Sen. Ron Johnson is Officially Our Hero

 

That’s right. We have another friend in Congress!

On May 18, 2016, Sen. Ron Johnson (R-Wis) wrote a letter to FDA Commissioner Robert Califf challenging the FDA’s entire stance on the e-cigarette regulations. Sen. Johnson is the chairman of the Senate Homeland Security and Government Affairs Committee, so he is well within his rights to challenge the FDA and demand answers.

Not only does he call the regulations premature given the lack of “sufficient data” proving negative health risks from e-cigarettes, but he asks if the FDA will reverse their ruling if science proves otherwise. He also demands that the FDA account for the thousands of businesses and jobs that will be lost due to these regulations.

More details can be found here. Please be sure to visit Sen. Johnson’s page to thank him for his support!

Lost Art Liquids Files 2nd Lawsuit Against FDA

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Today, Lost Art Liquids, LLC of Los Angeles, California filed the second lawsuit against the FDA. Filed in the Central District of California, the suit challenges the FDA’s authority to regulate the vaping industry and their ability to deem e-cigaretttes as “tobacco products.” Furthermore, the suit claims that the FDA has violated the 1st and 5th Amendments, the Regulatory Flexibility Act, and the Administrative Procedures Act.

Ryan Thomas, co-founder and COO of Lost Art Liquids, says: “The FDA has introduced one of the most burdensome, misguided and harmful regulations in its history without adequately sound science, or adhering to required, lawful procedures. These regulations will harm Lost Art Liquids’ business and customers by eliminating vapor products from the market, forcing consumers to resort to more harmful products like cigarettes and cigars.”

Amen, brother! They have shared the complete suit on their Facebook page here.

 

SEVIA Joins the Fight

Last week, Dimitris Agrafiotis made an official announcement introducing the Shenzhen Electronic Vaporizer Industry Association (SEVIA) USA. This organization, led by Dimitris as the chairman and Phil Busardo as the Executive Assistant, is the nation’s only association of Chinese vendors and brings together Aspire, Innokin, Kanger, and SMOK. Their support will undoubtedly add another layer of pressure on the FDA and American government as a whole, given our strong partnership with Chinese manufacturing and imports.

SEVIA USA will be partnering with the Right 2 Be Smoke Free Coalition. They encourage you to donate to their cause here!

Thank you Dimitris, Phil, and our Chinese friends for all you do to help save the vaping industry!!!

Once Again, The U.K. Has Our Back!

On April 28,  2016, the Royal College of Physicians (RCP) released a 200 paged report debunking vaping myths and showing overwhelming support for vaping as a tool to quit smoking. The RCP is the most respected and reputable medical institution in the UK, and their 1964 report linking smoking to lung disease and bronchitis actually prompted the U.S. Surgeon General to publish the historic report finally acknowledging the risks associated with smoking. Hopefully, the RCP still has the U.S. Surgeon General’s ear, since this new report states the following:

“None of these products has to date attracted significant use among adult never-smokers, or demonstrated evidence of significant gateway progression into smoking among young people.”

“Among smokers, e-cigarette use is likely to lead to quit attempts that would not otherwise have happened, and in a proportion of these to successful cessation. In this way, e-cigarettes can act as a gateway from smoking.”

Risks from vaping are “very small, and substantially smaller than that arising from tobacco smoking.”

 

For more information, visit the RCP’s website.

NJ S298 & HR2058

Hey guys!!! It has been a wicked busy Monday in the vaping world with a lot taking place today!

First, let’s address NJ S298 since that’s the latest topic at hand. Today at the New Jersey Statehouse in Trenton, the New Jersey State Legislature Senate Health and Human Services Committee met to vote on S. 298, a bill which would ban ALL flavors with the exception of tobacco, clove, and menthol flavors. Supporters claim that this bill would help reduce the FDA’s estimated “3 million middle and high school students” who are now using some form of e-cigs. The bill in its entirety can be found here.

