On
August 25, Keller and Heckman LLP filed a Citizen’s Petition with the
FDA requesting that the PMTA filing deadline of September 9, 2020 be
delayed by 180 days. This petition is requesting that FDA go back to the
US District Court for the District of Maryland to request a deadline
extension, which the court recently granted for small cigar
manufacturers that are being negatively impacted by this coronavirus
pandemic.
All interested parties are invited to comment on the Citizen’s Petition by filling out the form provided on this page and customizing your message.
If you are writing on behalf of a small, open-system manufacturing company, please follow the instructions here.
If
granted, the extension would move the deadline for small, open-system
manufacturers to March 8, 2021. The request is predicated on a recent
action taken by FDA in which small cigar manufacturers are being granted
a similar extension due to complications and delays to completing
PMTA’s associated with COVID-19.
It
is vital that people who use vapor products make their voices heard!
While this pandemic is obviously putting a strain on services for
businesses, people who depend on safer nicotine alternatives in order to
stay smoke-free are being even more challenged by the prospects of
losing access to these products and feeling pressured to go back to
smoking. Whether it’s by regulation or global disaster, removing vapor
products from the market threatens to inflict irreversible harm to
millions of people.
Thank you for taking action! Alex Clark CEO, CASAA
We hope you find this page helpful. Please let us know. We welcome feedback on CTA and/or VapeSling® products. Reach us anytime on the contact page or custinput@vapesling.com, or vapersarmy@vapesling.com
Click on links below to reach out to your state or local area Reps asking their support for HR1136 and opposition to S.3319. Unite to fight for our right to VAPE!
VSLLC conducts daily research for new CTA’s (Calls to Action) to publish and alert the community.
On occasion, one of the esteemed #2019VapeFight .org’s may publish a CTA later in the day. It may pass us till the next day. Please Help this page—> Such as ON IG, we have received several CTA Alerts from concerned Vapers (#VapeWarriors). We appreciate this and please continue to share. We will publish your handle when you tag us for the alert. Thank you VapersArmy!
The Vape Community is family…being part of a family means doing your part. Please advocate for Vapor as Harm reduction for you and future vapers.
WE NEED YOU TO SOUND OFF ANDTAKE ACTION NOW! Details for how to take action here.
FROM THE TRENCHES July 17, 2020
VTA is the national association defending your right to vape and sell vapor products because we are all in this together.
CALL TO ACTION: DEFEND YOUR ACCESS TO VAPOR PRODUCTS On July 2, the Senate passed S. 1253
– dubbed Preventing the Online Sales of E-Cigarettes to Youth Act – a
bill that would effectively prohibit online sales of e-cigarettes and
would outright prohibit the USPS from delivering vapor products. This
bill, driven by Sen. John Cornyn (R-Texas), places e-cigarettes into the
Preventing All Cigarette Trafficking Act of 2009 (PACT) Act. Forcing
e-cigarettes into the PACT Act is a simplistic concept that is
antiquated, unnecessary, and completely out of step with the times.
First, the bill’s “signature on delivery” requirement will require
contact during every delivery at a time when the nation’s online sales
model is now “contact-less” delivery to protect against COVID-19.
Second, those fortunate to still have jobs are working harder than ever
to make ends meet, and first and second shift workers don’t have the
time to drive to stores during business hours, nor the ability to sit at
home waiting to sign for a delivery of their vapor products. Third,
hard pressed Americans can’t absorb the exorbitant cost of an additional
$6.00 per transaction just to have the product delivered to their door,
assuming any common carriers will even continue to deliver.We
expect the House to vote on the bill when it returns from recess next
week. VTA’s team in D.C. is actively working on this issue, but we need
YOUR help. WE NEED YOU TO SOUND OFF ANDTAKE ACTION NOW! Details for how to take action here.
We hope you find this page helpful. Please let us know. We welcome feedback on CTA and/or VapeSling® products. Reach us anytime on the contact page or custinput@vapesling.com, or vapersarmy@vapesling.com
Click on links below to reach out to your state or local area Reps asking their support for HR1136 and opposition to S.3319. Unite to fight for our right to VAPE!
VSLLC conducts daily research for new CTA’s (Calls to Action) to publish and alert the community.
On occasion, one of the esteemed #2019VapeFight .org’s may publish a CTA later in the day. It may pass us till the next day. Please Help this page—> Such as ON IG, we have received several CTA Alerts from concerned Vapers (#VapeWarriors). We appreciate this and please continue to share. We will publish your handle when you tag us for the alert. Thank you VapersArmy!
