Tobacco Asia

July/August 2026 - Volume 30 Number 4

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16 tobaccoasia FRONT PAGE NEWS 卷首新闻 Hong Kong lawmakers approved tobacco-control legislation in 2025 that included a phased ban on flavored smoking products. The law prohibits the sale of flavored tobacco products other than menthol beginning in 2027, while authorities plan to address menthol products at a later stage. Officials have framed the measures as part of a broader campaign to reduce smoking rates and limit youth uptake of tobacco and nicotine products. The government has also outlined plans to expand restrictions on alternative smoking products, including e-cigarettes and heated tobacco products, through a phased implementation approach. Makary Resigns from FDA Former US Food and Drug Administration (FDA) commis- sioner Marty Makary resigned on May 12 amid growing political pressure, internal disagreements, and controversy surrounding the agency's evolving approach to flavored vaping products. Multiple media reports said the White House had already decided to replace Makary before his resignation, bringing an end to a 13-month tenure marked by disputes over regulatory and public health priorities. According to Reuters and other outlets, disagreements over flavored e-cigarettes contributed to the decision. Adminis- tration officials reportedly expressed frustration with Makary's reluctance to authorize fruit-flavored vaping products, including devices that use Bluetooth-enabled age verification technology. Earlier in May, FDA authorized four pod-based vaping products from Glas Inc., including mango, blueberry and two menthol varieties. The decision marked the agency's first authorization of fruit-flavored e-cigarettes after years of rejecting similar applica- tions over concerns about youth appeal. FDA limited the authorization to adults aged 21 and older and cited the company's age verification system as a key factor. Users must submit government-issued identification through a smartphone app, connect the device via Bluetooth and complete periodic biometric checks before the products can operate. The decision followed a broader shift in FDA policy. In March, the agency released draft guidance suggesting that some non-tobacco flavors, including mint, coffee, tea, spice and menthol, may help adult smokers move away from cigarettes, while maintaining concerns about sweeter flavors. Shortly after authorizing the Glas products, FDA announced it would relax enforcement against certain unau- thorized vaping and nicotine pouch products with applications under review. Companies that meet FDA data requirements may avoid enforcement action while regulators complete the review process. The decisions drew praise from parts of the vaping industry but criticism from health organizations and anti-vap- ing groups, which argued that fruit-flavored products could still attract underage users despite technological safeguards. Makary also faced challenges over FDA decisions involving vaccines, abortion-pill reviews, and drug approvals. Despite the controversies, he promoted greater use of artificial intelligence in drug reviews, accelerated pathways for rare- disease treatments, and efforts to streamline regulatory procedures, according to Associated Press reports. FDA deputy commissioner for food Kyle Diamantas will serve as acting commissioner while the administration searches for a permanent replacement. Reuters reported that former FDA commissioners Stephen Hahn and Brett Giroir remain among the candidates under consideration. The flavored-vape debate also contributed to the resignation of Richard Danker, former assistant secretary for public affairs at the Department of Health and Human Services. In a resignation letter reviewed by ABC News, Danker criticized the authorization of fruit-flavored e-ciga- rettes and accused senior officials of supporting policies that could expose children to nicotine products. . Vietnam Eyes Generational Tobacco Ban Vietnam's Ministry of Health has proposed a "tobacco-free generation" policy that would permanently bar anyone born on or after January 1, 2010 from buying or using tobacco prod- ucts. The measure forms part of draft amendments to the country's Law on Prevention and Control of Tobacco Harms. The draft amendments include two key proposals: a ban on the production, trade, storage, transit, transportation, advertising, promotion, sponsorship, concealment and use of e-cigarettes, heated tobacco products and other next-genera- tion tobacco products; and a prohibition on tobacco product displays by wholesalers and retailers in all forms. For the generational ban, the ministry adjusted the wording of the policy after feedback from government members. Earlier drafts referred to "establishing a smoke-free Vietnamese generation beginning with those born after 2010." The ministry later revised the proposal to focus specifically on banning people born from January 1, 2010 onward from purchasing and using tobacco. The ministry said it conducted an impact assessment and concluded the measure could significantly reduce smoking rates if authorities and consumers comply with the law. Officials also said the policy could reduce exposure to second- hand smoke and lower healthcare and productivity-related losses linked to smoking. Authorities have linked the proposal partly to rising nicotine use among young people. A 2023 survey conducted across 11 provinces and cities found e-cigarette use among students reached 8.1%, according to the ministry. The proposal arrives as Vietnam continues tightening tobacco regulation more broadly. The Ministry of Health has already proposed stricter rules covering smoking in public places, indoor smoking bans, and restrictions on tobacco product displays at retail outlets. Vietnam has also moved aggressively against alternative nicotine products. In late 2024, officials proposed banning e-cigarettes and heated tobacco products, citing concerns about increasing youth use. The National Assembly later approved amendments to the Investment Law that prohibit investment and business activities related to e-cigarettes and heated tobacco products beginning in 2026.

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