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NY – Stand Up to Vaping / Flavor Bans!

Friday, April 3, 2020 4:20:01 PM America/New_York

(Update – 04.03.20)

Overnight, the New York Assembly reluctantly passed S. 7506-B, a budget bill, which bans the sale of vapor products in flavors other than tobacco. Like much of New York’s budget, this bill was debated and passed under cover of darkness. There were no opportunities for the public to weigh in on the bill unless you diligently followed the constantly changing bill numbers and language. Following legislation with that level of detail often requires one to be able to afford a lobbyist and even then, it is still likely that people get lost in the mix.

While we acknowledge and appreciate Governor Cuomo’s response to the coronavirus pandemic, this budget represents a profound failure of leadership, a sweeping lack of compassion, and an assault on democracy in the state of New York.

Here’s what’s changing this year for people who vape in New York:

  • Effective 45 days after being signed into law
    • Sales of vapor products in flavors other than tobacco are prohibited.
    • The prohibition does not apply to any flavored product that has received a premarket approval order (PMTA) from the Food and Drug Administration (this provision does NOT defer to the federal standard allowing manufacturers to market products for one year following FDA’s acceptance of their PMTA application).
  • Effective July 1, 2020
    • Pharmacies are no longer allowed to sell any tobacco or nicotine product that isn’t an approved smoking cessation therapy.
    • Online sales are banned (vaping is folded into the same provision that bans shipment of cigarettes to consumers). The penalty for selling or shipping a vapor product to a consumer in NY is a Class A misdemeanor and carries a fine of $5000 or $100 per vapor product.
    • A person other than a common or contract carrier can still transport vapor. products, but there is now a limit of 500 milliliters or 3 grams of nicotine.
    • Coupons or “price reduction instruments” for tobacco products are banned.
    • Vapor manufacturers must post a detailed ingredient list including a disclosure of “the nature and extent of investigations and research performed by or for the manufacturer concerning the effects on human health of such product or its ingredients.” Manufacturers are also required to list “each byproduct that may be introduced into vapor produced during the normal use of such e-cigarette.” NOTE: This requirement does not apply to any other tobacco product.
    • Tobacco, nicotine, and vapor products and marketing materials visible in storefronts and ads on exterior windows are banned within 1500ft of a school (500ft for New York City).

It is tempting to say that these budget bills are being passed under dire circumstances and are necessary to keep the state functioning in the midst of a crisis, but all of this was introduced by Governor Cuomo well in advance of the coronavirus outbreak in New York. Even under normal circumstances, voters and lawmakers are hard pressed to amend or remove even the most egregious sections of the governor’s budget proposal. There are deep cuts and rollbacks to other programs and reforms that will arguably threaten the health and financial security of millions of New Yorkers and, again, all of this was on the table before anyone was recommending austerity measures to slow the spread of COVID-19.

For thousands of New Yorkers, the next few months are now critical to stockpiling what vapor products they can afford. Following the July 1 deadline for removing flavored vapor products from the market, vapers and people interested in switching away from smoking will have to track down low-risk vapor products on an underground market. This outcome is historically a negative one as it exposes consumers (of any age) to an elevated risk of exposure to tainted products and fraud. But most importantly, Governor Cuomo’s budget promises to send thousands of New Yorkers of all ages back to smoking. In the midst of a global pandemic involving a respiratory illness that kills people who have underlying conditions such as COPD, asthma, heart disease, cardiovascular disease, and other illnesses attributed to smoking, the actions of the legislature and Governor Cuomo are shameful.

CASAA urges our New York members to seek out other smoke-free alternatives rather than returning to smoking. Please see our materials describing other low-risk, smoke-free alternatives that will, for the time being, remain available to New York consumers. Products such as Swedish snus, nicotine pouches, and other smokeless tobacco products are well researched and provide similar benefits for people who switch completely away from smoking.


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Idaho congressman fights against...

Thursday, March 19, 2020 9:55:42 AM America/New_York

Idaho congressman/vape shop owner fights against state anti-vaping bill

Last week, the Idaho House of Representatives narrowly passed a bill that places new restrictions on retailers of vapor products statewide. HP 535, sponsored by Rep. Fred Wood (R-District 27), sought to require vape shops to be legally permitted through the state and inspected by the Department of Health and Welfare. 

The bill is apparently designed to ensure that e-cigs and vapor products cannot be sold to minors.  Vaping advocates and vape shop owner opposed the bill because state and federal law already prohibits underage sales.  Those in support won with a slim margin of 38-32.  56 out of 70 seats of the Idaho House of Representatives are held by republicans. 

