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.

U.S. Expands Illicit Vape Enforcement as ATF Brings PACT Act Powers Into Trade Fraud Task Force
U.S. Expands Illicit Vape Enforcement as ATF Brings PACT Act Powers Into Trade Fraud Task Force
The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives said on September 23 that it has joined the interagency Trade Fraud Task Force to strengthen enforcement against illegal, misdeclared and smuggled vape and tobacco products. ATF will bring its authority under the Prevent All Cigarette Trafficking Act into the task force, including registration, reporting, shipping and record-inspection requirements covering interstate sales of electronic nicotine delivery systems. ATF said the move will strengthen its ability to trace illicit products from U.S. points of entry through domestic trafficking and distribution networks.
News
Sep.28 by 2Firsts Perspectives
2Firsts First Look|China to End VAT Export Rebates on Vape Devices and Nicotine in April 2027, Following Earlier Removal for HTP Devices and Nicotine Vapes
2Firsts First Look|China to End VAT Export Rebates on Vape Devices and Nicotine in April 2027, Following Earlier Removal for HTP Devices and Nicotine Vapes
China's Ministry of Finance and State Taxation Administration announced on October 12, 2026, that value-added tax (VAT) export rebates for vape devices, nicotine and its salts, and certain non-combustible inhalation products will be eliminated from April 1, 2027. The measure adds four tobacco- and nicotine-related customs codes, including 8543400010, which covers vape devices and qualifying empty pods. China previously eliminated rebates for nicotine-containing vaping products and devices under code 8543400090 in April 2026. According to industry classification information held by 2Firsts, the latter currently corresponds to heated tobacco devices. Export excise tax refund and exemption arrangements will remain unchanged.
Special Report
Oct.12
Philippines BIR Steps Up Illicit Vape Enforcement Ahead of Christmas Shopping
Philippines BIR Steps Up Illicit Vape Enforcement Ahead of Christmas Shopping
The Philippines’ Bureau of Internal Revenue is intensifying enforcement against illicit vape and tobacco products ahead of the Christmas shopping season, directing regional and enforcement offices to strengthen monitoring of production sites, warehouses, distribution channels and retail outlets. The BIR destroyed 240,550 illicit vape products in August with an estimated tax liability of about PHP1.53 billion. A nationwide tax-compliance operation in July also inspected 3,590 businesses involved in tobacco and vapor products.
Regulations
Sep.17 by 2Firsts Perspectives
Product | Philip Morris Japan Teams Up With Renowned French Audio Brand DEVIALET for Limited-Edition IQOS Priced 60% Above Standard Model
Product | Philip Morris Japan Teams Up With Renowned French Audio Brand DEVIALET for Limited-Edition IQOS Priced 60% Above Standard Model
Philip Morris Japan (PMJ) launched the limited-edition IQOS ILUMA i PRIME Soundsorial Model in collaboration with French audio brand DEVIALET on October 1, 2026. Featuring sound-wave patterns, a silver-and-black finish and a gradient holder, the heated tobacco device is priced at JPY 15,980, including tax, and is available at four IQOS stores in Japan. According to Japanese media citing a PMJ representative, about 1,900 units were allocated to the Japanese retail market. A separate Soundsorial Collection, combining the device with DEVIALET Gemini II earbuds, includes 440 sets allocated to Japan for a membership prize draw.
product
Oct.23
Los Angeles Cracks Down on Illicit Flavored Vapes and Counterfeit Goods: 12 Businesses Searched, 24 Arrested, Eight Truckloads Seized
Los Angeles Cracks Down on Illicit Flavored Vapes and Counterfeit Goods: 12 Businesses Searched, 24 Arrested, Eight Truckloads Seized
Los Angeles authorities searched 12 businesses and arrested 24 people during a multi-agency operation targeting illicit flavored vaping products, flavored cigarettes and counterfeit merchandise on October 22, 2026. The Los Angeles County Sheriff's Department said approximately eight tractor-trailer loads of merchandise were seized. Alleged violations involved flavored tobacco sales restrictions, tobacco licensing requirements and counterfeit trademark laws. Local, state and federal agencies participated. Authorities have not disclosed the number, brands or value of vaping products seized. Investigations remain ongoing.
Enforcement
Oct.28
UK Vape Duty Starts in October as Hayati, DOJO and Others Launch Lower-Capacity Products With Lower Per-Unit Tax
UK Vape Duty Starts in October as Hayati, DOJO and Others Launch Lower-Capacity Products With Lower Per-Unit Tax
The UK's Vaping Products Duty will take effect on October 1, 2026, at a flat rate of £2.20 per 10ml of vaping liquid. Ahead of implementation, DOJO, PIXL and Hayati have introduced or been reported to be adding lower-capacity tiers alongside larger products. DOJO has added a 6ml BLAST7K Fresh below its 10ml BLAST10K Fresh, PIXL offers both a 12ml 8000 and a 6ml 5K, while retailer Ninja Vapes says Hayati is preparing a 7ml 4K alongside its existing 12ml 6K. The pattern points to a growing lower-capacity tier in the UK market, although the brands have not all explicitly linked the changes to the new duty.
Sep.23