NYC’s Anti-tobacco and -vaping package passed – Update and Digest

Update – 08.11.17

On Wednesday, August 9th, The New York City Council voted to pass a package of anti-tobacco and anti-vaping ordinances. Please see the table below for a digest of each law that was passed and their effective dates.

Bill Number Description Effective Date
Int. No 0484-A – Prohibits smoking and vaping in the common areas of ALL multiple dwellings. Existing law limits this prohibition to buildings containing more than ten dwelling units. 180 days

after becoming law

Int. No 1131-B – Prohibits the sale of Tobacco and Vapor products in pharmacies.

– §3. (Effective following enactment) No pharmacies can apply for a new dealer’s license. Renewals will only be valid until Dec. 31, 2018.

Int. No 1471-A – Increases biennial retail cigarette dealer license fee from $110 to $200. See effective dates for

Int. No 1547-A

Int. No 1532-A – (Effective 360 days after becoming law) Requires anyone selling electronic cigarettes to have an electronic cigarette retail dealer license for EACH place of business where e-cigarettes are sold.

– Prohibits pharmacies from obtaining an electronic cigarette retail dealer license.

– Establishes a 90 period that begins when the law is enacted in which existing vapor retailers are able to apply for a new license. After this 90 period, no new licenses will be issued.

– (Effective Immediately) The commissioner of consumer affairs must publicize the 90 application period to maximize awareness.

– Establishes biennial licensing fee of $200

– Establishes a community district electronic cigarette retail dealer cap. This cap will be set at HALF the number of licenses issued during the 120 period following the expiration of the 90 application period.

– Electronic retail dealer licenses are allowed to be sold but are only valid for the property that was originally licensed. Effectively, these licenses are non-transferrable.

– Establishes financial penalties for violations (Effective date: See Int. No 1544-B)

– Establishes penalties for violation and grounds for revoking licenses.

150 days

after becoming law

(see exceptions in description)

Int. No 1544-B – §3 Establishes price floors and taxes for other tobacco products (OTP). This includes a price floor for low-risk products like American moist snuff and Swedish snus which is set at $8.00. (please see the table on page 6 of the bill for more details)

– Expands the existing cigarette licenses to include OTP henceforth referred to as “tobacco dealer license.”

– Raises the price floor for cigarettes from $10.50 to $13.00.

– §17 Establishes minimum package sizes for cigarettes and OTP.

– §18 Prohibits delivery of cigarettes, OTP, and e-cigarettes by foot, bicycle, or any motor vehicle outside of a retail dealer’s place of business.

The first day of the calendar month next following the 270th day after it becomes law, provided that subdivision b of §17-704.1 of the administrative code of the city of New York, as added by §18 of this local law, takes effect 150 days after it becomes law.
Int. No 1547-A – §10, subdivision e directs the commissioner of finance to establish a community district retail dealer cap for each community district in the city. This cap will be set at HALF the total number of licenses issued excluding retail dealer licenses issued to pharmacies. 180 days

after becoming law

Int. No 1585-A – Requires owners of co-ops and condominiums to adopt and disclose smoking policies. 365 days

after becoming law


This article was originally published at CASAA
Author: Alex Clark

Posted in e cigarettes, Licensing, New York, New York City, News, NYC, Price Floor, Smokeless Tobacco, snus, tax, tobacco tax, Vaping | Comments Off on NYC’s Anti-tobacco and -vaping package passed – Update and Digest

NYC – Take action to stop a package of anti-THR ordinances

A package of ordinances that were introduced in April in New York City aimed at raising the floor price of tobacco products, prohibiting tobacco sales in pharmacies, adding further restrictions on where people can smoke and vape, and enacting a moratorium on retailer licenses are heading back to the NYC Health Committee on

10:30 AM

250 Broadway, Committee Room, 16th Fl.

An ordinance (Int. No 1532), which would require licenses for anyone selling vapor products and stop issuing licenses within 90 days of becoming law, is scheduled for a hearing on

Please make plans to attend this hearing. Even if you do not plan to speak, your presence is important as it demonstrates the large numbers of people affected by this issue.

