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SPECIAL REPORT  1
BY MARTINNE GELLER
BigTobaccois
concernedfor
yourhealth
Some tobacco companies are
pushing for tough rules on
e-cigarettes. Small e-cig firms
say this could kill them
E-CIGARETTES
NO SMOKING: Scientists say
inhaling vapour is probably much
safer than smoking tobacco, but
no-one knows for sure. This person is
“vaping” outside the offices of British
e-cigarette manufacturer Totally
Wicked. REUTERS/PHIL NOBLE
SPECIAL REPORT  2
E-CIGARETTES BIGTOBACCO IS CONCERNED FORYOUR HEALTH
LONDON, MARCH 23, 2015
T
he health warning on a MarkTen
electronic cigarette package is 116
words long.
That’s much longer than the warnings
on traditional cigarette packs in the United
States. Nicotine, the e-cigarette warning
says, is “addictive and habit-forming, and it
is very toxic by inhalation, in contact with
the skin, or if swallowed.” It is not intended
for women who are pregnant or breast-
feeding, or people ... who take medicine for
depression or asthma.“Nicotine can increase
your heart rate and blood pressure and cause
dizziness, nausea and stomach pain,” says
MarkTen, a leading brand in the United
States.The ingredients can be “poisonous.”
MarkTen’s parent company Altria,mak-
er of Marlboro cigarettes, said the language
seemed appropriate. There is no required
health warning on electronic cigarettes in
the United States, so “we had to do what
we thought was right,” said a spokesman
for Altria Client Services.
The company’s frankness about the per-
ils of nicotine dates back to the late 1990s,
when it led a campaign for cigarettes to
be regulated by the U.S. Food and Drug
Administration (FDA). Small tobacco
companies at the time said the big guys
would use regulation to seal their domi-
nance. Today, small e-cigarette makers are
saying the same thing. Many argue that
firms like Altria and Reynolds American
want hefty rules to help neutralise the
threat that e-cigarettes pose to their busi-
nesses.By accentuating the risks of ‘vaping,’
they say, big firms may deter smokers from
trying the new devices, even though most
scientists agree they are safer.
“If you read that (warning) as a smoker,
you might think‘Oh,I’ll just stick with a cig-
arette,’” said Oliver Kershaw, a former 15-a-
day-smoker who quit through e-cigarettes
and founded websites that advocate them.
Big tobacco companies have pushed
for a range of controls on e-cigarettes.
These include lengthy health warnings, re-
duced product ranges, restricted sales, and
scientific testing requirements. Kershaw
and others say such efforts risk squeezing
small players. Too many rules would stifle
innovation and reduce the range of prod-
ucts to “a very simple, utilitarian e-ciga-
rette,”said Fraser Cropper, CEO of Totally
Wicked, an independent e-cigarette com-
pany based in the UK.
VAPOLOGY: Serious devotees often go for customisable ‘vaping’ equipment, which is frequently sold
in specialist stores like the one above, in New York. Marlboro maker Altria Group, which also produces
MarkTen e-cigarettes, decided a long warning is appropriate because the government has not yet
stipulated health warnings for the products. REUTERS/MIKE SEGAR, GARY CAMERON
SPECIAL REPORT  3
E-CIGARETTES BIGTOBACCO IS CONCERNED FORYOUR HEALTH
Sources: Howstuffworks; Misthub. Graphic: Chris Inton/Reuters Graphics
The e-cigarette industry has evolved as early models — designed to look like conventional cigarettes —
did not always satisfy. New, modified models are known as ‘mods.’ Some can be personalized.
From cig-a-like to build your own
PERSONAL VAPORIZER
(Also known as e-pen)
Bigger-stronger, user-operated
battery; more powerful “throat-hit” Microprocessor
Stops overcharge,
turns off battery
when empty
Wick
Soaks e-liquid prior
to vaporizing
Larger lithium-ion battery*
Lasts up to three days.
Tank
Larger capacity for flavored e-liquid
Button
Needs to be pressed to vaporize
e-liquid. On/off switch.
Mouthpiece
Heating coil
How it works
1 Device is activated when user
inhales from the mouthpiece
2 Atomizer heats up liquid in
cartridge
3 Vapor is produced.
E-CIGARETTE OR “CIG-A-LIKE”
(Resembles a real cigarette)
LED
indicator
Heating coil Mouthpiece
Lithium-ion battery
Can be recharged from a wall
outlet, car, or a USB port.
