On behalf of almost 14,000 American
vapor business owners, more than 87,000 American vapor workers, and the
13 million adult consumers they serve who use flavored vapor products, I
am asking you NOT to implement a federal flavor ban on vapor products.
A ban on flavored vapor products will devastate more than 11,000
small businesses nationwide and result in tens of thousands of people
laid off. The Made in America flavored vapor industry is larger than
concrete industry and larger than the iron and steel forging industry.
The vapor industry has a total economic impact of $24 Billion on the
U.S. economy – all of which is hanging in the balance as you consider
this action which will wipe that out.
The vast majority of vapers are adults
who successfully quit (or are trying to quit) cigarettes with the
assistance of vapor products by relying on a variety of flavor options
like fruit flavors – but not
tobacco flavor. And, there is plenty of research and survey data that
shows that flavors keep smokers from turning back to deadly cigarettes.
It is already illegal for teens to purchase vapor products. And,
there are many other steps we can take to limit teen use of vapor
products including stricter marketing standards and stronger enforcement
of the laws already on the books. But, banning these products for
adults will only hurt the U.S. economy and send millions of adults back
to smoking cigarettes or to the black market. Additionally, deadly
combustible cigarettes will still be available on the open market and
left untouched.
Researchers say that flavored vapor products truly represent a safer alternative to cigarettes.
E-cigarettes are at least 95% safer than cigarettes according to the Royal College of Physicians.
In Feb. 2019 the New England Journal of Medicine published a study
which concluded vapor products are twice as effective helping smokers
quit than traditional cessation methods like nicotine gum or patch.
Georgetown University public health experts conclude that switching
to e-cigarettes would save between 1.6 and 6.6 million lives over the
next 10 years.
The American Cancer Society’s Public Health Statement on Eliminating Combustible Tobacco Use in the United States stated, “switching to the exclusive use of e-cigarettes is preferable to continuing to smoke combustible products.”
There has been no indication that
industry standard nicotine-containing vapor products are to blame for
recent cases of lung illness. In fact, FDA investigators found that
black market THC were likely the cause.
A flavor ban is a terrible idea
that would be devastating to all the growing small businesses dedicated
to helping their customers quit deadly cigarettes. Please consider these
businesses and all Americans desperately trying to quit and change
course. Please do NOT implement a federal flavor ban on vapor products.
National Call To Action – Light Up The White House Switchboard
The White House needs to
hear from adult vapers and anyone who loves a vaper! A flavor ban won’t
protect our children, but it will kill their parents.
We need to
Light Up The Switchboard
At The Whitehouse!
Ph: 202-456-1414
or
202-456-1111
On your call:
The operator will likely ask where they can direct your call
Simply tell them that flavored vapor products saved your life; and,
FROM CASAA: While all eyes are on the White House this week, we are reminding members that several bills in Congress could do more harm to consumers and be enacted faster than FDA can take enforcement action against the vapor industry.
In July, a US District Court judge, Paul Grimm, produced a remedy order that requires the FDA to enforce the premarket tobacco application (PMTA) requirement starting in May of 2020. This effectively moves up this particular compliance deadline by more than a year. While a small handful of companies might be in a position to attempt compliance with this new deadline, the rest of the vapor industry is not.
Strict
enforcement of this deadline will force most US manufacturers to shut
down. Even though the FDA will retain enforcement discretion with regard
to certain compliance deadlines on a case-by-case
basis, it is not clear how (or even if) the agency will apply it. In
other words,
there is no guarantee that companies will be allowed to keep their products on the market.
At
the same time, several bills are active in Congress that would undermine
FDA’s authority over new tobacco products. These bills propose to
raise taxes, ban flavors, limit online sales, and one
bill even goes as far as requiring vapor products to be approved for
market only as medical drugs/devices.
CASAA
is asking our members to take action by sending a message to your
federal lawmakers urging them to reject this legislation and prevent a
massive underground market from taking the place
of our current legal, regulated marketplace. We will start delivering your messages one week from now to coincide with a lobby day organized by the Vapor Technology Association.
By
way of background, In July, Judge Paul Grimm, US District Court District
of Maryland, ruled that the FDA has until May 2020 to enforce the
premarket tobacco application (PMTA) requirement
for new tobacco and vapor products.