Please take action NOW by sending a message to members of the Committee on Health urging them to oppose this ordinance!


Consumers and business owners need to be aware that, although this is a separate licensing regulation for vapor retailers, it is not a beneficial consideration. The city intends to cap the number of vapor retailers at half the current number, by community district, in the five boroughs and phase them out of business over time.

This article was originally published at CASAA
Author: Alex Clark

Posted in Calls To Action, e cigarettes, Licensing, Licensing Cap, Local Alert, New York, New York City, News, NY-CTA-current, Price Floor, Smokeless Tobacco | Comments Off on NYC – Take action to stop a package of anti-THR ordinances

FDA’s New Approach to Nicotine Regulation – What’s In and What’s Out

On Friday, July 28th, FDA Commissioner Dr. Scott Gottlieb announced the agency’s new vision for tobacco regulations. As stated, the central driving force behind the proposed shift in policy is the commitment to reduce the harms caused by combustible tobacco use. The most immediately significant part of Commissioner Gottlieb’s announcement is a proposal to extend the deadline for pre-market tobacco approval applications (PMTA) for newly-deemed tobacco products to August 8th, 2022. FDA will issue guidance on the matter soon.

  • Proposed new deadline for submission of PMTA applications is August 8, 2022
  • Compliance deadlines that have already passed are not affected.
  • Future compliance deadlines (here) for warning statements, ingredient listing, health document submissions, harmful and potentially harmful constituents (HPHC) reports, and the removal of modified risk claims are not affected.

Although Friday’s announcement is a clear signal that the FDA is granting the vapor industry a four-year stay of execution, it bears repeating that this is simply a delay. Commissioner Gottlieb included several pressing issues that concern the vaping community, future vapor consumers, and tobacco harm reduction (THR) advocates, all of which will need to be addressed in short order so that 2022 isn’t just another cliff edge.

Proposed regulation of nicotine content in cigarettes

The proposed policy shift for the FDA centers around refocusing the agency’s regulatory efforts to address the “astonishingly addictive” nature of nicotine. Specifically, the FDA is targeting nicotine delivered via smoking and will be considering a rule that would mandate lower nicotine levels in cigarettes. By forcing manufacturers to produce cigarettes that are, in theory, less or non-addictive, FDA speculates that young people who are at risk for initiating smoking will quickly lose interest or, if they go on to become regular smokers, will have an easier time of quitting.

Very low nicotine content (VLNC) cigarettes are not a new idea and this raises questions that stakeholders and public health advocates will need to tackle. Probably the most immediate concern is how consumers will react to lower nicotine levels: Does such a mandate create an underground market for full-strength cigarettes and will smokers just end up smoking more? Appropriately, these questions will be addressed during the rulemaking process.

As the discussion on vapor products moves toward standards-based regulation and given FDA’s notice of intent to seriously consider limiting the nicotine content in combusted cigarettes, it is worth raising the concern now that we will be having a conversation about nicotine limits for e-liquid and possibly smokeless tobacco. Regulations in the EU have already set the precedent which has spilled into policy being debated in Australia. There is little reason to believe that this won’t be part of the discussion in the US going forward.

Proposed regulation of flavored cigars and noncombustible nicotine products

Unsurprisingly, the FDA will be taking a hard look at flavored tobacco and nicotine products, menthol cigarettes, and using the rulemaking process to issue product standards. While much of the discussion around flavors still revolves around the effect on young people, Commissioner Gottlieb has already started to shift this conversation. Most notably, his comments during his Senate confirmation hearing signaled a potentially more enlightened view of the role flavors play in helping smokers transition to low-risk nicotine products. Going forward, it is vital that the agency’s investigation into flavors is framed around what will benefit smokers and vapers the most.

Many, including CASAA, believe the conversation about flavored nicotine products is more appropriately framed as a discussion about marketing. There are nuances when we talk about marketing, most importantly, establishing the boundaries of the first amendment. It should suffice to say that any regulation regarding marketing standards can not be reduced to “I know marketing-to-children when I see it.” However, the standards should not be so strict that consumers are less interested in the products or left largely in the dark about their pleasurable elements.

