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PMTA Appeal Thrown Out By Judges

The PMTA appeal has been thrown out by a panel of judges.

A coalition of vaping industry groups from across America had filed an appeal in the hope the current deadline of September 2020 could be pushed back or even scrapped.

america vape legislation laws and lawsuits juul

However, judges from the Fourth Circuit Court of Appeals based in Virginia, said the appeal was based on an FDA ruling back in 2017 and given the new deadline has been brought forward from 2022 to 2020, the matter was classed as ‘moot’.

Hey, it’s all very confusing and despite reading the ruling half a dozen times [I’m a glutton for punishment] I can only make out the gist of it!

Legalese pfft!

OK, in all seriousness, because as we know the Pre Market Tobacco Agreement process is some heavy shit – and as things stand right now it could/will mean the end of vaping as we know it in the USA – like I said heavy shit.

The waters were all ready muddied given the FDA kept pushing the PMTA date back, however you’ll remember last year Judge Paul Grimm forced the FDA to act and in effect bring the date forward.

The FDA negotiated and it was agreed September 9th 2020 would be the new date instead of the previous date of 2022…still with me?

Now the vaping groups must decide if they should in effect appeal this appeal by switching focus to the NEW date set by the FDA…

The judges left this option open by adding a footnote to the ruling:

Of course, the Vapor Appellants may challenge the 2020 Guidance, if they so choose, in a separate action brought in the appropriate district court.

As to if the groups involved will submit another appeal hasn’t been decided yet.

We shall of course keep you informed.

Further Reading:

JUUL Quits San Francisco HQ

JUUL is on the move in more ways than one as it announces it’s quitting its HQ in San Francisco.

It’s also slashing 1/3rd of its workforce as tumbling sales and a mountain of law-suits threaten its very existence.

JUUL has also confirmed it is to stop selling its product in a large number of European countries…never a dull moment with these guys!

K.C. Crosthwaite JUUL CEO
K.C. Crosthwaite
image via AP

Apparently the idea is to move to Washington DC and closer to the politicians that have had the knives out for the company since it was inextricably linked to the so called ‘teen vaping epidemic‘.

Good luck with that…pretty sure the damage is done…

The Wall Street Journal broke the news of the move, and published an internal email from JUUL boss and Big Tobacco wunderkind KC Crosthwaite that said:

San Francisco and Silicon Valley still remain incredibly important.

They capture the technological spirit of our company, and we will preserve and grow that spirit.

Crosthwaite also revealed the company was about to quit selling its pod kit in a number of European countries as I revealed in Sunday’s vaping news:

This may feel like a retreat from the international market, but it is not.

Rather, it is about setting the company up for long-term success. We will no longer scale for the sake of expansion.

Good spin right there lol…

It’s understood JUUL will be pulling out of: Austria, Belgium, Portugal, France, and Spain – whilst remaining on sale in: Czechia, Germany, Ireland, Italy, Poland, Switzerland, and Ukraine, as well as Russia and the United Kingdom.

To use the word ‘beleaguered’ to describe JUUL at the moment is an understatement to say the least…

Some might say given the company has persistently thrown vaping under the bus…karma can be a bitch…

JUUL Asks For Clarification

My original headline to this vape news included the line: JUUL Quits HQ and Europe!

I have been asked by JUUL to ‘change’ it as it’s quote factually incorrect

I’m always happy to correct anything I get wrong – fingers crossed in the time I’ve been here that hasn’t happened…yet…

I am going to be very clear here – I have not written anything that is ‘factually incorrect‘ in the article referred to….as I shall explain…

The very nice JUUL spokeswoman [read PR] told me via email:

Appreciate if you could amend this headline in your news round-up “JUUL quits HQ and Europe.” as it is factually incorrect.

As background information, JUUL Labs plans to designate Washington, D.C. as its corporate headquarters, but will maintain a presence in San Francisco.

The business has also has not “quit Europe”. JUUL Labs is not leaving Europe altogether and currently operates in 14 European markets.

JUUL Labs has announced changes to its organisation as a result of an ongoing strategic assessment of the company — to reset the company and category to earn trust and advance the harm reduction potential for adult smokers, while combating underage use.

Following the assessment, we have determined our current business models in Austria, Belgium, France, Portugal and Spain are not sustainable.

Pursuant to local regulations, we will be consulting with employees in these markets about a potential exit.

