New Review Looks Into The Risks And Benefits of Heated Tobacco Products


The new review followed standard Cochrane methods for screening and data extraction, and the primary outcome measures were abstinence from smoking at the longest follow‐up point available, adverse events, serious adverse events, and changes in smoking prevalence or cigarette sales.

The compiled data from most studies indicated lower exposure to harmful substances linked to cancers, heart disease and respiratory problems, meaning that switching from cigarettes to HTPs may minimize the odds of developing these diseases. However, added the research team, given that the studies were all of short duration, the data is not enough to be sure.

The researchers highlighted that while they didn’t find any studies looking at whether giving smokers HTPs helped them quit smoking, two Japanese studies reported drops in cigarettes sales after IQOS entered the market.

In fact, during a recent webinar vice director of the AOI Universal Hospital in Kawasaki, Kumamaru Hiroya, said that while nicotine replacement therapies (NRTs), such as nicotine patches, have not yielded the desired results, HTPs have. Hiroya, confirmed that since heated tobacco products were launched locally, smoking rates started dropping substantially.

“In conclusion, after nicotine replacement therapy direction has been tried, they were not really a big success. However, ever since 2014, three heated tobacco products have been launched officially nationwide in Japan and these have been penetrating 25 percent [of total smoking population] and this product has been successful to reduce cigarette smoking in Japan so far by 30 percent in three to four years,” said Hiroya during a recent webinar.

Aerosol particles from HTPs

In other news, a 2019 study conducted by researchers from Kaunas University of Technology in Lithuania, analysed the levels of aerosol particles, carbonyls and nicotine concentrations in indoor air from HTPs, referred to as Tobacco Heating Systems (THS) in the study. They did this by comparing the indoor concentrations of substances such as formaldehyde, acetaldehyde, benzene, toluene, nicotine and particulate matter 2.5, from THS, with those from conventional cigarettes and other known air pollutants.

Pollution levels from THS are insignificant in comparison to cigarette smoke

The compiled data indicated that any adverse effects on indoor air quality from THS are insignificant in comparison to those from cigarettes smoke and other pollutants. “Use of THS resulted in a statistically significant increase of several analytes including nicotine, acetaldehyde, PM2.5, and PNC as compared to the background. The obtained levels were significantly lower (approximately 16, 8, 8 and 28 times for nicotine, acetaldehyde, PNC and PM2.5, respectively) compared to the levels resulting from conventional cigarette (CC) smoking under identical conditions,” read the study Abstract.

“In the controlled environment, the use of THS [as well as an electronic cigarette] resulted in the lowest concentrations of formaldehyde, benzene, toluene, PM2.5 among majority researched pollution sources [conventional cigarettes, waterpipe, incense, mosquito coils],” according to authors Violeta Kauneliene, Marija Meisutovic-Akhtarieva and Dainius Martuzevicius.

“Such data indicate that the levels of the main indoor air pollution markers in case of THS environmental aerosol may be too low to distinguish from the background, thus raising additional challenges for epidemiological studies aiming at the assessments of second-hand exposure in real-life environments,” they added.

The EU Commission Announces Plans to Ban Heated Tobacco Products





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Vape News – July Roundup!


July 2022 brought us lots of vape news – a lot of it sadly quite negative!

Wales Tobacco Control Strategy

This was released on 26th July 2022 – and it seems that the Welsh Government have no idea that vaping exists!

smoke free wales strategy

Read all about this here – Smoke-Free Wales – Tobacco Control Strategy – What’s Vaping?

Scottish People Are Pro-Vaping – New Poll – 2022

A poll conducted by the Scottish Grocers Federation found that the majority of Scots were very pro-vaping – despite some heavy handed proposals from government.

scotland-thumbs-up

I tell you more on this in my article – Scottish People Are Pro-Vaping – New Poll – 2022.

Disposable Vape Bashing

It seems to be quite trendy for the UK media to be bashing disposable vapes, a heap of negative articles have been appearing lately.

disposable vapes

What has caused this panic?