Consumer engagement on flavor/marketing standards is paramount and cannot be left to agenda-driven researchers. Although there is cause for celebration over the announcement of FDA’s new vision for tobacco and nicotine regulation, policy change is slow, especially when the walls of long-held beliefs are high. Challenging the decades-old narrative that flavors in tobacco (and nicotine) products exist solely to entice children to become addicted is still necessary–now more than ever.

Clear guidance regarding PMTA, MRTP, and SE applications

Since 2009, the pathway to premarket approval for tobacco products has been fraught with uncertainty. This lack of clarity in the FDA’s expectations regarding the information required to successfully bring a product to market or advertise it as lower risk is presenting financial and paperwork hurdles that very few can overcome. Revising the FDA’s guidance regarding the approvals process is a necessary step in creating a regulatory environment where innovation can occur and low-risk products can more easily be sold.

While a PMTA deadline delay is important to keeping low-risk vapor products on the market for the next four years, the temporary reprieve will be all-for-naught if only a few products will be available after August of 2022.

What’s missing from FDA’s announcement

Grandfather Date

Significantly, FDA did not address modernizing the predicate date for newly-deemed products. Although there was mention of revisiting the agency’s backlog of substantial equivalence (SE) applications and the SE pathway, there is no indication, at this time, that Commissioner Gottlieb will be using FDA’s discretion to enforce a modern predicate date. The February 2007 grandfather date is still a massive barrier to innovation and keeping most vapor products on the market after 2022.

CASAA is asking our members to continue contacting their representatives and urging them to support HR 1136. This bipartisan bill is playing a vital role in keeping the conversation about predicate products and the need to modernize the grandfather date alive. Please visit to take action.

Updated Language

Even though the FDA is signaling that it will be taking an enlightened approach to regulating reduced- and low-risk tobacco and nicotine products, some of the language used to communicate this policy shift is reminiscent of the old tobacco control playbook. Phrases like “for those who need [nicotine]” and “astonishingly addictive” ignore an evolving understanding of how and why people use nicotine. It also ignores the complexities of substance use and perpetuates the misunderstanding that chemical dependency = addiction = harm.

CASAA has long been a proponent of communicating the benefits of harm reduction without using the language of our opponents. Sometimes, appropriating phrases can be useful in lampooning absurd policies, but in a serious discussion about public health strategy, using the language of our opponents has the unfortunate tendency to validate their fact-free claims about harm. If we are truly going to reframe the conversation around nicotine, we need to be thoughtful and vigilant about how we communicate risk. The idea that low-risk alternatives to combusted tobacco exist solely as a means to achieving complete nicotine or smoking cessation is old thinking. Although this idea has its place in discussions about harm reduction, it cannot be the basis of the overall strategy.

Mandating very low nicotine content in cigarettes

The proposal to limit the nicotine content in cigarettes is being presented as a necessary first step in transitioning smokers to low-risk products. In reality, the real first step was taken when the electronic cigarette was invented (of course, prior to the rise in popularity of vaping, smokeless tobacco should have been promoted as a low-risk alternative to smoking). Steps two through three happened when consumers, backyard innovators, and independent manufacturers modified and improved the products that were on the market. All of that to say that the availability of effective and enjoyable low-risk nicotine products has been and currently is the cornerstone of any strategy to reduce the harm of smoking.

What the FDA is proposing, however, is that vapor products need a heavy assist from the government so that smokers will make the decision to use a lower-risk nicotine product. In no uncertain terms, this is just more coercion and flirts dangerously close to prohibition.

As mentioned above, there are new questions of public health to contend with. We are also mindful that states that are dependent on cigarette tax revenue will be looking to replace those dollars as the smoking rate continues to fall. We should be very concerned that the easiest target will be the rest of the tobacco and nicotine category–which is already happening in several states and municipalities.

What does all of this mean for consumers

In theory, the FDA’s recent decision to delay the PMTA deadlines means consumers will continue to have access to the diverse vapor market for several more years. While the extended timeline for compliance means that vapor manufacturers are likely to stick around, the current compliance deadlines will likely translate to slightly increased costs and, as mentioned above, the 2007 grandfather date remains unchanged. Another reality we will face is heightened opposition from groups who would rather see tobacco and nicotine banned completely.