One of the most vocal critics of the legislation was Rep. Vito Barbieri (R-District 2) who argued that vaping products are a healthier alternative to smoking.  He also stated that the harm from nicotine comes from the burning of tobacco leaves and e-liquids used in vaping are 100 percent tobacco-free.  It is through this burning process that the creation of tar-filled smoke wreaks havoc on the respiratory and cardiovascular systems. 

Related Article:  Research shows propylene glycol vapor kills airborne influenza virus

Barbieri – who is also a vape shop owner – declared a conflict of interest and did not vote on the proposal.  However, he argued strenuously against HR 535 on the house floor.  According to the Idaho Press, Barbieri make the following arguments.

“I get a little emotional here, because it’s difficult to feign this passion when one’s own ox is being prepared for goring…. With respect to parity with cigarettes: Why? … Vaping is an excellent tobacco reduction device. Vaping is hands-down the best alternative to smoking and has been proven extremely effective as a tobacco harm reduction tool.”

Rep. Barbieri also reminded his fellow lawmakers that teen smoking rates are at all-time lows, both nationally and statewide.  And while many teens are indeed vaping, the alternative – combustible tobacco products – is proven to be deadly.

At least 50 percent of smokers die from smoking-related illnesses, according to the U.S. Centers for Disease Control and Prevention.  Barbieri also said that the nicotine solutions used in most vapor products actually comes from the tomato rather than the tobacco plant.

“I have a vape store.  From the very beginning, I have had adults coming into the store saying I want to quit, explain this to me, show me how this works. They come back and say things like, ‘Now at work the people I used to smoke with stink, their clothes and everything. … I come home and my wife is cooking in the kitchen and for the first time I’m able to smell what she’s cooking.’ The benefits are obvious to those who have quit smoking. They’re not going back.”

At one point, Barbieri seemed particularly fired up, appearing to lambast the mainstream media for its “the deliberate confusion about this smoking device.”  He said that while vaping looks a lot like smoking, it’s relatively harmless in comparison.  To be clear, UK Royal College of Physicians said back in 2016 that vaping is 95 percent less harmful than smoking.

Unfortunately, Barbieri’s arguments ultimately fell on more than a few deaf ears.  Another Republican congressperson, Rep. Laurie Lickley of Jerome, said that she was forced to “err on the side of our kiddos.” Meanwhile, Rep. Tammy Nichols (R-District 11) sides with Barbieri, claiming that imposing new regulations on the vaping industry would open the door to over-taxation in the future.  She also said that similar legislation passed in Minnesota resulted in an increase in teen vaping rather than a decline.



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Last Chance in Florida!

Tuesday, March 17, 2020 11:13:25 AM America/New_York

Last Chance in Florida: Tell Gov. DeSantis to Veto the Flavor Ban!

March 16, 2020 by Jim McDonald

The Florida legislature passed a flavor ban late last week, and now vapers and vape businesses are pulling out all the stops to convince Gov. Ron DeSantis to veto the bill. There are calls to action from CASAA (below) and the Florida Smoke Free Association, urging vapers and their families and friends to email and call DeSantis, and engage him on social media.

If DeSantis signs SB 810 into law, it will ban sales of all vaping products, including bottled e-liquid, in flavors other than tobacco and menthol. There is a clause that allows sales of products that receive PMTA approval from the FDA—but there are currently no FDA-approved vaping products. The bill also imposes restrictions on online sales, bans vaping within 1,000 feet of a school, and changes the legal age to buy tobacco and vaping products in Florida to 21.

CASAA’s call to action (linked below) makes it easy for Florida residents to email the governor today. The Florida Smoke Free Association call to action also urges residents to call the governor (850-488-7146), and connect with him on social media. FSFA has good talking points to use when urging DeSantis to veto the flavor ban.

Florida has more than 900,000 vapers, according to Paul Blair of Americans for Tax Reform. A concerted campaign to convince Gov. DeSantis to veto the flavor ban could work. The question is whether vapers can be mobilized quickly enough to do it—especially in the atmosphere of fear and confusion caused by the coronavirus epidemic.

In addition to denying ex-smokers the products that work to keep them from smoking, the law will destroy hundreds of vape shops and other Florida vaping businesses. According to the Vapor Technology Association, the vaping industry employs more than 5,000 Florida residents, and another 5,000-plus jobs depend on the industry. The vaping trade group says that shutting down the state’s vape businesses would have nearly $1.5 billion in economic impact to the state.