The Vape Community is family…being part of a family means doing your part. Please advocate for Vapor as Harm reduction for you and future vapers.
S. 1253 has already passed the Senate and will now be voted
on by the House, maybe as soon as Monday (7/20). If passed, this bill
will outlaw vape mail through the US Postal Service and within six
months it will be illegal to ship any vapor products via USPS.
What happens to online purchases?
Banning USPS from shipping vapor products will force companies to use
private carriers like FedEx and UPS. In addition to these carriers being
more expensive than USPS, they also do not deliver mail to all Americans.
Private carriers routinely outsource deliveries to rural areas or
neighborhoods they deem “dangerous” to USPS in order to cut costs.
Removing USPS as an option means that some people will have no way of
purchasing vapor products. For everyone else, it means they will pay
higher prices and they’ll be forced to break social distancing rules
because a signature will be required on delivery. Additionally, private
carriers could eventually cave to political pressures and also ban the
shipment of vapor products.
Can’t we just purchase in stores instead?
Not all consumers of vapor products have access to brick and mortar
stores due to their health, disabilities, or even their location. And
with the PMTA
deadline quickly approaching in September, the selection of products
deemed legal by the government will be so small that many stores won’t
be able to legally stay open.
Meanwhile, cigarettes will remain the most visible and widely accessible tobacco product in the history of the world.
Why are they doing this?
The supporters of this bill argue that preventing the shipment of vapor
products will prevent teens from getting their hands on it, and reduce
youth usage. What they don’t tell you is that less than 6% of youth
report buying vapor products online, according to the CDC’s 2018
National Youth Tobacco Survey. Most young people report getting vapor
products and other age-restricted products from friends, family, and
informal sources–sources that are about to become much more popular
after September.
Not only is S. 1253 a solution in search of a problem;
it’s part of the problem!
(Update 07.06.20)
S. 1253, which would prohibit
shipping vapor products through the USPS (just like the ban on mailing
cigarettes) was passed by the Senate on July 2, and the text of the
amended bill is finally available on congress .gov.
While a significant amendment was
adopted that requires an extensive list of research to be completed, the
effect of the bill remains the same: No vapor products will be allowed
to be shipped via the USPS. This means increased costs to consumers and
new barriers to access for law-abiding adults.
At the same time, this bill will do
very little to discourage young people from seeking out informal sources
of age-restricted and illicit products. Friends, family, and strangers
will continue supplying underage experimenters while people who don’t
have access to a reliable brick and mortar vape shop will be pressured
to return to smoking. (Cigarettes are still the most widely sold and
popular tobacco product on the market!)
S. 1253, which would prohibit mailing
vapor products through the USPS and require signature on delivery (with
added cost) may be heading to a vote by the full senate within the
hour.
If you think that protecting access
to low-risk vapor products for people who can’t get to a vape shop is
valuable, then now is the time to surge emails to your senators.
Last
week, CASAA members sent more than 3000 messages to congress urging
officials to reject a ban on vape mail shipped via the USPS. Despite
your response, S. 1253 is getting closer to moving forward by the day.
We
need a sustained response to this bill in order to demonstrate to
lawmakers that many people rely on getting vapor products by mail and
that consumers shouldn’t be paying unnecessary extra costs in order to
access safer alternatives to smoking. Please click here to take action now by contacting your senators and urging them to reject this bill. In
the midst of a pandemic involving a severe respiratory illness, the
last thing that officials should be implementing is a policy that
threatens to send millions of people back to smoking!
Thank you for taking action! – CASAA Legislative Team
TO ALL AMERICANS WHO TRY TO QUIT SMOKING OR HAVE ALREADY DONE SO! ECigIntelligence is running its first US Survey on the usage of alternative nicotine products!
The aim of this study is to better understand the range of tobacco products used by nicotine users, including vape, traditional tobacco (cigarettes, cigars etc.), oral tobacco (chew/dip/snuff/snus), nicotine pouches (tobacco-free) and other nicotine products.We believe that highlighting and publishing reputable data on this sector brings a better understanding amongst stakeholders and will likely result in more informed regulation.
ACT NOW – IMMEDIATE CALL TO ACTION NEEDED IN COLORADO TO FIGHT DESTRUCTIVE TAX INCREASE
This
week, the Colorado legislature is set to vote on a measure which
includes a significant tax increase on vapor products. As Coloradans
reel with the impacts of the current pandemic, lawmakers are trying to
sneak in this backdoor tax while allowing for little to no debate or
input from the vapor industry.