Read more here – Disposable Vapes – Why the Panic?

Also there has been a lot of discussion about the waste disposable vapes create – I can get on board with that sentiment.

I discuss this further in my article – The Issue Of Disposable Vape Waste.

vape waste stats
Image courtesy of recycleyourelectricals.org.uk

Effect Of Vaping and Smoking On Lungs

A new study looked at the effect of vaping and smoking on lungs using fMRI (functional Magnetic Resonance Imaging) and it showed the surprising result that vaping can actually increase blood flow to the lungs.

vaping lungs

Quite a positive outcome – fMRI Lung Scans Show Promising Results For Vaping.

Negative Media Opinions Of Vaping

As you may have seen I have been tracking the UK media for articles about vaping.

tracker july 2022

I have categorised them as either Negative, Positive or Neutral.

Sadly in July the majority of press has been negative. See how this affects the tracker –  UK Vape News Sentiment Tracker.

Ireland Needs To Embrace Harm Reduction

A recent survey by the Ireland Department of Health has shown an increase in smoking rates.Ireland with flag

It seems that the lack of functional tobacco harm reduction policy is impacting the amount of smokers who want to quit.

Ireland Needs To Embrace Tobacco Harm Reduction.

ASH Youth Vaping Survey Results 2022

The organisation ASH (Action on Smoking and Health) have published the results of the annual YouGov youth vaping survey for 2022.

ash youth vaping survey 2022

Have a read of my article to find out more – Ash Youth Vaping Survey Results 2022 – Anything To Be Concerned About?


So that’s it for July – let’s see how August pans out!

If you want to catch up on any news articles you may have missed you can access our News Archive here.



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Global Vape Groups Call on Australian Govt. to End Attack on Legal Vape Businesses


The letter highlighted that an alleged clause in the Tobacco Act prohibiting the sale of all vaping materials and vape juice, referred to by WA’s health inspectors, does not even exist.

In a letter released on Wednesday July 20th, vaping activists from around the world called on Australia’s Ministry of Health, urging it to cease the ongoing attacks against the local vape industry. This action came in response to a note received by vape shop owners across Western Australia from the WA health department, asking them to cease operations within 14 days.

Seventeen vaping consumer organisations worldwide signed the letter in support of the WA vapers, with director of the global vaping advocacy group World Vapers’ Alliance Michael Landl reiterating how such actions will result in a public health disaster.

“Vaping has been a lifeline for more than 80 million people who struggled to quit smoking. It’s the most successful smoking cessation tool so far and has been acknowledged so in the UK, France, and New Zealand, to name a few. Closing down vape shops will not only lead vapers to the black market in search of their preferred products but also prevent many smokers from quitting traditional cigarettes as they will struggle to find alternatives on the market. By restricting access to harm reduction tools while keeping traditional cigarettes on the market, the WA government is opening the doors to a public health disaster,” said Landl.

The lack of available products will increase illicit ones on the black market

While addressed to Hon Mark McGowan, Premier of Western Australia, the letter highlighted that an alleged clause in the Tobacco Act prohibiting the sale of all vaping materials and vape juice, referred to by the health inspectors, does not exist. It also explained that the lack of quality products available and increase of illicit ones on the black market as a certain result of the closures would spell disaster for public health.

“Vaping has helped millions of Aussies to quit smoking, but without access to reliable information and quality products on the market, many of the vapers who managed to quit smoking thanks to vaping will risk going to the black market or back to smoking altogether. The current vape shop crackdown policy risks the lives of millions of Western Australians and needs to be addressed immediately,” highlighted Brain Marlow, campaign director at Legalise Vaping Australia.