Replaceable cartridge
Stores flavored e-liquid which
contains propylene glycol and
varying amount of nicotine.
Microprocessor
Controls atomizer and light
Atomizer
REBUILDABLE ATOMIZER
(Dripper type)
More customizable; some users
build their own. Can be easily
taken apart to replace wicks
and heating coils
E-liquid drips from the tank
to the heating coil which
turns it into vapor
Vapor goes back to the
mouthpiece during inhalation.
Tank
Mouthpiece
Heating coil
Wick
Lithium-ion battery*
* Battery section can be paired
with other vaporizer variants.
SPECIAL REPORT  4
E-CIGARETTES BIGTOBACCO IS CONCERNED FORYOUR HEALTH
Big tobacco companies say their goal
in pushing for firm control is not to hurt
smaller competitors. Regulation will ben-
efit consumers and e-cigarette companies
alike by ensuring safety and quality stan-
dards and boosting confidence, they say.
Small companies should not be exempt
from responsible behaviour.
“Our stated goal is to get to e-vapour lead-
ership, to have the strongest brands in the
marketplace,” said the Altria spokesman. He
could not predict the impact of increased reg-
ulation on smaller firms. “I don’t know how
they run their businesses and what it would
cost them to meet those requirements.”
Most anti-tobacco campaigners agree
that e-cigarettes should be regulated. But
some believe they deserve a lighter touch
than tobacco because they can help smokers
quit,and may be less harmful than smoking.
Measures that make e-cigarettes less ap-
pealing or hard to come by may keep people
smoking,these people say.Clive Bates,a for-
mer head of UK charity Action on Smoking
and Health (ASH),thinks public health of-
ficials who advocate tough controls end up
helping Big Tobacco’s conventional brands.
“They really are all doing their utmost to
protect the cigarette trade,”Bates said.“They
just don’t realise it.” He thinks regulations
should encourage smokers to quit,or switch.
The image of e-cigarettes is already
changing. The proportion of people in
Britain who think vaping is just as harm-
ful as smoking doubled last year to 15 per-
cent, according to a survey by ASH. In the
United States, a similar picture is emerg-
ing.The growth in U.S. sales of e-cigarettes
slowed to 5 percent in the fourth quarter
last year from 19 percent a year earlier, ac-
cording to Wells Fargo analyst Bonnie
Herzog. She attributes that partly to in-
creased uncertainty about the products.
Derek Yach, a director at Vitality
Institute,a health research company,doubts
there is any “conspiratorial effort” to crush
the new business. But he says that “if the
dominant message is one of doubt, then
the status quo gets maintained.” Yach once
headedtobaccocontrolattheWorldHealth
Organization and worked at PepsiCo.
Japan Tobacco International, the world’s
third-largest tobacco company,thinks strict
regulations could hurt young firms. “If you
make it extremely hard (to comply), you
would drive small companies out of busi-
ness,”said Ian Jones,JTI’s head of scientific
and regulatory affairs for emerging prod-
ucts. “You would lose the value of the cat-
egory, you would lose the spark.”
“OPEN SYSTEMS”
E-cigarettes came onto the market a de-
cade ago promising a safer nicotine fix.The
devices heat nicotine-laced liquid to cre-
ate an inhalable vapour, rather than burn
tobacco. That gives smokers the traditional
hand-to-mouth ritual without the deadly
smoke.
The global vaping market, which could
top $7 billion this year, is evenly split be-
tween cigarette look-alikes, often sold by
tobacco companies, and refillable “vapours,
tanks and mods” – devices which users
modify to suit their needs. These are often
made by smaller firms. Demand for them
is growing three times as fast as the overall
market, as users say they find them more
satisfying than early all-in-one models.
Serious devotees favour such refillable
“open systems”that let them mix and match
liquids and batteries to vary their nicotine
intake. Open systems are often sold in vape
shops and lend an edgy, do-it-yourself cre-
ativity to the vaping community.According
to Wells Fargo,there are now around 8,500
vape shops in the United States and 19,400
globally.Vape shops account for about one-
third of all U.S.sales,while the Internet ac-
counts for another third.
In August, Reynolds – which does not
produce mods – urged the FDA to “ban
open system e-cigarettes, including all
component parts.” Such systems, Reynolds
wrote, present a “unique risk for adultera-
tion, tampering and quality control.”