The
initial compliance deadline for PMTA was August 8, 2018. But in July
2017, the FDA delayed the PMTA deadline to 2022–for non-combustible
products–citing a need to give vapor manufacturers
more time to prepare and submit meaningful applications that would be
more likely to be accepted by the agency.
Within
a year, the FDA changed course after reviewing national survey data
showing a sharp uptick in youth use of vapor products. The updated
guidance would require applications to market
vapor products in flavors other than tobacco to be submitted and
accepted by the FDA by August of 2021. Although never finalized, the
draft guidance would have also limited sales of flavored vapor products
to adult-only specialty vapor/tobacco stores.
In
2018, the American Academy of Pediatricians (AAP) sued the FDA with the
goal of reinstating the original August 8, 2018 PMTA compliance
deadline. Following an exchange of proposed remedy
briefs by both parties, Judge Grimm ruled that FDA’s suggestion of no
less than ten months from the date of the court’s decision would be
necessary for companies to finalize and submit acceptable applications.
Judge Grimm granted FDA’s request.
The
ten-month deadline is one of four points detailed in Judge Grimm’s
remedy order. The remaining provisions of the order are as follows:
New
products for which applications have not been filed within this period
shall be subject to FDA enforcement actions, in the FDA’s discretion;
New
products for which applications have been timely filed may remain on
the market without being subject to FDA enforcement actions for a period
not to exceed one year from
the date of application while FDA considers the application;
The FDA shall have the ability to exempt New Products from filing requirements for good cause on a case-by-case basis.
While the one-year “grace period” for a manufacturer to keep a product on the market during FDA’s review of their application is nothing new, the points regarding the agency’s enforcement discretion and ability to exempt new products from the filing requirements are significant.
It may be hard to believe, but FDA specifically asked the court to preserve the agency’s enforcement discretion citing negative consequences of a mass exodus from the vapor market and an extreme and sudden decrease in access to safer alternatives to smoking. The FDA expressed strong concern that such an event would cause thousands of people who vape to return to smoking.
Preserving FDA’s enforcement discretion is not a free pass for the vapor industry and consumers should be very concerned about what this remedy order means for our access to vapor shops, vapor products, and other resources. The FDA and Congress are still facing tremendous pressure from anti-nicotine activists to ban flavors, enact taxes on vapor products, ban online sales, and raise the purchase age to 21. Additionally, we are monitoring a budding movement by local governments in California to take matters into their own hands by requiring that a vapor company has a marketing order from the FDA in order to sell their product in their city.
From Alex Clark of CASAA: Yesterday, Donald Trump, along with HHS secretary Alex Azaar, announced that the administration would be banning all flavored vapor products from the market. The move is in response to early findings from the National Youth Tobacco Survey (NYTS) that show the number of young people who vape has increased by 25% in 2019 (accompanied by a 28% decline in teen smoking).
The White House needs to hear from adult vapers and anyone who loves a vaper! A flavor ban won’t protect our children, but it will kill their parents. We need to Light Up The Switchboard At The Whitehouse! 202-456-1414 On your call: The operator will likely ask where they can direct your call Simply tell them that flavored vapor products saved your life; and,tell them “We Vape, We Vote. Be polite, be brief, and say thank you.
>>>Share this post!<<< We know that people are scared and angry and we wish there were some hopeful words that we could offer to make things better, but this is just about as bad as we’ve seen it. We are facing a total favor ban on a massive, national scale, and such a measure will bolster state and local lawmakers to take similar action. While any enforcement action coming the FDA will likely take weeks or months, cities and states can move faster. We are also constantly facing waves of disinformation from officials who are supposed to be looking out for public health.
In the coming days and weeks, we will be working to provide you with up-to-date information and opportunities to connect with lawmakers. Some of you will probably need to save up for plane and bus tickets–whether your heading to D.C. or your state capitol. Everyone will need to share their stories, especially with people who are curious about switching to vaping instead of continuing to smoke.
But today, lets show the White House just how many people the administration is putting at risk. Light up the phones!
Thank you for Taking Action, Alex Clark CEO, CASAA #IvapeIvote
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 [email protected], or [email protected]
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.
Posted 12/04/18 Thanks for the Heads up on IG @hell_wolfie_fbv
Once again, CASAA is pleased to share the annual ECig Intelligence consumer survey with our members. As you may remember from previous years, CASAA works cooperatively with ECI to develop survey questions that aid us in our advocacy efforts and help take the pulse of the vaping community.
Please take 10 – 15 minutes to complete this year’s Ecig Intelligence Consumer Survey!