Australian Medical Group Criticizes TGA For Publishing List of Vapes’ Prescribers





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The Smartest Touch Vape Ever




The Smartest Touch Vape Ever – Geekvape Unveils The Geekvape T200 (Aegis Touch)
















































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Mesh Coils Are The Future! A Higher Level Vape Brand Proposition Launched by UPENDS


Press release

UPENDS, an e-cigarette brand that prioritises users’ experience and aims to become the favourite brand for vapers, has recently released a brand-new brand proposition of Mesh Coil Is The Future, and developed a series of products represented by UpBar RS and UpBar Air, together with the sequence of activities to demonstrate this proposition.

UPENDS-UpBar-RS

Why does UPENDS advocate the view of Mesh Coil Is The Future?

Since the second half of 2019, disposable products have once again become the mainstream of major markets.

Ranging from open pod system to disposable vape, the mesh coil has been widely favoured by sellers in terms of taste and safety. A special user survey carried out by UPENDS shows that more than 90% of consumers have made a good impression on the taste and trustworthiness of mesh coil devices. It’s believed that mesh coil will be expected to dominate the vape industry.

UPENDS develops a comprehensive blueprint for mesh coil

UPENDS has developed an enhanced strategy plan on manufacturing mesh coil products with the capacity ranging from 2mL to 13mL to cater the preferences for more consumers.

UpBar RS and UpBar Air are the representatives. UpBar Air adopts mesh coil for their cores to achieve a natural and smooth taste with a double-shot molding appearance, just as described in the slogan of “The Pure Taste Like Air”.

With the football-style design and clear lines, UpBar RS aims to “Score the taste in your heart” to demonstrate the ultimate energy and taste. It is worth noting that production automation is also a blueprint for UPENDS.

Technological breakthrough makes the mesh coil of UPENDS more competitive

“UPENDS has carried out dozens of technological innovations on mesh coil, and planned to obtain more than 100 patents”, said Doctor WU, the Chief Product Officer of UPENDS, “structurally, we have carried out hundreds of thermal field experiments and simulations to match the best airflow design, so that the atomising core generates even heat perfectly to restore the original taste of e-liquids.

Regarding technological innovation, we creatively use a bionic sawtooth and snap-on design on the mesh coil, which solves the problem of burnt smell and faded taste, resulting in the product consistency more than 30% better than other similar ones.

Compared with traditional coil, UPENDS mesh coil achieves an increase by at least 50% in product safety and a more than 40% improvement in smoke volume.

It brings a purer taste and thicker smoke. We are on the way to becoming the king of mesh coil”.

The global storm of mesh coil is the future advocated by UPENDS is coming.

Based on UpBar RS, UPENDS will carry out a series of events around the world to implement its new industrial brand proposition, including Intertabac Dortmund 2022, Vaper Expo October 2022, etc. Meanwhile, it has prepared several Campaigns.

So please stay tuned.

About UPENDS

Founded in 2019, UPENDS is an e-cigarette brand dedicated to the field of Electronic Nicotine Delivery Systems. The good reputation of UPENDS as a leading e-cigarette brand in Europe attributes to its excellent manufacturing technology and quality, simple design, and cost-effective features. Currently, UPENDS is expanding its global development. UPENDS persistent pursuit is to prioritise users’ experience and to be Vaper’s favourite. For more information, please visit www.upends.com.

Contacts

Sampson Zhang
Marketing Manager
[email protected]



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UPENDS Launched A Higher Level Vape Brand Proposition “Mesh Coil Is The Future!”


Why does UPENDS advocate the view of Mesh Coil Is The Future?

Since the second half of 2019, disposable products have once again become the mainstream of major markets. Ranging from open pod system to disposable vape, the mesh coil has been widely favored by sellers in terms of taste and safety. A special user survey carried out by UPENDS shows that more than 90% of consumers have made a good impression on the taste and trustworthiness of mesh coil devices. It’s believed that mesh coil will be expected to dominate the vape industry.

