Debate Continues Over Legality and Benefits of E-cigarettes

Sep.05.2022
Debate Continues Over Legality and Benefits of E-cigarettes
The debate continues on whether e-cigarette bans will make them equivalent to traditional cigarettes, as courts continue to discuss their legality.

As the legal use of electronic cigarettes continues to be a topic of debate in court, the discussion over whether a ban would simply transform e-cigarettes into regular cigarettes also persists.


Following the Federal Appeals Court's decision in June to block the FDA's ban, Juul is now able to continue selling its electronic cigarettes. However, in order to remain on the market, the company must prove that its products benefit public health. Essentially, this means proving that adult smokers who use the e-cigarettes may quit or reduce smoking, while youth are unlikely to become addicted to them.


The federal appeals court for the third time rejected a petition from an Illinois-based electronic cigarette manufacturer seeking a review of the FDA's marketing refusal order. A panel of three judges in the Seventh Circuit Court of Appeals ruled in favor of the FDA, dismissing the appeal from Gripum LLC.


Elizabeth Hicks, a US affairs analyst at Consumer Choice Center, warns that banning flavors in electronic cigarettes and tobacco products could lead consumers to revert back to smoking combustible tobacco: "Around 12% of adults reported smoking in 2020, but we can certainly expect that number to increase.


Hicks stated that with more and more individuals smoking, taxpayers in Illinois will ultimately have to foot the bill.


She said this will ultimately lead to an increase in healthcare costs related to smoking, which already costs taxpayers in Illinois over $1.9 billion annually.


Meredith Berkman is working with parents who are against the use of e-cigarettes. They are calling for the removal of all e-cigarettes from the market. According to Berkman, her organization is receiving help from an Illinois senator.


For years, Dick Durbin has been battling the tobacco industry, calling on the FDA to remove these products from the market," Berkman said.


As schools across the country begin their academic year, the organization Berkman is offering a "Guide to E-cigarette Use in Schools" to help parents identify signs of e-cigarette use and provide resources for those who need help quitting.


Disclaimer: 1. This article is compiled from third-party sources and is only meant for industry exchange and learning. 2. The views expressed in this article do not represent the views of 2FIRSTS, and 2FIRSTS is unable to confirm the authenticity and accuracy of the article's content. The compilation of this article is only intended for industry exchange and research. 3. Due to limited compilation capabilities, the compiled article may not fully reflect the original text, and the original text should be relied upon. 4. Regarding any domestic, Hong Kong, Macau, Taiwan, and foreign statements and positions, 2FIRSTS is fully aligned with the Chinese government. 5. The copyright of the compiled information belongs to the original media and author. If there is any infringement, please contact us for removal.



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.

Ukraine Raises Excise Stamp Fees for Tobacco, Heated Tobacco and Vape Liquids by 30.5% as Parliament Backs E-Excise Delay to 2027
Ukraine Raises Excise Stamp Fees for Tobacco, Heated Tobacco and Vape Liquids by 30.5% as Parliament Backs E-Excise Delay to 2027
Ukraine's Cabinet of Ministers adopted Resolution No. 1259 on October 15, 2026, increasing excise stamp production fees for tobacco products and e-cigarette liquids by approximately 30.5%, from UAH 0.1643 to UAH 0.2144 per stamp. Fees for alcoholic beverages rose by about 30.2%. Separately, Ukraine's parliament passed Bill No. 15532 on October 13, proposing to postpone the full implementation of electronic excise stamps and traceability for alcohol, tobacco and e-cigarette liquids from November 1, 2026, to July 1, 2027. Parliament cited additional testing, configuration and integration requirements. The bill was sent to the president for signature on October 19.
Regulations
Oct.21
Pennsylvania Vape Directory Enforcement Starts Oct. 19, Barring Retail Sales of Unlisted Products
Pennsylvania Vape Directory Enforcement Starts Oct. 19, Barring Retail Sales of Unlisted Products
Pennsylvania's Act 57 vape directory regime will reach the end of its 120-day inventory transition period on Oct. 19. Nicotine-containing e-cigarettes intended for retail sale in the state that are not listed on the Attorney General's ENDS directory will then be barred from retail sale and treated as contraband subject to seizure, forfeiture and destruction. Manufacturers face annual product certification, brand- and style-based fees and a minimum $50,000 surety bond, while retailers and wholesalers must source through licensed channels and monitor the directory.
Regulations
Oct.08
From Vuse, Velo and glo to AI Consulting: Former BAT Content Lead Launches Destreza
From Vuse, Velo and glo to AI Consulting: Former BAT Content Lead Launches Destreza
Former BAT global content lead Andy Parton has left the company and launched Destreza, a London-based AI-native marketing consultancy. Parton previously worked across BAT's New Category brands Vuse, Velo and glo and had also served as Global Brand Lead for Vuse Go. Destreza says it will advise consumer businesses on AI in brand strategy, operating models, capability and agency configuration, using specialist AI agents to support research, strategy and creative development. BAT reported £3.621 billion in New Category revenue in 2025.
Sep.22
Product | PMI Launches TEREA Black Mint Pearl in Japan, Adding First Capsule Variant to Black Range With Nationwide Rollout From October 19
Product | PMI Launches TEREA Black Mint Pearl in Japan, Adding First Capsule Variant to Black Range With Nationwide Rollout From October 19
Philip Morris Japan (PMJ) launched TEREA Black Mint Pearl on October 15, 2026, introducing the first capsule-equipped heated tobacco stick in the TEREA Black range for IQOS ILUMA devices. The product combines a strong menthol profile with a crushable mint capsule and is priced at ¥640 per 20-stick pack, including tax. Sales began at four IQOS stores and selected retail partners on October 15, with distribution expanding to convenience stores and other tobacco retailers nationwide from October 19. The launch brings Japan's TEREA portfolio to 28 variants, including 21 menthol-related products, or 75% of the range.
product
Oct.16 by 2Firsts Perspectives
Gallery | InterTabac 2026 Opens as VAPORESSO, SKE, GREENTANK, GEEK BAR and Other Brands Take the Floor
Gallery | InterTabac 2026 Opens as VAPORESSO, SKE, GREENTANK, GEEK BAR and Other Brands Take the Floor
InterTabac 2026 opened in Dortmund, Germany, on September 15 alongside NUBIZ and InterSupply. According to the latest figures released by the organizer, the three trade shows bring together around 750 exhibitors from 64 countries. On site, 2Firsts observed vaping and related brands including VAPORESSO, DOJO, SKE, GREENTANK, GEEK BAR, HQD and ELUX.
Special Report
Sep.15
Special Report | From New York to Washington: How FDA’s Tobacco Center Is Reworking Product Review
Special Report | From New York to Washington: How FDA’s Tobacco Center Is Reworking Product Review
FDA’s Center for Tobacco Products is reshaping how it approaches tobacco product review. Based on 2Firsts’ on-site reporting in New York and Washington, this report traces CTP’s emerging direction: stronger links between PMTA and tobacco harm reduction, more category-specific review, greater emphasis on decision-relevant science, more predictable timelines and expanded use of sPMTA for product modifications. CTP also acknowledged major constraints, including just nine PMTA review teams, persistent backlogs and limits on hiring capacity.
Regulations
Oct.08