Vaping Ban Upheld By Federal Court

Vaping Ban Upheld By Federal Court By Bryan Le 07/24/17

Federal appeals court judges issued a controversial ruling that some are calling a dangerous interpretation of the law.

Airline pilot vaping an e-cigarette before a flight.

No ripping clouds in the sky.

A federal court has stamped out a challenge to the Department of Transportation’s ban on e-cigarettes on commercial flights. E-cigarettes were added to the list of banned tobacco products last year in order to protect passengers from a vaper’s secondhand mists on all commercial U.S. flights as well as international flights to and from the U.S.


E-Cigarette Industry Urges Senators To Save Vaping Businesses From FDA Prohibition

The country’s largest e-cigarette trade group is calling on the Senate Committee on Appropriations to amend an upcoming spending bill with language to save the industry from regulations that could destroy 99 percent of vaping businesses.

The Smoke Free Alternatives Trade Association (SFATA) said Monday it supports using language from Republican Rep. Tom Cole‘s H.R. 2058 bill that will change the Tobacco Control Act’s Feb. 15, 2007 grandfather date for e-cigarette products to the date of the Food and Drug Administration’s (FDA) final rule issuance.

If the FDA’s grandfather date remains unchanged, e-cigarette companies will have to undergo the costly Pre-Market Tobacco Applications (PMTA) process for every vaping product released after Feb. 15, 2007. The FDA’s proposed rules are currently under review by the White House Office of Management and Budget.

Reforming the FDA’s rule is of vital importance to the e-cigarette market because the cost of the PMTA process for each individual product can run between $2-10 million. Vaping businesses — which typically sell dozens if not hundreds of these products — will not be able meet this financial burden, putting thousands of jobs at risk and limiting options for vapers.

“Despite tremendous outreach in support of H.R. 2058, its’ passage is not guaranteed and because the FDA has said it lacks the legal authority to change the grandfather date, we are focusing our efforts on the Senate Appropriations Committee, urging members to consider the same language in the House’s Agriculture spending bill which funds the FDA,” says Cynthia Cabrera, president and executive director of SFATA.

“We’re asking Senate members to ‘recede’ to the House provision in final conference before any spending bills are sent to the president’s desk. The good news is that the approved House spending bill doesn’t cut the FDA’s budget, it just precludes them from using any of the funds to implement February 15, 2007 as the deeming date.” The spending bill needs to be passed by Dec. 11 to prevent a government shutdown.

The pro-vaping lobby has already gained a powerful ally in the form of Grover Norquist – president of Americans for Tax Reform. On Nov. 24, Norquist wrote a letter to members of Congress asking them to change the FDA’s grandfather date, warning that “unlike smokers, adult vapor product consumers are becoming single-issue voters who correctly attribute their switch from combustible tobacco products to smoke free alternatives like e-cigarettes to saving their lives. To crush this new and emerging industry would reverse decades of efforts to get people to quit smoking.”


Vaping as a ‘Gateway’ to Smoking Is Still More Hype Than Hazard

By , University at Buffalo, The State University of New York | September 25, 2015


As e-cigarettes become more popular, there has been a push to understand whether they are a “gateway” to regular, combustible cigarettes.

Two recent studies on e-cigarettes as gateways to smoking in teens and young adults have made headlines. And opponents of e-cigarettes have welcomed any crude signal of gateway effects.

As a public health professor with related research and interests in tobacco policy as well as in the complex factors that influence use of tobacco/nicotine products, I want to offer some thoughts on this research. Looking for a gateway effect between e-cigarettes and smoking is understandable. But is it the best question to ask about e-cigarette use? (more…)

How Big Vaping is misinforming the public about e-cigarettes

NEW YORK, NY – FEBRUARY 12: A model backstage at Ohne Titel during MADE Fashion Week fall 2015 at Milk Studios on February 12, 2015, in New York City. (Photo by Mireya Acierto/Getty Images) Mireya Acierto/Getty Images

California is the newest case study in the e-cigarette information wars. On Sunday, California’s public health department went live with an awareness campaign about e-cigarettes on a new website, Still Blowing Smoke. By the time of their official launch on Monday, vaping advocates were already on the offensive with a nearly identical site: Not Blowing Smoke.