Shutting down small businesses would leave empty storefronts throughout the state, and kill thousands of jobs, just as the national economy heads into a recession caused by the impacts of the virus. DeSantis is a conservative Republican, and a major supporter of President Trump. He must carefully consider what this reckless bill will do to his state—and he needs to be reminded in thousands of messages from Florida voters.

Last month, DeSantis indicated he might not support a bill that restricts flavors beyond what the FDA itself has done. The federal agency recently announced it would change its enforcement priorities to ban sales of prefilled cartridge- and pod-based vaping products in flavors other than tobacco and menthol. The bill DeSantis is considering now certainly goes far beyond the FDA’s action.

“The federal government’s doing stuff but I don’t think we need to do anything beyond what’s been done there,” DeSantis said. “Sometimes I think we maybe get a little ahead of where the science may be on this. So we’ll see. But I don’t have any plans to ask for any new restrictions on vaping.”

The governor hasn’t indicated whether he has changed his mind. SB 810 passed the Florida House by a vote of 99-17, and the Senate 27-9. SB 810 was originally introduced by Republicans in both houses, and received support from members of both parties. It is supported by the usual array of anti-vaping groups like the Campaign for Tobacco-Free Kids and American Cancer Society.

Nothing but a loud grassroots response is likely to convince the governor that he should oppose a popular bill that passed with bipartisan support. If vapers can’t mobilize to convince a conservative Republican to stop a bill that will shut down hundreds of small businesses, what political strength do they really have?



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FDA News Release - FDA Warns Retailers

Wednesday, March 11, 2020 9:50:59 AM America/New_York

FDA Warns Retailers, Manufacturers to Remove Unauthorized E-Cigarette Products from Market

Agency Continues to Conduct Inspections to Ensure Compliance with Focus on Targeted Unauthorized Flavored E-Cigarette Products Appealing to Youth

For Immediate Release: March 10, 2020

Today, the U.S. Food and Drug Administration issued 22 warning letters to online and brick-and-mortar e-cigarette product retailers and manufacturers across the country who sell flavored, cartridge-based electronic nicotine delivery system (ENDS) products advising them that selling these products, which lack marketing authorization, is illegal. The warning letters were sent to some establishments with well-known names such as 7-Eleven and Shell and are the first of what will be a series of ongoing actions consistent with the FDA’s recently issued policy of enforcement priorities for e-cigarettes and other deemed products on the market.

As announced earlier this year, the FDA is prioritizing enforcement against the following unauthorized ENDS products: 1) flavored, cartridge-based ENDS products (other than tobacco or menthol flavored); 2) all other ENDS products for which the manufacturer has failed to take adequate measures to prevent underage access; and 3) any ENDS product that is targeted to youth or likely to promote use by youth. Under this policy, companies that do not cease manufacture, distribution and sale of these unauthorized tobacco products risk FDA regulatory actions ranging from warning letters to injunction, seizure and/or civil money penalty actions.

“A top priority for the FDA remains protecting youth from the dangers of tobacco use, and in particular, combating the concerning youth e-cigarette use epidemic that is affecting children, families, schools and communities. We are committed to holding retailers and manufacturers accountable for marketing and sales practices that have led to increased youth accessibility and appeal of e-cigarettes. We will be using our regulatory authority to address youth e-cigarette use by focusing on the products that are most popular among kids,” said FDA Commissioner Stephen M. Hahn, M.D. “We will not hesitate to aggressively pursue bad actors and expect to take more actions soon. Our policy is designed to be flexible, so we can focus our priorities as warranted to tackle youth use.”

The following manufacturers received a warning letter.

  • ProSmoke (prosmokestore.com), IL
  • Apollo Future Technology Inc., CA
  • Global Tobacco LLC, TX 
  • Premium Manufacturing Facility, VA
  • WhiteLightning USA, FL 
  • United Tobacco Vapor Group, GA

The following retailers received a warning letter:

  • 7-Eleven (#35433J), DC
  • 7-Eleven, (#27905E), DC
  • 7-Eleven, Baltimore, MD
  • 7-Eleven (#34577), Hialeah, FL
  • Chevron / Food Mart, Houston, TX
  • Citgo/The Filling Station, Waupaca, WI
  • Citgo/Quik Mart, Stone Mountain, GA
  • Conoco, Aurora, CO
  • Covington Food Mart/Shell, Lithonia, GA
  • Marathon, Arlington, TN
  • Mobil, Mundelein, IL
  • Pilot Travel Center 149, Stanton, TN
  • Shell, Houston, TX
  • Shell, Stone Mountain, GA
  • Sunoco/Food Mart, Fort Myers, FL
  • Tiger Mart, Columbia, MO

The warning letters notify the retailers and manufacturers that selling or distributing ENDS products without a marketing authorization order to customers in the U.S. is prohibited under the Food, Drug and Cosmetic (FD&C) Act. Retailers and distributors are encouraged to communicate with their suppliers to discuss possible options for the unauthorized products in their inventory.