If the FDA does not want a ban,
Reynolds suggested, it should regulate
vape shops as manufacturers. That would
subject them to FDA inspection, registra-
tion, manufacturing standards and product
clearance requirements.
Vape shops often mix nicotine and fla-
vouring, just as pharmacies compound
drugs, said Richard Smith, communica-
tions manager at Reynolds.This means “the
vape shop seller is a manufacturer under the
applicable laws and regulations.”
E-cigarette independents say such a
move targets them; analysts note that the
businessmodelofbigtobaccofirmsdepends
on mass production, not mix-and-match.
Sources: Nielsen C-Store database,
Wells Fargo Securities; LLC estimates,
and other non-tracked channels.
Expected 2015
U.S. vapor market
In billion dollars
E-cigarettes
Vape shops
Convenience
store, food,
drug, and
mass retail
channels
Convenience
store, food,
drug, and
mass retail
channels
Online and
other retail
channels
Other retail
channels
Online retail
1.2
0.7
0.4
0.4
0.4
0.4
Total: $3.5 bln
Vapors,
tanks,
mods,
personal
vaporizers
SPECIAL REPORT  5
E-CIGARETTES BIGTOBACCO IS CONCERNED FORYOUR HEALTH
“I think they (Reynolds) probably want
that snuffed out before it gains traction,”
said Philip Gorham, an Amsterdam-based
tobacco analyst at Morningstar.
Reynolds says that’s not true. “We fully
support innovation in tobacco products,
including vapour products,” said Smith.
The company wants “a level playing-field
where all manufacturers are subject to equal
treatment.”
DOING THEIR DUTY
ShaneMacGuill,atobaccoanalystatmarket
research firm Euromonitor International,
said Reynolds’ move may seem zealous, but
companies have a duty to shareholders: “It
would be remiss ... of them not to try and
push for the competitive environment that
is as favourable to them as possible.”
Steven Parrish, a former Altria execu-
tive who retired in 2008, said that as long
as people are honest, there’s nothing wrong
with advocating to protect their interests.
And embracing regulation can help the to-
bacco industry win trust.
“I think one of the things the industry
would like to see ... is a world in which the
tobacco industry is much more like the
pharmaceutical industry in terms of how it
operates,” he said: “Very heavily regulated
and maybe not loved and admired, but at
least acknowledged as a legitimate business.”
That makes young people a particularly
sensitive point of tension.
Most e-cigarette companies want tight-
er controls on who can buy, such as a mini-
mum age. Altria’s NuMark goes further. It
says U.S. purchases should also be “clerk-
assisted or conducted in an otherwise non-
self-service environment.”
Smaller e-cigarette makers say that would
hand a big advantage to tobacco companies.
U.S. convenience stores are the main
outlets for tobacco products.Tobacco firms
offer the stores rich incentives to promote
their brands,and according to Morningstar,
tobacco can provide more than a third of
stores’ profit. Cigarettes can only be sold
behind the counter. They are displayed on
heavily branded shelving which the tobacco
firms often provide.
Putting e-cigarettes behind the counter
would force the products to compete for
consumer attention in space that tobacco
firms influence, small companies say.
“As long as you say it has to be 12 feet
from a child’s hand at the counter, it guar-
antees (the e-cigarette) gets onto their wall,”
said Jan Verleur, CEO and co-founder of
VMR,a Miami-based e-cigarette company.
Altria says retailers choose how and
where to display products.
EARLY WARNINGS
Some small e-cig firms are pushing back.
Totally Wicked is challenging Europe’s
Tobacco Products Directive (TPD), which
was adopted in 2014 and comes into force
in 2016.
It’s up to member states to apply the EU
rules in their own way,but the directive says
manufacturers must tell regulators what’s
in a new product six months before launch.
Producers will have to list ingredients,emis-
sions, toxicological data, nicotine doses and
uptake,as well as health effects.A new noti-
fication is required for every big change.
Totally Wicked is fighting the TPD in
the EU Court of Justice in Luxembourg.
Such detailed reporting is more onerous
even than for traditional cigarettes, the
company argues. It says it is disproportion-
ate, considering that e-cigarettes are prob-
ably less harmful. Its CEO says the six-
month notification would slow innovation
in an industry where manufacturers can
move from concept to shelf in 10 weeks.
