It is time to enforce existing regulation. Please.

The vaping sector is still relatively new and one that we and others believe is providing potentially less harmful alternatives to smoking.

The recent reported lung injury cases are very concerning and especially as these could have been avoided. Together with the claimed “epidemic” in teen vaping, there is a perfect storm brewing, triggered in the US where the pressure of the mass media is leading to sometimes impulsive and potentially harmful regulatory reactions that are also damaging consumer perception and confidence in the entire industry. There is little consensus between regulators, commentators or health bodies about the appropriate response: some US states and some countries are calling for vaping to be banned, while other stakeholders such as Public Health England, speak out strongly in defence of vaping.  

With such mixed messages, one can understand that adult consumers now need some clarity and confidence in their products, and know which manufacturers, like JTI, are operating responsibly and which ones aren’t. Most urgently, those that have been affected by the reported vaping illnesses deserve answers.

Initial investigations suggest that the vast majority of lung illnesses and deaths in the US have been caused by consumers using e-liquids containing cannabis oil (THC) and other substances. From a JTI perspective, we don’t, and never have, offered this type of product to consumers, for good reasons. In addition, our products are factory-sealed and not intended to be refilled, thereby substantially mitigating the risk that third parties may introduce harmful or illegal ingredients.

Information released so far suggests that most products involved were unregulated and illegally marketed. What is very clear, among other things, is that rogue manufacturers and counterfeit vapes are on the rise. We have been pushing on the doors of regulators for the past two years, alerting them to the fact that the black market in vaping products may become a new public health threat, and encouraging them to take robust action in this area. We are reassured that the US Drug Enforcement Administration is now actively involved.

We continue to raise awareness of the issue: working with the FDA, Congress and law enforcement, we have helped shut down over 5,890 listings selling fakes on the likes of eBay and Amazon. We have also helped the FDA and US Homeland Security identify illicit manufacturers, leading to significant seizures of fake vapes, raids and many arrests.  

While the latest news of lung illnesses is taking most of the media and regulator attention (and rightly so), we should not lose focus on wider parental concerns about teen vaping. As a parent myself, I am acutely aware of the responsibilities placed upon JTI to act responsibly and not to position our products, sell them or advertise them in a way that is attractive to minors. I am also acutely aware that it took only a handful of industry players to risk jeopardizing the entire emerging vaping industry, given their recklessness in their sales and marketing practices. It is regrettable that those who have grown their businesses and profited through youth vaping have caused tremendous and potentially lasting damage, and those who let this happen on their watch need to reflect.

JTI has and always will apply a responsible and restrained approach to marketing its products, be they combustible tobacco or products with the potential to reduce harm. We don’t communicate on sports, teen music and celebrity gossip, for example. We don’t present vaping as a risk-free activity, and don’t work with celebrities or influencers who are under 25 years old and whose main target audience is minors. Our US corporate website uses strict, independent age-verification, and we proactively help close websites that don’t have similar stringent purchase age-restrictions. 

On the other hand, we believe that communication with adult consumers is important. Banning communication would eliminate choice for the adult vaping community, remove an ability to share important information to consumers, and essentially remove competition in favor of the largest, established manufacturer.  

If adults are considering moving from cigarettes to potentially safer alternatives, innovation and scientific data can be a large motivator. We don’t believe that a blanket ban on vaping flavors will help tackle the teen-vaping issue. Instead, we are calling for real, effective action to ensure that no minor can access or consume vaping products, while increasing penalties for those retailers who fail to comply. The teen vaping issue appears more prevalent in the US, and perhaps lessons can be learned from other countries where this is not such an issue. 

The vaping sector in the US is one that can and should have a strong future, provided the public is protected by a proportionate and effective regulatory framework that is enforced. If that can be achieved, this sector will mature and the risk of youth use and the proliferation of unsafe products should cease. 

We encourage regulators and public officials not to attribute the unlawful and reckless practices of a few vaping manufacturers, or illegal producers, to all companies that sell vaping products. All manufacturers, together with regulators, have the duty to respond quickly and decisively to make sure that vaping products are made and sold in the right way, and with appropriate safeguards in place.

The FDA and other regulators around the world can continue to count on JTI’s support to be open and transparent about our products, not just for our benefit, but also for millions of smokers who choose to seek potentially safer alternatives.

I am confident that the FDA and DEA can quickly bring this current product scandal to an end. Representing JTI, I can assure you that we aim to be part of the solution.

Eddy Pirard

Originally posted: 17-10-2019