The e-cigarette market in America, which accounts for half the global market, seemed to be on the verge of regulation last year, but it is still too hard to regulate.
Recently found, a number of “one-time” by the United States FDA warning. However, it seems that after the FDA warning, there are lawsuits, and the pace of regulation is not quick.
In any case, let’s just say that the United States remains concerned about single-use e-cigarettes.
Currently in the United States: elf bar, Kangvape Onee Stick, Bidi Stick, HQD Cuvie Plus, Breeze Plus, Hype Max Flow, Esco bar, Loon Maxx (The Loon), Breeze Smoke Breeze Pro, Air Bar Lux, Fog Max Pro, GR Gill e-cigarettes, MOTI MOJO, and VAZO_Zippo are all well known disposable products. Some one-time, annual sales as high as $100 million or more.
The Federal Trade Commission’s (FTC) report on e-cigarette sales and advertising across the United States also shows that sales of single-use e-cigarettes and mint-flavored e-cigarette cartridges have risen sharply since 2020. Single-use e-cigarette sales in the United States have grown from less than 2 percent of the convenience store e-cigarette market to 33 percent in three years, according to IRI, a Chicago-based market research firm. Among Americans ages 18 to 29, 17 percent reported using e-cigarettes. In fact, these features have made single-use e-cigarettes particularly popular in the United States. Flavored, disposable e-cigarettes account for one-third of the U.S. market.
There are several changes to the characteristics of e-cigarettes in the United States this year that can be watched.
1.Synthetic nicotine is regulated.
Since 2020, the United States has banned flavors other than tobacco and mint.
At that time, there was a rise in nicotine use in the United States, and it was mostly synthetic nicotine. Synthetic nicotine is not regulated because it is outside the scope of nicotine, and synthetic nicotine is booming because it is heavily flavored.
But in July, the FDA proposed that synthetic nicotine must also prove safe and be approved by PMTA before it can be marketed.
So far, the FDA has received PMtas for nearly 1 million synthetic nicotine products, of which more than 800,000 have been rejected. Only PMtas covering 350 products are currently accepted for institutional review.
The usual penalty for a violation is that the FDA’s enforcement action starts with the manufacturer and sends a warning letter to the company informing them that their product is illegal on the market. If the company continues to sell its product, then the FDA can take further action, including assessing fines, confiscating the product and seeking an injunction in court.
2.Menthol e-cigarettes are also banned.
In October 2022, the FDA issued a ban order on Menthol e-cigarettes. For example, the US Food and Drug Administration (FDA) recently issued a marketing denial order (MDO) for several mint-flavored electronic cigarette products from Logic Technology Development; Japan Tobacco has been banned from marketing mint-flavored e-cigarettes under its Logic brand in the United States, saying its menthol containing e-cigarette products do not meet public health standards. The FDA also said it “prohibits menthol in tobacco products and will not approve any flavored e-cigarette product other than tobacco flavored.”
And the rejection of Logic, the first menthol e-cigarette to be banned in the United States, is enough to show that banning the minty flavor is already America’s message.
In fact, of the more than 20 PMTA approved e-cigarettes in the United States this year, not a single mint flavor has been approved, and a large number of mint flavors have been rejected, indicating that mint flavor is already banned in the United States. That’s more than the mint flavor allowed in 2020, which is basically banned today.
Take JUUL, for example. In 2020, the FDA stopped Juul from selling its sweet and fruit-flavored vaping products, leaving the traditional nicotine and menthole-flavored products in place. This year, the FDA ordered all of its e-cigarette products to be pulled from the market.
3.The FDA “ban” doesn’t seem to work well in the United States.
In fact, the United States because of the national system and the relationship between cities and states, FDA “ban” is often not accepted.
Such as banning seasoning, in fact, many cities in the United States are still selling seasoning.
Also, in the United States, FDA regulation seems vulnerable to prosecution.
Makers of Hyde and Juno e-cigarettes (disposable manufacturers), for example, are suing the Food and Drug Administration and the Department of Health and Human Services, claiming that the agencies violated the Administrative Procedure Act. Because, at the time the RTA refusal order was issued, more than $1 million had already been spent on PMtas and planned to spend more than $10 million in total on PMtas. Moreover, FDA did not consider timely changes required for proper submission, and FDA acted arbitrarily, capriciously and in a manner inconsistent with applicable law in issuing the order of denial.