Your participation in this survey will help inform regulators, advocates, and commentators as we all work to build policies that benefit consumers.
Thank you!
Alex Clark
CEO, CASAA
Posted 10/19/18 THE DEADLINE IS MONDAY, OCTOBER 22! Surveys are only as good as those who participate and only as good as the information you provide. So, please e-liquid manufacturers take the time to do your part. Per ECig Intelligence, the specific information you provide will be kept confidential by them. Your responses will be aggregated with all the others so that the combined information will help us paint the best picture of the e-liquid industry for the decision makers in D.C. and in your states. SURVEY
Posted 8/23/18 Click Here—>Petition against S3319 Flavor Ban. Takes seconds to do your part for Vapor Flavors. S3319 seeks to ban all flavored Vapor excluding tobacco and menthol. Fight for your yummy vapor flavors now. Thanks goes to IG @quickshotcompcoils for the heads up.
Posted 8/18/18
Link to download sign—> “Quit with Flavor”. Thank you to @jenbergercoleman of IG for the Campaign start. NotBlowingSmoke.org has provided a link to download the “Quit on Flavor” sign to be used for this social media campaign. Contact @jenbergercoleman on IG with your posting. Please join us and do your part and raise awareness of vape flavors important role. The posts will be shared with the Senate, Congress, President and FDA.
VAPOR TECHNOLOGY ASSOCIATION AND VAPOR STOCKROOM FILE LAWSUIT AGAINST FDA
Contact: Alex Schriver; [email protected]
WASHINGTON D.C. – August 14, 2019 – Today, the Vapor Technology
Association (VTA) and Vapor Stockroom (VSR) filed a lawsuit in federal
court against the U.S. Food & Drug Administration (FDA), amongst
others, over its unreasonable and arbitrary Pre-Market Tobacco
Application (“PMTA”) process and the recently grossly accelerated PMTA
filing deadline. Plaintiffs are taking action to require FDA to publish
and complete the long-promised “foundational rules” describing the
specific requirements for PMTAs. In addition,
Plaintiffs are asking the court to enjoin FDA from enforcing the May
2020 PMTA deadline or taking enforcement action against companies that
do not have a PMTA on file until a reasonable period of time
after the actual foundational rules are finalized.
With over 3 million vapor products registered with FDA, the arbitrary
May 2020 PMTA deadline which FDA is currently enforcing is simply
impossible to meet for thousands of small and mid-sized vapor
businesses, particularly in the absence of a draft or final
PMTA Rule. Any final PMTA Rule must allow sufficient time to conduct
the many complex and time-consuming tests and studies currently being
required by FDA.
Since 2016, FDA has provided five different PMTA submission deadlines:
August 8, 2018; November 8, 2018; August 8, 2022; August 8, 2021; and
now May 12, 2020. The most recent deadline was only just established on
July 12, 2019 – leaving a scant ten months for
vapor industry manufacturers to attempt to comply, which is now 27
months earlier than previously set by FDA.
“FDA’s constantly shifting regulatory process is wholly unreasonable,
unfair and unlawful. The Agency has failed to provide advance notice or
an opportunity for public comment as required by the Administrative
Procedure Act. Grossly accelerating the deadlines
and then repeatedly changing the already onerous requirements is
unacceptable under any regulatory regime, but this is especially true
for vapor products when
FDA itself warns that ‘it is likely that there would be a
mass market exit of ENDS products’ that ‘could adversely affect the
public health,’” said Tony Abboud, Executive Director of the Vapor
Technology Association.
The PMTA application is by far the most arduous of the many regulatory
requirements governing ENDS products, and requires a complex,
multi-year, multi-million-dollar process that FDA has still failed to
fully articulate despite its repeated promises to do so.
“To be clear, no business could rationally have been expected to start
conducting complex PMTA testing before FDA finally published its PMTA
guidance document on June 11, 2019, the day before it asked the Court to
impose a 10-month PMTA deadline,” said Abboud.
The stark facts set forth in the Complaint are that, even with unlimited
resources, there are not enough labs, there are not enough subjects,
and there are not enough hours in the day to properly conduct the
scientific inquiries that FDA only just laid out
on June 11, 2019, by the May 2020 deadline.