The narrative from the usual tobacco control groups for the past several years is that the lack of federal regulation of vapor products means 1) we can’t be sure how risky the products are and 2) therefore, state and local governments must take action to impose their own strict regulations. Although Friday’s announcement from the FDA is a clear declaration that the agency is moving forward with regulations, anti-tobacco activists continue to spin the news as if the FDA is giving up their authority.

In addition to the predictable press releases in response to the FDA’s announcement, the disinformation coming from tobacco control was on full display during Dr. Jerome Adams’ confirmation hearing to become the next US Surgeon General. When Senator Maggie Hassan (D-NH) asked Dr. Adams about protecting young people from tobacco and nicotine, she introduced the question by stating that the deeming rule had been delayed. While it is true that one aspect of the rule (PMTA compliance) has been extended, the rest of the rule remains unchanged. In fact, as discussed above, the FDA announced that it will be promulgating even more rules in the near future regarding product standards for e-liquid and batteries.

Senator Hassan’s mischaracterization of the FDA’s announcement is very likely to be repeated and exaggerated at the state and local level. Therefore, it is important to remind lawmakers that the deeming rule took effect and the timeline for compliance began on August 8, 2016. That date has not changed. The national minimum legal purchase age for all tobacco and nicotine products is still 18-years-old. Moreover, compliance deadlines for product registration, ingredient listing, toxicology, and warning labels remain unchanged.

While vapor businesses and their consumers have been given a lifeline, there are still sharks in the water. Now, more than ever, it is vital that lawmakers hear from voters about the benefits of vaping and other low-risk tobacco products.

CASAA is urging our members to continue contacting their representatives and urging them to co-sponsor HR 1136 by visiting

Your senators also need to hear your stories about how vaping and other smoke-free tobacco products have affected your life. You can find contact information for all of your lawmakers by visiting

CASAA relies on contributions from our members to provide timely and accurate information about legislative engagement and the benefits of low-risk tobacco and nicotine products. Please donate today! Any amount will go a long way to helping us keep consumers informed and provide opportunities to engage with lawmakers. Thank You!


Additional Coverage:

FDA News Release –

Dr. Scott Gottlieb’s full remarks –

Brad Rodu –

Clive Bates –

Jacob Sullum (Reason), “A Cap on Nicotine in Cigarettes Would Be Hazardous to Health” –



This article was originally published at CASAA
Author: Alex Clark

Posted in deeming regulations, e cigarettes, e-cigarette, FDA, FDA deeming, HR 1136, News, nicotine, PMTA, Scott Gottlieb | Comments Off on FDA’s New Approach to Nicotine Regulation – What’s In and What’s Out

The Truth About Vaping Tour — Coming to MT and SD in August

Please join Gregory Conley, the President of the American Vaping Association, as the Truth About Vaping Tour comes to Montana and western South Dakota.

Over 250,000 adults in Montana and South Dakota smoke cigarettes. Many of these people want to quit, but have been unable to do so even with pharmaceutical aides or other traditional methods. For those adults who can’t or won’t quit, what is the solution?

A growing number of medical and public health organizations are advocating a harm reduction approach that urges smokers to quit smoking by switching to vaping products. Last year, the Royal College of Physicians — an international organization representing over 32,000 doctors — released a landmark report concluding that smokers who switch to vaping products avoid “almost all of the harms from smoking.” And in July, the BMJ journal reported that an increase in vaping in the U.S. was tied to higher quit rates.

Yet even with evidence growing, polls show that a growing number of Americans think that vaping is just as bad, if not worse, than smoking. And many public health groups are pushing for the FDA to regulating vaping products far harsher than they do traditional cigarettes.

Join us to get the facts about vaping and other reduced risk products, as well as learn what can be done to keep vaping products legal.

All shows are FREE and open to the public. Must be 18+ to attend. Doors open 45 minutes before all shows.