We need your help to ensure that
this tax does not pass the legislature. Below, please find an email
template that we urge you to send to your state representatives, listed
here: https://leg.colorado.gov/findmylegislator
Call,
email, take to social media. Tell your state legislators today to say
NO to a tax increase on vapor products. Be sure to follow VTA on Twitter
and Facebook for up-to-date information on this legislation.
Thank you for working with us in our fight to save vapor.
Sincerely,
Tony Abboud Executive Director
SUBJ: VOTE NO ON HARMFUL TAX LEGISLATION
I am writing as a voter, taxpayer, and constituent urging you to oppose a tax increase on vapor products.
Studies
show that taxing vapor products pushes adults back to traditional
cigarettes — which is the last thing we should be doing in the midst of
a global pandemic. A study by the National Institutes of Health
published in February of 2020 showed that for every 10% increase in
e-cigarette prices due to taxes, sales were reduced by 26%. More
importantly, this increased use of traditional cigarettes by 11%.
Additionally,
tax policies place a disproportionate strain on small businesses and
consumers. Small businesses are already suffering extreme cash flow
problems due to the coronavirus. Now is not the time to impose an
increased tax that will only force them to shut their doors. It is
simple: taxes close businesses.
I hope you will review this material and seriously consider the implications of this legislation before voting.
We hope you find this page helpful. Please let us know. We welcome feedback on CTA and/or VapeSling® products. Reach us anytime on the contact page or custinput@vapesling.com, or vapersarmy@vapesling.com
Click on links below to reach out to your state or local area Reps asking their support for HR1136 and opposition to S.3319. Unite to fight for our right to VAPE!
VSLLC conducts daily research for new CTA’s (Calls to Action) to publish and alert the community.
On occasion, one of the esteemed #2019VapeFight .org’s may publish a CTA later in the day. It may pass us till the next day. Please Help this page—> Such as ON IG, we have received several CTA Alerts from concerned Vapers (#VapeWarriors). We appreciate this and please continue to share. We will publish your handle when you tag us for the alert. Thank you VapersArmy!
The Vape Community is family…being part of a family means doing your part. Please advocate for Vapor as Harm reduction for you and future vapers.
We hope you find this page helpful. Please let us know. We welcome feedback on CTA and/or VapeSling® products. Reach us anytime on the contact page or custinput@vapesling.com, or vapersarmy@vapesling.com
Click on links below to reach out to your state or local area Reps asking their support for HR1136 and opposition to S.3319. Unite to fight for our right to VAPE!
VSLLC conducts daily research for new CTA’s (Calls to Action) to publish and alert the community.
On occasion, one of the esteemed #2019VapeFight .org’s may publish a CTA later in the day. It may pass us till the next day. Please Help this page—> Such as ON IG, we have received several CTA Alerts from concerned Vapers (#VapeWarriors). We appreciate this and please continue to share. We will publish your handle when you tag us for the alert. Thank you VapersArmy!
The Vape Community is family…being part of a family means doing your part. Please advocate for Vapor as Harm reduction for you and future vapers.
This week has been another busy week for VTA. As our federal and state governments respond aggressively to the COVID-19 pandemic, VTA remains fully engaged in supporting and advocating for the rights of our community. We ask that
you do your part to ensure that we slow the further spread of the virus. We are all in this together.
FDA SEEKS PMTA DEADLINE EXTENSION; COURT ISSUES INDICATIVE RULING
This week, the FDA submitted a
letter to the U.S. District Court for the District of Maryland, in
American Academy of Pediatrics, et al. v. FDA, et al., asking Judge
Grimm to extend the May 12, 2020 court-ordered PMTA deadline by 120-days
to September 9, 2020 “in light of the global
outbreak of respiratory illness caused by a new coronavirus.”
In deciding to request a 120-day extension, the FDA noted that it had
received requests from numerous trade associations and companies,
including consultants involved in the PMTA process, for extensions
“between 8 weeks and 180 days, with the majority of requests
for 180 days.” VTA was one of those trade associations that submitted a
request to the FDA and did so on March 20, 2020 outlining the basis and
necessity for deadline extensions for large manufacturers and small
manufacturers. VTA also encouraged the FDA
to utilize the additional time to implement PMTA process modifications
that will ensure the survival of small businesses and a diverse array of
the vapor products on which former smokers now rely.
The District Court initially set a briefing schedule to allow the
Plaintiffs time to present their arguments (even though they did not
object to the FDA’s request) that ran dangerously close to the May 12,
2020 deadline. However, the Plaintiffs filed their
written statement early and, today, the District Court issued an “Indicative
Ruling” stating that if the case is remanded to the District Court
from the Fourth Circuit Court of Appeals (where the case currently
resides), the District Court would extend the May 12, 2020 PMTA deadline
to September 9, 2020.
This is an important development and with the understanding that no
official order has yet extended the deadline, we presume that if the
Court of Appeals remands the case promptly, the District Court will
convert the Indicative Ruling into a former order extending
the deadline. However, until that time, the deadline remains May 12,
2020. Upon the entry of the final order, we anticipate that the FDA will
update its January 2020 guidance as indicated. We will keep you
apprised of developments.
IOWA ATTORNEY GENERAL, PUBLIC HEALTH EXPERTS, SEND LETTER TO FDA COMBATING CORONAVIRUS AND VAPING ACCUSATIONS
On Tuesday, Iowa’s Attorney General, Thomas J. Miller, sent a
letter to Mitchell Zeller, Director of Center for Tobacco Products
at the FDA, challenging the basis of comments made by an FDA
spokesperson linking coronavirus and vaping. The letter addressed the
seriousness of miscommunication during this time and offered
advice to the FDA for how it should be communicating the risks of
smoking and vaping at this time, i.e., based on science. The letter was
signed by Attorney General Miller and 12 leading harm reduction, public
health, and public policy experts. VTA also sent
a letter to FDA raising concerns on this same subject and imploring the
agency to speak clearly based on science during this difficult time.
VAPOR INDUSTRY RALLIES AMIDST COVID-19 CRISIS TO MANUFACTURE HAND SANITIZER AND DELIVER MASKS
Examples are pouring in highlighting how our industry is stepping up to
combat the coronavirus. This week we have been working with members and
other healthcare industry stakeholders in developing alliances and
sourcing materials for the manufacture of hand
sanitizer and surgical masks. We are still looking for every example,
large and small, of how the companies in our industry have been stepping
up to do their part to flatten the curve. If you have not done so
already, please send details of what your company
has been doing and let us know if you want to be included in our
coordinated effort. If you have any questions, examples to share, or are
interested in supporting this effort, please send us an email entitled
COVID-19 Response to us at:
COVID19ReliefTeam@vaportechnology.org.
STATE OF THE STATES
This week has been another busy week for VTA and its member associations in statehouses.
As state governments respond aggressively to the COVID-19 pandemic and
prepare stay-at-home orders, we are working hard
to lobby for vapor stores to be identified as essential businesses.
FLORIDA FIGHTS FOR FLAVOR BAN VETO
This week, VTA’s Veto SB 810 advertisement campaign continued in
Tallahassee, Florida. The campaign calls on Governor DeSantis to veto
legislation that would ban the sale of flavored e-liquids sold to adults
by over 800 small businesses in Florida. The ad,
“Florida’s
Economy” highlights the devastating economic and public health consequences this bill would have on the state of Florida. The ad is airing
on CNN and Fox News shows in Tallahassee.
We are continuing our efforts to reach the Governor and advocate on
behalf of our members who would be severely impacted by this
legislation, but we NEED YOU and all Florida residents to continue to
ask Governor DeSantis to VETO Senate Bill 810. Please take
action and tell your friends and colleagues in Florida to contact the
Governor here:
https://vaperssayveto.com/.
NEW YORK FLAVOR BAN PASSES
Early this morning, despite enormous industry and consumer pushback, the
New York State legislature passed a sweeping vapor bill that included a
full flavor ban as part of the New York State budget. As we reported
earlier, Governor Cuomo had made this a priority
– even during the coronavirus fight – and forced the flavor ban into
the state budget without so much as a hearing or debate on the
issue. VTA’s campaign, alongside New York vape businesses and the most
fervent consumer advocates, was strong but hampered by
the inability to engage legislators or even test the flavor ban at a
hearing because the legislature was on lock down due to coronavirus. VTA
has issued a statement on
the passing.
Here are just a few of the provisions included in the budget bill affecting our industry:
Flavor Ban: The new law bans the sale of flavored vapor
products including mint, wintergreen and menthol. Retailers in
violation of the law can be subject to civil penalties of up to $100 per
individual package of flavor product sold for consumption.
Products receiving PMTA approval are exempt from this provision. Because the bill was signed today, the flavor ban will go into effect in 45 days.
Coupons Banned: The law bans the use of coupons for all tobacco and vapor products at the retail level.
