Norway status update: The Norwegian government don't understand the vaping market

About a month ago I wrote about the new Norwegian Tobacco Act proposal, which is basically the Norwegian implementation of the TPD. On July 1st the government published a request for comments and a some more details in the consultation document (in Norwegian only). The is not that much new information in the document, it's basically just repeating the flawed reasoning behind a lot of the proposed changes as I've discussed earlier. There are, however, some more information on the planned registration scheme, and they've suggested some numbers.

First of all, in order to sell tobacco products over the internet, or actually in any way that means sending the products to the customer, the vendor has to register with the health authorities. They also need to appoint a person, in Norway (from what I can understand), that is responsible for making sure the products meets the product requirements before they reach the customer, and they need to have a system that makes sure the customer is over 18 years old at the time they order. I addition to this, anyone delivering the products must have a system in place for checking the age of the customer, meaning it needs to be handed over to the customer in person. The registration fee is set to 2500 NOK ($295 using current exchange rate) at the time of registration and 1000 NOK ($118) every year to stay registered. From what I can see this goes both for cross-border and domestic sales. These fees doesn't seem that bad to me to be honest. When it comes to the requirements for anyone delivering it, my guess as of now is that this means we have to go pick up our packages at the post office (which we already do in quite a few cases where they're too big to fit in the mailbox), and we have to show some ID verifying our age when we do. At least for packages going through the Norwegian Postal service I don't see a problem with this, they've already got a system for checking age in place as they do this when delivering alcohol that can be ordered from the government owned alcohol retail monopoly (yeah, we have that here in Norway). I may be wrong though and these provisions may be intended to work in another way, but if I'm right I don't think this part will be a major problem for vendors or vapers.

The above mentioned rules will affect all tobacco products, not just e-cigarettes. Then there are some e-cigarette specific proposed rules that probably be a lot worse to live with. From what I've read most, if not all, EU countries implementing the TPD will require every vaping product to be pre-market approved and registered, and of course this goes for Norway as well. The product requirements are the ones we all know from the TPD by now, which I've gone through in my last post about this, so I'm not going to do that again in detail. It is worth mentioning, however, that a user manual in Norwegian with quite a few specific requirements (warnings, toxicity information, the width of the filling holes to make sure the user use the right kind of bottle etc.) is required, as is some health warnings and a reference to Slutta.no, which seems kind of weird to me as this is a national stop smoking service which have a history of not recommending e-cigarettes. Products need to be registered 6 months before they are put on the market. The application for each product needs to contain information about the contact person responsible in Norway, all ingredients, toxicological data on the ingredients and the emissions, how much nicotine is delivered, the components of the product, the production process, the manual and a statement where manufacturer takes full responsibility for the products quality and security under normal circumstances. It is the manufacturers and importers of the product that needs to register the product... and pay the fees. And the fees that they propose here are one of the big problems. To register a product you need to pay 47600 NOK, thats $5616. If you make a significant change or update to the product (what this means remains to be seen) the fee for registering the change is half of this, 23800 NOK ($2808), and on top of this there is an annual fee of 18850 NOK ($2224). The registration fee is set to cover the Norwegian Medicines agency's costs that are estimated to around 9,5 million NOK and an estimate of 200 new registrations in 2017. Anyone with just a tiny bit of knowledge about the vaping market today can see how wrong this is. First of all, where on earth did they get the 200 number? I talked to one of the vendors in Norway about this an he has around 1200 products in his store and estimates that there is around 20000 products on the market and maybe 10000 more each year. I don't think he overestimates... at all. Then I asked in my local shop how many Kayfun 5s he'd take in if he was to take that product in... "maybe 3 or 4", he answered. Then... how many of the products that you could buy 6 months ago is still on the market with no changes? My friend, the first vendor I talked about, told me he had removed 300 products so far this year... cause they're out of date. I guess you can all see where I'm going with this. This would basically mean no high end products cause you would just loose money trying to sell them in Norway and not much innovation going on cause making improvements to a product will cost you a lot. Big Tobacco and their far from innovative cig-alikes, however, will thrive under such regulations as their much more effective competitors are effectively shut out of the market. These ridiculous fees are based on totally wrong assumptions and shows that the government has no understanding of the market they are trying to regulate, which in my opinion should be one of the basic requirements for a regulator... understanding the market that is.

