Federal Appeals Court Hears Deeming Rule Challenge


A recent rulemaking policy change by the Trump administration may have been partially prompted by concern over a vaping industry lawsuit challenging the FDA Deeming Rule. That lawsuit is currently being appealed on the grounds that the old rulemaking procedure is unconstitutional.

If the vaping industry plaintiffs are successful, the case could open the floodgates for challenges to other rules issued by federal agencies.

Small vape businesses heard in federal appeals court

A federal appeals court heard online oral arguments last week in the appeal of Moose Jooce, et al v. Food and Drug Administration, which challenges the FDA Deeming Rule on grounds that it violates the Appointments Clause and First Amendment of the Constitution. The lawsuit, which consolidated three separate complaints by small vaping businesses, was decided in favor of the FDA in February in the Washington D.C. federal District Court by Judge Christopher Cooper.

The vape industry plaintiffs claim that the Appointments Clause of the Constitution requires federal rules that carry the force of law (like the Deeming Rule) to be signed by officials who have been appointed by the President and approved by the Senate. The Deeming Rule was signed by a career civil servant, Associate FDA Commissioner Leslie Kux.

In February, District Judge Cooper had found against the plaintiffs, noting that regulations not signed by a Senate-confirmed officer can be constitutional if they are confirmed later by a Senate-confirmed official. Judge Cooper cited previous rulings that “consistently held that a rulemaking ‘that would otherwise be unlawful due to procedural or technical defects . . . can be cured through a subsequent lawful ratification of that action’.”

The judge said that two FDA commissioners ratified the Deeming Rule after it was issued, and that the D.C. Circuit Court of Appeals has “repeatedly” confirmed that “an agency’s ratification of a prior decision or action cures any potential Appointments Clause violation.”

An FDA loss could also invalidate the Deeming Rule and force the agency to start the process of regulating vaping products from the beginning.

But last week a three-judge panel of the federal Circuit Court of Appeals in Washington D.C.—the same court cited by Judge Cooper—heard lawyers for the plaintiffs argue that Judge Cooper had been wrong—and some of them seemed to indicate they might agree.

“This court should absolutely be concerned about FDA’s whack-a-mole approach to the Appointments Clause,” attorney Jonathan Wood told the appeals court during oral arguments. Wood works for the Pacific Legal Foundation, the conservative/libertarian public interest law firm representing the Moose Jooce plaintiffs.

The circuit court judges seemed to concur, according to Courthouse News. All three questioned whether rules issued by officials not confirmed by the Senate were valid, with one even wondering whether the procedure of ratifying rules after the fact makes the Appointments Clause a “something of a dead letter.”

The lawsuit (and appeal) also challenges the Deeming Rule on First Amendment grounds, asserting that communication by vape shop employees about vaping risks and benefits can’t be preemptively prohibited by limitations in the Deeming Rule.

Should the circuit court panel overturn the original decision based on the Appointments Clause, it could open the federal government to an avalanche of lawsuits challenging other improperly issued rules.

On the First Amendment claim, Judge Cooper had said in February that he was bound by precedent set in the December 2019 U.S. Circuit Court of Appeals decision in the Nicopure Labs vs FDA appeal. In that case, a three-judge panel unanimously upheld the 2017 ruling against the vapor industry, issued by D.C. District Court Judge Amy Berman Jackson.

“The Circuit [Court of Appeals] quite clearly held that placing the burden on manufacturers to substantiate their marketing claims does not violate the First Amendment,” Judge Cooper wrote. “Bound by that precedent, the Court holds that the Tobacco Control Act’s premarket review provisions do not impermissibly burden speech.”

The appeal is likely to take months to be decided. Should the circuit court panel overturn the original decision based on the Appointments Clause, it could open the federal government to an avalanche of lawsuits challenging other improperly issued rules. An FDA loss could also invalidate the Deeming Rule and force the agency to start the process of regulating vaping products from the beginning.