Several industry insiders, including Gregory Conley of AVA/CASAA and New Jersey’s Gorilla Vapes, were there to protest and even picked up local media coverage. Sadly, consumers did not come out in droves despite extensive promotion on social media. Committee members were said to have commented on the lack of consumers present at the hearing, taking their absence as support for the ban.

The bill passed after a 6-2 vote; however, the fight is far from over. From here, the bill will advance to a House vote and will be subject to a few additional steps before landing in the Governor’s office.

CASAA has issued a Call to Action link here. Please spread this along social media and send to friends, family members, and coworkers regardless of your place of residence. It is imperative that we defeat this bill and send a message to all states that we have a voice and message!!!!

Speaking of CASAA, the organization has posted on its Facebook page that CASAA representatives will be joining Congressman Tom Cole for a second meeting on June 1st to discuss the FDA’s misuse of legislative power and HR 2058.

Lately, there’s been a lot of talk regarding HR 2058 and rightfully so. This bill is our saving grace, so to speak.

When HR 2058 was initially rejected in December 2015, Representative Cole stood before the committee and argued that his amendment is necessary. His office released a statement on May 5th to coincide with the FDA Deeming Regulations, stating the following:

“The FDA’s announcement today that it plans to regulate all tobacco products is just another example of the Obama Administration’s regulatory overreach and nanny-state mentality,” said Cole. “This regulation takes an overly-broad approach to regulating these products. While we can all agree that tobacco products should not be marketed to children, I still believe that my bipartisan amendment, recently approved by the Appropriations Committee in the Agriculture Appropriations bill, provides the same framework for new tobacco products without needlessly subjecting small businesses to unnecessary regulations and without treating law abiding adults like naïve children.”

Cole’s amendment would change the predicate date from 2007 to sometime in 2016. This means that only products created after this new date would be subject to the regulations and the rest would be grandfathered in. This would essentially preserve vaping as we know it while simultaneously saving countless businesses and jobs around the country. Cole was also careful when drafting the  amendment to include bipartisan language, so not to isolate any one side of the aisle and capturing both Republican and Democrat support.

The amendment will be presented to Congress as part of the Agricultural Appropriations bill. There is no indication yet of when voting will occur, so it is important that we all act now to spread the word and show our support. This bill will keep us in the game and give us more time to fight. If it does pass through Congress, it will then move to the President’s office.

CASAA has officially stated that their position is to support HR 2058 above all else. There are a few items within the Cole-Bishop amendment that CASAA would like to clarify before granting their whole-hearted support but have in the meantime issued a Call to Action for HR 2058 here.

I’ll keep you updated as things progress, but in the meantime, make sure you’re doing your part by calling, emailing, writing, and petitioning your lawmakers to support HR 2058 and save vaping!!!

Thank you for your support!

XOXO,

Lee

Texas Fights Back? I Think Not.

In a May 8, 2016 article published by US Chronicle and authored by user phoenix, Texas appears to be making moves. Texas Governor Greg Abbot is of the opinion that the United States government is out of control, and it is up to Congress to restore the checks and balances in our government by revising the Constitution to include a number of additions that would limit the power of the government and restore the balance of power in the U.S.

Note: I found this article slightly suspect at first, so I did do some outside research and found an official press release from Governor Abbot’s office here.

There is a total of nine proposed amendments, but there are specifically six that could feasibly relate to the vape industry:

1. Prohibit Congress from regulating activity that occurs wholly within one State.

2. Prohibit administrative agencies—and the unelected bureaucrats that staff them—from creating federal law. (FDA much??)

3. Prohibit administrative agencies—and the unelected bureaucrats that staff them—from preempting state law.

4. Allow a two-thirds majority of the States to override a U.S. Supreme Court decision.

5. Give state officials the power to sue in federal court when federal officials overstep their bounds.

6. Allow a two-thirds majority of the States to override a federal law or regulation.

The main idea here is to lessen the power of a power-hungry, irresponsible federal government and instead delegate greater legislative power to the states.

