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.

UK’s North Yorkshire Council plans up to £477,000 spend on e-cigarettes to support quitting smoking
UK’s North Yorkshire Council plans up to £477,000 spend on e-cigarettes to support quitting smoking
North Yorkshire Council in the UK is set to spend up to £477,000 on e-cigarettes to support residents quitting smoking. Since e-cigarettes were added to the council’s Living Well Smokefree service in July 2023, 487 people have used them to quit, with about a third remaining smoke-free after a year.
Mar.03 by 2FIRSTS.ai
2Firsts Interview | Prague Move Puts Eastern Europe in Focus for Nicotine Industry Event EVO NXT
2Firsts Interview | Prague Move Puts Eastern Europe in Focus for Nicotine Industry Event EVO NXT
EVO NXT will move to Prague in April 2026. As an event’s official media partner for four consecutive years, 2Firsts recently interviewed the organisers, who said the relocation reflects strong growth in Eastern European markets for alternative nicotine products. They described EVO NXT as not a traditional trade fair but a business festival shaped by rapid changes in regulation, markets and technological innovation across the global nicotine industry.
Feb.03
Special Report|FDA Revises Device Name in Glas Vape Authorization; Company Signals Optimism on Menthol, Flavored Pods
Special Report|FDA Revises Device Name in Glas Vape Authorization; Company Signals Optimism on Menthol, Flavored Pods
The FDA updated public records on the PMTA authorization of a Glas vape product, renaming “Glas G Device” to “Glas G² Device” and releasing the order letter detailing scientific review and marketing restrictions. Company disclosures suggest the platform may include age-verification technology. If confirmed, Glas G² could be the first vape with device-level age verification to receive an FDA MGO. Glas executives also said menthol and other flavored pods could gain authorization in the future.
Special Report
Mar.14
Special Report|Disposable Heated Tobacco? A China Tobacco Patent Reimagines the Heated-Tobacco Stick as a Self-Contained Product
Special Report|Disposable Heated Tobacco? A China Tobacco Patent Reimagines the Heated-Tobacco Stick as a Self-Contained Product
A newly published China Tobacco patent proposes a holder-free heat-not-burn stick that integrates the filter, tobacco substrate, heating element, controller and power source into one cigarette-shaped product. It stands out not just for eliminating the external heating device, but for explicitly highlighting two less common goals in heated tobacco: restoring cigarette-like social sharing and enabling post-use recovery through a recoverable component group.
Innovation
Mar.18
22nd Century Positions VLN® Cigarettes for Growth as FDA Considers 0.7 mg/g Nicotine Cap
22nd Century Positions VLN® Cigarettes for Growth as FDA Considers 0.7 mg/g Nicotine Cap
22nd Century Group (Nasdaq: XXII) reported early commercial momentum for its FDA-authorized VLN® very low nicotine cigarettes, distributing approximately 8,800 cartons across 1,700 new U.S. retail outlets in the fourth quarter of 2025, while forecasting expansion to more than 5,000 retail points in 2026.
Business
Feb.24
Small ENDS Manufacturers Press FDA on Abuse Liability Standards as Agency Defines Pharmacological Review Framework
Small ENDS Manufacturers Press FDA on Abuse Liability Standards as Agency Defines Pharmacological Review Framework
At the third session of its PMTA roundtable, the FDA outlined its framework for assessing abuse liability in ENDS products, emphasizing the role of nicotine pharmacokinetics and product-specific data in APPH determinations. Small manufacturers questioned the high cost of clinical PK studies and the absence of defined numeric thresholds, while raising bridging strategies and PBPK modeling as potential alternatives.
Feb.11