The ban on selling flavored tobacco products in Illinois has taken effect.
New Zealand Law Amendment, E-Cigarette Retailers Openly Sell Prohibited Products
The minister responsible for the industry has stated that some e-cigarette retailers appear to blatantly disregard the new regulations that came into effect on March 21, continuing to promote and sell products that are now banned, and at reduced prices.
These new rules were initially announced by the Labour government over a year ago but were endorsed by the coalition government, including limits on nicotine content and new requirements for disposable products.
According to the Health Department’s rules, e-cigarette substances containing nicotine in salt form (i.e., for use in reusable devices) must now contain no more than 28.5 mg of nicotine per milliliter. Also, as of March 21, retailers can only sell juices complying with updated name restrictions—effectively banning more appealing or child-friendly flavors.
E-cigarette retailers were informed of these changes in mid-2023 and were given six months to sell off stock that would be illegal after March 21. However, The Spinoff found that more than one e-cigarette retailer continued to advertise and sell products with banned flavor names.
An online retailer, The Vaping Kiwi, held a “non-compliant” e-cigarette product sale last week, promoting banned products at reduced prices a week after the regulations took effect. Although it was mentioned that the regulations would come into effect on March 21, The Spinoff purchased an e-cigarette product called “Apple Acai Strawberry” on March 27. The new regulations stipulate that e-cigarette products can only carry labels of one or two flavors from a brand’s approved list. “Acai” is not on the approved flavor list.
This is not an isolated case. The Spinoff visited a trade store that prominently displayed many outdated flavors. The Spinoff bought a flavor called “Ice Cola Wild Cherry.” The clerk indicated they were unaware of any government restrictions on selling these products.
The Health Department urges anyone concerned about the sale of non-compliant products to make a complaint. As RNZ reported last year, fewer than 100 infringement notices have been issued to e-cigarette retailers since the enforcement of e-cigarette regulations began in 2022. The coalition government has pledged to increase corporate infringement fines for e-cigarette retailers to $2000. The maximum fine for retailers found selling e-cigarettes to minors under 18 will increase from $10,000 to $100,000.
Nicotine Pouch Sales Surge 80% to $2 Billion
The e-cigarette market is at a stagnant phase, with illegal products continuing from top manufacturers. Overall e-cigarette sales have fallen by 14.1% year-over-year, according to the latest report from Nielsen Convenience Stores, covering the four-week period ending March 23. In the previous report, these transactions had decreased by 13.9%. However, Zyn remains the best-selling oral nicotine product in the USA, sold by Philip Morris International’s subsidiary, Swedish Match.
Smuggling of Unmarked Tax Nicotine Products Arrested by Canadian Police
On March 29, a local officer working with a member of the Kelowna Joint Forces Special Enforcement Team intercepted a Mercedes SUV violating the Motor Vehicle Act. Police believed the SUV contained illegal drugs, and the driver and sole passenger were later arrested for possession with intent to traffic.
Upon searching the vehicle, they found over 1000 cans of flavored nicotine pouches and 1400 individual e-cigarette products, none of which had the required excise tax seal on the packaging. They also seized a bag containing about $8000 in cash.
“Police believe the suspect intended to sell the flavored nicotine pouches to retail stores for public consumption,” said Sergeant Murray McNeil, adding that in February, the provincial government restricted these pouches to be sold non-prescription only by pharmacists to ensure they are sold only to designated individuals.
Illinois Prohibits the Sale of Flavored Tobacco Products
A city spokesperson confirmed that for retailers with leftover stock, “there is no grace period.” On April 1, the day the city’s sales ban took effect, the shelves of flavored tobacco products at a 7-11 convenience store on Emerson Street were empty. Below a cigarette advertisement, a column displayed a city poster containing the ban information.
The new restrictions cover all flavors in traditional smoking products such as cigarettes and cigars, as well as e-liquids used in vaping devices, regardless of whether “the substance [e-liquid] contains nicotine.” However, this only applies to the sale of products, not their consumption, meaning that smokers will not be penalized for purchasing flavored products outside of Evanston and consuming them within the city.
Licensed retailers who violate the new ban or any other part of the city’s tobacco regulations will face severe penalties: a fine of up to $1000 for a first offense, up to $2500 for a second offense within two years, and a 15-day suspension; a third offense will result in revocation of the license. The city’s tobacco webpage advises retailers to “apply for refunds of any surplus or unsold stock from distributors and wholesalers,” and the city spokesperson, Cynthia Vargas, confirmed in an email to the Roundtable that the enforcement of the ban “has no grace period.”
Greater Manchester Dominates Among the UK’s Top Ten E-Cigarette Capitals
Research shows Blackburn is rated as the UK’s e-cigarette capital, with 27 registered e-cigarette retailers serving 119,707 residents. Considering the population size, this equates to 22.56 e-cigarette stores per 100,000 residents—the highest number in any UK town.
Ranked second is Bolton in Greater Manchester, with 20.26 e-cigarette stores per 100,000 residents. Bolton has 41 registered e-cigarette retailers serving 202,369 residents.
Manchester ranks third, with 110 e-cigarette stores. However, the city’s larger population ensures 19.84 registered e-cigarette retailers per 100,000 residents.
Middlesbrough ranks fourth. Located in North Yorkshire, it has 12.43 e-cigarette stores per 100,000 residents. The town has 22 registered e-cigarette retailers serving 176,991 residents.
Ranked fifth is Salford in Greater Manchester, with 14 registered e-cigarette stores, equivalent to 12.03 per 100,000 residents.
Stockport ranks sixth, with 10.91 e-cigarette retailers per 100,000 residents.
According to the Go Smoke Free list of the UK’s e-cigarette capitals:
- Blackburn
- Bolton
- Manchester
- Middlesbrough
- Salford
- Stockport
- Doncaster
- Newport
- Peterborough
- Nottingham
Scotland to Impose a £10,000 Fine on Disposable E-Cigarette Sales
After the ban takes effect on April 1, 2025, retailers in Scotland selling disposable e-cigarettes may face a tier 5 fine, ranging from £5,000 to £10,000.
This contrasts sharply with regulations in England, where businesses may face an initial fixed penalty notice of £200 for illegal sales, which can be reduced to £100 if paid within 28 days.
The updated rules were published during a six-week consultation by the Scottish government on implementing a ban on disposable e-cigarettes, which expanded the definition of disposable e-cigarettes and outlined fines for businesses that continue to sell and supply disposable e-cigarettes after the ban.
This ban is regulated under separate legislation in Scotland, very similar to that in England. Scotland was the first UK nation to provide more detailed information on the definition of disposable e-cigarettes.
In early 2024, e-cigarettes were excluded from the WEEE Dealer Recycling Program (Phase 7), meaning that retailers selling any number of e-cigarettes must provide one-to-one recycling services. ACS offers detailed advice on how to provide recycling services.