HHS Secretary Azar changes rulemaking procedures

The Appointments Clause challenge in the Moose Jooce case, and other similar cases, may have pushed Health and Human Services Secretary Alex Azar to recently change the method by which HHS agencies like the FDA issue rules.

Sec. Azar issued a memo, just days before oral arguments in the vaping industry appeal were set to begin, saying that future rules by HHS agencies would be signed by the secretary himself, rather than agency employees. The announcement was interpreted by many in Washington as a power grab by Azar and the Trump administration, intended to prevent the FDA from issuing rules politically unpopular in the White House. But it may simply be a way for the HHS to protect itself from additional Appointments Clause lawsuits.

In any case, even if the Azar memo and Moose Jooce appeal puts previous HHS agency rules in jeopardy, challenging them would have to be done on a case-by-case basis. An appeals court decision against the FDA wouldn’t automatically invalidate every other previously issued rule by the FDA or other federal agencies.

Smokers created vaping without any help from the tobacco industry or anti-smoking crusaders, and vapers have the right to keep innovating to help themselves. My goal is to provide clear, honest information about the challenges vaping faces from lawmakers, regulators, and brokers of disinformation. I recently joined the CASAA board, but my opinions aren’t necessarily CASAA’s, and vice versa. You can find me on Twitter @whycherrywhy



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New Vaping Index Grades States Based on Regulations


California is the “worst state for vaping.” A new index ranks New York, California, New Jersey, Massachusetts and Rhode Island as the top states having the least consumer-friendly regulatory approach to vaping. The states of Virginia, Colorado, Texas and Maryland each received “A” scores.

The index categorizes and ranks each state based on its consumer-friendly regulatory approach to vaping products.

David Clement and Yaël Ossowski, North American Affairs Manager and Deputy Director of the Consumer Choice Center, the study’s authors, wrote in a press release that recent legislative actions on flavored vaping products including restrictions, taxation, and online sales prohibitions were key to each state’s score (graded A, C, or F).

The full graph is below:

us-vaping-index.png
The states of New York, California, New Jersey, Massachusetts, Rhode Island all earned an “f” grade for regulatory approach to vaping

“The worst states … are far behind all the other states because of flavor bans, exorbitant taxation on vaping products, and restrictions on online sales,” said Clement, North American Affairs Manager at the Consumer Choice Center. “Our research indicates these states go above and beyond to deter adult smokers from switching to vaping, which could vastly improve and prolong their lives.”

New York joined the states of New Jersey, California, Massachusetts, and Rhode Island as the worst in the nation with a grade of “F”, while

“What lawmakers should note is that a number of states are providing a positive framework of regulation for vaping that boosts consumer choice while contributing to public health by encouraging smoking cessation,” said Ossowski. “Excessive flavor bans, taxes, and prohibitions on online commerce grow the black market sector and harm consumers who want less harmful alternatives to smoking.

“If states want to innovate in 2020 and provide adult smokers with an alternative that is less harmful, they should look to reform their state laws to better accommodate this new technology that is helping millions,” said Ossowski.



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Tobacco Harm Reduction Experts Root For Oral Nicotine Products


During a webinar shown on August 4th, economists and leading international Tobacco Harm Reduction experts, referred to the success achieved by Sweden by endorsing the use of snus for smoking cessation. The Scandinavian country is boasting some of the lowest lung cancer rates in Europe, and a smoke-free status since 2017.

The experts emphasized that oral nicotine products are at least 90% safer than smoking. This figure is “most likely closer to 99 per cent when you account for the food grade standard to which some of the latest products are produced.”

The experts emphasized that oral nicotine products are at least 90% safer than smoking. This figure is “most likely closer to 99 per cent when you account for the food grade standard to which some of the latest products are produced,” said Mr Atakan Befrits, a Sweden-based Tobacco Harm Reduction policy advocacy and products regulation expert.