Additionally, as part of the agency’s efforts, the FDA recently issued import alerts (here and here) for certain unauthorized ENDS products offered for import into the U.S. based on the agency’s enforcement priorities. These import alerts describe products that, if imported, would violate the FD&C Act. These import alerts were issued in advance of any specific products being detained.

The agency also recently issued separate letters to nine manufacturers and importers seeking information about their ENDS products, including requesting evidence that the product is legally marketed and was not introduced or modified after Aug. 8, 2016, the effective date of the final rule that extended the FDA’s tobacco product authorities to all tobacco products. As of March 10, 2020, the FDA has sent letters to more than 100 companies seeking information about more than 140 ENDS products. A number of companies have now removed products from the market.

Ultimately, manufacturers that intend to market any of these products—including flavored e-cigarettes or e-liquids—must submit an application to the FDA that demonstrates that the product meets the applicable standard in the law, such as whether the product is appropriate for the protection of the public health. If a company can demonstrate to the FDA that a specific product meets the applicable standard set forth by Congress, including considering how the marketing of the product may affect youth initiation and use, then the agency may authorize that product for sale. Although the FDA is prioritizing enforcement against certain ENDS products sooner, manufacturers of deemed new products that lack premarket authorization must submit premarket applications by May 12, 2020.

All of these efforts, in addition to the recent law raising the federal minimum age for sale of tobacco products from 18 to 21 years and the recent expansion of the FDA’s public education campaign to include videos featuring teenagers sharing cautionary tales about their e-cigarette addiction, are aimed at keeping these products out of the hands of youth. In the coming days, the agency also plans to release new resources with ScholasticExternal Link Disclaimer for middle and high-school educators and school administrators.

The FDA continues to monitor youth use of all e-cigarette products and will continue to expand its public education efforts and use the agency’s regulatory authority—changing course as necessary—to further ensure all tobacco products, and e-cigarette products in particular, are not marketed to, sold to or used by youth.

The FDA, an agency within the U.S. Department of Health and Human Services, protects the public health by assuring the safety, effectiveness, and security of human and veterinary drugs, vaccines and other biological products for human use, and medical devices. The agency also is responsible for the safety and security of our nation’s food supply, cosmetics, dietary supplements, products that give off electronic radiation, and for regulating tobacco products.

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Vapor Technology Association Welcomes Passage Of New Mexico Bill To Further

Wednesday, March 4, 2020 5:05:48 PM America/New_York


Washington, D.C.March 4, 2020 - The Vapor Technology Association (VTA) applauds New Mexico Governor Michelle Lujan Grisham (D) and Senator Gabriel Ramos (D) for their leadership in tackling youth usage of e-cigarettes by pushing for meaningful reforms. Today, Governor Lujan Grisham signed into law the Tobacco Products Act, legislation that is designed to restrict youth access to e-cigarette products.
“Governor Lujan Grisham has shown true leadership and vision in the effort to further restrict youth vaping.  New Mexico’s legislature has passed responsible legislation that takes concrete steps to eliminate the appeal of vapor products to youth and prevent people under 21 from accessing them.  Moreover, the bill creates a clear framework that will help ensure the vapor products industry can continue to serve adults who are desperately trying to quit smoking,” said Tony Abboud, Executive Director of the Vapor Technology Association. “We will continue to work with regulators and lawmakers across the country to achieve the twin goals of restricting youth vaping, which is already illegal, and preserving flavored alternatives for the millions of American adults who rely on them as a healthier alternative to traditional cigarettes.  The bill signed by Governor Lujan Grisham today is an excellent example of smart and balanced public policy.”
Senator Gabriel Ramos (D) said “As a parent, and a Senator, it is my duty to protect the health of our children, and the public health of all New Mexicans. With the passage of Senate Bill 131, New Mexico is now the leader in the country with the first comprehensive e-cigarette and nicotine liquid regulatory act. Strict marketing guidelines are now established to prohibit youth targeted marketing, and combat youth e-cigarette usage.” 
The FDA has determined that 86% of youth usage is through social sources. The New Mexico legislation specifically targets the access points by preventing packaging attractive to minors and strict penalties for individuals selling products to minors, with or without a license.
Specifically, the new legislation:

  • Creates marketing and packaging standards that would not allow for products that are “knowingly attractive to minors.” This term is specifically defined in the bill to prevent packaging that uses cartoons, trademarked items specifically for kids, candy or images used in kids’ products.
  • Creates a licensing structure for e-cigarette manufacturers, distributors and retailers.
  • Requires ID check and verification.
  • Requires appropriate signage in retail locations stating, “It is illegal for a person under 21 years of age to purchase a tobacco product.”
  • Prohibits “straw man” sales and imposes misdemeanor penalties on those adults who legally purchase products only to resell them to minors illegally. 
  • Imposes strict penalties for retailers caught selling to minors.