Our company complied with every regulation imposed by FDA and invested
in our business while waiting for FDA to deliver on all of the promised
PMTA rules, guidance and standards. We never thought that FDA would
wait so long to provide any direction and then
immediately shrink the deadline so that we had no chance to stay in
business,” said Tony Florence, President of Vapor Stockroom, LLC. “It’s a
devastating one-two punch to small businesses all over the country,” he
added.
“It is time for FDA to stop moving the goalposts and changing the rules
in the middle of the game to the detriment of our manufacturers and
small businesses,” said Abboud. “FDA’s actions, if unchecked, will shut
down an entire industry that has developed to
challenge the combustible cigarette. Whatever FDA calls its ‘rules of
the road’ simply cannot be relied upon in the absence of a real PMTA
rulemaking process that gives all stakeholders the opportunity for
notice and comment, not just those interested parties
that file lawsuits,” he added.
The plaintiffs in the case are Vapor Technology Association and Vapor
Stockroom, LLC. The plaintiffs are represented by Thompson Hine LLP as
counsel. The case, titled
Vapor Technology Association, et al. vs. Food & Drug Administration, et al.
has been filed in the United States District Court for the Eastern
District of Kentucky. The case number is not yet assigned but a link to
the filing can be found
here.
XXX
The Vapor Technology Association is the leading U.S. non-profit
industry trade association whose 800+ members are dedicated to
innovating and selling high quality vapor products that provide adult
consumers with a better alternative to traditional combustible
cigarettes. VTA represents the industry-leading manufacturers of vapor
devices, e-liquids, flavorings, and components, as well as the largest
wholesalers, distributors, importers, and e-commerce retailers, in
addition to hundreds of hard-working American brick-and
mortar retail store owners throughout the United States. Vapor Stockroom is a Lexington, Kentucky manufacturer of
nicotine-containing e-liquids and currently manufactures 40 distinct
lines. It employs thirteen people and sells its products in local retail
stores, online, and through distribution to vape shops
and tobacco specialty stores nationwide.
Article Provided by VapeSling LLC from VTA membership.
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 [email protected], or [email protected]
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.
Posted 12/04/18 Thanks for the Heads up on IG @hell_wolfie_fbv
Once again, CASAA is pleased to share the annual ECig Intelligence consumer survey with our members. As you may remember from previous years, CASAA works cooperatively with ECI to develop survey questions that aid us in our advocacy efforts and help take the pulse of the vaping community.
Please take 10 – 15 minutes to complete this year’s Ecig Intelligence Consumer Survey!
Your participation in this survey will help inform regulators, advocates, and commentators as we all work to build policies that benefit consumers.
Thank you!
Alex Clark
CEO, CASAA
Posted 10/19/18 THE DEADLINE IS MONDAY, OCTOBER 22! Surveys are only as good as those who participate and only as good as the information you provide. So, please e-liquid manufacturers take the time to do your part. Per ECig Intelligence, the specific information you provide will be kept confidential by them. Your responses will be aggregated with all the others so that the combined information will help us paint the best picture of the e-liquid industry for the decision makers in D.C. and in your states. SURVEY
Posted 8/23/18 Click Here—>Petition against S3319 Flavor Ban. Takes seconds to do your part for Vapor Flavors. S3319 seeks to ban all flavored Vapor excluding tobacco and menthol. Fight for your yummy vapor flavors now. Thanks goes to IG @quickshotcompcoils for the heads up.
Posted 8/18/18
Link to download sign—> “Quit with Flavor”. Thank you to @jenbergercoleman of IG for the Campaign start. NotBlowingSmoke.org has provided a link to download the “Quit on Flavor” sign to be used for this social media campaign. Contact @jenbergercoleman on IG with your posting. Please join us and do your part and raise awareness of vape flavors important role. The posts will be shared with the Senate, Congress, President and FDA.
VTA Member, Amanda Wheeler of JVAPES E-Liquid and President of the Rocky Mountain Smoke Free Alliance, is taking the lead at a critical time for the vapor industry. She is seeking signatories for a thoughtful letter to the FDA on behalf of small business owners in the vapor industry. But we need your help!
We are calling on all of our small business owners to follow Amanda’s example and sign onto this letter to FDA Center for Tobacco Products Director, Mitchell Zeller. The letter requests a regulatory process that does not kill our industry through an unclear and cost prohibitive PMTA process.
We will be working with Amanda, and our members, setting up a meeting
with the FDA to discuss the adoption of a regulation process that will
encourage the growth of responsible businesses within the vapor industry
instead of the current trajectory of unreasonable demands set to quash
numerous small businesses. Please complete the form to add your name to
the letter and join the fight.