UPENDS develops a comprehensive blueprint for mesh coil

UPENDS has developed an enhanced strategy plan on manufacturing mesh coil products with the capacity ranging from 2mL to 13mL to cater the preferences for more consumers. UpBar RS and UpBar Air are the representatives. UpBar Air adopts mesh coil for their cores to achieve a natural and smooth taste with a double-shot molding appearance, just as described in the slogan of “The Pure Taste Like Air”. With the football-style design and clear lines, UpBar RS aims to “Score the taste in your heart” to demonstrate the ultimate energy and taste. It is worth noting that production automation is also a blueprint for UPENDS.

Technological breakthrough makes the mesh coil of UPENDS more competitive

“UPENDS has carried out dozens of technological innovations on mesh coil, and planned to obtain more than 100 patents”, said Doctor WU, the Chief Product Officer of UPENDS, “structurally, we have carried out hundreds of thermal field experiments and simulations to match the best airflow design, so that the atomizing core generates even heat perfectly to restore the original taste of e-liquids. Regarding technological innovation, we creatively use a bionic sawtooth and snap-on design on the mesh coil, which solves the problem of burnt smell and faded taste, resulting in the product consistency more than 30% better than other similar ones. Compared with traditional coil, UPENDS mesh coil achieves an increase by at least 50% in product safety and a more than 40% improvement in smoke volume. It brings a purer taste and thicker smoke. We are on the way to becoming the king of mesh coil”.

The global storm of mesh coil is the future advocated by UPENDS is coming

Based on UpBar RS, UPENDS will carry out a series of events around the world to implement its new industrial brand proposition, including Intertabac Dortmund 2022, Vaper Expo October 2022, etc. Meanwhile, it has prepared several Campaigns. So please stay tuned.

About UPENDS

Founded in 2019, UPENDS is an e-cigarette brand dedicated to the field of Electronic Nicotine Delivery Systems. The good reputation of UPENDS as a leading e-cigarette brand in Europe attributes to its excellent manufacturing technology and quality, simple design, and cost-effective features. Currently, UPENDS is expanding its global development. UPENDS persistent pursuit is to prioritize users’ experience and to be Vaper’s favorite. For more information, please visit https://www.upends.com.





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New Tri-proof ARGUS Series? VOOPOO Announces the Official Launch!


Press Release

Recently, the world-renowned e-cigarette brand, VOOPOO, released a product preview picture on its official website.

The image clearly tells us that VOOPOO will unveil two products of ARGUS series on August 15th. It’s the third release of ARGUS products following the top-selling ARGUS GT 2, and ARGUS POD this year.
argus-new-product-launch


VOOPOO, whose name hit the world because of DRAG, has now owned four product series, ARGUS, DRAG, VINCI, and V series. According to their official introduction, ARGUS is the high-end series.

In 2022, VOOPOO has released two widely praised ARGUS products, in which ARGUS GT 2, with advanced tri-proof functions and big cloud, has won industry recognised Best MOD awards many times.

Surprisingly, the leaked slogan of the two products, SOLID AS ARGUS, is same as that of ARGUS GT2. Meanwhile, with implications of inverted product outlines and snow mountain in the picture, it is not hard to guess that the two new products are also the MODS with tri-proof functions!

Retrospect the success of ARGUS GT 2, its IP68 tri-proof function is certainly the most significant factor. As VOOPOO first product with tri-proof function, ARGUS GT 2’s debut gained great attentions from professionals and countless reviews of top KOLs. Besides, it is honoured with best high wattage Mod 2022 by Vaping 360, the edging e-cigarette website. new-voopoo-argus-series

Additionally, belonging to the ARGUS series, the new products are believed to have connections with ARGUS GT 2, such as the tank, chip, wattage etc. We have every reason to believe that the two new products, just like VOOPOO ARGUS GT 2, will be recognised by the industry and be loved by worldwide users.

Let’s see VOOPOO ARGUS new products launch on August 15th!

About VOOPOO

Website: https://www.voopoo.com/
Instagram: https://www.instagram.com/voopootech_official/
Facebook: https://www.facebook.com/voopooglobal
YouTube: https://www.youtube.com/c/VOOPOO
Tiktok: https://www.tiktok.com/@voopoofans
Shop:https://shop.voopoo.com/





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US Study: Massachusetts Menthol Ban Reduces Cigarette Sales


In the presence of a menthol ban, combined menthol and nonmenthol cigarette smoking would decline by 15% by 2026.

