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.



Disclaimer

This article is provided solely for professional research, industry discussion, and informational purposes. Any references to brands, companies, products, technologies, or policies are made for factual reporting and analytical purposes only, and do not constitute endorsement, recommendation, promotion, or advertising by 2Firsts.

Nicotine-containing products, including but not limited to cigarettes, e-cigarettes, heated tobacco products, and nicotine pouches, carry significant health risks. Readers are responsible for complying with all applicable laws and regulations in their respective jurisdictions, including age restrictions and access limitations.

The information contained in this article should not be regarded as investment, legal, medical, regulatory, or commercial advice. While 2Firsts strives to ensure the accuracy and reliability of its content, it does not assume liability for any direct or indirect loss arising from errors, omissions, inaccuracies, or reliance on the information contained herein.

This article is not intended for individuals below the legal age for accessing tobacco or nicotine-related information in their jurisdiction.

 

Copyright Notice

This article is either original content produced by 2Firsts or content reproduced, translated, summarized, or adapted from third-party sources with attribution where applicable. The intellectual property rights of the original content remain with 2Firsts or the respective original rights holders.

No individual or organization may copy, reproduce, distribute, republish, modify, translate, or otherwise use this content without prior authorization. Any unauthorized use may result in legal action.

For copyright-related inquiries, corrections, or removal requests, please contact: info@2firsts.com.

 

AI-Assisted Translation and Editing Notice

Portions of this article may have been translated, edited, or reviewed with the assistance of artificial intelligence tools to improve efficiency and readability. Due to the limitations of AI-assisted translation and editing, discrepancies, omissions, or inaccuracies may exist when compared with the original source.

Where applicable, readers are advised to refer to the original source for the most complete and accurate information. If you identify any errors or believe that any content infringes upon your rights, please contact us at info@2firsts.com, and we will review and address the matter promptly.

From myblu to Zone: Imperial Brands Refocuses NGP Strategy in HY26
From myblu to Zone: Imperial Brands Refocuses NGP Strategy in HY26
mperial Brands’ HY26 results point to a more selective NGP transition. The company is using cash flow from traditional tobacco to fund targeted investments in modern oral nicotine, heated tobacco and reusable vaping systems. Its decision to exit the legacy myblu vaping business in the U.S., while expanding Zone nicotine pouches. In Europe, Imperial’s NGP growth is being driven by a multi-category portfolio including blu, Pulze and Zone/Skruf.
Special Report
May.12
FDA Tobacco Center Plans Faster Review Process for Certain Supplemental PMTAs
FDA Tobacco Center Plans Faster Review Process for Certain Supplemental PMTAs
FDA Center for Tobacco Products Acting Director Bret Koplow issued a statement on May 7 outlining new steps to accelerate tobacco product premarket application review. The statement said CTP reduced the backlog of applications by approximately 70% in 2025 and that there is no longer a queue for PMTAs pending acceptance review.
May.09 by 2FIRSTS.ai
Nicotine Pouches Lead U.S. Tobacco Growth as Vape Sales Decline
Nicotine Pouches Lead U.S. Tobacco Growth as Vape Sales Decline
New convenience store industry data show nicotine pouches have become the primary growth driver in the tobacco category, with oral nicotine sales rising nearly 30% over the past year while vape sales declined.
Business
Jun.05
 BAT Raises Growth Outlook for Smokeless Products as Velo and Vuse Gain Momentum
BAT Raises Growth Outlook for Smokeless Products as Velo and Vuse Gain Momentum
British American Tobacco (BAT) has raised its growth outlook for smokeless products, forecasting “mid-teens” growth for its new category portfolio, including vaping and nicotine pouch products, while global cigarette volumes are expected to decline further.
BAT
Jun.02
Tobacco Farming in the New Nicotine Era: Why Indian Farmers Struggle to Transition — Contributed by Samrat Chowdhery
Tobacco Farming in the New Nicotine Era: Why Indian Farmers Struggle to Transition — Contributed by Samrat Chowdhery
In this contributed article to 2Firsts, Mumbai-based journalist and harm reduction advocate Samrat Chowdhery examines India’s tobacco transition from the perspective of agriculture, supply chains and regulation. As noted by 2Firsts, India offers a relevant case for understanding how new nicotine technologies may affect not only consumption, trade and policy, but also tobacco farming.
Special Report
May.29
Altria Reports Q1 2026 Net Revenues of $5.43 Billion and 7.3% Growth in Adjusted Diluted EPS
Altria Reports Q1 2026 Net Revenues of $5.43 Billion and 7.3% Growth in Adjusted Diluted EPS
Altria Group reported its first-quarter 2026 results on April 30. Net revenues were $5.43 billion, up 3.2% year on year, while revenues net of excise taxes were $4.76 billion, up 5.3%. Reported diluted EPS was $1.30, up more than 100%, and adjusted diluted EPS was $1.32, up 7.3%.
May.06 by 2FIRSTS.ai