Even retailers are suing the FDA, such as Texas-based Vapor Train 2 LLC, which is also a plaintiff in the lawsuit. The companies asked a federal court in Texas to temporarily stay the FDA’s RTA order.
Even the American Vaping Association, which is leading the charge against the FDA, says it’s hurting small businesses.
The Electronic Cigarette Association (USVA), for example, is suing the Food and Drug Administration over its handling of Pre-sale Tobacco product Applications (PMtas) and their impact on small businesses.
4.Youth has become a “feature” of e-cigarettes in the United States this year.
E-cigarette use in the United States has become younger in recent years and is increasing in frequency and intensity, according to A new study by researchers at Massachusetts Hospital in collaboration with Stanton A. Glantz, a retired professor at the University of California, San Francisco. According to the data, the minimum age of e-cigarette users in the U.S. decreased by an average of 1.9 months per year between 2014 and 2021.
The FDA has also recently sent warning letters to five e-cigarette manufacturers for marketing vaping products aimed at young people.
Deyouth, too, must be a practice in the United States this year.
5.Regulation tends to be “strict”.
In fact, regulations on e-cigarettes in the United States have tightened this year.
Imagine that more than 8.01 million vaping and vaping products have been approved by the FDA for PMTA, and only about 20 have been approved so far. On behalf of more than 7 million people were denied. Of these, the FDA has refused to allow or deny marketing authorization for about 7.75 million e-cigarettes and nicotine vapor products.
It is also expected that FDA will complete its review of these remaining PMTA applications, which include JUUL, Vuse, NJOY, Logic, Blu, Smok, and Puff Bar applications, by June 30, 2023.
As of now, the FDA has authorized the sale of only 23 vaping devices and nicotine e-liquids sold by RJ Reynolds Vapor Co., NJOY and Logic. The only flavor allowed is the tobacco-flavored nicotine vape. To date, the FDA has not authorized any flavor other than tobacco flavor for e-cigarettes and liquid nicotine products.
Even the flavoring of cigarettes is banned. For example, the FDA will ban menthol as a flavor in cigarettes, cigarette tobacco and heated tobacco products. It will also ban any flavor in cigars.
But for now, seasoning is still crazy in America. The data also shows that 85% of the more than 3.08 million users in the US Youth 2022 Tobacco Survey use flavored e-cigarettes.
6.E-cigarettes are starting to compete?
In the US, Puff Bar (14.5%), Vuse (12.5%), Hyde (5.5%), SMOK (4%) and Focol(2%) are the most popular brands. Puff Bar ranked third in this year’s list of disposables, behind Bidi Stick and Blu, according to Nielsen. And the recent resumption of sales of PuffBar, an American e-cigarette brand, is a new version that does not contain nicotine. That compares with $156 million in 10-month e-cigarette sales at Puff Bar last year. Among the existing users, Puff Bar is the most used e-cigarette brand among American teenagers, with 730,000 young users, accounting for 29.7%. Also preach daily shipments of 700,000; Vuse ranked second with 580,000 users, accounting for 23.6%. JUUL ranked third with 540,000 users, or 22.0%
In Europe, by contrast, disposals are still very much in vogue, and there is not much regulation and plenty of room for freedom. Some also expect disposable products to maintain high growth this year and next, with the introduction of disposable e-cigarettes to overseas markets and rapid entry into the European market through disposable products in collaboration with core customers. At present, the European e-cigarette market is mainly concentrated in the UK, France, Germany, Italy and Spain. These countries have a large population and cover a wide area, which also radiates to the surrounding northern Europe, Sweden, Scandinavia and other markets. For example, Spain is relatively tolerant, and the one-time demand increase is obvious recently. In Eastern Europe, Lithuania, Kuwait, Slovakia and other countries maintained a one-time increase.
What’s more, at the cost of subverting user engagement, the channel is more widely penetrated, with more frequent re-purchase, convenience and quick-consumption properties, rather than just relying on stores.
At the same time because of a large number of one-time, become this year’s Europe and the United States, and even the Middle East area of the new product, is also the current global e-cigarette more best-selling category.