At first glance, it sounds like a great plan. Take power away from the FDA? Hell yeah! Empower the states to overrule even the Supreme Court? Awesome!

Only…it won’t help.

Maybe it’s just me, but I don’t trust ANY politician, regardless of whether they are on a state or federal level. Moreover, I don’t trust big tobacco, and really guys, who do you think is funding all these political campaigns? Even if we were to assume that some states were onboard with saving lives, the ability to sway 3/4 of states in our favor is going to be very difficult. You have to remember that many of these states have been trying to restrict vaping way before the regs came along, whether it is through heavy taxes, B2B restrictions, or even wholesale and e-commerce.

Then we have the great state of Virginia, my home state, born and bred. Unfortunately, I have the extreme displeasure of also sharing my home with Phillip Morris. In fact, every time I wanted to visit family or really go anywhere south, we get to drive by their huge plant. (We have many selfies proclaiming our affections with middle fingers out the window, but I digress.) With Phillip Morris in my state, I know Virginia’s state government isn’t going to step up for something as trivial as public health. Money and power trumps morality every time.

Now, I don’t want you to feel hopeless. I’m just saying be careful where you put your faith. I’ve seen this article floating around Facebook with a variety of colorful opinions, but the bottom line is that your energies are best focused on CASAA, SFATA, AVA, and Not Blowing Smoke. Don’t forget to visit this page  and follow all the links to show your support.

SFATA had a follow up webinar this week addressing a myriad of issues so I will follow up with my notes in the next few entries. There’s also a ton of material floating around Facebook that I’ve bookmarked, but Texas just happened to be the first one on my reading list. More to come soon.

Thanks for your support guys!

XOXO,

Lee

The Battle Begins

 

On May 5, 2016, the landscape of the vape industry was forever changed. All future plans, ideas, products  – everything came to a crashing halt when the Food and Drug Administration published new regulations severely diminishing the freedom and luxuries that for nine years we have so enjoyed.

Did we know it was coming? Absolutely.

Still that foresight did nothing to diminish the shock and fury that descended upon this vast and yet tight knit community of four million people and counting. The ability of this government agent to pass legislation without any regard for proven studies and research infuriated us all, and yet we are frustrated by our own inability so far to change the law.

That ends today.

I am Lena Bee, and I own Bumble Bee Vapor with my husband Chris. We’ve been in the vape game for quite awhile now, and in that time, we have watched the industry shift and change. We, like so many others, have lost sleep and agonized over the pending regulations, and while they are certainly not as favorable as we had hoped, instead of feeling defeated, we have instead chosen to stand up. We are invigorated by the challenge, up for the fight, and by god, we are going to follow our leaders into our battle. We hope you will join us.

Since the regulations passed, there has been a lot of speculation and gossip. Of course, when a 500 paged document is published in legalese, there are only a select few who can properly decipher it, and even then, it takes time. More details will continue to emerge over the coming days, weeks, and even months, and I will certainly be here to pass them along in what I hope will be a clear and concise manner for you.

There are a number of topics I want to explore on this blog, but first let’s start with a brief overview on where we currently stand. This is based on the SFATA call held on May 6, 2016 with SFATA Executive Director Cynthia Cabrera. Also on the call were SFATA’s lobbyist firms, Venable LLP and Alpine Group.

TIMELINE

• May 5, 2016 – Pre-Publication Notice – OMG it’s happening!
• May 10, 2016 – Regulations published in Federal Register – SMH no going back now…
• August 8, 2016 – Regulations officially become law – FML it has happened.

• October 20-21, 2016 – SFATA Annual Conference in Hollywood, Florida. For more information, see here: http://sfata.org/2016ConferenceandExpo. Regulations will be addressed, as well as the general landscape of the industry at that time and plans moving forward.

