R2BSmoke Free Coalition Files Lawsuit Challenging FDA Deeming Regulations

fdaSome of you may have noticed R2BSmoke Free graphic centered directly in the header of our website for the past month. You may have also noticed the following flyers going out with every order from MBV:

Screen Shot 2016-06-29 at 8.38.41 AM

Why has this effort taken up such a central concern for Mt Baker Vapor? As many of you know, we have made a public commitment to doing everything possible to fight the FDA’s Deeming Regulations. This flyer, and that button at the top of our website, are the physical manifestations of that promise.

We would like to thank everyone who has seen these calls to action and taken it upon themselves to support the Right To Be Smoke Free Coalition. Last week, we saw a direct confirmation that vapers, as a community, can influence the Deeming Regulations. This was a direct result of your contributions.

A lawsuit was filed on behalf of R2BSmoke Free and the entire vaping industry by the law firm Keller and Heckman. Their official statement can be read below:

On behalf of the E-Vapor Industry, tonight we filed the attached Complaint in the U.S. District Court for the District of Columbia challenging portions of FDA’s Deeming Regulation and the Tobacco Control Act on various constitutional and administrative grounds.  The named Plaintiffs in the lawsuit are:

  1. Right To Be Smoke Free Coalition (www.r2bsmokefree.org)
  2. American E-Liquid Manufacturing Standards Association (www.aemsa.org)
  3. American Vaping Association, Hoboken, New Jersey (http://vaping.info/)
  4. Electronic Vaping Coalition of America, New Berlin, Wisconsin (http://evapingcoalition.org/)
  5. Georgia Smoke Free Association, Fort Oglethorpe, Georgia (http://www.gasmokefree.org/)
  6. Kentucky Vaping Retailers Association, Inc., d/b/a Kentucky Smoke Free Association, Louisville, Kentucky (http://www.kysmokefree.com/)
  7. Louisiana Vaping Association, Chalmette, Louisiana (http://laecr.org/)
  8. Maryland Vape Professionals, LLC, Baltimore, Maryland (https://vape-professionals.myshopify.com/)
  9. Ohio Vapor Trade Association, Miamisburg, Ohio (http://www.ohvta.org/)
  10. New Jersey Vapor Retailers Coalition, Roseland, New Jersey (http://www.njvaporcoalition.org/)
  11. Tennessee Smoke Free Association (http://tnsmokefree.org/)

Also supporting the lawsuit are the Smoke-Free Alternatives Trade Association (http://sfata.org/), the Consumer Advocates for Smoke-free Alternatives Association (http://casaa.org/) and NOT Blowing Smoke (http://notblowingsmoke.org/). 

In the Complaint, we argue the following:


(1)    Count I – Violation of Administrative Procedure Act – Grandfather Date:  FDA had the authority and the statutory duty to establish a new Grandfather Date for e-vapor products (ENDS) or apply its enforcement authority so that some ENDS manufacturers, including e-liquid companies, would have the opportunity to forego the Premarket Tobacco Application (PMTA) pathway and avail themselves of the option to submit Substantial Equivalence (SE) Reports.  By not doing so, FDA violated the Administrative Procedures Act.


(2)    Count II – Violation of Administrative Procedure Act – Pre-market Authorization Process:  FDA was obligated to consider the continuum of risk of tobacco products and exercise flexible enforcement authority mandated by Congress, instead of a “one-size-fits-all” regulatory regime treating ENDS the same as cigarettes and other harmful products and forcing ENDS manufacturers into the PMTA process, which will all but ban the entire e-liquid and device categories.  Accordingly, FDA’s application of the PMTA process to ENDS products violates the Administrative Procedures Act.


(3)    Count III – Violation of Due Process and Equal Protection Clauses – Tobacco Control Act:  In the Tobacco Control Act, Congress made clear that different tobacco products present different risks and that FDA should exercise its enforcement authority in a flexible manner.  But if, as FDA argues, the Agency is mandated to enforce a “one-size-fits-all” regime to all products, including less harmful ENDS, than Congress did not provide FDA with the necessary tools and regulatory flexibility to achieve the Tobacco Control Act’s stated goals, which include allowing newer and safer products to enter the market.  As a result, the Tobacco Control Act is unconstitutional under the Due Process and Equal Protection Clauses.


(4)    Count IV – Violation of First Amendment and Administrative Procedure Act – Ban on Free Samples:  FDA does not have a substantial interest in prohibiting access to free samples of ENDS products by – including taste testing e-liquids in vape shops.  The complete ban on free samples does not directly advance the government’s interests.  There were more narrow options available to FDA to advance their stated interest in preventing youth access while still allowing vape shops and others to market using free samples.  Accordingly, the total ban on free samples violates the First Amendment and the Administrative Procedures Act.