Mr Befrits, who is also the chairman of the board of Trustees for New Nicotine Alliance (NNA) Sweden and COO of International Network of Nicotine Consumer Organisations (INNCO), explained that snus is a form of tobacco pouch placed between the gum and upper lip. He reiterated that evidence from Sweden shows better health outcomes for snus users in comparison to smokers.

“Snus has been by far the most common, and successful, assisted smoke cessation tool used in Sweden since the 1970s. Sweden is now “smoke free,” which according to the WHO’s own definition of the term, means that smoking incidence is now less than 5 per cent,” he said.

The new tobacco-free nicotine pouches

The experts did point out that a drawback of using snus from a health perspective, is the presence of tobacco-specific nitrosamines (TSNA) found in the tobacco. However, said Mr Befrits, while the old formulations of snus were associated with gum-disease and oral cancer, the latest formulations, some of which contain no tobacco at all, have either significantly reduced the levels of TNSAs or contain none at all. This means that these new products do not put users at a risk of developing such cancers.

Mr Joseph Magero, Chairman of CASA Africa, concurred with Mr Befrits, and pointed out that sadly, most of Africa’s 77 million smokers, have never even heard of snus. Additionally, he said, many of those who know about the products, are not aware of the latest changes in product composition and the latest evidence, so they still erroneously associate the products with oral cancers and diseases. Mr Magero said that governments have a responsibility to inform/educate their constituents about Tobacco Harm Reduction products.

Read Further: Daily Monitor

NZ Safer Alternatives Firm Encourages Smokers to Switch to Nicotine Pouches



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South Korea to Double Taxes on Vaping Products


Last week, the Korean Ministry of Health and Welfare, said that the Cabinet has approved a plan to revise the national health promotion law. This revised version would allow the government to impose 1,050 won ($0.90) special health tax on liquid-type e-cigarettes per 1 milliliter(mL), doubled from 525 won per mL.

The ministry has already proposed a special consumption tax from the current 370 won to 740 won per mL .

The plan comes after issues over fairness in the “tobacco” tax system were raised, with some entities complaining that the tax on liquid-type e-cigarettes is too low in comparison to other type of e-cigarettes of the same strength and conventional cigarettes. The revision plan also includes levying the health promotion tax on any cigarettes made with non-tobacco leaves.

To this effect, the cabinet has endorsed the plan to double tobacco consumption tax on liquid-type e-cigarettes and the ministry has already proposed to increase special consumption tax from the current 370 won, to 740 won per mL. The changes would take effect on the 1st of January 2021, upon parliamentary approval.

The downfall of a once fast-growing market

South Korea was once one of the world’s fastest-growing markets for e-cigarettes, attracting attention from major international makers such as Juul Labs. However, following a government warning last May urging the public to refrain from vaping, major convenience store chain GS25 had halted the sales of flavoured vaping products by Juul Labs and South Korean company KT&G.

Subsequently, the South Korean Army had announced a ban on the use and possession of e-liquids on its bases. An article on CNBC had said that this move is significant because South Korea has a large military of approximately 600,000 soldiers, primarily men. Sadly, while smoking rates are declining across the globe, South Korean men are still among the heaviest smokers in the world.

Read Further: Pulse

Another Study Suggests That E-Cig Taxes Just Encourage Regular Smoking



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Michigan Gov. Whitmer Pushes a Permanent Flavor Ban


Michigan Governor Gretchen Whitmer is again trying to ban flavored vaping products through executive rulemaking. But this time, instead of a temporary “emergency” rule like the one she sought last year, Whitmer is attempting to impose a permanent ban.

Michigan citizens who vape are actually facing two threats from their state government: Whitmer’s attempt to ban flavors, and an unrelated package of bills from the state legislature that includes a tax and a law mandating the creation of a list of legally available products, which was lobbied for by a tobacco company.

Both actions threaten the availability and affordability of vaping products, but the governor’s proposed flavor ban is the greater and more pressing threat. It needs immediate action by Michigan vapers and vape businesses.