British American Tobacco’s
ON THE WALL: Small e-cigarette firms say a measure that Altria has suggested to keep electronic
cigarettes out of children’s reach may force them to compete alongside tobacco products on display
walls like this one. REUTERS/LUCAS JACKSON
$7billion
Possible size of the global vaping
market in 2015
Source: Wells Fargo
© Thomson Reuters 2015. All rights reserved. 47001073 0310. Republication or redistribution of Thomson Reuters content, including by framing or similar means, is prohibited without the prior written consent of
Thomson Reuters. ‘Thomson Reuters’ and the Thomson Reuters logo are registered trademarks and trademarks of Thomson reuters and its affiliated companies.
E-CIGARETTES BIGTOBACCO IS CONCERNED FORYOUR HEALTH
SPECIAL REPORT  6
FOR MORE INFORMATION
Martinne Geller, Consumer Goods
Specialist Correspondent
martinne.geller@thomsonreuters.com
Sara Ledwith, Assistant Enterprise Editor
sara.ledwith@thomsonreuters.com
Simon Newman, Photo Editor
simon.newman@thomsonreuters.com
Michael Williams, Global Enterprise Editor
michael.j.williams@thomsonreuters.com
Nicoventures unit agrees with Totally
Wicked that the six-month notice period
“runs the risk of stifling innovation,” ac-
cording to a spokeswoman.
But global tobacco leader Philip Morris
International – which used to be part of
Altria – said it thinks this kind of advance
notification is appropriate to ensure stan-
dards. Its own tests already go beyond the
TPD rules, a spokeswoman said. Robust
scientific research is “something we believe
in as the core of our work in this new prod-
uct category.”
In the United States, the FDA aims to
deliver its final ruling on e-cigarettes in
June. E-cigarette firms there say anything
that requires lengthy and costly trials could
be manageable for big business but may
hurt smaller companies. “The more science
that’s required, the more expensive it be-
comes,” said Sanjiv Desai, general counsel
of U.S. e-cigarette firm VMR.
A spokesman for the FDA said it was
weighing the burden on everyone, includ-
ing small manufacturers. It plans to help
small companies by phasing in new rules.
The European Union also plans to give
firms time to adapt. It has said clear rules
will help smaller firms; it plans to assess the
costs of notification.
For Yach, the former WHO tobacco
official, regulators should remember that
e-cigarettes are more than a new business.
“A heavy smoker has a 20 times greater
risk of lung cancer,” Yach said. “Switch to
e-cigarettes and that risk is virtually going
to zero.”
Edited by Sara Ledwith
TESTING TIMES: Big Tobacco firms like Marlboro maker Philip Morris International have invested heavily in ‘reduced risk’ products which can deliver
nicotine without the toxins found in smoke. They did not originally include electronic cigarettes in their strategy. REUTERS/PETR JOSEK

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Big Tobacco Pushes for Strict E-Cigarette Rules to Deter Smokers

  • 1. SPECIAL REPORT  1 BY MARTINNE GELLER BigTobaccois concernedfor yourhealth Some tobacco companies are pushing for tough rules on e-cigarettes. Small e-cig firms say this could kill them E-CIGARETTES NO SMOKING: Scientists say inhaling vapour is probably much safer than smoking tobacco, but no-one knows for sure. This person is “vaping” outside the offices of British e-cigarette manufacturer Totally Wicked. REUTERS/PHIL NOBLE
  • 2. SPECIAL REPORT  2 E-CIGARETTES BIGTOBACCO IS CONCERNED FORYOUR HEALTH LONDON, MARCH 23, 2015 T he health warning on a MarkTen electronic cigarette package is 116 words long. That’s much longer than the warnings on traditional cigarette packs in the United States. Nicotine, the e-cigarette warning says, is “addictive and habit-forming, and it is very toxic by inhalation, in contact with the skin, or if swallowed.” It is not intended for women who are pregnant or breast- feeding, or people ... who take medicine for depression or asthma.“Nicotine can increase your heart rate and blood pressure and cause dizziness, nausea and stomach pain,” says MarkTen, a leading brand in the United States.The ingredients can be “poisonous.” MarkTen’s parent company Altria,mak- er of Marlboro cigarettes, said the language seemed appropriate. There is no required health warning on electronic cigarettes in the United States, so “we had to do what we thought was right,” said a spokesman for Altria Client Services. The company’s frankness about the per- ils of nicotine dates back to the late 1990s, when it led a campaign for cigarettes to be regulated by the U.S. Food and Drug Administration (FDA). Small tobacco companies at the time said the big guys would use regulation to seal their domi- nance. Today, small e-cigarette makers are saying the same