Become a signatory and pass this petition along to any industry
stakeholders who may want to join our cause. Now more than ever we need
to take action. Everyone needs to be off of the sidelines during this
critical time for our industry.
Thank you for joining the fight!
Tony Abboud
Vapor Technology Association
—- READ THE LETTER —-
Mitchell Zeller Director Center for Tobacco Products Food and Drug Administration 10903 New Hampshire Avenue Silver Spring, MD 20993-0002
Dear Mr. Zeller,
We are writing to you today to express our concern for small
businesses in the open vapor product industry in regard to the current
PMTA guidance. Thousands of small vape shop owners and vapor product
manufacturers are on the precipice of extinction. We are facing vague,
unattainable regulatory gates and the terrifying threat of regulatory
termination of the most impactful tobacco harm reduction products to
date. We are being forced to prepare for a future where we will not be
able to afford costly and unclear premarket approval, casting small
businesses out of the lifesaving industry that we once created. It is
our hope that the FDA can convene with our industry representatives to
develop a pathway to clear and concise industry regulation that is
mutually agreeable.
Current PMTA guidance recommends extensive research into each
product, which includes bottle size and nicotine variations, as well as
environmental assessments. We are not large corporations that can afford
to fund departments devoted to regulatory affairs, science, toxicology,
and legal matters, nor do we have millions of dollars to secure these
services. We are mostly “mom and pop” small businesses. Many of us
started with nothing but a few thousand dollars and a desire to help
smokers quit, using the same method we used ourselves. Through hard
work, and a firm belief in our mission, we have been able to develop
successful small businesses that have not only created job opportunities
for thousands of people, but helped countless people quit smoking
cigarettes, and even quit using nicotine entirely, for good. This
industry was created by thousands of small business owners who exemplify
the American Dream—that through dedication and hard work, everyone has
the opportunity to be successful. The current PMTA structure may well
turn out to be impossible to navigate or comply with, at least to any
distinction of consistency and dependability for advancing products and
incentivizing improvements.
Thus far, efforts to engage consultants, laboratory services, and
legal counsel all seem to produce professional regulatory experts that
are just as unclear on how to advance through FDA’s current regulatory
structure successfully. This leaves the industry even further confused,
and effectively paralyzed, as we consider the risk of potentially
spending ourselves out of business – because none of these entities can
provide definitive answers to a process that remains completely
subjective. The estimated costs given to us by the very services we
would need to utilize to achieve adequate PMTA submission, amounting to
millions of dollars per SKU, are significantly higher than the FDA’s
“average application cost” of $131,643 for initial e-liquid submissions.
PMTA guidance, by its very nature, gives the vapor industry a loose
understanding of what will and won’t result in approval. These
recommendations, combined with high costs for only a potential chance of
approval, create an unrealistic paywall to industry compliance.
We are already beginning to see vape shops and vapor product
manufacturers shut their doors—the smallest partnerships and
family-owned businesses in the industry are steadily beginning to
disappear. Some vapor product manufacturers are moving their
American-based businesses to more vapor-friendly countries that have
clear, attainable regulatory structures. Those manufacturers who do not
have the ability to uproot their lives to make such a business move are
instead selling their livelihood for pennies on the dollar, rather than
risking a total loss when FDA exercises their enforcement discretion.
Many members of the open vapor industry are making the difficult
decision not to renew leases on the buildings they occupy because the
pathway to remain on the market is completely subjective, undefined, and
makes compliance extremely difficult, if not impossible. We will
continue to see this industry slowly collapse under the heavy burden of
the current regulatory framework that is unlike any other and offers no
consistent baseline for the industry to follow.
It is clear that the outcome of the current regulatory structure will
hand the entire vapor product industry to massive tobacco companies who
have a long, sordid, and extremely profitable history of damaging the
health and wellbeing of this country. The open vapor industry has and
hopefully always will be able to be committed to helping combustible
tobacco users transition to a nicotine delivery system that has been
proven less harmful by orders of magnitude. We represent a group of
businesses prepared to work with the FDA towards reasonable, realistic
and sustainable regulations that are attainable for industry
participants and more consistent with established and commonplace
regulations for other consumable products.