THE REGULATIONS

• All products made in 2007 or later fall subject to the regulations.
• All flavors with nicotine will be considered new tobacco products.
  • Any flavors that could be considered appealing to children will absolutely be rejected. Bubble gum has been cited over and over again as a specific flavor that will be banned by the FDA.
• Nicotine is the qualifier that turns e-liquid into a tobacco product.
  • Non-nictone e-liquid flavors do NOT fall subject to these regulations.
  • Companies cannot market 0mg e-liquid as being intended to have nicotine added to product.
  • Synthetic nicotine, including vegetable-based nicotines, are still considered a tobacco product because regardless of what they are made from, they will have the same effect on the human body.
• Regulations also specify requirements for packaging and labeling, although specific details have not emerged at this time.
  • Bottles must be tamper proof.
  • There will be a vending machine ban for all e-cigarette products.
• No free samples of e-liquid may given.
  • 0mg samples (no nicotine) are okay and are not subject to regulations at this time.
  • If stores want samples with nicotine, they must be pay for them.
  • No specification has been given on the actual cost that stores must pay for samples.
• PMCA application will need to be submitted, one for each flavor AND each nicotine level.
  • Cost for applications unknown at this time will likely go into the millions due to testing and support required to accompany application.
  • If application is denied, no refund will be given.
  • If application is not approved within 12 months, all products must be removed from shelves.
• It is the responsibility of all companies to show substantial relevance to any vape products available prior to 2007. In other words, the FDA has made a few companies founded before 2007 exempt from these laws; if we can prove that are products are alike, then we could fall exempt as well, but it was on our dollar and our watch, and it won’t be easy.
• CBD (cannabidiol, a main ingredient in cannabis/mariujuana) is a huge concern for the FDA, and they may contact companies to specifically ask if CBD is being used in their flavoring.

LEGISLATIVE SPECIFICS

• There are two separate routes that can be taken here:
  • Convince Congress to move the grandfather date
  • Regulate deeming regulations.
• It is reasonable to argue that the FDA does not have grounds to deem e-cigarettes tobacco products.
  • Main arguments is that Tobacco Act was not intended for electronic cigarettes, only actual tobacco, and therefore does not apply to the vape industry.
  • Act also does not give consideration to small businesses.
  • To litigate, it will come with a price tag in the millions.
  • Ultimately depends on judge.
  • Judge is unlikely to overturn regulations.
  • Even with a victory there there, FDA will appeal in higher court.
  • Litigation will continue like this for quite some time and no guarantee of a victory.
• Therefore, the most promising path is to change the law.
  • Congress are the only ones above the FDA, and Congress answers to the people. Holding them accountable through phone calls, emails, and letter, as well as solid and steady media pressure, could change the grandfather date and allow us more time to argue our position.
• Many politicians have been unable to take a position prior to the regulations; now that they have been released, it will be easier to push them to take a stand and hopefully sway their support to our side.
• One solution is to develop devices that would work across multiple brands. Would require everyone working together and potentially revealing proprietary information.
• Currently, the regulations do not affect web orders, although it has certainly been mentioned and could easily become part of future legislation.
  • Age verification is something that should become a priority for all e-commerce.
  • Keeping driver’s licenses on file for online customers and requiring an adult signature upon delivery is recommended; however, if the personal data of customers is stored by a company, that company must disclose this on this website and may require cyber insurance which can be very costly.

EDUCATE, EDUCATE, EDUCATE!

The FDA & tobacco companies are talking – why aren’t we? Congress MUST hear our side of the story!!!

These are the steps EVERYONE should take! Enlist your friends, family, coworkers, favorite barista, bartender, etc. The more voices, the better!

• Contact your local papers and news stations.
• Submit testimonials and articles to local and national publications.
• Engage with vapers AND non-vapers in person and social media.
• Rally as much support as possible, and ask EVERYONE to call in and write letters. Spread the word, and make Congress hear our voice!

Check out the other pages on this site for links to support and donate to SFATA, CASAA, and Not Blowing Smoke!

More information to come soon!

Goodnight,

Lee