thing. Many argue that firms like Altria and Reynolds American want hefty rules to help neutralise the threat that e-cigarettes pose to their busi- nesses.By accentuating the risks of ‘vaping,’ they say, big firms may deter smokers from trying the new devices, even though most scientists agree they are safer. “If you read that (warning) as a smoker, you might think‘Oh,I’ll just stick with a cig- arette,’” said Oliver Kershaw, a former 15-a- day-smoker who quit through e-cigarettes and founded websites that advocate them. Big tobacco companies have pushed for a range of controls on e-cigarettes. These include lengthy health warnings, re- duced product ranges, restricted sales, and scientific testing requirements. Kershaw and others say such efforts risk squeezing small players. Too many rules would stifle innovation and reduce the range of prod- ucts to “a very simple, utilitarian e-ciga- rette,”said Fraser Cropper, CEO of Totally Wicked, an independent e-cigarette com- pany based in the UK. VAPOLOGY: Serious devotees often go for customisable ‘vaping’ equipment, which is frequently sold in specialist stores like the one above, in New York. Marlboro maker Altria Group, which also produces MarkTen e-cigarettes, decided a long warning is appropriate because the government has not yet stipulated health warnings for the products. REUTERS/MIKE SEGAR, GARY CAMERON
  • 3. SPECIAL REPORT  3 E-CIGARETTES BIGTOBACCO IS CONCERNED FORYOUR HEALTH Sources: Howstuffworks; Misthub. Graphic: Chris Inton/Reuters Graphics The e-cigarette industry has evolved as early models — designed to look like conventional cigarettes — did not always satisfy. New, modified models are known as ‘mods.’ Some can be personalized. From cig-a-like to build your own PERSONAL VAPORIZER (Also known as e-pen) Bigger-stronger, user-operated battery; more powerful “throat-hit” Microprocessor Stops overcharge, turns off battery when empty Wick Soaks e-liquid prior to vaporizing Larger lithium-ion battery* Lasts up to three days. Tank Larger capacity for flavored e-liquid Button Needs to be pressed to vaporize e-liquid. On/off switch. Mouthpiece Heating coil How it works 1 Device is activated when user inhales from the mouthpiece 2 Atomizer heats up liquid in cartridge 3 Vapor is produced. E-CIGARETTE OR “CIG-A-LIKE” (Resembles a real cigarette) LED indicator Heating coil Mouthpiece Lithium-ion battery Can be recharged from a wall outlet, car, or a USB port. Replaceable cartridge Stores flavored e-liquid which contains propylene glycol and varying amount of nicotine. Microprocessor Controls atomizer and light Atomizer REBUILDABLE ATOMIZER (Dripper type) More customizable; some users build their own. Can be easily taken apart to replace wicks and heating coils E-liquid drips from the tank to the heating coil which turns it into vapor Vapor goes back to the mouthpiece during inhalation. Tank Mouthpiece Heating coil Wick Lithium-ion battery* * Battery section can be paired with other vaporizer variants.
  • 4. SPECIAL REPORT  4 E-CIGARETTES BIGTOBACCO IS CONCERNED FORYOUR HEALTH Big tobacco companies say their goal in pushing for firm control is not to hurt smaller competitors. Regulation will ben- efit consumers and e-cigarette companies alike by ensuring safety and quality stan- dards and boosting confidence, they say. Small companies should not be exempt from responsible behaviour. “Our stated goal is to get to e-vapour lead- ership, to have the strongest brands in the marketplace,” said the Altria spokesman. He could not predict the impact of increased reg- ulation on smaller firms. “I don’t know how they run their businesses and what it would cost them to meet those requirements.” Most anti-tobacco campaigners agree that e-cigarettes should be regulated. But some believe they deserve a lighter touch than tobacco because they can help smokers quit,and may be less harmful than smoking. Measures that make e-cigarettes less ap- pealing or hard to come by may keep people smoking,these people say.Clive Bates,a for- mer head of UK charity Action on Smoking and Health (ASH),thinks public health of- ficials who advocate tough controls end up helping Big Tobacco’s conventional brands. “They really are all doing their utmost to protect the cigarette trade,”Bates said.