Titled, “Association of Cigarette Sales With Comprehensive Menthol Flavor Ban in Massachusetts,” the study reported that sales of all cigarettes in Massachusetts declined by up to 33% after a ban on menthol-flavoured cigarettes went in effect.

Over the same time period reported the study, cigarette sales in 33 states that did not set in place a menthol flavour ban fell by 8%, while sales of menthol-flavored cigarettes declined by 3%, said the researchers. “We learn from Massachusetts that a menthol flavor ban effectively reduces both menthol and overall cigarette sales,” said study co-author Samuel Asare as quoted by UPI.

Supporting this data, a new study conducted by researchers at the University of Michigan found that banning menthol flavoured cigarettes could reduce smoking by leading many smokers to quit or switching to less harmful nicotine products. Published in BMJ’s Tobacco Control, this study concluded that a menthol ban would avoid 16,250 tobacco-related deaths per year by 2060.

“This work is the culmination of a series of sequential projects aimed to assess the impact that a menthol ban could have on smoking, tobacco use and downstream health effects,” said study author Rafael Meza, a professor of epidemiology at U-M’s School of Public Health. “Our findings show that a menthol ban could result in considerable health gains and highlight the urgency for final approval and implementation of the ban.”

The findings were based on the data analysis and computational modeling infrastructure compiled as part of the Center for the Assessment of Tobacco Regulations. The research team used the Smoking and Vaping Model, a simulation model they had previously developed to study smoking and vaping behaviour with regards to menthol and nonmenthol cigarettes.

11 million life-years could be gained

They found that in the presence of a menthol ban, combined menthol and nonmenthol cigarette smoking would decline by 15% by 2026. Deaths attributable to smoking and vaping were estimated to fall by about 5% and life-years lost by 8.8%—translating to 16,250 deaths per year averted and 11 million life-years gained (almost 300,000 per year) over a 40-year period.

“Recent evidence finds that a menthol ban would likely increase smoking cessation, with more limited evidence of reducing smoking initiation and switching from smoking to other products like e-cigarettes,” said lead study author David Levy, a professor of oncology at Georgetown University.

US: New Jersey Proposes Introducing Menthol Ban Before The FDA’s





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UKVIA Calls For Retailers To Be Fined For Selling Vape Products To Minors


Amid a worrying increase in schoolchildren vaping in Scotland, there are calls for £10,000 fines each time a retailer makes underage sales instore or online.

Rogue retailers who sell vape products to minors should be fined at least £10,000 for each offence, according to an influential trade body.

The UK Vaping Industry Association said the time had come to get tough and cut under-age sales off at source.

It also wants £10,000 fines each time stores sell illegal products and has called for robust enforcement to clampdown on unscrupulous traders.

The UKVIA says ‘serious consideration’ should be given to a vape retail license system to aid a tougher enforcement.

Licensing would require retailers to pay for a permit to trade vape products and would help fund an enhanced enforcement programme.

The call comes amid growing concern over a significant rise in the numbers of schoolchildren vaping in Scotland and the ease at which they can buy disposable products online and from local retailers.

UKVIA director general John Dunne said:

“Enough is enough, the industry has a duty of care to young people.

“We need to send a strong message to the minority of rogue retailers and wholesalers who do not care about breaking the law as they know they won’t get severely punished for doing so.

“The time has come to introduce heavy fines to deter rogue retailers from re-offending and putting vape products into the wrong hands.”

John Dunne, Director-General, UKVIA

Dunne said enforcement should apply to all retailers including specialist vape stores and e-commerce sites, convenience stores, supermarkets and online marketplaces.

He said greater enforcement would come at a ‘cost to the industry’ but said it would be a price many would be willing to pay.