VTA has led national efforts to address underage use of e-cigarettes. Our comprehensive plan, announced last year, ensures controlled distribution of all tobacco products, including e-cigarettes, and to impose real limits on access and appeal of all tobacco products to youth.
About the Vapor Technology Association: The Vapor Technology Association is the U.S. non-profit industry trade association whose 1000+ members are dedicated to innovating and selling high quality vapor products that provide adult consumers with a better alternative to traditional combustible cigarettes. VTA represents the industry-leading manufacturers of vapor devices, e-liquids, flavorings, and components, as well as the largest wholesalers, distributors, importers, and e-commerce retailers, in addition to hundreds of hard-working American brick-and-mortar retail store owners throughout the United States.

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FDA Finalizes Enforcement Policy on Unauthorized Flavored Cartridge-Based E-Cigarettes That Appeal to Children, Including Fruit and Mint

January 2, 2020

Companies that do not cease manufacture, distribution and sale of unauthorized flavored cartridge-based e-cigarettes (other than tobacco or menthol) within 30 days risk FDA enforcement actions

Amid the epidemic levels of youth use of e-cigarettes and the popularity of certain products among children, the U.S. Food and Drug Administration (FDA) today issued a policy prioritizing enforcement against certain unauthorized flavored e-cigarette products that appeal to kids, including fruit and mint flavors. Under this policy, companies that do not cease manufacture, distribution and sale of unauthorized flavored cartridge-based e-cigarettes (other than tobacco or menthol) within 30 days risk FDA enforcement actions.

“The United States has never seen an epidemic of substance use arise as quickly as our current epidemic of youth use of e-cigarettes. HHS is taking a comprehensive, aggressive approach to enforcing the law passed by Congress, under which no e-cigarettes are currently on the market legally,” said HHS Secretary Alex Azar. “By prioritizing enforcement against the products that are most widely used by children, our action today seeks to strike the right public health balance by maintaining e-cigarettes as a potential off-ramp for adults using combustible tobacco while ensuring these products don’t provide an on-ramp to nicotine addiction for our youth. We will not stand idly by as this crisis among America’s youth grows and evolves, and we will continue monitoring the situation and take further actions as necessary.”

“As we work to combat the troubling epidemic of youth e-cigarette use, the enforcement policy we’re issuing today confirms our commitment to dramatically limit children’s access to certain flavored e-cigarette products we know are so appealing to them -- so-called cartridge-based products that are both easy to use and easily concealable. We will continue to use our full regulatory authority thoughtfully and thoroughly to tackle this alarming crisis that’s affecting children, families, schools and communities,” said FDA Commissioner Stephen M. Hahn, M.D. “Coupled with the recently signed legislation increasing the minimum age of sale of tobacco to 21, we believe this policy balances the urgency with which we must address the public health threat of youth use of e-cigarette products with the potential role that e-cigarettes may play in helping adult smokers transition completely away from combustible tobacco to a potentially less risky form of nicotine delivery. While we expect that responsible members of industry will comply with premarket requirements, we’re ready to take action against any unauthorized e-cigarette products as outlined in our priorities. We’ll also closely monitor the use rates of all e-cigarette products and take additional steps to address youth use as necessary.”

The final guidance outlining the agency’s enforcement priorities for electronic nicotine delivery systems (ENDS), such as e-cigarettes and e-liquids, comes as the 2019 National Youth Tobacco Survey (NYTS) results exit disclaimer icon on e-cigarette use show that more than 5 million U.S. middle and high school students are current e-cigarette users (having used within the last 30 days) – with a majority reporting cartridge-based products as their usual brand.

The NYTS survey, which is conducted annually by the FDA in conjunction with the Centers for Disease Control and Prevention, also shows that of current youth e-cigarette users in 2019, approximately 1.6 million were using the product frequently (use on 20 days or more in a 30-day period), with nearly one million using e-cigarettes daily. Additional data from another federal survey exit disclaimer icon further underscore that youth are particularly attracted to e-cigarette flavors such as fruit and mint, much more so than tobacco or menthol flavored e-cigarettes. These overall levels of youth e-cigarette use are particularly concerning because using e-cigarettes puts them at risk for nicotine addiction and other health consequences. In particular, evidence shows that youth exposure to nicotine can adversely affect the developing adolescent brain and that, compared with non-users, youth who use e-cigarettes are more likely to try conventional cigarettes in the future.

