Guest Post: What Will Vaping Look Like if Regulations Pass?

What Will Vaping Look Like if Regulations Pass?

All vapers who pay attention to the industry know that politicians and governmental agencies are working to ban vaping, or to strongly curtail it. Even just a quick search on Google for news mentions of “vaping” shows the huge amount of effort to tax, ban or regulate on all levels–state, to federal, and internationally.

Though most vapers know that the threat of regulations loom, they don’t really understand what the consequences of these regulations are. What exactly will all of these regulations to do vaping if they are successful in passing?

We did some research, and quickly realized that these regulations have the chance turning vaping into a barren wasteland–where cigalikes are king, and almost everything–even your basic Go devices–are completely banned…and those devices which do remain are taxed to an extremely high rate.

Here’s what could happen:

  1. Banning of Most Vaping Gear

If current proposed federal regulations are implemented as-is, essentially all vaping products would be banned immediately or over the course of a number of years.

How can this happen?

The potential pitfall comes from the Family Smoking Prevention and Tobacco Control Act of 2009, which is the law that brought e-cigarettes under the control of the FDA to begin with. This law allows that tobacco products on the market before February 2007 may remain without further hurdles. However, items that were marketed afterwards are required to go through FDA approval. The only devices released after February 2007 that would get an “easy pass” towards approval would be devices that are “substantially equivalent” to the devices released prior to that date. For those who would seek to have the device approved, they are walking into “basically uncharted territory”–it is expected that companies would be forced to pay hundreds of thousands of dollars on a per-product basis for a process that could take years in order to have their product approved.

Unfortunately, therefore, the question begins to become: “what were the eCigs that were around back in 2007?”

Some examples include the Janty Yentl, ePipes, and devices made by Ruyan such as the Ruyan v8. Of course, these are mostly cigalikes. Unfortunately, this is not where the misery stops. Most of them are of extremely low quality (take a quick look at the Janty Yentl), and look like they would fall part with being touched the wrong way.

Their battery capacity is extremely small–about 150mAh to 180mAh per battery. This means that you’ll be required to carry around 3 or 4 batteries in your pocket throughout the day. Let’s not forget about the fact that they only use cartridges rather than refillable tanks, and their extremely low atomizer life. These combined leave a device that has essentially no ability to customize or to control items such as air flow and flavor.

The link above referened an e-Cigarette-Forum thread about eCigarettes in 2007. Here are some interesting comments left-

“The batteries were so small that you had to carry many around throughout 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 – 0.4ml of liquid. Needless to say, you had to refill the cartrdiges quite 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 eJuice from China, which back then could make you sick (first-hand experience)’ in turn, all the hassle would cause you to go back to smoking again”.

What can you do to combat these impending FDA regulations?

You can submit a public comment to the FDA to express your feelings on this issue. You have until July 2 to do this! You can check it out here.

State and local taxes

The taxes proposed by the anti-vaping community are absurd. Here is an example:

–         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.

–         Washington state – proposed 60% tax on vapor products. This proposed tax caused one of the largest eJuice producers—Mount Baker Vapor—to begin moving from Washington to Arizona.

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 should vapers do to fight regulation?

It’s the duty of the entire vaping community to understand the regulatory prognosis and to take steps to oppose undue regulations.

We ask that all vapers stay up-to-date. You can do this by keeping current on various vaping advocacy resources. Some that we would recommend specifically include CASAA (The Consumer Advocates for Smoke-free Alternatives Association).

Guest Writer John Fargo is the Director of Advocacy at Hookah Pen King. He writes extensively on vaping regulation issues.

Vaping and the Law

There’s an increasing number of people who have come to rely on e-cigarettes as an alternative to smoking regular tobacco cigarettes (otherwise known as analogue cigarettes). They may have chosen them as an alternative because of difficulties finding a place to comfortably have an analogue cigarette, or because they are looking to save money, or because they wish to quit using analogues altogether, and reduce their reliance on nicotine. Unfortunately their ability to make this choice for themselves is being threatened by proposed changes to the law in many states.

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