The Norwegian Government are blowing their own trumpet, claiming that they will now allow e-cigarettes to save the lives of many smokers. They claim that their regulations will just make sure that the products are safe... and of course that they fight heroically to make sure no children or teens start vaping. But again, through this document, and their proposals, they show that this is not about health, it's about money. They focus on how they are going to cover their losses. However, to me it seems like they fail totally at seeing the bigger economical picture as well. The Norwegian Directorate of Health have estimated that the annual costs of smoking in Norway is somewhere between 8 and 80 billion NOK. Now even if we subtract sin taxes of 7 billion a year there is still a lot of money to be saved here. The Directorate estimates savings of 2-3 billion NOK every year for each percentage point the smoking prevalence goes down. Then compare their cost of 9,5 million to these numbers... it's peanuts. If the government had decided to cover most of this, just leaving the fee at a reasonable amount, enough to make sure they are not encumbered with a gazillion unrealistic applications, it would have been the best investment they would have made ... ever. The problem I think, is that current government probably will not see the result of their investment while they are still in power. So they work hard to make it look like they're actually doing something for health, when in fact the best thing they could have done for public health right now, is close to nothing. Vaping wasn't big pharma's idea, it wasn't tobacco control that came up with it and it certainly wasn't the government. I think that is what they all have a problem accepting.

Norwegian vapers protesting against the TPD

Vapers gathered outside the courthouse in
Trondheim

Today was the day Norwegian vapers hit the streets to show that we're not at all happy with our governments attempt to implement the TPD. I was attending the demonstration in Trondheim, where somewhere between 40 and 50 people gathered to protest against the governments disguised TPD implementation. Now I know this might not sound to impressive, but you have to take into account that Norway is not a very big country, and only a bit less than 180.000 people live in Trondheim. Besides... those 40 to 50 people made sure we were noticed when walking down the busiest shopping street in town.

Loads of banners and posters

A lot of work had been done before the demonstration, making posters, flyers and contacting the media to try to get some attention. The media, however did not seem too interested here in Trondheim, and only one local newspaper from a bit further north in Norway said they would come (and they did). So we were pretty happy when another guy with a camera came along while we were standing outside the courthouse, asking for someone in charge. He was from rus.no, who writes about substance abuse and addiction, and he had noticed our little ad in Adressa, the biggest local newspaper in Trondheim.

Outside the courthouse a speech from NDS (Norwegian Union of Vapers) was given, flyers were handed out to people passing by, some of us talked to people that stopped, wondering what this was all about and there was even a raffle where all the profits were given directly to the pulmonary department of St. Olavs hospital here in Trondheim. Hopefully this might get the attention of some doctors as well.

After protesting outside the courthouse, we walked through town, down the busiest shopping street. Some were handing out flyers to smokers and others who looked interested... and some made some noise. Eventually we ended up at Dampoteket, Trondheims only vape shop which opened just a couple of weeks ago. 

Vapers - Make some NOISE!

Although we had hoped for a bit more attention from the media here in Trondheim, I'd say we made ourselves noticed. In Oslo on the other hand, we've gotten reports that the media showed a bit more interest. The protests were even covered by national television (TV2), so I'd say it was a great success. I'm not sure how many turned up in Oslo, but what I've heard so far is that it was more than expected. Getting the attention of the media is crucial in this matter so having TV2 covering the protest is great. The focus from TV2 was that vaping will be treated in the same way as smoking in the governments proposal, which might not be the whole truth but still a good place to start and something that most people will understand. I guess the general public won't understand much if we start talking about mg/ml and all the technical stuff. This might actually be part of the problem as well; the politicians making these decisions have no idea what they're deciding on, so keeping it a bit simpler might not be such a bad idea. One thing people will understand is the health benefits presented on TV2 by Yvonne Johnsen and although the proposal made by the government suggests that 2nd hand vaping is equivalent to 2nd hand smoking, Yvonne and others were at least given the opportunity to say that we do not at all agree with this. Even if they were not able to explain properly why we don't agree, hopefully more media will pick up on and follow up on this, and hopefully our politicians will actually start doing their jobs and listen to people who know stuff rather that people who own stuff. Yeah I know it's a lot to hope for, but if the media takes the bait, at some point they will be forced to listen. 