RSVP requested: There are three options to RSVP — (1) Use the Facebook link for each show; (2) E-mail TruthTourMT @ (delete the spaces); or (3) Call 406-318-77973. If emailing or calling, please note your name, the city you are attending, and the number of people in your party.


Monday, August 21 — Missoula, MT (7 – 8:30 pm)

Venue: Fraternal Order of Eagles, 2420 South Ave W., Missoula

Tuesday, August 22 — Kalispell, MT (7 – 8:30 pm)

Venue: VFW, 330 1st Ave. W., Kalispell

Wednesday, August 23 — Great Falls, MT (7 – 8:30 pm)

Venue: Do Bar, 1800 3rd St. NW, Great Falls

Friday, August 25 — Bozeman, MT (7 – 8:30 pm)

Venue: Best Western Plus, 1325 N. 7th Ave, Bozeman

Saturday, August 26 — Billings, MT (7 – 9 pm)

Venue: Hilton Garden Inn, 2465 Grant Road, Billings

Monday, August 28 — Rapid City, SD (7 -8:30 pm)

Venue: Robbinsdale Lounge, 805 E Saint Patrick St

This article was originally published at
Author: Gregory Conley

Posted in AVA News, e cigarettes, Vaping News | Comments Off on The Truth About Vaping Tour — Coming to MT and SD in August

E-cigarettes get help from Trump, but need more from Congress (Washington Examiner)

Advocates of e-cigarettes got some help from the Trump administration last week in their effort to keep a major regulation from taking effect in August. But they still need some help from Congress.

The Trump administration last week moved to delay all regulatory deadlines facing e-cigarette makers. Chief among the deadlines is one requiring e-cigarette makers to submit an application by August with the Food and Drug Administration to get federal approval of their products. Even some products that are on store shelves would have to submit an application alongside any new product applications.

But e-cigarette groups are saying the move to delay the August deadline is only a temporary salve and that Congress is going to need to make any change permanent.

. . .

“If you don’t have your application filed, then it is a felony to continue to sell your product,” said Greg Conley, president of the American Vaping Association. The FDA set a grandfather date of Feb. 15, 2007, which means that any product made before …

Continue reading:
E-cigarettes get help from Trump, but need more from Congress – Washington Examiner

This article was originally published at
Author: Gregory Conley

Posted in e cigarettes, Vaping News | Comments Off on E-cigarettes get help from Trump, but need more from Congress (Washington Examiner)

HR 1136 gains early co-sponsors. Take a moment to say THANK YOU!

If you are not a resident of one of the districts listed below, please Take Action here.

Don’t know who your representative is? You can find them here.


Please take a moment now to send your representative a message of support and gratitude for co-sponsoring The FDA Deeming Authority Clarification Act of 2017 (HR 1136). This bill would change the grandfather date for newly deemed tobacco products to allow for all vapor products currently on the market to remain on the market.

  • Please note: this engagement is limited to people living in the following districts:

