Post-Regulation Vaping – Will You Let This Happen?
All vapers know that vaping is under attack. We all know about potential pending FDA regulations, and we may have even heard about some regulatory effortsat the state level. However, most vapers that we speak with simply do not fully understand the potential full impact of proposed vaping regulations fromthe national and state levels.
It’s easiest to understand the potential impact of regulations by thinking about what the vape world would look like if they all passed. Unfortunately, it
is a desolate place where cigalikes run rampant and highly taxed. Should all pending regulations pass, here’s what would happen:
1. Only cigalikes allowed
99% of all vaping products on the market today would be immediately banned, or would be phased out in a number of years.
The Family Smoking Prevention and Tobacco Control Act of 2009 states that
tobacco items on the market prior to February 2007 can continue to be marketed, however,
items that were on the market after have to be approved by the FDA
. If they are “substantially equivalent” to products that existed prior to February 2007, they have a shorter approval process. However, if they are not
(essentially, any of the new equipment we use today like sub-ohm tanks), which is “ basically uncharted territory” (no one knows how this would turn out). It is expected that
companies would have to pay hundreds of thousands of dollars per product, and potentially to wait years for the new product to be
The question to ask, then, is “what were eCigs like back in 2007?”
– Extremely small battery capacity (150 – 180mAh).
– Cartridges, rather than fillable tanks.
– Extremely short atomizer life.
– Little to no control over the taste and temperature of vapor.
– Eliquids with extremely low quality standards that often had to be imported from China.
Notable comments from the thread in the link above:
“The cigalike batteries were [extremely small], so you had to carry a bunch of them to get through the day.”
“Cartridges were tubes you fitted onto the ends of atomizers. They were stuffed with aquarium fish-filter foam, into which you dripped maybe 0.3-0.4hml of
e-Liquid. Needless to say, you had to reload the cartridges quitre frequently, so you carried at least one bottle of e-liquid with you”.
“2 batteries, a dripping atomizer, 5 pre-filled cartridges, all for about $150”
“You had to order your e-Juice from China, which back then could make you sick (first hand experience); in turn, all of the hassle would cause you to go
back to smoking again”.
What can you do?
The Public Comments period for submitting feedback regarding vaping regualtions to the
FDA has been extended to July 2, 2015
. Note that they are specifically looking for information such as:
– What proportion of e-cigarette users are former tobacco users? What proportion continue to use cigarettes, and which never used tobacco before?
– What kind of gear do you use?
– Why do people even try ecigs to begin with?
The more they are able to gain the truth from vapers about how vaping has positively impacted their lives, the more likely they will be to craft
regulations that are fair.
2. Extremely high taxes.
Currently Proposed Taxes:
– 70% Tax on Vapor Products, tax rate will rise as city raises the
cigarette tax, currently under consideration in Washington, DC
– 20 cents per ML tax on eliquid passed the Kansas Legislature.
– 5 cents per ml new tax likely to be imposed in Louisiana, which as CASAA points
out, makes it easier to lead to future raises.
It is quite possible that the taxes on vaping gear could essentially double their cost. For example, the 95% wholesale tax on ejuice in Minnesota in
of nearly doubles the price of eJuice. If taxes are lumped into the taxes on standard cigarettes, this doubling in price is almost guaranteed.
What Can Vapers Do To Obtain Favorable Results in the Regulation Rush?
Any number of government bodies possesses the power to strongly curtail or eliminate vaping as we know it. Even if the expected federal regulations are not
enacted, states and municipalities can continue to enact legislation that restricts the sale of vape gear, or taxes them to the point of impracticality.
We strongly recommend that all vapers stay alert to upcoming potential changes in the vape law. A great way to do that is to look at variousVaping Advocacy Resources. We specifically highly recommend looking at CASAA (The Consumer Advocates for Smoke-Free Alternatives Association)
John Fargo is the Director of Advocacy at Hookah Pen King. He writes extensively on vaping regulation issues.