Licensing and Shipping: Shipping and transporting vapor
products in New York will require licensure as a vapor products dealer.
Licensing is through the Commissioner of Taxation. Vapor products
shipped into or within the state must be plainly
marked as “vapor products.” First offense violation is a class A
misdemeanor and a second offense is a class E felony.
Product Ingredient Reporting: Manufacturers will be
required to provide a public record of the ingredients and byproducts of
each vapor product, in addition to research on the effects on human
health for each ingredient listed, and the evaluation
of potential alternatives to these ingredients along with the hazards
associated with them. Compliance is required by January 1, 2021 and
every two years thereafter. A first offense violation is $5,000 and each
subsequent offense is $10,000.
Advertising Restriction: Tobacco and vapor product
advertising is not permitted in the windows and doors of retail
establishments within 1500 feet of a school (500 feet in New York City).
Violators are subject to a $500 fine.
The provisions of this law will take effect on July 1, 2020 unless otherwise noted above.
VAPOR TECHNOLOGY ASSOCIATION, et al. v. ANDREW CUOMO, Governor, et al.
The lawsuit through which VTA stopped the executive flavor ban last
year, keeping all vapor companies in business in New York, continues on.
In the last two weeks, in the midst of the coronavirus pandemic, the
Administration asked the Appellate Court to reopen
so it could pursue its appeal claiming it was “urgent”. The Appellate
Court agreed to hear the case, we are continuing to defend against the
unconstitutional overreach of the executive branch in issuing its
original flavor ban order. We will see where the
case goes in light of today’s developments but, true to form, certain
“public health” groups attempted to file a “friends of the court” brief
seeking to impact the proceeding. Attached is the VTA’s
response that calls out the Campaign for Tobacco Free Kids, American
Lung Association and the other petitioners, for their filing in which
they appear to intentionally mislead the Appellate Court by failing to
advise the court that the FDA banned the flavored
products they have been campaigning against and by falsely attacking
one of our co-plaintiffs.
KENTUCKY TAX BILL MOVES TO GOVERNOR FOR SIGNING
The VTA Government Affairs team has been engaged on the tax implications of
HB 32. The legislative tax language from HB 32 was added to the overall Kentucky Revenue legislation (HB
351) and passed both chambers this week. The language used in the
revenue bill removes the floor tax but taxes pods at a rate of $1.50 per
pod and adds 15% wholesale tax on open systems. This move was made in
haste due to the pending legislative recess
and stay at home orders. The revenue legislation HB 351 now moves onto
the Governor for signature. We are monitoring for signing and will
update accordingly. The provisions of this law will take effect August
1, 2020.
VTA IN THE NEWS
FDA ASKS JUDGE TO DELAY E-CIGARETTE DEADLINE, CITING VIRUS
Bloomberg Law covered the FDA’s request for an extension to the May 12
PMTA deadline. Tony Abboud, executive director of the Vapor Technology
Association, called the move “a step in the right direction” but said it
likely won’t go far enough. VTA sent a letter
to the FDA earlier this month requesting a 180-day extension for large
manufacturers and a 270-day extension for small ones. To read the full
piece, click
here.
E-CIGARETTE FLAVOR BAN IN NEW YORK STATE BUDGET, LOCAL VAPE SHOPS CONCERNED
The e-cigarette flavor ban made its way into the New York State 2021
budget. “We’re disappointed that Governor Cuomo used a global health
emergency to force the New York legislature to pass a ban on flavored
vapor products through backroom negotiations and
without holding a single hearing or debate,” said Tony Abboud,
Executive Director of the Vapor Technology Association. To read the full piece, click here.
IN THE NEWS
VAPE SHOPS LOBBY TO KEEP DOORS OPEN AMID VIRUS SHUTDOWNS
Pro-vaping groups are mounting an uphill campaign to persuade federal
and state authorities to let vape shops remain open even as other
retailers close their doors during the growing outbreak of the new
coronavirus. Advocates say vape shops are essential businesses
that help keep Americans from buying traditional cigarettes. To read
the full piece, click
here.
VAPING ENTHUSIASTS HOLD VIRTUAL RALLY TO VOICE DESIRE FOR GUBERNATORIAL VETO
The Florida Smoke Free Association (FSFA) hosted a virtual rally urging
Governor Ron DeSantis to veto a flavored vaping ban passed by the state
legislature. To read the full piece, click
here.
During this time of uncertainty, we
ask that you be safe, be smart and stick with us. As we have always
said, we are all in this together. Connect with us and thank you for all
you do to protect vapor!