Dunne added:

“It is critical for the vaping sector to protect the reputation of the majority in the industry who are in it to help adult smokers quit through vaping which is considerably less harmful than smoking.

“We will be considering all options and ideas to make it as difficult as possible and a significant financial risk, for vape products to be sold to children.”

John Dunne, Director-General, UKVIA

Geek Bar, one of the world’s leading disposable vape manufacturers, welcomed the proposed changes.

Allen Yang, Chief Executive of Geek Bar, said:

“We applaud and fully support the call by the UKVIA.

“The responsible segment of the industry has to lead by example and rid itself of those who are, and will always be, intent on breaking the law by selling vape products to those who are underage.”

Allen Yang, Chief Executive, Geek Bar

The post UKVIA Calls For Retailers To Be Fined For Selling Vape Products To Minors appeared first on Vapouround.



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FDA Says One MDO Appeal Won’t Be Resolved Till 2025


Five vaping manufacturers got bad news in court last week, but another received welcome confirmation that the FDA will kick the can on its review far down the road. In fact, the FDA says My Vape Order’s internal agency appeal will likely take until January 2025 to resolve.

About 40 vaping manufacturers are currently challenging FDA marketing denial orders (MDOs) in court, or pursuing MDO appeals through the FDA’s own internal appeals process.

D.C. appeals court rules against four small vape companies

On July 26, a three-judge panel of the District of Columbia Circuit Court of Appeals unanimously denied MDO appeals by four small e-liquid manufacturers whose cases had been consolidated. The companies are:

  • Prohibition Juice Co.
  • Cool Breeze Vapor
  • Ecig Charleston
  • Jay Shore Liquids

The four companies had all received MDOs in 2021 for premarket tobacco applications (PMTAs) submitted a year earlier for flavored vaping products. None of the companies received a stay of enforcement. Oral arguments in the case were heard in April.

The judges agreed with the Fifth Circuit majority in the recent Triton decision that held the FDA did not mislead manufacturers as to what evidence would be required to prove flavored vaping products could be “appropriate for the protection of public health” (the standard for product authorization under the Tobacco Control Act). They also agreed that the FDA’s decision to not review the companies’ marketing plans was a “harmless error” because the manufacturers “failed to identify how individualized review of the plans they submitted could have made any difference.”

The decision, written by Judge Cornelia T.L. Pillard, contains passages that could have been copied from a Campaign for Tobacco-Free Kids brochure.

There are also no factual bases for Judge Pillard’s claims that “e-cigarettes can permanently damage developing adolescent brains“ or “cause chronic lung diseases.”

“Flavored tobacco products lie at the heart of the problem,” Judge Pillard wrote. “A vast body of scientific evidence shows that flavors encourage youth to try e-cigarettes and, together with the nicotine, keep them coming back.” There is, in fact, no evidence that flavors encourage youth use, other than the fact that youth use them. Adults also overwhelmingly prefer vaping products with non-tobacco flavors.

There are also no factual bases for Judge Pillard’s claims that “e-cigarettes can permanently damage developing adolescent brains” or “cause chronic lung diseases.” These are deceptive words appropriated from anti-vaping activists, not the considered observations of an objective jurist.

Judge Pillard was appointed to the circuit court by President Barack Obama. The judges who concurred in the decision—Gregory Katsas and Karen LeCraft Henderson—were appointed by Presidents Donald Trump and George H.W. Bush, respectively.

It isn’t known if the four vape manufacturers will seek an en banc review of the case (a re-hearing by the full D.C. Circuit). Triton and Vapetasia are pursuing that option in the Fifth Circuit.

Court denies emergency motion for a stay of Myblu MDO

Earlier last week, the same circuit court ruled against Fontem US on its emergency motion for a stay of the MDO issued April 8 for its myblu device and refill pods. The April 8 MDO was the first issued to a device made by a major tobacco company. Fontem is a subsidiary of Imperial Brands (the former Imperial Tobacco).