“They just don’t realise it.” He thinks regulations should encourage smokers to quit,or switch. The image of e-cigarettes is already changing. The proportion of people in Britain who think vaping is just as harm- ful as smoking doubled last year to 15 per- cent, according to a survey by ASH. In the United States, a similar picture is emerg- ing.The growth in U.S. sales of e-cigarettes slowed to 5 percent in the fourth quarter last year from 19 percent a year earlier, ac- cording to Wells Fargo analyst Bonnie Herzog. She attributes that partly to in- creased uncertainty about the products. Derek Yach, a director at Vitality Institute,a health research company,doubts there is any “conspiratorial effort” to crush the new business. But he says that “if the dominant message is one of doubt, then the status quo gets maintained.” Yach once headedtobaccocontrolattheWorldHealth Organization and worked at PepsiCo. Japan Tobacco International, the world’s third-largest tobacco company,thinks strict regulations could hurt young firms. “If you make it extremely hard (to comply), you would drive small companies out of busi- ness,”said Ian Jones,JTI’s head of scientific and regulatory affairs for emerging prod- ucts. “You would lose the value of the cat- egory, you would lose the spark.” “OPEN SYSTEMS” E-cigarettes came onto the market a de- cade ago promising a safer nicotine fix.The devices heat nicotine-laced liquid to cre- ate an inhalable vapour, rather than burn tobacco. That gives smokers the traditional hand-to-mouth ritual without the deadly smoke. The global vaping market, which could top $7 billion this year, is evenly split be- tween cigarette look-alikes, often sold by tobacco companies, and refillable “vapours, tanks and mods” – devices which users modify to suit their needs. These are often made by smaller firms. Demand for them is growing three times as fast as the overall market, as users say they find them more satisfying than early all-in-one models. Serious devotees favour such refillable “open systems”that let them mix and match liquids and batteries to vary their nicotine intake. Open systems are often sold in vape shops and lend an edgy, do-it-yourself cre- ativity to the vaping community.According to Wells Fargo,there are now around 8,500 vape shops in the United States and 19,400 globally.Vape shops account for about one- third of all U.S.sales,while the Internet ac- counts for another third. In August, Reynolds – which does not produce mods – urged the FDA to “ban open system e-cigarettes, including all component parts.” Such systems, Reynolds wrote, present a “unique risk for adultera- tion, tampering and quality control.” If the FDA does not want a ban, Reynolds suggested, it should regulate vape shops as manufacturers. That would subject them to FDA inspection, registra- tion, manufacturing standards and product clearance requirements. Vape shops often mix nicotine and fla- vouring, just as pharmacies compound drugs, said Richard Smith, communica- tions manager at Reynolds.This means “the vape shop seller is a manufacturer under the applicable laws and regulations.” E-cigarette independents say such a move targets them; analysts note that the businessmodelofbigtobaccofirmsdepends on mass production, not mix-and-match. Sources: Nielsen C-Store database, Wells Fargo Securities; LLC estimates, and other non-tracked channels. Expected 2015 U.S. vapor market In billion dollars E-cigarettes Vape shops Convenience store, food, drug, and mass retail channels Convenience store, food, drug, and mass retail channels Online and other retail channels Other retail channels Online retail 1.2 0.7 0.4 0.4 0.4 0.4 Total: $3.5 bln Vapors, tanks, mods, personal vaporizers
  • 5. SPECIAL REPORT  5 E-CIGARETTES BIGTOBACCO IS CONCERNED FORYOUR HEALTH “I think they (Reynolds) probably want that snuffed out before it gains traction,” said Philip Gorham, an Amsterdam-based tobacco analyst at Morningstar. Reynolds says that’s not true. “We fully support innovation in tobacco products, including vapour products,” said Smith. The company wants “a level playing-field where all manufacturers are subject to equal treatment.” DOING THEIR DUTY ShaneMacGuill,atobaccoanalystatmarket research firm Euromonitor International, said Reynolds’ move may seem zealous, but companies have a duty to shareholders: “It would be remiss ... of them not to try and push for the competitive environment that is as favourable to them as possible.” Steven Parrish, a former Altria execu- tive who retired in 2008, said that as long as people are honest, there’s nothing wrong with advocating to protect their interests. And embracing regulation can help the to- bacco industry win trust. “I think one of the things the industry would like to see ... is a world in which the tobacco industry is much more like the pharmaceutical industry in terms of how it operates,” he said: “Very heavily regulated and maybe not loved and admired, but at least acknowledged as a legitimate business.” That makes young people a particularly sensitive point of tension. Most e-cigarette companies want tight- er controls on who can buy, such as a mini- mum age. Altria’s NuMark goes further. It says U.S. purchases should also