Perhaps our most important concern is that combustible tobacco
products, which are clearly and demonstrably harmful to public health,
will be allowed to remain on the market in every smoke shop, gas
station, grocery store, and convenience store in the country with little
more than an age restriction and modest tax as a use deterrent. The
only remaining choices Americans will have are combustible tobacco
products, big tobacco company owned vapor products, or potentially
hazardous, unsafe, and illegal black market products. Not only will
these vague and unattainable PMTA guidelines reward tobacco companies
for their current and past behavior, but they will also surely undo much
of the hard work open vapor product manufacturers, distributors, and
resellers have done to help millions of combustible tobacco users
transition to safer nicotine delivery systems and even quit nicotine
altogether.
Tobacco companies created the distrust that now exists. They also
followed our lead into these less harmful alternatives while vilifying
our products without factual basis. They have exponentially more
resources, lobbyists, and influence, but current realities will give
them the harm reduction market that we established and advanced. The
current regulatory structure will take this from us and hand deliver it
to those companies who created and advanced the harms of combustible
cigarettes with no concern for the consequences. Furthermore, the FDA’s
own age-of-sale enforcement stings show that youths are not obtaining
these products from our industry participants, they obtain them from the
tobacco distribution pathways.
So why allow tobacco companies to commandeer this industry when we
are the ones who have introduced these products, created this new harm
reduction strategy, and are verifiably (by the FDA’s own enforcement
evaluations) maintaining youth sales prevention and discouragement?
Our concerns go beyond the loss of our businesses or the added power
those losses would hand tobacco companies. We are equally concerned
about vapor product manufacturing being handled by irresponsible,
potentially dangerous black market entities. These black market entities
will have no incentive to ensure that their illegal products follow
standardized, unadulterated manufacturing practices. Consumers will
unwittingly be put at risk by potentially hazardous and unsafe vapor
products.
We understand and respect the FDA’s mandate to ensure reasonable
consumer protections. We, the undersigned, are prepared to meet with FDA
to cooperate and work together to find mutually satisfactory structures
to regulate these products that will provide the requisite consumer
protections, and also create a regulatory approach that is defined,
clear, and attainable by those industry participants, like us, who are
fully prepared to preserve and solidify the harm reduction public health
benefits these products are capable of providing.
We hope the FDA will recognize and consider that this industry is different than any other. Most consumable products get introduced by big conglomerates or multinational manufacturers with correlative budgets and regulatory experts. Meanwhile, vapor products are facing regulatory approaches advanced many years after the products were already on store shelves. We acknowledge and respect the difficulties this adds for both the FDA and the industry. We are prepared to work with the FDA to find regulatory frameworks that meet our mutual goals. If we cannot find some realistic, consistent, and compliable common ground, businesses will close, thousands of jobs will be lost, many leases broken, investments lost (some even at life-changing levels) – many may lose their homes, savings, and much more.
We urgently request that you engage with us in a timely manner to navigate an attainable solution for small business owners so that we can reach our common goal: to save the lives of more than 480,000 American adult smokers a year without subjecting a new generation to nicotine addiction.
Article provided by VapeSling LLC
Thanks to VTA for sharing this critical CTA posting
Petition Title: Over-rule the Federal decision to push a PMTA submission for the E-Cigarette community
The e-cigarette community has thrived off of doing good in health for
the community. It has now developed itself to uphold the value of life
for many people across the globe.
Upon the review of the dangers and side affects of utilizing what is
referred to as e-cigarettes, it appears that there few dangers which may
follow the effects of use. However the underlying issue is that they
appear to be used by persons of a young age
in school. These products are commonly found to be small systems such
as Juul (leading discovery) which are purchasable through a 7Eleven and
gas station.
For information on how to help prevent this, here is a government
link from the UK showing what is truly effective and how things can
change without ruining what we have build.
Provided by VTA. Published on VapeSling.com 7/2/19
2019 – NEW STATE LAWS AFFECTING VAPOR
INTERIM COMPLIANCE UPDATE
July 1, 2019
The Vapor Technology Association has compiled the following list as an
overview with citations of state-level vapor product laws that have been
enacted recently, meaning the bills have passed the legislature and
have been signed by the Governor in the 2019
legislative session.
This update is broken down into four sections covering laws:
Raising the age to purchase vapor products (page 2); Raising taxes on vapor products (page 4); Impacting labeling, marketing and licensure (page 6); andAdding vapor to clean indoor air acts (page 8).