Gov. Whitmer wants to ban e-liquid flavors…again

Gov. Whitmer is proposing a complete ban on flavored vaping products. As with last year’s proposed “emergency” flavor ban, the governor’s action is being advanced through rulemaking by the Michigan Department of Health and Human Services (MDHHS), an executive agency run by the governor.

The rule would permanently ban all flavors of nicotine-containing e-liquid except for tobacco-flavored products. If the rule is adopted, it is unlikely that vape shops in Michigan could survive. That would leave vapers who use flavored products to find them on the black and gray markets or learn to make DIY e-liquid. For most adults who smoke, neither of those are options they will jump through hoops to seek out. However, there’s no reason to believe that determined adolescents will be unable to get hold of flavored products.

The MDHHS will hold an online public hearing Oct. 20, and is accepting public comment until Oct. 23. CASAA has issued a call to action, urging Michigan residents to tell the MDHHS that flavors are an essential feature of vaping for adult vapers. You can make comments through the call to action (linked below), which also has suggestions for what to discuss in your comments, and information on how to take part in the virtual hearing.

CASAA has an excellent series of talking points to consider when writing your comment, including telling your personal vaping story, explaining why flavors work for you, describing what you’ll do if flavors are unavailable, and talking about how vaping improved your health.

Since the MDHHS is supposed to be using science to advance this (obviously political) rule, you might also remind the agency that a recent CDC survey shows that flavors are not a key reason youth try vaping (don’t link the Vaping360 story; use the actual CDC document), but surveys of adult ex-smokers prove that they rely on flavored vaping products (Farsalinos study, Russell study).

The governor’s proposed rule is being backed by a Campaign for Tobacco-Free Kids front group consisting of dozens of tobacco control, public health, medical, hospital and academic organizations. They’ve hired a powerful public relations firm to push a “petition” supporting the flavor ban, which will be turned over to the MDHHS as individual public comments by the signatories.

After the comment period and hearing, the MDHHS will theoretically have to consider public comments when drafting its final rule, which could take up to a year. The final rule will be approved or rejected by the legislative Joint Committee on Administrative Rules. At that point, the fight may begin all over again.

Gov. Whitmer’s vaping problem

Gov. Whitmer never bothered to attempt advancing her 2019 anti-vaping agenda through the Michigan legislature—not because a flavor ban would have been impossible to pass, but because she wanted to be the first governor to score politically with vaping, and burnish her image in the Democratic Party. (In fact, she beat New York Gov. Andrew Cuomo to the punch by less than two weeks.)

Democrats tend to follow the positions of anti-tobacco activists on the vaping issue, and the Whitmer administration has connections to Bloomberg Philanthropies and Bloomberg-associated anti-tobacco organizations. Whitmer’s political ambitions extend beyond Michigan, but to earn recognition as a future national Democratic candidate she needs to be seen as a bold political trendsetter by national party leaders.

Unlike other governors who followed her flavor ban lead, Whitmer did not position her rule as a response to the lung injury outbreak caused by contaminated illicit THC products. (But her health agency waited until residents actually died from vitamin E acetate-contaminated THC vaping before warning the public that legal nicotine vapes might not be the “only cause”—probably the last state to do that.)

Whitmer’s call for eliminating flavors was based entirely on the “epidemic” of vaping teenagers, which anti-vaping groups claim is caused in large part by flavored vaping products. Her rationale precisely followed the playbook laid out by the Campaign for Tobacco-Free Kids, which is spearheading the national anti-flavor campaign funded by former New York City mayor Michael Bloomberg. In fact, Bloomberg’s $160 million campaign was publicly launched just one week after Whitmer’s emergency ban was announced, leading many to conclude that the Bloomberg/Tobacco-Free Kids campaign and the Michigan flavor ban were coordinated to garner publicity and maximize political impact.