(5)    Count V – Violation of First Amendment and Administrative Procedure Act – Modified Risk Tobacco Products:  The Modified Risk Tobacco Product (MRTP) provision of the Tobacco Control Act, as applied to ENDS products – which do not produce smoke, combust e-liquid when used as intended, or produce aerosol that contains the harmful substances found in tobacco smoke – does not advance any purported government interests (which focus on traditional tobacco products), and captures commercial and non-commercial speech that is clearly not misleading (e.g., smoke free claims). By applying the MRTP provision and its extensive review process to ENDS products, FDA violated the Administrative Procedures Act and the prior restraint doctrine.


(6)    Count VI – Violation of Administrative Procedure Act – Definition of “Tobacco Product” and Application to ENDS:  FDA considers a broad range of ENDS products to be regulated as tobacco products or “components or parts,” including software that operates devices, batteries, displays, tanks, etc.  FDA intends to regulate these products as tobacco products despite the fact that they do not contain tobacco, are not derived from tobacco and are not components and parts of an actual tobacco product.  There is nothing in the legislative history of the Act, and FDA has provided no supporting rationale, for why these items should be regulated as tobacco products merely because they are used to consume the product.  Accordingly, FDA’s application of the Tobacco Control Act’s definition of “tobacco product” to certain ENDS is unreasonable and unlawful under the Administrative Procedures Act.


(7)    Count VII – Violation of Regulatory Flexibility Act – Unlawful Cost/Benefit Analysis: The Regulatory Flexibility Act requires administrative agencies to consider the effects of their regulatory actions on small business entities.  FDA failed to consider significant alternatives, including, but not limited to, the impact of any compliance period on the ability of small entities to successfully navigate the PMTA process given that FDA concedes that there are no long-term clinical studies or other data necessary to support such applications.  FDA only considered several, modest alternatives focused on discrete issues like labeling burdens.  The Agency did not make a reasonable, good faith effort to consider alternatives that would have an overall impact on all small entities.  In short, FDA substantially overestimates the benefits of the Deeming Rule and underestimates the costs.  Accordingly, the Court should take corrective action, set aside and remand the Deeming Rule to FDA, and defer enforcement until the Agency complies with the Regulatory Flexibility Act.


(8)    Count VIII – Violation of Administrative Procedure Act – Unlawful Cost/Benefit Analysis: The Tobacco Control Act makes clear that FDA was required to adequately consider the costs and benefits of the Deeming Rule.  As with the Regulatory Flexibility Act, FDA failed to consider regulatory alternatives, such as an extended compliance period, that would have significantly increased the chance that ENDS manufacturers would be able to comply with the PMTA process, thus avoiding what will be close to an effective ban on ENDS products.  The Agency also failed to properly estimate key factors necessary to an adequate cost/benefit analysis, including the number of entities and products affected, as well as the number of PMTA applications that will be filed.  For many of these numbers, FDA did not adequately explain or support its conclusions. As a result, FDA violated the Administrative Procedures Act and, therefore, the Deeming Rule must be remanded to the Agency so that a proper cost/benefit analysis may be conducted.

This lawsuit is a huge development in the fight against the FDAs Deeming Regulations. We are proud to support the Right To Be Smoke Free Coalition and we thank all our partners across the industry that are taking up the fight. This battle is not over. We will win. This industry deserves reasonable legislation, not a gross overreach of governmental power. If you would like to donate to the R2BSmoke Free Coalition, you can do so on their website.

Kenny Spotz

Kenny joined the Mt. Baker Vapor crew in November of 2014 because he was excited by the idea of working in such a cutting-edge industry. Beyond MBV, he's an avid musician, writer, and hiker.

  • Elisabeth says:

    I am happy to see that they are taking some stronger, bolder action. I have followed these guys and sent my state reps letters letting them know how I feel. I have gotten letters back telling me that these guys had already made up their minds and were moving forward without considering real facts and the opinions of others. They would rather move forward with enacting this law to make the large group of bias, panic-driven supporters happy, as they’re a majority.
    It’s crap, and I don’t think we’ll see anything go our way. But fingers crossed. I really hope this makes the issue clearer to our lawmakers.