It is of note that there are several states with pending legislation
that would impact vapor products that have not adjourned yet for 2019.
This summary includes bills that would affect the age for legal sales,
flavor bans, taxation, as well as online sales
bans. The next update of this summary will occur on or by August 1,
2019.
Cautionary Notes:
a. This summary is meant to be a resource guide and should not replace the advice of legal counsel.
b. This summary contains state-level information only. Some cities
and towns have been passing their own municipal ordinances. Hence, your
municipality may have a law that governs your business even if the state
does not, OR your town may impose restrictions
greater than what is included on this table. So, again, you should not
rely on this document for legal advice but should consult your own legal
counsel and must investigate whether and to what extent your unit of
local government has regulated vapor products. Raising the Age to Purchase Vapor Products ALABAMA – T21 Implementation Date:
September 1, 2019Key Provisions:
Raises the purchase age to 21 for all tobacco and vaping productsSets advertising restrictionsCreates zoning restrictions for retailers near schools, churches, child care centers and related facilitiesRequires a permit to sell vaping products if over 35% of gross sales
Rule-making will be required for implementation.
CONNECTICUT – T21 Implementation Date: October 1, 2019
Key Provisions:
Raises the purchase age to 21 for all tobacco and vaping productsIncrease the annual registration fee to sell vaping products from $400 to $800 for dealers with multiple registrationsIncreases the penalties for underage sales with unannounced compliance checksAllows
e-cigarette dealers to give promotional samples in connection with the
promotion or advertisement of a product in a similar manner as current
law allows for cigarettes and tobacco productsBans the use of tobacco and vapor product on the grounds of child care centers and schools
Link: https://www.cga.ct.gov/2019/ACT/pa/pdf/2019PA-00013-R00HB-07200-PA.pdf
TEXAS – T21 Implementation Date: September 1, 2019
Key Provisions:
Raises the age to purchase tobacco products, including vapor products, to age 21Exemption for military personnel Prohibits
local municipalities from adopting or enforcing an ordinance or
requirement relating to the lawful age to sell, distribute, or use
cigarettes, e-cigarettes, or tobacco products
Link: https://journals.senate.texas.gov/sjrnl/86r/pdf/86RSJ05-27-F.PDF#page=41
UTAH – T21 Implementation Date: July 1, 2020
Key Provisions:
The law raises the age to purchase tobacco products, including vapor products to age 21The age increase is phased in over the next three yearsExemption for military personnel
Link:https://le.UTAH.gov/~2019/bills/hbillenr/HB0324.pdf
VERMONT – T21 Implementation Date: September 1, 2019
WASHINGTON – T21 Implementation Date: January 1, 2020
Key Provisions:
The law raises the purchase age for cigarettes, tobacco products, and vapor products to 21Tobacco
products may not be sold through a vending machine unless the machine
is located in a place where persons under the age of 21 are prohibited
or in an industrial worksite where persons under the age of 21 are not
employed,
and it is located at least ten feet from entrances and exits
Link:
http://lawfilesext.leg.wa.gov/biennium/2019-20/Pdf/Bills/Session%20Laws/House/1074.SL.pdf#page=1 New Laws Taxing Vapor Products CONNECTICUT – Implementation Date: October 1, 2019
Key Provisions:
Imposes a bi-furcated tax on sales of electronic cigarette products by e-cigarette wholesalersClosed
systems: 40 cents per milliliter (those products that are pre-filled,
manufacturer-sealed, and not intended to be refillable)Open
systems: 10% of the wholesale price, whether or not sold at wholesale,
or if not sold, at the same rate upon use by the wholesaler
Link: SEE SECTION 351 https://www.cga.ct.gov/2019/ACT/pa/pdf/2019PA-00117-R00HB-07424-PA.pdf
ILLINOIS – Implementation Date: July 1, 2019
Key Provisions:
Amends the definition of “tobacco products” to include electronic cigarettes and the componentsEstablishes a 15% tax based on the total receipts of the wholesale (the same rate as chewing tobacco)
Link: http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=003501430K10-5
NEVADA – Implementation Date: January 1, 2020
Key Provisions:
Establishes a 30% wholesale tax on all vapor and alternative nicotine productsDefines and regulates vapor products as other tobacco productsEstablishes penalties to retailers who distribute other tobacco products to individuals under the age of 18Requires third party verification for online sales of vapor productsAdds vapor products to the Clean Indoor Air Act
Link: https://www.leg.state.nv.us/Session/80th2019/Bills/SB/SB263_EN.pdf
NEW JERSEY – Implementation Date: The first day of the fifth month following enactment.