HR 1136 Co-Sponsors – Current as of 07.26.17

Rep. Dist. Rep. Dist. Rep. Dist.
Don Young AK-At Large (R) Harold Rogers KY-05 (R) Elise Stefanik NY-21 (R)
Bradley Byrne AL-01 (R) Andy Barr KY-06 (R) Chris Collins NY-27 (R)
French Hill AR-02 (R) Clay Higgins LA-03 (R) Bill Johnson OH-06 (R)
Steve Womack AR-03 (R) Andy Harris MD-01 (R) Steve Stivers OH-15 (R)
Bruce Westerman AR-04 (R) Bill Huizenga MI-02 (R) Markwayne Mullin OK-02 (R)
Kyrsten Sinema AZ-09 (D) John Moolenaar MI-04 (R) Kurt Schrader OR-05 (D)
Jim Costa CA-16 (D) Tim Walberg MI-07 (R) Mike Kelly PA-03 (R)
David Valadao CA-21 (R) Mike Bishop MI-08 (R) Scott Perry PA-04 (R)
Devin Nunes CA-22 (R) Paul Mitchell MI-10 (R) Glenn Thompson PA-05 (R)
Scott Peters CA-52 (D) Tom Emmer MN-06 (R) Tom Marino PA-10 (R)
Scott Tipton CO-03 (R) Collin Peterson MN-07 (D) Lou Barletta PA-11 (R)
Mike Coffman CO-06 (R) Wm. Lacy Clay MO-01 (D) Tim Murphy PA-18 (R)
Matt Gaetz FL-01 (R) Billy Long MO-07 (R) Mark Sanford SC-01 (R)
John Rutherford FL-04 (R) Bennie Thompson MS-02 (D) Jeff Duncan SC-03 (R)
Ron DeSantis FL-06 (R) Steven Palazzo MS-04 (R) John Duncan Jr. TN-02 (R)
Thomas J. Rooney FL-17 (R) George Holding NC-02 (R) Charles J. Fleischmann TN-03 (R)
Francis Rooney FL-19 (R) Walter B Jones, Jr. NC-03 (R) Scott DesJarlais TN-04 (R)
Mario Diaz-Balart FL-25 (R) Mark Walker NC-06 (R) Mac Thornberry TX-13 (R)
Carlos Curbelo FL-26 (R) David Rouzer NC-07 (R) Bill Flores TX-17 (R)
Sanford Bishop GA-02 (D) Richard Hudson NC-08 (R) Lamar Smith TX-21 (R)
Doug Collins GA-09 (R) Robert Pittenger NC-09 (R) Henry Cuellar TX-28 (D)
Tom Graves GA-14 (R) Mark Meadows NC-11 (R) Scott Taylor VA-02 (R)
Rod Blum IA-01 (R) Ted Budd NC-13 (R) Bob Goodlatte VA-06 (R)
Steve King IA-04 (R) Jeff Fortenberry NE-01 (R) Dave Brat VA-07 (R)
John Shimkus IL-15 (R) Don Bacon NE-02 (R) Morgan Griffith VA-09 (R)
Adam Kinzinger IL-16 (R) Adrian Smith NE-03 (R) James F. Sensenbrenner, Jr. WI-05 (R)
Kevin Yoder KS-03 (R) Mark E. Amodei NV-02 (R)
Brett Guthrie KY-02 (R) Daniel Donovan NY-11 (R)
  • If you are not a resident of one of these districts, please Take Action here.

Thank you.


Please also consider sending a letter to the bill’s author, Representative Tom Cole (R-OK) and primary co-sponsor, Representative Sanford Bishop (D-GA). Please feel free to copy and print the letters we have provided here and here or write your own and send them via regular mail to the following address:

Representative Tom Cole

2467 Rayburn HOB

Washington, D.C. 20515

Representative Sanford Bishop

2407 Rayburn House Office Building

Washington, D.C. 20515


(Writing Tip #1)If you have a lot to say, please craft your email in a separate word doc and then copy/paste it into the field provided.  If you take too long, they system will time out and you will lose your work.
(Writing Tip #2) Although we’ve provided a prewritten email with compelling talking points, we would strongly encourage you to edit the email because personalized communications to legislators are far more persuasive than form letters.  At a minimum, PLEASE INSERT YOUR PERSONAL STORY (just a few sentences) in the text of your email.

Updated 03.19.17 to include new cosponsors

Updated 03.23.17 to include new cosponsors

Updated 03.28.17 to include new cosponsors

Updated 04.04.17 to include new cosponsors

Updated 04.25.17 to include new cosponsors

Updated 05.05.17 to include new cosponsors

Updated 05.15.17 to include new cosponsors

Updated 06.05.17 to include new cosponsors

Updated 06.08.17 to include new cosponsors

Updated 06.15.17 to include new cosponsors

Updated 06.21.17 to include new cosponsors

Updated 07.13.17 to include new cosponsors

Updated 07.25.17 to include new cosponsors

Updated 07.26.17 to include new cosponsors

This article was originally published at CASAA
Author: Alex Clark

Posted in Calls To Action, Cole-Bishop, e cigarettes, FDA deeming, HR 1136, HR1136 | Comments Off on HR 1136 gains early co-sponsors. Take a moment to say THANK YOU!