Fontem had originally said it would pursue a reversal of the MDO through the FDA’s administrative appeal process, then decided to also file a petition for review in the D.C. Circuit in early May. However, the company waited an additional two months, until July 12, to file an emergency motion for a stay of the MDO. That was too long for the court.

“Fontem has demonstrated that the marketing denial order is causing it harm, but by waiting more than two months after the marketing denial order’s issuance to seek emergency relief, Fontem weakened its claim of irreparable harm,” the court wrote, according to Vapor Voice. “That delay also suggests it may have been practicable to seek a stay from the agency.”

The FDA has still made no decisions on PMTAs submitted for Fontem’s disposable blu e-cigarettes, which make up half of the brand’s U.S. sales.

The court also said that Fontem, in its petition for review, “has not made a strong showing” that its appeal is likely to succeed on its merits. The D.C. Circuit granted a stay to Juul Labs in June, but has not issued stays to any other vaping manufacturer seeking relief.

Despite the denial of its motion for a stay, Fontem’s appeal will be expedited. The court has ordered the first brief from the company to be submitted by Aug. 10, with all briefs and responses to be complete by Oct. 14. After that the court will hear oral arguments

Fontem is also continuing to pursue its administrative appeal with the FDA. According to Tobacco Reporter, the company will continue to sell myblu, even without protection from FDA enforcement. The FDA has still made no decisions on PMTAs submitted for Fontem’s disposable blu e-cigarettes, which make up half of the brand’s U.S. sales.

FDA: My Vape Order MDO appeal could take until 2025

The final news comes not from a court decision, but a court filing. The FDA and California e-liquid manufacturer My Vape Order (MVO) filed a joint status report with the Ninth Circuit Court of Appeals, asking that MVO’s petition for review be held in abeyance (put on hold) while the FDA’s internal appeal of the company’s MDOs continues.

The FDA issued denials to MVO for 52 flavored products (most, if not all, sold under the Air Factory brand) on Sept. 8, 2021, claiming the company’s applications “lack sufficient evidence demonstrating that your flavored ENDS will provide a benefit to adult users that would be adequate to outweigh the risks to youth.” It was the same rationale used to deny PMTAs for millions of products sold by hundreds of small companies.

MVO filed a petition for review in the Ninth Circuit on Sept. 30, but before the court could take any action, the FDA issued its own stay of the MDO on Oct. 18, 2021, pausing any enforcement against the company while the agency’s internal appeal process plays out. (Later, in January 2022, the FDA partially rescinded the MDO, putting some of the products back into PMTA review.) The court agreed on Jan. 5 to hold MVO’s petition in abeyance, and asked for occasional status reports.

Incredibly, in the status report filed with the court on July 19, the FDA says its review of My Vape Order’s MDOs could take until January 2025.

Whatever FDA foul-up forced the agency to push MVO’s appeal to the back of the PMTA queue must have been monumental indeed.

“As the parties have previously informed the Court, FDA will complete its re-review of Petitioner’s application after it completes further review of the applications of one or more of My Vape Order’s collaborators,” says the joint status report. (We are not certain who MVO’s collaborators are, or why their applications must be assessed first.)

“Due to the volume of pending applications and according to FDA’s current prioritization of applications,” the report continues, “the agency estimates that it will complete rereview of petitioner’s collaborators’ applications in or about January 2024, and that it will complete re-review of petitioner’s application in or about January 2025.”

That gives MVO about two-and-a-half years to sell products without concern about FDA enforcement. The court accepted the status report, and ordered a follow-up report by Jan. 31, 2024.

Whatever FDA foul-up forced the agency to push MVO’s appeal to the back of the PMTA queue must have been monumental indeed. If it was a strategy on the company’s part that caused the agency to jump away from its PMTA as though it were a scorpion, perhaps MVO should bottle that and sell it.

Smokers created vaping without help from the tobacco industry or anti-smoking crusaders, and I believe vapers have the right to continue 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’m a member of 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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