On Aug. 8, 2016, all e-cigarettes and other ENDS products became subject to the FDA’s tobacco authorities, including the premarket authorization requirements in the Federal Food, Drug, and Cosmetic Act (FD&C Act). All e-cigarettes and other ENDS products on the market at that time needed to have authorization from the FDA to be legally marketed. However, as an exercise of its enforcement discretion, the agency had deferred enforcement of the premarket authorization requirements. To date, no ENDS products have been authorized by the FDA — meaning that all ENDS products currently on the market are considered illegally marketed and are subject to enforcement, at any time, in FDA’s discretion.

Beginning 30 days from the publication of the notice of availability of this guidance in the Federal Register, the FDA intends to prioritize enforcement against these illegally marketed ENDS products by focusing on the following groups of products that do not have premarket authorization:

  • Any flavored, cartridge-based ENDS product (other than a tobacco- or menthol-flavored ENDS product);
  • All other ENDS products for which the manufacturer has failed to take (or is failing to take) adequate measures to prevent minors’ access; and
  • Any ENDS product that is targeted to minors or likely to promote use of ENDS by minors.

Cartridge-based ENDS products are a type of ENDS product that consists of, includes, or involves a cartridge or pod that holds liquid that is to be aerosolized when the product is used. For purposes of this policy, a cartridge or pod is any small, enclosed unit (sealed or unsealed) designed to fit within or operate as part of an ENDS product.

By not prioritizing enforcement against other flavored ENDS products in the same way as flavored cartridge-based ENDS products, the FDA has attempted to balance the public health concerns related to youth use of ENDS products with considerations regarding addicted adult cigarette smokers who may try to use ENDS products to transition away from combustible tobacco products. In addition to data showing that cartridge-based ENDS products are most commonly used among youth, important findings from the 2019 Monitoring the Future survey exit disclaimer icon focusing on youth use of JUUL indicate that youth preference for menthol- and tobacco-flavored e-cigarettes is much lower than that for mint- and fruit-flavored e-cigarettes. Because of the relatively low numbers of youth using both menthol- and tobacco-flavored, cartridge-based ENDS products, these products are not among the current enforcement priorities. However, should the FDA become aware of an increase of youth using any other flavored products (both cartridge-based or otherwise), the agency will take additional steps to address youth use of those products if necessary. 

For all other products (cartridge-based or otherwise), including menthol-, tobacco-, and non-flavored ENDS products, the FDA will also prioritize enforcement where the manufacturer fails to take adequate measures to prevent youth access. For example, the FDA will consider whether the manufacturer has implemented adequate programs to monitor retailer compliance with age-verification and sales restrictions or if it has established and enforced penalties against retailers that fail to comply with those programs. The agency also will consider whether the manufacturer uses adequate age-verification technology (or requires that retailers who sell its products use such technology) to prevent underage access to its website and to prevent underage sales through the internet. In addition, consideration will be given to whether the manufacturer limits (or requires retailers who sell its products to limit) the quantity of ENDS products that a customer may purchase within a given period of time.

The FDA also intends to prioritize enforcement with respect to any ENDS products that are targeted to youth or likely to promote use of ENDS by youth. Examples include: products marketed with labeling and/or advertising that resemble kid-friendly foods and drinks such as juice boxes or kid-friendly cereal; products marketed directly to minors by promoting ease of concealing the product or disguising it as another product; and products marketed with characters designed to appeal to youth.

Importantly, the FDA’s enforcement priorities are not a “ban” on flavored or cartridge-based ENDS. The FDA has already accepted and begun review of several premarket applications for flavored ENDS products through the pathway that Congress established in the Tobacco Control Act. Manufacturers that wish to market any ENDS product – including flavored e-cigarettes or e-liquids – are required by law to submit an application to the FDA that demonstrates that the product meets the applicable standard in the law, such as whether the product is appropriate for the protection of the public health. If a company can demonstrate to the FDA that a specific product meets the applicable standard set forth by Congress, including considering how the marketing of the product may affect youth initiation and use, then the FDA could authorize that product for sale.