New Jersey bans the sale of low-risk nicotine products to anyone under 21

In a shocking reversal from last year’s veto, New Jersey Governor, Chris Christie signed a Tobacco 21 bill into law on Friday, July 21st. The new law raises the purchase age for all tobacco and vapor products from 19 to 21 and will take effect on November 1, 2017. New Jersey is the third state following Hawaii and California to enact a Tobacco 21 law.

While the list of local governments, and now states, that have adopted or are considering a Tobacco 21 policy is growing, new evidence supporting the claims of proponents is not moving at a similar pace. Proponents still point to a small town in Massachusetts and one study conducted by the Institute of Medicine (IOM) as support. But neither the case of Needham, MA or the IOM report account for the availability of low-risk vapor products and neither compare the effectiveness of raising the age to 21 to adopting a harm reduction strategy. For governments to accept such little evidence as satisfactory support clearly shows a bias and a deference to emotional arguments in favor of prohibition over harm reduction.

Indeed, many of us have experienced the early loss of a loved one due to smoking–including Governor Christie–and by year’s end, millions more will lose someone close to them. But the solution to this problem is not in taking reduced harm options away from people. Tobacco 21 laws are dangerous and have the potential to do more harm than good by prohibiting sales of low-risk, smoke-free products to adult consumers. Governor Christie knows that a one-size-fits-all policy is failing in the area of opioid addiction. He has no reason to believe that relegating smokers to traditional quit methods will have a positive outcome.

The new law in New Jersey is expected to create a $4-$8 million hole in the state’s budget. Any public health gains that might translate to savings will be minimal at best and will not be realized for decades.

Legislatures in Maine and Oregon have also sent Tobacco 21 bills to their governors for signing. Maine’s Governor, Paul LePage, has wisely vetoed the Tobacco 21 legislation.

This article was originally published at CASAA
Author: Alex Clark

Posted in Chris Christie, e cigarettes, New Jersey, News, Tobacco 21 | Comments Off on New Jersey bans the sale of low-risk nicotine products to anyone under 21

We need everyone’s help to change the predicate date!


Even if you’ve reached out to your lawmakers in the past, we need you to do it again. We have received word that the Cole-Bishop amendment is being seriously considered for inclusion in the FY2017 US budget.

But, this is not a guarantee. There are strong forces working against anything that might be perceived as a “Republican rider” in the budget bill. Even though Cole-Bishop is a bipartisan effort in support of what should be a bipartisan issue, the effort to modernize the predicate date for vapor products has been stripped out of the budget before.

We need your help to keep Cole-Bishop in the budget bill!

Please take a moment to call your representative and senators:

Points to discuss on your call:

Urge them to support the Cole-Bishop language in the 2017 US budget bill
If the predicate date for vapor products is not modernized, nearly all vapor products will be wiped off the market in 2018. Many businesses will start closing down this year.
The FDA will still have the authority to regulate vapor products and common sense regulations like no sales or marketing to minors will remain unchanged.
If you have time, briefly, tell your story about how vaping has helped you.

When you’re finished with your call, visit and send an email.

Please share this URL with everyone. EVERYONE!

Thank you

Posted in All posts, e cigarettes, FAQs | Tagged , , , | Comments Off on We need everyone’s help to change the predicate date!

Save the Vaping Industry

On May 6th, 2016 FDA released its deeming regulations for the Electronic Cigarette Industry. The regulations were extreme and if nothing gets changed will mostly kill the E-Cig industry. The regulations were completely in favor of big tobacco companies who are the only companies that could go through expensive but illogical process. Killing of E-cig industry would have too many bad consequences, such as:

  1. Many people will go back to regular smoking
  2. Even 0mg (no nicotine) options won’t be available for people
  3. Thousands of small businesses will go out of business across the country
  4. Hundreds of thousands of people will have to look for another job as these businesses will be shut down

It seemed that politics and money played a big role in getting these regulations published and the only winners are the large tobacco companies.

Fortunately, few organizations such as: American Vaping Association, SFATA, Tobacco Merchants Association, Vapor Technology Association, and CASAA are trying the save the vaping industry. They are trying to get the predicate date for vapor products moved from Feb’ 2007 to August (or December) 2016. Modernizing the predicate date will help stop the ban of 99%-plus of products on the market today.