I haven't heard that much from the protests in Bergen and Kristiansand yet, but I do believe quite a few people turned up there as well. Having these demonstrations in more places than just Oslo will show our politicians that there are vapers all around Norway, and none of us are happy with what they're trying to do.

I really do hope we'll see some good balanced articles and news reports on this next week and I'll make sure to keep you up to date. I'd also like to thank all the vapers showing up today fighting, not only for their right to vape, but for the lives of all the smokers that still have not made the switch. And a huge special thanks to all the dedicated people who have made this possible, you know who you are. 

TV2 covered the protests in Oslo

First Norwegian E-juice hits the international market

That's right! It's now possible to buy Norwegian e-juice for people outside Norway as well, as Steamer Elixire was recently made available through cool-chili-vapors.com. I asked Roger, the guy responsible for this juice, a little about how he got into mixing and how his juices ended up on the international market.

To make a long story short (Roger sent me quite a detailed story) he discovered vaping through friends a little over a year ago, starting out like we all do with poor equipment and looking for juices that actually taste good. But unlike a lot of us, who are still trying out new juices after like ... 3 years now, Roger figured that the best way to get the juice the way he wanted was to make it himself. So back in February 2014 he started his quest to create a tobacco juice that actually tasted something like what he used to smoke. I don't really know Roger, but from the way he tells his story I get a feeling this is a guy who finishes whatever he starts. And I also guess that the months of dedicated research he then put in, talking to other juice-makers and reading online resources is what made him something of an e-juice oracle according to some of the members of the NDS facebook group.

Anyway, the quest ended up in a finished product, Mountain Smoke which is one of the juices now available through cool-chili-vapors.com. There is also another one, Foxy Lemon and according to Roger he's got quite a few others in the making.

Hopefully I'll be able to do a review for you guys pretty soon as well. Actually I think I have tried the Foxy Lemon already. A colleague wanted me to try out a juice that tasted like some candy we have here in Norway (not sure if it's sold in other countries) called Fox. Trying to work I didn't pay that much attention to where he said it came from (sorry), so I'm not 100% sure. But from what I remember the juice was good.

Congratulations on being the first Norwegian juice-maker to go all international on us, Roger. And good luck with your juice-making adventure. I'm looking forward to your Giraffe special blend :)

The fight for reasonable e-cigarette regulations in Norway starts NOW!

The Norwegian Ministry of Health and Care services are, according to Norsk Dampselskap (Norwegian union of Vapers), working on a draft for new e-cigarette regulations and this draft will be sent out for consultation to relevant institutions and organizations, SIRUS (Norwegian Institute of Drug and Alcohol research) being one of them of course. Hopefully Norsk Dampselskap will also be on the list. It will also be possible for individuals to speak their mind. Exactly when this draft will be ready is not known yet but research director at SIRUS, Karl Erik Lund, writes in an email that they expect to be given some pointers about the direction this work is heading soon, and maybe also know more about how the ministry will follow up on the EU TPD. He still expects it will be a while until we know the details in the draft though. 

As Norway is not a member state of the EU the situation here is slightly different than in the member states. Most such EU directives are implemented due to the EEA, but it is possible for Norway to make reservations regarding the parts that concern electronic cigarettes. This is probably what the next battle of the e-cigarettes here in Norway will be about. For this to happen, the Norwegian government must be convinced that there are considerable gains in public health by making such reservations, and the best way to make this happen is to educate. Again, the knowledge and the stories of the vapers is of enormous value in this matter.

Norsk Dampselskap is currently working hard to recruit as many members as possible to gather more strength, as they will of course be very active in this debate. And the more members they have the heavier their arguments will be so I urge all Norwegian vapers and e-cigarette supporters to support NDS by becoming a member. You can use the form here: http://goo.gl/NZU86D. Doing this is one of the best ways you can support the case here in Norway. The fight for reasonable e-cigarette regulations in Norway starts NOW!