Earlier this month, Whitmer received an award from Tobacco-Free Kids for what that group’s president Matthew Myers called her “leadership in Michigan” that “changed the national debate.” Whitmer’s attempted ban, said Myers, “became the catalyst for other states to act.” In fact, Myers and Bloomberg were the catalysts, and Whitmer was simply the first eager puppet.

Her “emergency” flavor ban was almost immediately put on hold by a state Court of Claims injunction, following hearings at which Whitmer’s lead medical official proved that she knew nothing about vaping except what she had gleaned from Tobacco-Free Kids pamphlets. The injunction has since been upheld twice—first by the Michigan Court of Appeals, and more recently by the state Supreme Court.

Now Gov. Whitmer is back with the same old flavor ban, once again looking to make headlines and please her Bloomberg handlers on the backs of vapers and the small businesses that serve them. And it will be vapers—again—that will have to stop her and her tragically uninformed health agency from succeeding.

Be ready to fight a Michigan House tax bill

The Michigan House of Representatives is considering a package of bills that would add an 18 percent wholesale tax to vaping products, create a licensing system for vaping retailers and a list of products allowed for sale (only products that have submitted Premarket Tobacco Applications and those that have been approved), and provide penalties for retailers selling to minors. There are also bills that change the legal age in Michigan to buy tobacco and vaping products to 21, and restrict some advertising rules.

The bills have already passed the Senate with bipartisan support, and are waiting for a hearing in the House Ways and Means Committee, after having passed another committee. Michigan vaping advocates are hopeful that some of the worst elements can be stripped from the legislation before it goes to the full House for a vote, so although there is no immediate call to action, that may change at any time.

The language in the bill that creates a list of products allowed for sale apparently comes from tobacco company RJ Reynolds (maker of Vuse vaping products), which unsuccessfully attempted to include similar restrictions earlier this year in Missouri legislation.

Vaping360 will update this story with any news about the House bills.

Smokers created vaping without any help from the tobacco industry or anti-smoking crusaders, and vapers have the right to keep innovating to help themselves. My goal is to provide clear, honest information about the challenges vaping faces from lawmakers, regulators, and brokers of disinformation. I recently joined the CASAA board, but my opinions aren’t necessarily CASAA’s, and vice versa. You can find me on Twitter @whycherrywhy





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Juul Calls for Common Ground in Harm Reduction


Joe Murillo

For tobacco harm reduction to be successful, it is imperative that alternative products can compete with combustible cigarettes and that adult smokers have clear information on a product’s relative risk compared to smoking, according to Juul Labs Chief Regulatory Officer Joe Murillo.
 
In his closing remarks at the 2020 Global Tobacco & Nicotine Forum (GTNF), Murillo spoke on how the category can sustainably accelerate the market away from combustible products while at the same time combating underage use and fostering a more responsible marketplace for vapor products that ensures equal access for all adult smokers.
 
Murillo’s address pinpointed critical areas where the industry and stakeholders can find common ground in the pursuit of progress, including educating society on the benefits of tobacco harm reduction and using risk-proportionate regulation to elevate alternatives that can ultimately end the death and disease caused by smoking combustible cigarettes.
 
According to Juul Labs, this year’s GTNF provided an invaluable opportunity for a diverse set of stakeholders to come together and speak about using innovation and regulation to create sustainable change in the tobacco and nicotine market.



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The Best Vape Devices Under £20


When vaping started to establish itself as a viable alternative to smoking, there weren’t many reliable kits at a super affordable price point. Fortunately, this has changed and there’s now something to suit all budgets.

In this post, we’re taking a look at some of the best vape devices available for less than £20.

Vype Epen 3

Epen 3 best vape devices under £20

Price: from £4.99

The Epen 3 is part of Vype’s current starter kit line up. It’s a closed pod system, which means each pod is pre-filled with e-liquid and cannot be re-filled once used.

The battery should have enough capacity to last most users a full day of vaping, especially when using a high nicotine strength pod.

Vype regularly runs promotions for new customers and currently offers the kit with two pods for just £4.99. Pre-filled kits do tend to be more expensive to run in the long term but this is still a fantastic price for an introduction to vaping.

