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:
- 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.
Even though the FDA (Food and Drug Administration) has already published its proposals for regulation of the vaping industry going forward, nothing is yet on the statute books. These proposals are still out to consultation with the industry and while many expect them to be formally accepted during 2015, there is no definitive sign off day. As a consequence the FDA has created a dangerous information vacuum which has been exploited by state authorities across the US.
Why is the FDA dragging its heels?
There has been speculation, rumour and counter rumour regarding the FDA and its role in the future regulation of the vaping industry. Many people will be unaware that the FDA effectively tried to ban electronic cigarettes just a few years ago only to have this ruling overturned in the High Court leading to an embarrassing U-turn. Perhaps this was a taste of things to come with some experts questioning the administration’s “unbiased” approach to the industry?
If we take a step back and look at the situation from a distance, there are so many supporters and critics of the industry that it is difficult to consult with everybody. It is common knowledge that the tobacco industry is lobbying behind-the-scenes despite the fact many of the larger companies have already started to invest significant amounts of money into the industry. Indeed one of the major tobacco companies is championing a ban on e liquids while attempting to maintain the status quo on electronic cigarettes. Does this make any sense?
State authorities take the lead
As we alluded to above, the emergence of a dangerous information vacuum as a direct result of the FDA’s incredibly slow move towards the creation of a regulatory framework has been exploited by some state authorities. We have seen a number of bans as well as talk of specific electronic cigarette taxes which many see as the long-term replacement for tobacco taxes.
It is difficult to see how the state authorities can justify this ongoing pursuit of the vaping industry when the vast majority of medical trials to date have been very positive. True, we have seen some damaging headlines but very often on further investigation these criticisms crumble and disappear. Indeed, only a few days ago we had medical experts in the UK confirming that it was difficult to publish positive data on electronic cigarettes although the press have an insatiable appetite for negative research and controversial headlines.
There is a real danger that the vast majority of states across the US will already have introduced their own specific electronic cigarette taxes and regulations before the FDA finalises its own position. If this is the case, will the FDA force state authorities to repeal their laws or will they stand side-by-side with the FDA’s long-term structure?
While supporters of the vaping industry may be a little heartened by the fact the FDA has been so slow to confirm the long-term regulatory structure, this is perhaps not all positive. The creation of an information vacuum has allowed many states across the US to introduce their own electronic cigarette regulations with minimal resistance. There is a growing suspicion that the FDA is dragging its heels on purpose to create confusion and uncertainty around the electronic cigarette industry.
At the end of the day, would any independent electronic cigarette company feel comfortable investing hundreds of millions of dollars for the future without knowing the regulatory structure?
Written by: Lynn Stanley
NICVAPE LAUNCHES E-FLAVOR, THE FIRST E-LIQUID FLAVORING LINE DESIGNED TO MEET THE SPECIAL REQUIREMENTS OF THE ELECTRONIC CIGARETTE INDUSTRY
Spartanburg, S.C.—(July 23, 2014) NicVape today announced the launch of E-Flavor, a new line of flavorings it has developed specifically for the electronic cigarette industry. The brand’s initial batch features 24 flavors designed to improve users’ taste experiences. With an estimated 4 million Americans using battery-powered cigarettes, flavors are crucial to the rapidly expanding market. So are the quality and safety measures needed to produce e-liquids for the emerging, unregulated industry. NicVape is the first manufacturer to engineer its own e-liquid flavoring product line, raising the bar for other companies with its sustainable, safe production methods.
Headquartered in Spartanburg, S.C., NicVape has been setting the standard for product quality and control since 2010 when it opened its 28,000-square-foot manufacturing facility with a 5,000-square-foot clean room. The company performs both internal quality assurance checks and third party testing through Enthalpy Analytical Inc., on each ingredient. The Durham, N.C.-based laboratory specializes in analysis of air and tobacco products. Test data led NicVape to take the first steps toward designing its own flavorings in October 2013.
“Test results showed us that flavorings designed for use in food products either didn’t meet our quality standards, or contained some components we were concerned about,” says Linc Williams, executive vice-president for NicVape. “We were especially interested in looking at alternatives that could eliminate Diacetyl, a chemical that is used to give food a buttery flavor, and Acetyl Propionyl, commonly found in dairy and custard –flavored products.”
NicVape’s team of engineers worked closely with top flavorists and manufacturing flavoring experts to develop the recipe it uses for its E-Flavor line. “Our first offering is a mix of unique tobacco flavors as well as fruit flavors that are quite vibrant and realistic,” Williams says. “They are also more concentrated. We’re able to produce them at a 10 percent dilution rate instead of the industry’s standard 20 percent dilution rate.”
Certificates of Analysis for each lot will be available for review through NicTrace, (http://www.nicvape.com/Nictrace ) the company’s online documentation system. NicVape is committed to responsible, sustainable manufacturing adds Williams. “We’re teaming with other e-juice manufacturers and partners because we are always looking to elevate product quality both through better processing methods and innovative approaches to flavoring. But we also want to pursue these goals in a way that allows companies that are part of this supply chain to expand their profit margins,” he says. NicVape is making E-Flavor available to distributors and other e-juice manufacturers and expects to release additional flavors under its brand over the next few quarters.
NicVape is a leading manufacturer, retailer and wholesale supplier of e-liquids, diluted nicotine and vaping supplies for the electronic cigarette market. Entrepreneur Rich Henning founded the company in 2010 in pursuit of the right smoking alternative. His commitment to the ongoing development and maintenance of policies and procedures that support stringent standards for quality control, production and customer service has helped build NicVape into a “USA Top-10” manufacturing and supply company for the global marketplace. In addition to partnering with companies that have similar goals, NicVape also teams with organizations like the American E-Liquid Manufacturing Standards Association to promote the principles of quality, health and safety.
Contact Customer Service at firstname.lastname@example.org
- Turkish Tobacco
- Carolina Tobacco
- Fine Cuban
- Sweet Tobacco
- Dark Raz
- Subtle Cinnamon
- Gourmet Cinnamon
- Real Watermelon
- Crème De Menthe
- Green Apple
- French Vanilla
- Red Apple
- Ripe Strawberry
- Root Beer
If you are not familiar with NicVape take a look at the following video: