Vape tax opponents rally around repeal effort, election challenge

New Taxes Threaten Pennsylvania Vape Stores
Wallace McKelvey | By Wallace McKelvey | [email protected] The Patriot-News
Email the author | Follow on Twitter
on September 19, 2016 at 2:10 PM, updated September 19, 2016 at 3:09 PM

Opponents of Pennsylvania’s 40 percent tax on e-cigarettes are rallying around new legislation that would repeal what vape store owners describe as the death knell of the industry.

Lawmakers and Gov. Tom Wolf avoided another protracted budget impasse this year by relying on new revenues from an expansion of gambling, reforms to the liquor system and higher taxes on smokers and the businesses that cater to their nicotine habits. That includes a 40 percent tax on the wholesale price on vaping supplies as well as a 40 percent “floor tax” on the inventory currently sitting on vape shop shelves.


POV: New FDA Regulations on Vaping Products a Failure

POV: New FDA Regulations on Vaping Products a Failure

They do not protect public’s health, do impose a public safety hazard


On May 5, the US Food and Drug Administration (FDA) released its long-awaited regulations on electronic cigarettes and vaping products. These rules, which require every one of the more than 10,000 vaping products on the market to submit a pre–market approval application simply to stay on the market, were widely applauded by antismoking and health groups. What may not have been apparent at the time, but what I have discovered through a detailed analysis of the 499-page regulations, is that these regulations not only fail to protect the public’s health, but they impose a public safety hazard.


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.”


A Guide to E-Cigarette Etiquette (Or, How to Vape in Public Without Being a Jerk)

By Lindsay Fox Posted April 23, 2014

The issue of e-cigarette use in public places is a hot-button on both a political and a social level. While states mull indoor usage bans and incorporate e-cigs into existing smoke-free laws, vapers are left in a strange limbo when it comes to e-cigarette etiquette. Vaping doesn’t release the vast majority of harmful chemicals found in cigarette smoke, but to people who learn about e-cigarettes from scare-stories in the news, we can look like noxious, fog-breathing polluters. So what do we do? Should we vape freely when permitted by law and politely inform anybody who thinks it’s dangerous that they’re clearly hysterical, or skulk off into the smoking areas under the weight of unspoken social pressure? How do you vape in public without making e-cig users look like inconsiderate jerks?


Vaping versus smoking – the case for e-cigarettes

  • The study found significant health benefits associated with switchingfrom tobacco to e-cigarette use, which were characteristicallymore prominent in those who had completely quit smoking comparedto those who only reduced their smoking consumption. Participantsreported that any side effects associated with e-cigarette use weremild and temporary

A recent worldwide study in favour of vaping indicates it can help smokers kick the habit

Many countries, including the UAE, have banned electronic cigarettes or e-cigarettes but a worldwide survey of 19,441 users in 2014 found it had minimal adverse effects (about 1/100th to 1/20th) compared with smoking. Those who switched to vaping from smoking reported a reduction in harmful effects, with very mild and temporary side effects.


Legislature Avoids Treating Vaping Like Smoking, For Now

The state Senate yesterday unanimously approved HB1186, which was one of two bills emerging from the House aimed at putting some restrictions on sales of vaping products (the other, HB1078, failed).

There are a lot of things to dislike about HB1186. While it bans sales to minors, which isn’t all that controversial, it puts in place a requirement for childproof packaging for the products. That seems unnecessary. But the big victory in passing the legislation is that we’ve avoided lumping vaping products in with traditional tobacco products for the purposes of regulation.