The low starting price and wide availability of replacement pods makes the Epen 3 one of the best vape devices under £20.

Vaporesso Osmall

Vaporesso Osmall best vape devices under £20

Price: £9.99

Vaporesso is a giant of the vaping industry, offering a huge variety of devices, from entry-level to enthusiast. The Osmall was designed specifically as a budget-friendly starter kit.

This is a very basic re-fillable pod system but the pods provide serviceable flavour and good nicotine satisfaction when using higher strength e-liquids.

The internal battery might not be enough to keep you vaping for a full day though, so access to a charging point might be necessary.

Coming in at £9.99, this is one of the best vape devices in its price bracket.

SMOK Vape Pen 22

SMOK Vape Pen 22 best vape devices under £20

Price: £15-20

The Vape Pen 22 has been on the market since 2016 but still remains a popular choice among new vapers.

Unlike most basic starter kits, the Vape Pen 22 is designed for ‘direct to lung’ vaping, with open airflow and higher power output.

With a simple top-fill design and a decent internal battery, it’s still a solid option for new vapers who want to try direct lung style vaping.

Performance has been significantly improved since the initial release, with mesh coils that produce good flavour and a surprising amount of vapour.

SMOK Nord

SMOK Nord best vape devices under £20

Price: £15-20

The Nord is one of SMOK’s most popular kits to date and has spawned several variants since its release.

The original version is still a great option though, since the Nord coil fitting is still fully supported and provides a wide variety of vaping experiences, from MTL to restricted direct lung draws.

With a powerful battery, the Nord can reliably provide a full day’s vape time on a single charge.

With a user-friendly design and diverse range of coils, the Nord easily earns its place among the best vape devices under £20.

Aspire Breeze 2

Aspire breeze 2 best vape kits

Price: £15-20

With a powerful internal battery and smooth draw, the Breeze 2 ticks the boxes in terms of practicality and vape experience.

Despite being an older device, the Breeze 2 is still widely stocked by retailers and the coils are still supported, so you needn’t worry about running out of supplies. 

Aspire’s legendary track record for MTL stock coil vaping makes the Breeze 2 a solid contender for best vape device under £20.

If you’re in the market for an entry-level vaping device but aren’t on a strict £20 budget, check out Vapouround Recommends: Best Vape Starter Kits 2020.



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UK and Canadian Universities Team Up to Study Teen Vaping


Funded by the Canadian Institutes of Health Research as part of the Health Effects of Vaping funding opportunity, a multidisciplinary research team of co-investigators and community partners, will be led by Dr Stephanie Coen at the University of Nottingham and Dr Jason Gilliland at Western University.

Candid discussions about vaping will be encouraged via online focus groups, where teenagers can use avatars and pseudonym screen names to facilitate anonymous participation.

The researchers aim to gather data on teen vaping, in the hope of developing research and educational resources that resonate with them. The research team hopes to understand how factors such as gender, race, socio-economic circumstances, locality and even the current COVID-19 situation, effect teens’ e-cig use behavior.

The study will be looking into the roles that school, home, online sources and retail environments, play in influencing teen vaping. Candid discussions about vaping will be encouraged via online focus groups, where teenagers can use avatars and pseudonym screen names to facilitate anonymous participation.

When satisfactory data are compiled, the researchers will collaborate with teenagers to develop an age appropriate creative communications campaign, such as a short film or comic strip, in order to deliver the study’s findings effectively.

Canada’s efforts to combat teen vaping

In the past months, Canada has increased efforts to curb teen vaping. These were a result of survey data released last December, indicating that nearly one-third of high school students in Alberta and Quebec, and one in four in Ontario, had vaped in the past month. The province of British Columbia also saw increases, but these were not as high as in the other provinces.

As part of the yearly COMPASS survey on health behavior of high school students, the survey is believed to be the most comprehensive of its kind in Canada. The data gathered from this survey are made available to researchers and policy makers studying youth behavior with regards to substance use.