The guidance also states that, after May 12, 2020, the FDA intends to also prioritize enforcement against any ENDS products that continue to be sold and for which the manufacturers have not submitted a premarket application. For ENDS products other than those in the three groups described above, if premarket applications are submitted by that date, the FDA intends to continue to exercise enforcement discretion for up to one year pending FDA review of the applications, unless there is a negative action by the FDA on such application or the product is authorized to be marketed by the FDA.

The FDA has demonstrated a deep commitment to taking steps to prevent youth from using and becoming addicted to any tobacco product, including e-cigarettes. This enforcement policy is an important step in the agency’s ongoing work to ensure these products are not marketed to, sold to, or used by kids, as outlined in the agency’s Youth Tobacco Prevention Plan, including investing in public education campaigns to educate youth about the dangers of e-cigarette use, provide resources to educators, parents and community leaders to prevent youth use, as well as further explore how to help those kids who are already addicted to e-cigarettes quit.

Contact: HHS Press Office

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E-Cigarettes: The HHS Smoking Gun

Friday, December 20, 2019 10:12:24 AM America/New_York

For months, the Department of Health and Human Services (HHS) has been telling us that young people are becoming hooked on flavored e-cigarettes. Now, we know that not only was HHS wrong, but they knew better and were outrightly dishonest to the American public.

After months of sitting on the information, the CDC finally released the National Youth Tobacco Survey (NYTS) results, and unsurprisingly, the responses confirmed that vaping flavors are not at the root of the youth smoking crisis in this country.

According to the published data, barely one in five youths cited flavors, such as mint, candy, fruit or chocolate, as the reason they picked up vaping products. In fact, they ranked flavors just as important to them than their ability to “do tricks” with their vaping pens, like blowing smoke rings or making shapes. The reasons cited by teens ahead of those two categories and leading the charge in youth usage of vaping products, at 55.3 percent, was simply that they were “curious about them.”

Until now, the FDA and the administration have been staunchly blaming flavored vaping products for the spike in youth use, claiming that flavors have made the products more attractive to teenagers. Even though these survey results prove the opposite to be true, this empirical evidence did not come out and did not remove culpability from flavored products.

The newly released data also begs the question of how long has HHS had access to these results. The flavor ban was first proposed by President Trump on September 11th, but before that, the FDA had publicly blamed flavors for the crisis multiple times.

These survey results prove that not only has the conversation been unjustly manipulated by the government, but the subsequently proposed flavor regulation has the power to kill thousands of American jobs, without sound reasoning to back up the decision. Banning flavors will undoubtedly and unfairly punish well-intentioned companies in the vaping space, force former smokers to return to old habits, and potentially catalyze a black market of illicit products.

Most importantly and less recognized, these regulations will without question cost American lives. Data shows that e-cigarettes are 95% safer than smoking tobacco products and, compared to prescribed alternatives, are almost twice as effective in getting smokers off traditional cigarettes – potentially saving millions of lives. We hope that HHS cares about these lives.

The FDA claims to pride itself on being a fact-driven organization that uses statistics and hard data to come to conclusions. If that is truly the case, then the current data, combined with former data showing that kids overwhelming rank menthol, a “non-flavor” as their favorite, reveals the hard-and-fast facts that they have been ignored and shielded from the public.

The government bureaucracy has kept the American public in the dark in favor of politics. Not only that, but it turned out to be terrible politics, considering a flavor ban has considerable power to hurt Trump’s reelection, with polls showing 11 percent of Trump’s supporters are less likely to vote for a candidate who backs a flavor ban.

The needless domino effect of consequences that would result from this blatantly anti-business regulation would be catastrophic for the country. Going forward, we can only hope the administration leans on facts. Rather than haphazardly picking winners and losers in this situation, it should not continue along the path toward a nationwide flavor ban.

If safety is a concern to the FDA, then Americans deserve better.

Comments | Posted By Wholesale Vaping Supply

Is the FDA about to ban all but two flavors?

Wednesday, November 6, 2019 10:05:35 AM America/New_York

A Message from Casaa

On Monday, November 4, or early in the week, we are anticipating an announcement from the Trump Administration regarding FDA guidance about sales of flavored vapor products. According to recent reports, this guidance is expected to go as far as banning every flavor other than tobacco and menthol. In spite of years of communications from consumers and meetings with industry stakeholders, it is clear that officials remain unknowledgeable about how the vapor industry functions and what customers need.

Two flavors will not sustain independent vapor retailers and
will unnecessarily make vaping less attractive
to people who want to switch away from smoking.

The White House needs to hear from adult vapers and anyone who loves a vaper! A flavor ban won’t protect our children, but it will kill their parents.

We need to 
Light Up The Switchboard
At The White House!