Key Provisions:
Establishes bi-furcated tax model between open and closed systemsRequires
that open systems only be sold at licensed vapor retailers. Vapor
retailer is defined as 50 percent or more of sales are generated by ENDS
devices, e-liquids or related accessories. Closed systems: 10 cent per milliliter at distributor level (pre-filled cartridge)Open systems: 10 percent at final point of sale
VTA will work the Department of Revenue on rulemaking if any.
Key Provisions:
Establishes bi-furcated tax on all nicotine and non-nicotine containing e-liquidClosed systems: 50 cent per milliliter (pods or carts that are 5 ml or less)Open systems: 12.5% wholesale tax
VTA working on guidance with the New Mexico Taxation and Revenue Department.
Key Provisions:
Establishes a 92% wholesale tax on vapor products and devicesDefines vapor products as “other tobacco product”
The Department of Revenue will establish a guidance document.
Key Provisions:
Establishes a wholesale tax on vapor products.Closed system rate: 27 cents per milliliter (pods or carts that are 5 ml or less)Open systems rate: 9 cents per milliliterTax is applied to all pre-existing inventories on or before October 31, 2019 with the tax due January 31, 2020
VTA working on implementation with Washington authorities.
Key Provisions:
Dealers who sell vapor product or alternative nicotine products are added to the definition of “wholesaler”Requires a permit from the Alcohol and Tobacco Commission (ATC) to sell vapor and alternative nicotine productsProhibits dealers from purchasing vapor products for resale except from a wholesale dealer who has a valid ATC permitExtends current regulations on tobacco products to vapor and alternative nicotine productsRestricts manufacturers of vapor products from selling vapor products in the state without authorization from the ATC
The law requires administrative regulations.
Key Provisions:
Establishes a new definition for vaping products separate from cigarettes and cigarsRequires licensure to sell vaping productsEstablishes regulations similar to traditional tobacco products
Link: https://nebraskalegislature.gov/FloorDocs/106/PDF/Slip/LB397.pdf
SOUTH CAROLINA – Implementation Date: July 1, 2019
Key Provisions:
Requires age verification for online sales of vapor productsProhibits youth from entering a retail establishment the primarily sells tobacco or vaping productsProhibits the use of tobacco and vaping products on school or pre-school propertyEstablishes packaging guidelines for e-liquids
Link:
https://www.scstatehouse.gov/sess123_2019-2020/bills/3420.htm
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 [email protected], or [email protected]
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 or join in this practice. 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.
Posted 12/04/18 Thanks for the Heads up on IG @hell_wolfie_fbv
Once again, CASAA is pleased to share the annual ECig Intelligence consumer survey with our members. As you may remember from previous years, CASAA works cooperatively with ECI to develop survey questions that aid us in our advocacy efforts and help take the pulse of the vaping community.
Please take 10 – 15 minutes to complete this year’s Ecig Intelligence Consumer Survey!
Your participation in this survey will help inform regulators, advocates, and commentators as we all work to build policies that benefit consumers.
Thank you!
Alex Clark
CEO, CASAA
Posted 10/19/18 THE DEADLINE IS MONDAY, OCTOBER 22! Surveys are only as good as those who participate and only as good as the information you provide. So, please e-liquid manufacturers take the time to do your part. Per ECig Intelligence, the specific information you provide will be kept confidential by them. Your responses will be aggregated with all the others so that the combined information will help us paint the best picture of the e-liquid industry for the decision makers in D.C. and in your states. SURVEY
Posted 8/23/18 Click Here—>Petition against S3319 Flavor Ban. Takes seconds to do your part for Vapor Flavors. S3319 seeks to ban all flavored Vapor excluding tobacco and menthol. Fight for your yummy vapor flavors now. Thanks goes to IG @quickshotcompcoils for the heads up.
Posted 8/18/18
Link to download sign—> “Quit with Flavor”. Thank you to @jenbergercoleman of IG for the Campaign start. NotBlowingSmoke.org has provided a link to download the “Quit on Flavor” sign to be used for this social media campaign. Contact @jenbergercoleman on IG with your posting. Please join us and do your part and raise awareness of vape flavors important role. The posts will be shared with the Senate, Congress, President and FDA.