“E-cigarette use has increased across all students regardless of their gender, grade, ethnicity or smoking status,” wrote the researchers in a summary of their findings, prepared for the Public Health Agency of Canada. Quebec was found to have the highest rates of vaping in 2018-19, with 32% of students saying they used e-cigarettes in the past month, up from 27% in the 2017-18 school year. Nearly 60% of Quebec students said they had tried vaping at least once in 2018-19, in comparison to 52% the previous year.

Read Further: News-Medical

US National Survey Indicates Significant Drop in Teen Vaping



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Pittsburgh Latest City to Sue Juul Labs for Marketing


More than 70 school districts across the United States have filed lawsuits against Juul Labs for its marketing practices.

The Pittsburgh Public School district gave approval last week for the district to enter into a contract with the Frantz Law Group of San Diego, the firm filing the lawsuits against Juul Labs in U.S. District Court in the Northern District of California, where the company is headquartered.

“It’s very similar in concept to the tobacco litigation of some 20 years ago except this is not a class action,” district solicitor Ira Weiss said during a school board meeting Wednesday, according to the Pittsburgh Post-Gazette.

The lawsuit seeks damages for the cost of installing vaping detection devices in school restrooms as well as funding for educational programs for students and families about the health risks of vaping.

Weiss said about 70 school districts nationwide have filed similar lawsuits, including several other school districts in Pennsylvania.

Austin Finan, a Juul spokesman, said in a statement that the corporation would respond to the allegations in the complaint through the appropriate legal channels, according to the story. In the meantime, Finan said the company would “seek to earn the trust of society by working cooperatively with attorneys general, legislators, regulators, public health officials and other stakeholders to combat underage use and transition adult smokers from combustible cigarettes.”

“As part of that process, the company reduced its product portfolio, halted television, print and digital product advertising and submitted a Premarket Tobacco Product Application to the U.S. Food and Drug Administration including comprehensive scientific evidence to support the harm reduction potential of its products and data-driven measures to address underage use,” he said.

The lawsuit is a contingent fee case, meaning it will cost the district nothing if the district does not win. The Frantz Law Group would receive 20 percent of any settlement if the case is decided in 2020, or 25 percent if the case is settled in 2021 or later, the story states.

Board member Terry Kennedy said it was a “wise” decision for the district to file the lawsuit.

“We don’t have any upfront expenses, and there’s no risk to the taxpayers,” Ms. Kennedy said. “There’s a lot of benefit to our students if they understand what’s going on related to Juul and the others.”



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The Vapor Technology Association Launches Its First-Ever Individual Membership 


Earlier this month, the VTA launched its first-ever individual membership scheme, making it easier for vapers and vaping advocates to have a voice and a role in the fight for vaping.

“This membership will elevate the voices of vapers and those individuals who believe in vaping and engage them in the fight with access to cutting-edge advocacy tools,” said the VTA in a press release.

“Now more than ever, we must join together to ensure that vapor products remain available and accessible to all those who rely on them. This is vital for public health and safety.”

Given a voice

The VTA’s individual membership will cost only $25 a year, and upon joining, members will enjoy the following benefits:

  • Join sophisticated and established lobbying efforts to protect their right to vape;
  • Receive up-to-date information on all things vapor;
  • Participate in successful vapor advocacy campaigns;
  • Access advanced technology to engage with legislators and local media;
  • Receive discounts on vapor products at participating stores across the country.

“By welcoming Individual members, VTA’s Board has recognized the critical importance of amplifying the millions of voices for vaping – former smokers who have turned to vapor products on their journey to quit smoking – as well as for the business owners who serve them,” said VTA Executive Director Tony Abboud. “This new membership will take our unified fight to defend vapor to the next level by combining the power of consumers and businesses into the largest vapor advocacy force in the country.

VTA Lawsuit Blocks E-Cig Flavour Ban Proposed for NY State



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