be “clerk- assisted or conducted in an otherwise non- self-service environment.” Smaller e-cigarette makers say that would hand a big advantage to tobacco companies. U.S. convenience stores are the main outlets for tobacco products.Tobacco firms offer the stores rich incentives to promote their brands,and according to Morningstar, tobacco can provide more than a third of stores’ profit. Cigarettes can only be sold behind the counter. They are displayed on heavily branded shelving which the tobacco firms often provide. Putting e-cigarettes behind the counter would force the products to compete for consumer attention in space that tobacco firms influence, small companies say. “As long as you say it has to be 12 feet from a child’s hand at the counter, it guar- antees (the e-cigarette) gets onto their wall,” said Jan Verleur, CEO and co-founder of VMR,a Miami-based e-cigarette company. Altria says retailers choose how and where to display products. EARLY WARNINGS Some small e-cig firms are pushing back. Totally Wicked is challenging Europe’s Tobacco Products Directive (TPD), which was adopted in 2014 and comes into force in 2016. It’s up to member states to apply the EU rules in their own way,but the directive says manufacturers must tell regulators what’s in a new product six months before launch. Producers will have to list ingredients,emis- sions, toxicological data, nicotine doses and uptake,as well as health effects.A new noti- fication is required for every big change. Totally Wicked is fighting the TPD in the EU Court of Justice in Luxembourg. Such detailed reporting is more onerous even than for traditional cigarettes, the company argues. It says it is disproportion- ate, considering that e-cigarettes are prob- ably less harmful. Its CEO says the six- month notification would slow innovation in an industry where manufacturers can move from concept to shelf in 10 weeks. British American Tobacco’s ON THE WALL: Small e-cigarette firms say a measure that Altria has suggested to keep electronic cigarettes out of children’s reach may force them to compete alongside tobacco products on display walls like this one. REUTERS/LUCAS JACKSON $7billion Possible size of the global vaping market in 2015 Source: Wells Fargo
  • 6. © Thomson Reuters 2015. All rights reserved. 47001073 0310. Republication or redistribution of Thomson Reuters content, including by framing or similar means, is prohibited without the prior written consent of Thomson Reuters. ‘Thomson Reuters’ and the Thomson Reuters logo are registered trademarks and trademarks of Thomson reuters and its affiliated companies. E-CIGARETTES BIGTOBACCO IS CONCERNED FORYOUR HEALTH SPECIAL REPORT  6 FOR MORE INFORMATION Martinne Geller, Consumer Goods Specialist Correspondent martinne.geller@thomsonreuters.com Sara Ledwith, Assistant Enterprise Editor sara.ledwith@thomsonreuters.com Simon Newman, Photo Editor simon.newman@thomsonreuters.com Michael Williams, Global Enterprise Editor michael.j.williams@thomsonreuters.com Nicoventures unit agrees with Totally Wicked that the six-month notice period “runs the risk of stifling innovation,” ac- cording to a spokeswoman. But global tobacco leader Philip Morris International – which used to be part of Altria – said it thinks this kind of advance notification is appropriate to ensure stan- dards. Its own tests already go beyond the TPD rules, a spokeswoman said. Robust scientific research is “something we believe in as the core of our work in this new prod- uct category.” In the United States, the FDA aims to deliver its final ruling on e-cigarettes in June. E-cigarette firms there say anything that requires lengthy and costly trials could be manageable for big business but may hurt smaller companies. “The more science that’s required, the more expensive it be- comes,” said Sanjiv Desai, general counsel of U.S. e-cigarette firm VMR. A spokesman for the FDA said it was weighing the burden on everyone, includ- ing small manufacturers. It plans to help small companies by phasing in new rules. The European Union also plans to give firms time to adapt. It has said clear rules will help smaller firms; it plans to assess the costs of notification. For Yach, the former WHO tobacco official, regulators should remember that e-cigarettes are more than a new business. “A heavy smoker has a 20 times greater risk of lung cancer,” Yach said. “Switch to e-cigarettes and that risk is virtually going to zero.” Edited by Sara Ledwith TESTING TIMES: Big Tobacco firms like Marlboro maker Philip Morris International have invested heavily in ‘reduced risk’ products which can deliver nicotine without the toxins found in smoke. They did not originally include electronic cigarettes in their strategy. REUTERS/PETR JOSEK