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Tobacco Lawsuits: USA
In two major decisions, the Fifth Circuit Court of Appeals ruled against key aspects of federal tobacco and vape regulations. First, the court vacated the FDA’s marketing denials for flavored e-cigarettes, holding that enforcing an unwritten “comparative efficacy” standard without prior notice-and-comment rulemaking violated the Administrative Procedure Act. Second, the panel ruled that the agency exceeded its statutory authority by mandating 11 graphic health warnings on cigarette packaging, finding that Congress explicitly capped the requirement at nine statutory text disclaimers.
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AIR Global: H1 2026 Results
In its inaugural earnings report following its May 2026 Nasdaq debut, AIR Global demonstrated strong underlying commercial performance, with H1 revenue rising 3.7% year-over-year to $206.9 million and Adjusted EBITDA holding steady at $71.7 million despite regional shipping disruptions. However, reported results reflected an $81.8 million net loss, driven almost entirely by $123.9 million in one-off transaction and listing costs associated with going public. To optimize its capital structure, AIR is seeking shareholder authorization at an upcoming August EGM to execute a $52.45 million share repurchase alongside a broader standing authorization to buy back up to 20% of outstanding shares annually.
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Japan: Nicotine pouches
Philip Morris Japan has expanded its oral nicotine portfolio with the launch of the ZYN Strong Series, introducing four higher-intensity flavor options to the domestic market. The addition brings the “ZYN by IQOS” lineup in Japan to 12 products across three strength levels (Low, Medium, and Strong). Priced at ¥500 (US$3.2) for a pack of 12 pouches, the line is available via official IQOS retail channels, select retailers, and major international airport duty-free shops.
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Smoore: Financial Results – 2026
Smoore delivered record H1 2026 revenue of RMB 7,209 million (+19.9% YoY), powered by a 322.1% surge in its Heat-Not-Burn (HNB) segment. This hyper-growth was driven by commercial-scale manufacturing shipments supporting British American Tobacco’s glo platform across key international markets. Although U.S. vaping revenue dropped 15.6% due to customer inventory adjustments, favorable May 2026 FDA authorizations and updated enforcement guidelines are expected to drive a second-half recovery for Smoore’s partner brands.
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RLX Technology: Results – 2026
RLX Technology reported Q2 2026 net revenues of RMB 1,010.5 million (US$148.9 million), representing a 14.8% year-over-year increase driven primarily by international sales, which now account for 68.5% of total revenue. As part of its strategic push into Europe, the company acquired a 51% controlling interest in a major Western European distributor in July 2026, securing an established offline network and B2B digital marketplace to scale its e-vapor and oral nicotine pouch portfolio. Supported by supply chain efficiencies, gross margins expanded 790 basis points year-over-year to 35.4%, underscoring RLX’s pivot away from domestic Chinese regulatory headwinds toward overseas markets.
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Tobacco Regulation: Russia
Effective August 20, 2026, Russia has officially classified e-cigarettes, vaping liquids, and nicotine salts as “strategically important goods,” imposing up to five years in prison for smuggling products valued over ₽100,000. The regulation applies across both external customs borders and Eurasian Economic Union (EAEU) state borders, closing a legal loophole that previously treated illegal vape imports as minor administrative infractions. The heightened criminal penalties are aimed at curbing a rapidly growing gray market and reclaiming lost excise tax revenue amid economic pressures.
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US FDA – Tobacco: News
President Trump has nominated Dr. Heidi Overton, a senior White House domestic policy adviser and preventive medicine physician, to serve as FDA Commissioner. If confirmed, she will succeed acting commissioner Kyle Diamantas, following Dr. Marty Makary’s May 2026 resignation amid disputes over flavored vape authorizations, staff turnover, and friction with HHS leadership. Overton, a key architect of the administration’s “Make America Healthy Again” platform, brings strong White House alignment to the agency. Her appointment is expected to foster tighter executive coordination with the Center for Tobacco Products and bring greater regulatory predictability to the sector.
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Tobacco Lawsuits: International
JUUL Labs and Altria Group have appealed a British Columbia (Canada) court decision certifying a nationwide class-action lawsuit against them. The suit accuses the companies of deceptive marketing, negligence, and targeting youth with high-potency nicotine products after e-cigarettes were legalized in Canada in 2018. While public health advocates view the appeal as a tactic to delay trial, the legal challenge unfolds alongside separate litigation by the B.C. government seeking to recover public healthcare costs associated with vaping.
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Patents Wars
The U.S. International Trade Commission (ITC) has revived a patent infringement case brought by Juul Labs against Altria Group’s NJOY business, setting aside a lower ruling that had invalidated a key nicotine-salt patent. The decision allows Juul to pursue an import ban targeting Altria’s redesigned NJOY ACE devices and NJOY Daily disposables, which were engineered to bypass an earlier ITC ban on original NJOY products. If successful, Juul could block Altria’s primary workaround strategy and exclude its flagship e-vapor lineup from the U.S. market.
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