Closing the E-cigarette Advertising Tax Loophole

Mar.16.2023
Closing the E-cigarette Advertising Tax Loophole
US lawmakers seek to end tax deductions for e-cigarette ads amid ban on traditional tobacco advertising since 1971.

Since January 1971, traditional tobacco advertising has been banned in the United States. However, this does not apply to electronic cigarettes.


Currently, US law allows manufacturers to apply for federal tax breaks on advertising costs for e-cigarettes. Congress hopes to close this tax loophole.


Senators Jeanne Shaheen and Richard Blumenthal have reintroduced the "E-cigarette and Tobacco Advertising Tax Subsidies Repeal Act" (S.464). If passed, this legislation would not make e-cigarette advertising illegal, but it would terminate tax deductions for e-cigarette advertising expenses.


Shahin and Blumenthal first introduced the bill in 2019, but so far it has not received enough support in Congress to be approved.


Reference:


1. Congress aims to close a loophole in advertising regulations for e-cigarettes.


Congress is currently considering the possibility of discontinuing the tax deduction that e-cigarette advertisements on the radio currently enjoy.


Further reading:


The US Senate reintroduces bill on tax-free subsidies for electronic cigarette and tobacco advertisements.


The US Congress will close a "loophole" in tobacco advertising.


This document has been generated through artificial intelligence translation and is provided solely for the purposes of industry discourse and learning. Please note that the intellectual property rights of the content belong to the original media source or author. Owing to certain limitations in the translation process, there may be discrepancies between the translated text and the original content. We recommend referring to the original source for complete accuracy. In case of any inaccuracies, we invite you to reach out to us with corrections. If you believe any content has infringed upon your rights, please contact us immediately for its removal.

Special Report|From Nicotine Pouches to Jelly? A China Tobacco Patent Explores Dual-Release NRT
Special Report|From Nicotine Pouches to Jelly? A China Tobacco Patent Explores Dual-Release NRT
A patent published on February 24, 2026, by China Tobacco Hubei Industrial Co., Ltd. introduces a “nicotine jelly” product designed to combine rapid and sustained nicotine delivery. By integrating both free and microencapsulated nicotine, the product aims to address key limitations of traditional nicotine replacement therapy (NRT), while also raising new regulatory and product classification questions.
Innovation
Mar.18
Nicotine Becomes Second-Largest Revenue Source for Couche-Tard in Fiscal 2025
Nicotine Becomes Second-Largest Revenue Source for Couche-Tard in Fiscal 2025
Alimentation Couche-Tard reported that nicotine products accounted for 9% of total revenue in fiscal 2025, making it the company’s second-largest revenue source after fuel, according to its latest Business Strategy Update.
Market
Feb.19
Philippines DOH reiterates: vaping is not safer than smoking, citing irreversible health risks
Philippines DOH reiterates: vaping is not safer than smoking, citing irreversible health risks
The Philippine Department of Health reiterated Saturday that vaping should not be promoted as an alternative to cigarette smoking, Health Secretary Teodoro “Ted” Herbosa said in a radio interview, according to the Tribune. Herbosa said both vaping and smoking pose irreversible health risks and cited E-cigarette or Vaping Product Use-Associated Lung Injury (EVALI), claiming it led to the death of a 22-year-old male with no smoking history in 2025.
Feb.28 by 2FIRSTS.ai
Elfbar warns flavour bans could push over 50,000 Scottish vapers back to smoking
Elfbar warns flavour bans could push over 50,000 Scottish vapers back to smoking
Elfbar said restricting vape flavour choices—potentially under the Tobacco and Vapes Bill—could disrupt established quitting behaviours and increase relapse risk among former smokers. An Opinium survey commissioned by the company reported fruit and sweet flavours have risen in popularity among adult vapers quitting smoking in Scotland, with 62% now using them most often to quit, up from 34% in December 2024.
Feb.28 by 2FIRSTS.ai
Philippine Lawmakers Push Bill to Close Vape Tax Loopholes
Philippine Lawmakers Push Bill to Close Vape Tax Loopholes
Lawmakers in the Philippines are pushing House Bill 5207 (HB 5207), which seeks to harmonize excise tax rates on vapor products and address disparities between nicotine salt and freebase nicotine taxation. The bill, supported by more than 40 lawmakers including Deputy Speaker Kristine Singson-Meehan, would raise taxes on freebase nicotine products to align them with nicotine salt rates.
Regulations
Feb.22
Metal Body + AMOLED Screen: KT&G Launches New Heated Tobacco Device Lil Aible 3.0
Metal Body + AMOLED Screen: KT&G Launches New Heated Tobacco Device Lil Aible 3.0
KT&G said it will launch the heated tobacco device Lil Aible 3.0 at four stores in South Korea on February 28. The device shortens charging and preheating time while keeping features such as pausing during use, mode switching, and three consecutive uses. It adopts a metal body and an AMOLED display, comes in four colors, and will expand to Seoul-area convenience stores and the online mall in April, and nationwide convenience stores in May.
Feb.27 by 2FIRSTS.ai