Additionally, JUUL Labs intends to cease operations in South Korea. This path has not been chosen lightly and we aim to treat our employees with the utmost respect during this difficult time.

The international market will continue to be incredibly important to the mission and our business, to position JUUL Labs for the long term and ensure our company is financially sound.

So and for the record…

JUUL has quit part of its team from the HQ in San Francisco to make Washington DC its corporate headquarters…

And JUUL is looking to quit sales in some parts of Europe…those being Austria, Belgium, France, Portugal and Spain – which are quite large countries…

I don’t believe the original headline was factually incorrect – it was a headline designed to ‘sum up’ the story.

Readers would be left in no doubt after reading the article, JUUL was leaving its HQ and were leaving major European countries.

Headlines are just that – a brief synopsis of the fuller story…usually snappy – sometimes a witty play on words and always tight…

BTW the word Quit means: leave (a place), usually permanently.

However, and in the interests of a quiet life and the fact I can’t be arsed to argue the semantics…I’ve amended the headline – not quite as snappy as JUUL Quits HQ and Europe!

But hey always happy to help.

Kiwis Switching To Vaping In Droves

Despite all vape shops locked down, smokers in New Zealand are switching to vaping in high numbers.

The co-owner of Alt New Zealand and Vapo – Ben Pryor – has seen a 30% increase in online sales of starter kits since the COVID-19 shutdown.

vapo-haiz pod kit popular in new zealand
Vapo Haize pod kit popular in NZ

And as the country’s politicians ponder new vape regulations, Ben says any new vape laws the MUST take into consideration just how many Kiwis are making the healthier switch:

We’ve really noticed a big increase in our Alt and Vapo Haiz starter kit sales.

Our call centre is reporting that many smokers are using this time to quit tobacco so are seeking advice and turning to considerably safer and cost-effective vape products more than ever.

There are a few things at play here.

People are quitting cigarettes because of their sheer cost and the increasing pressure many household budgets are now under.

At the same time, the threat of Covid-19 has made many smokers more cognizant of their respiratory health and smoking’s second-hand effects on others in their bubble.

He urged politicians to bare this in mind adding:

About 5,000 Kiwis die from smoking-related illnesses every year.

Whereas not one New Zealander has ever died from a vaping-related death, let alone a reported hospitalisation.

Without doubt, Covid-19 is providing Kiwis a unique opportunity to quit smoking, with many now turning to vaping for their nicotine fix.

This is a timely reminder that any new vaping regulations must continue to encourage and enable smokers to make that switch.

Let’s hope the Government of New Zealand acts appropriately…

Webinar Invite – Vaping in the World of Covid-19

Set your calendars for what looks like being a VERY interesting vape based webinar.

It will be hosted by the excellent Reason Foundation and feature a panel of experts with the title Vaping in the World of Covid-19.

reason foundation vaping and covid-19 webnair

The organizers say:

Numerous sources have suggested vaping could be a risk factor for either contracting or increasing the severity of COVID-19.

Some politicians have gone so far as to demand the FDA temporarily ban e-cigarettes until the pandemic subsides.

The World Health Organization claims the tobacco industry is creating doubt about the risk of nicotine & tobacco product use and COVID-19.

The panel includes Michelle Minton who’s work I greatly admire – and her articles are a must read and not just on vaping and tobacco either – but personal liberty and freedoms too.

Should be an interesting event and is set for May 19, 2020 12:30 PM in Eastern Time (US and Canada)


Bit of a quiet few days for vape news…

I was going to cover the hit piece on vaping by the so called Bureau of Investigative Journalists.

Investigative my arse…

As Dave Cross points out over at POTV, they’ve lost all independent credibility since taking cash from anti-vaping pin up Michael Bloomberg.

So it’s purely a coincidence they’ve written hit piece after hit piece about vaping and e-cigarettes…

Like I said, investigative my arse…

OK more vape news on Sunday.

I have simpler vape tastes these days - I never leave home without a Caliburn G, a Vaporesso Luxe 40 or Innokin EQ FLTR and a CBD vape pen or bottle of CBD drops in my rucksack...or indeed an Aspire Nautilus Prime X in my pocket... At home I'll be using various mods topped with the GeekVape Zeus X RTA or the Signature Mods Mono SQ topped with the Augvape BTFC RDA... I'm a former journalist and now a writer and sometimes author... I'm ex Army - adore dogs and never happier than hiking over the hills or with a good book on a beach.


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