on the potential birth of a vapor black market; and many more stories aimed to educate the public.
“We hope this will be an issue that retailers, manufacturers and distributors will keep at their desk for years to come,” said Managing Editor Corey Noles. “While we don’t usually publish in September, at the rate with which information is being released, we believe it is our job to give the industry a trusted news voice. Sometimes, that means changing our plans.”
“We appreciate our readers and advertisers who have supported us over the years, and we feel a responsibility to them as our industry navigates what will undoubtedly be remembered as it’s fight to stay alive,” Noles said. “Education is the first step to winning the war.”
VAPE Magazine is the industry’s premier publication, with more than 60,000 in readership each bi-monthly edition. The magazine can be found in nearly every vape shop in the United States, UK and other countries around the globe. Visit the magazine online at vapemz.com.
Mistic E-Cigs introduces the Mistic 2.0 POD-MOD, a sleek and powerful closed-ended personal vaporizer that enables consumers to quickly and easily change flavor tanks using the company’s pre-filled pod technology.
Selling for $39.99 at drug, mass and convenience retailers nationwide, Mistic’s new pre-filled vape system starter kit comes in two color options (matte black and matte white), each packaged with two free (a $40 retail value) pre-filled 10 mL flavor pods (matte black: tobacco/strawberry and matte white: menthol/cherry).
“This product simplifies the vaping experience covering the full spectrum of vape consumers,” said John Wiesehan Jr., CEO of Mistic. “It gives the experience, flavor profiles, and vapor production that mod users are accustomed to and also provides ease of use to cig-alike users who haven’t upgraded because they didn’t want to deal with the hassle of bottles and tanks. With a simple pick, click and vape, users can experience different flavors at a moment’s notice.”
Available in a compact, hand form-fitting rechargeable 30-watt unit with an automatic shut-off feature, Mistic 2.0 delivers a robust and satisfying vape from a 1700 mAh battery with the convenience and no-hassle of a cigalike. The battery also has an on-off option as well as stand-by mode to help conserve power.
Offered in 10 mL child-resistant, tamper-proof pre-filled pods, Mistic 2.0 high-end e-liquids (80 VG/20 PG ratio) are made in the USA and available in 4 mg nicotine strengths (4 percent by volume) and 10 flavors: cherry, coconut cream, creamy cantaloupe, fruit mix, java, mango, menthol, strawberry, tobacco and watermelon.
Selling for $17.99-$19.99, each Mistic 2.0 pre-filled pod has its own built-in coil that provides 0.3 Ohms of resistance for maximum sub-ohm vapor production. Each self-contained pod is easily interchangeable for vapers on the go or those wanting to effortlessly experience various flavor profiles.
The company is offering a free Mistic 2.0 POD-MOD starter kit when users spend $30 or more in its online store. Adult consumers can watch a short video about the new product on Mistic’s Facebook page (https://www.facebook.com/MisticElectronicCigarettes) to obtain a special coupon code.
Today’s announcement comes two weeks before the U.S. Food & Drug Administration’s (FDA) final rule on the manufacturing and marketing of newly deemed vapor products go into effect on Aug. 8. Products shipped after this date will not be allowed on the market until the FDA approves a marketing order.
“Innovation is key to our industry’s survival and it was important for us to bring our game-changing vaping technology to adult vapers and smokers before the FDA’s deeming rule goes into effect and stifles future modernization,” added Wiesehan. “While the FDA pathway for vapor products is still relatively unclear and already there are legal challenges to the final regulations, as well as pending legislation to move the February 15, 2007 predicate date, we are taking steps to ensure that our products remain on the market and will proceed with the pathway process for our new Mistic 2.0 line and other company vapor products.”