Ph: 202-456-1111
(Comment Line)

On your call:

  • The operator will likely ask where they can direct your call
  • Simply tell them that flavored vapor products saved your life,
  • Tobacco and Menthol aren't enough to save small businesses or help people quit smoking; and,
  • tell them “We Vape, We Vote.

Be polite, be brief, and say thank you.


Do you want timely alerts about this issue and information about how you can do more?

Comments | Posted By Casaa

Research Suggests Flavored Vape Products Aren't Responsible For Teenage Usage

Tuesday, October 22, 2019 11:04:32 AM America/New_York

Do flavored vape products correlate to teen vaping? The answer seems to be no. Read here to learn more about recent studies regarding teens and vaping.

Over the last few years, the CDC and other government organizations have released information indicating there is an ‘epidemic’ involving teen vape users. Many of these reports suggest that the number of teens who vape is increasing rapidly, resulting in a health crisis.

Recent reports of vape related lung damage have continued to push this narrative. As a result, several places in the United States have banned flavored vape products in hopes that this will make people --especially teens-- less likely to vape.

However, research has proven there is no such epidemic. New information also suggests that flavor options are not to blame for enticing teens to vape. A new study has shown that teens who are regular smokers are most likely to vape. Only about 1% of teens who are not regular smokers have tried vaping. 

Although there’s no doubt that teens smoking and/or vaping is a serious issue that should be addressed, it’s important that false narratives don’t get used as a way to address this problem. 

The Vapor Technology Association (VTA) is urging government officials “to limit the marketing of tobacco products while still making them available to the millions of adult smokers in America.” Others have suggested changing the legal age to purchase tobacco from 18 to 21 and harsher punishments for those who sell vape products to underage users. 

Although the perfect solution hasn’t been implemented yet, one thing is for sure: a strict flavor ban could result in more harm than good. Limiting adults access to vape products means that smokers will have one less option when trying to quit.

Many smokers who have transitioned to vaping believe the decision has saved their lives. They also believe that their lives could be at risk due to the CDC’s inaccurate information as well as flavor bans and added restrictions on other vape products.

Debbye Saladine-Thompson, who smoked for 35 years before switching to vaping told U.S News “I cannot trust an agency that says the product that I and so many people have been using for 10 years and hasn't caused one death is now causing hundreds of illnesses. No, I do not believe that."

As trust in both legislation and the CDC continues to decrease, researches and vape enthusiasts will continue to push the truth to the forefront. 

Comments | Posted By Wholesale Vaping Supply

False Information About E-Cigarettes is Putting Lives at Risk

Tuesday, October 15, 2019 10:28:49 AM America/New_York

Public outcry against e-cigarettes is doing more harm than good. Read here to learn how false information about e-cigarettes is putting lives at risk.

Over the last several months, there have been several stories about teens across the country who have been hospitalized due to serious lung damage caused by vaping. These stories have reported that teens from several states have suffered heart attack like symptoms with vaping being the common denominator.

However, many of these stories neglected to mention the fact that the teens also admitted to vaping illegal and unregulated THC products that they purchased from the black market. The items contained harmful ingredients not found in legal vaping products.

Sadly, these stories have been used to push the narrative that vapes and e-cigarettes are harmful products that should no longer be available to the public. When polled, most Americans said that they believed e-cigarettes to be more harmful than traditional cigarettes and other tobacco products. The FDA and other government organizations also continue to deliver the message that e-cigarettes are very dangerous, despite research consistently saying the opposite. 

Studies have shown that not only are e-cigarettes less harmful than traditional cigarettes, but they’re also a very effective tool for helping smokers quit. In fact, researchers believe that e-cigarettes could be two times as effective as other forms of tobacco/nicotine replacements. 

Studies have also  proven that the process e-cigarettes use to vaporize tobacco is safer than the method used in cigarettes because it allows users to inhale an aerosol which contains fewer harmful chemicals. 

Pushing the rhetoric that e-cigarettes are more deadly than cigarettes is dangerous - especially for people who are looking for a way to quit smoking and have exhausted other options. Smoking kills approximately a half a million people each year in the United States alone. This number could decrease significantly with the help of e-cigarettes. 

By hiding the truth about e-cigarettes, it seems like law makers and government officials are actually creating what they claim they are trying to avoid:a public health crisis. 

As new reports continue to show the effectiveness of e-cigarettes, the industry can only hope that this evidence is used to shed light on the positives.

If you’re interested in learning more about high-quality e-cigarettes products, check out our store to see what we have to offer.

Comments | Posted By Wholesale Vaping Supply

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