The past months have seen some invigorating victories for the vape industry. The Right to Be Smoke-Free Coalition achieved a major victory in Indiana, whose bizarre regulations violated hundreds of years of commerce law. Rep. Tom Cole (R) and Rep. Sanford Bishop (D) are at it again with a promising new Amendment to change the grandfather date for deemed tobacco products. The anarchic Trump administration is taking a sledgehammer to over a century of regulatory agencies. These developments shine a light of hope on an industry embattled by prohibitive powers.
Last year was a time of uncertainty and doubt for the vape industry. Whispers of the impending doom of vaping as we know it were commonplace as the FDA mounted its horrorshow of Deeming Regulations. Here are some promising developments for the vape industry:
R2BSF Versus Hoosier State:
The Right to Be Smoke-Free scored a big win in the state of Indiana. The U.S. Seventh Circuit Court of Appeals sided with R2BSF to overturn the unconstitutional Indiana law.
The insanity of Indiana’s HB 1432 has been making headlines since it passed. As the e-liquid law was originally written, an absurdly specific set of restrictions gave a single security firm a monopoly over vape manufacture and distribution. Included in the law: Vape manufacturers must erect facilities compliant with the Indiana Commercial Kitchen Code, use the only approved security firm in America (Mulhaupt’s) to provide services, employ a rolling steel fire door technician and an architectural hardware consultant, record 24-hour video surveillance, among many other asinine requirements.
The Right to be Smoke Free Coalition filed a lawsuit that challenged the Indiana’s Vapor Pens and E-Liquid Act in 2015. R2BSF argued that this Act violated the Commerce Clause, in that the act intervened in interstate commerce. The court deemed the interstate laws unenforceable, but Indiana reserves the right to regulate the vaping industry within the state.
This is a triumph for the vape industry, and perhaps the tide is turning in the fight for vaping rights.
Be sure to support the R2BSF for further vape victories!
HR 1136: Cole & Bishop Versus the FDA
You may have heard some buzz about HR 2058 and the Cole-Bishop Amendment last year. This amendment, sponsored by Rep. Tom Cole (R) and Rep. Sanford Bishop (D), challenged the grandfather date for the FDA’s Deeming regulations. Cole and Bishop have recently introduced HR 1136, known as the FDA Deeming Authority Clarification Act of 2017.
The current grandfather date is set (arbitrarily) to align with the 2009 Tobacco Control Act. This date subjects all vape innovations since 2007 to the prohibitively expensive PMTA process. The FDA scrutiny would cost manufacturers millions of dollars, a glut of man-hours financed by American tax dollars, and the devastation of small vape businesses.
HR 1136 stands to abolish the 2007 “grandfather” date for vape products. The FDA would still regulate products, manufacturers, and distributors, but the 2007 date would be redefined to a later date. Supporting this bill is paramount to the survival of the vape industry as we know it.
Support HR 1136 to help fight the FDA!
Trump, Bannon, and the Reckless Abandon
A new administration and cabinet brings a world of change. Donald Trump has assembled a deconstructivist posse of anti-regulation zealots to head regulatory agencies. This sea change will be reinforced by a rabidly pro-business Congress, a self-described anti-state Leninist chief strategist Steve Bannon, and a personal disdain for the FDA.
Trump told Pharmaceutical CEOs that 75% to 80% of FDA Regulations will be eliminated. This may be promising news for the vape industry, which faces incredibly strict and unreasonable regulations from the FDA. Trump hasn’t spoken specifically about vapor products (yet), but a diminished FDA could pave the way for continued growth in the vaping industry. In this case, we will just have to wait and see what happens.
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