The industry and consumers need to put forth a massive effort to ensure that both Democrats and Republicans do not lose sight of the importance of this policy change. Recently, the House Appropriations Committee voted in favor of an amendment to the FY 2017 Agriculture Appropriation bill but nothing is decided yet. The fate of the US Vapor industry is in the hands of Congress.

Magic mist also requests you to please contact your senators and Congress members and urge them to push forward the FY2017 Agriculture Appropriations bill. This bill would modernize the predicate date for vapor products and stop the FDA from banning 99%-plus vapor products on market today.

Interestingly, just 2 months ago, a 200 page report by by UK Royal College of Physicians concluded:

“Large-scale substitution of e-cigarettes for tobacco smoking has the potential to prevent almost all the harm from smoking in society,” the RCP says. “Promoting e-cigarettes…and other non-tobacco nicotine products as widely as possible, as a substitute for smoking, is therefore likely to generate significant health gains in the UK.”

All of us need to contact our senators and district congress members to tell them about our own story and how important it is for you that you continue to vape rather than smoke, and how vaping has helped you in general. The more customer stories these congress members hear from their citizens, the more they will take this matter seriously.

Posted in All posts, e cigarettes, resources, Smoking/nicotine addiction | Tagged , , , , , | Comments Off on Save the Vaping Industry

U.K. Report Advocates Substituting E-Cigarettes for Tobacco

smoking_wsj_pic2A report from the U.K.’s Royal College of Physicians, released early Thursday morning in the U.K., rejects several safety arguments marshaled against e-cigarettes in recent years. PHOTO: REUTERS

This article was published in Wall Street Journal on Apr’ 28, 2016.


Updated April 28, 2016 12:32 a.m. ET

Substituting electronic cigarettes for tobacco is beneficial to public health and should be encouraged for current smokers, according to a report from the U.K.’s Royal College of Physicians.

The report, released early Thursday morning in the U.K., rejects several safety arguments marshaled against e-cigarettes in recent years. It argues that smoking tobacco is so deadly that any small potential risk from long-term e-cigarette use is outweighed by their lifesaving effects.

Among the report’s conclusions are that e-cigarettes aren’t a gateway to smoking tobacco for current nonsmokers and that they likely lead tobacco smokers to try to quit regular cigarettes when they otherwise wouldn’t.

“This report lays to rest almost all of the concerns over these products, and concludes that, with sensible regulation, electronic cigarettes have the potential to make a major contribution towards preventing the premature death, disease and social inequalities in health that smoking currently causes in the U.K.,” said John Britton, director of the U.K. Center for Tobacco & Alcohol Studies at the University of Nottingham, who chaired the panel responsible for the report.

The report comes at a critical time for the e-cigarette industry, whose sales have fallen sharply in recent months. Confusion over the safety and health effects of the devices has contributed to a 6.2% decline in sales in the U.S. for the year ended March 26, according to Nielsen data cited by Wells Fargo.

E-cigarette advocates are hoping the report by the Royal College of Physicians is as influential as the health body’s 1962 report on cigarettes. It was among the first to identify the health harms of smoking and preceded the U.S. Surgeon General’s report on smoking and health by two years.

“This is a game changer,” said David Sweanor, a tobacco-control expert and adjunct professor of law at the University of Ottawa. He said confusion over the health consequences of e-cigarettes has “scared away a lot of investment and scared away a lot of consumers. We now have a very authoritative overview of the actual evidence [on e-cigarettes] that will inform policy.”

Most researchers have agreed for years that e-cigarettes are less harmful than cigarettes because they don’t combust and release carcinogens like traditional smokes, but the long-term effects of using the devices remain largely unknown.

The Royal College of Physicians report comes as the U.S. government continues to consider how it will regulate e-cigarettes. The Food and Drug Administration in 2014 proposed a rule that would give it oversight of e-cigarettes and require federal approval for nearly all e-cig devices and liquid-nicotine products. The rule is still being reviewed and hasn’t been finalized.

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