Norwegian Institute for Alcohol and Drug Research (SIRUS) comments on the approval of the TPD

Norwegian Institute for Alcohol and Drug Research
- Sirus supports Norwegian vapers

After the TPD was approved SIRUS and their head of research, Karl Erik Lund, received a lot of requests for comments on this. Not very surprising as SIRUS has been one of the biggest supporters and advocates for e-cigarettes here in Norway. Due to the amount of requests, Karl Erik Lund and SIRUS chose to write a public response on the Norwegian Union of Vapers' (Norsk Dampselskap) Facebook page. We are indeed lucky here in Norway to have SIRUS to support us vapers. Karl Erik Lund is usually the one speaking on their behalf in the media and I've got to say his statements always appears well though out, well formulated and convincing, which is really helping the case here in Norway. (Lund also spoke about the TPD and what it means for us here in Norway in an article on nrk.no on the 28th of February: http://goo.gl/zYdu0e, in Norwagian but google translate might work)

On the before mentioned facebook page Lund writes that it is appropriate to consider two different aspects of the TPD: The procedures that has been followed, and the result. He says that from his point of view the results are much better than the procedures, but that does not necessarily mean the results are good. The procedures have been close to a scandal, he says, with allegations of corruption leading to John Dallis resignation as Commissioner (read more about the "Dalligate" scandal here: http://goo.gl/Hkwnug), absence of consultations with scientific groups, abuse of research results, skullduggery concerning the voting procedures and so on. He refers to Clive Bates' blogg (http://www.clivebates.com) for more information on this. The results are not optimal either, according to SIRUS: The 20mg/ml limit has no scientific foundation, the option for members state to regulate them as medicines creates openings for over-regulation (read my post on the consequences of over-regulating here: http://goo.gl/mrE4bS) leading to less product variety, higher prices and standardized products that have as little appeal to smokers as the nicotine inhalers of the pharmaceutical companies have today, standardized nicotine delivery that requires technology that is not available yet, refill limitations, and so on. So as you can see, SIRUS really gets the point, which is a very good thing for Norwegian vapers.

Now, regarding the situation in Norway, Lund says that the health authorities and the Cancer Society are still clinging to their precautionary principles, but as the scientific results are starting to get to the people in charge, the ban here in Norway is loosing support among them, and the reasoning for keeping the ban is pulverizing. Lund, and a lot of the vapers I know, including myself, is especially disappointed in the Cancer Society. In my opinion their arguments have been based on speculations, not science and they appear to just take everything the EU say as the truth. The smokers could really have benefited from having this organization supporting them in the fight for a harm reducing nicotine alternative and the design of a strategy for increased product safety, Lund says.

"Norsk Dampselskap" (Norwegian Union of vapers)
fights for vaping in Norway

Despite it's many deficiencies, article 18 (editor: now article 20) will have more positive than negative consequences - in Norway, Lund writes. Norway is not part of the EU, but we are part of the EEA, which means we implement most EU directives anyway. So here in Norway, if the TPD is implemented in it's current form, the ban we have today will be repealed and we'll have regulations (although totally over-regulated) to ensure product safety. Now it is still uncertain how the Norwegian health authorities will regulate e-cigarettes but now, with the TPD the debate has changed from being focused on whether or not a ban should be in place to being a debate on how to regulate them. This is progress, says Lund. The demonizing of nicotine (for example in the anti-tobacco movement) is an inappropriate approach to the regulation question, he adds. 

I've seen some positive feedback on the TPD among Norwegian vapers lately, stating that it will actually better situation for vapers in Norway. And they are right about that, as SIRUS also points out here. But I'd like to stress, again, that we are not fighting this fight only for our own sake, but for all the smokers whose lives could be saved, not only in Norway but all over the world. And I think it's important for Norwegian vapers to be aware that even though this means a step in the right direction for Norway, it's a long step backwards for the countries where we buy our vaping equipment and e-liquid today. And thus it is very important that we continue the fight here in Norway as well, and try to get our politicians to take science and facts into consideration when the laws regarding e-cigarettes in this country is written, and not just adopt the EU directive directly. As I said yesterday: Vapers should write the law on vaping. If we do win that fight we would be a good example for the EU on how it should be done as well and might be able to help others.