    • mark grosse says:

      when I wrote my congressman about what is going on , he informed me for the last 3 year to four years , many in the Government as well as Tobacco companies have acting as buyers buying E-juices and from some vape place they were selling crap and when they buy the stuff they use it as a tool some stuff they got was perfume and tasted like perfume some place make excellent e-juice and you can vape it it was cured right and when the person received it it was stuff that tasted bad …………every day Government people act as buyers even men of law enforcement and they are going on the basis on what they buy from the bad places that make junk e-juice ..they have to have a cause , Tobacco companies are loving it because they see how much money is being made from e-juice and want to quash the competition and take it over ………I vape myself and sometimes I ordered e-juices from some places and it taste terrible and the more you let it steep the more perfume smell it gets …I order from good places that pre-steep their juices and when a person receives it it is vapeable …………so sometimes vaping companies have to wonder who is ordering from them just in case , because it could be a Government person or law enforcement and each uses what they receive as a case to bring against the vaping stores and companies as we see .please note / I am repeating what was told to me by my Congressmen in a letter he said a lot more but maybe next time I will post it

      • Ted Marple says:

        Hi Mark,

        Thanks for sharing, this is very interesting. It is amazing what lengths government will go to in an effort to “catch” the unlawful. If the FDA really wanted to conduct an honest, fact based study they would contact the producers of the goods in question. What is the goal of the cloak and dagger approach to conducting a scientific study for the benefit of the consumer? Who benefits from this action? Seems to be the only group with the power to wield such sweeping influence would be a historically powerful lobby that rhymes with robacco….

      • Gregg says:

        I am surprised at the absence of briefs regarding “Friends of the Court” by the scientific or medical community for the plaintiffs. It is accepted fact that majority of politicians and Judges are corrupt. I apologize Mark for using your reply option to write my remarks

  • Rob A says:

    It’s great that we won’t be going quietly into the night. I’ve written my Congressman since he is one of the people on the list. Once I get a response, I’ll post it.

    • Tim Mechling says:

      Thanks, Rob! We definitely need more people like you in the vaping world!

    • Aaron Silverman says:

      Prohibition never works history will show the only ones to lose from this is my government good luck making up the tax revenue loss and paying unemployment stupid people when will you learn we don’t care or respect what you say due top the poisons you have currently legalized you no longer have my respect or support. Ask alcohol and marijuana losers prohibition never ever has worked nor will it now you will only create a whole new generation of people who shit on you pointless opinions based on lies not facts respect is earned Mr. FDA not forced I hope the tax revenue loos puts your FDA employee out of work. So asthma inhalers with PG oil, Aspartame Donald Rumsfeld company stay legal poison, the rat poison in my water and tooth paste really think the whole world has lost its mind and forgot common sense you’ll never stop me unless you want to kill me Vape on

  • martinh2334 says:

    We all need to pitch in to fight these crazy regulations

    • Josh Hanna says:

      The more people that pitch in, the more help we get, the better chance we have of beating these ridiculous regulations.

  • Matt S says:

    I don’t understand why vape eliquid manufacturers are not creating 2 product lines. 1) ecig juice without nicotine, and all associated atomizers, batteries, etc. 2) separate nicotine only juice for mixing. Then only the nicotine supplier has to comply. If I understand things correctly…

    • Nikko says:

      I have wondered that myself.

    • Tim Mechling says:

      The sale of liquid nicotine requires special licensure that most civilians are not qualified for. Your best bet is to buy unflavored PG/VG/nicotine liquid in our DIY section.

      • Wes H. York III says:

        My question is why doesn’t Nicorette Gum and Lozenges which has the same step down in levels that E-cig do?

      • Jason says:

        I was told there is no more diy stuff. No more concentrate flavors or bottles of unflavored liquid through mt baker. I’ve been using both for a couple of years and tried to reorder and was told it is no longer available through mt baker.

      • Gary Hurlbert says:

        This law worried me a bit, so I looked into it. From what I understand, it has no effect on hardware, but it does make selling possibly hazardous juice illegal. Such as juice from China that gave us popcorn lung.

        Other than that, it would be tough to criminalize vaping. I just had a thought, they could attempt to make pharmaceutical nicotine a prescription drug. But, this would have a traumatic effect on tobacco sales too.
        The UK can now purchase over the counter vape cure all’s. Soon, many prescription drugs will come in vape form over there. It’s coming, we’re just a bit slow here in the US when it comes to stepping on anything as big as tobacco’s toes. Soon, the benefits of not caving will become undeniable as far as vaping goes.

        • Tim Mechling says:

          I know that some big drug companies have released nicotine “nebulizers,” which are similar to vape rigs, but way less popular/effective. Check them out, they’re sort of laughable.

      • Cynthia Spellman says:

        In my last shopping experience, I was unable to find your unflavored nicotine juice. The only items shown in your DIY section were empty containers and caps. Do you still sell the unflavored nicotine juice? And the flavoring?

    • D. McCumber says:

      Because the “all associated atomizers, batteries, etc.” are still going to be regulated. The FDA has grouped all of these items into one, no matter what you use it for. So it doesn’t help manufacturers to incur these additional costs in manufacturing when the batteries, atomizers, etc., are still going to be included in these limitations. Just because it makes some sort of sense to vapers doesn’t mean the FDA won’t stick their hands in it. Check the “Count IV” of the lawsuit above, saying this very thing.

    • I was told the regulations will effect all ejuice – even the nicotine free. This really gets me since I can going buy candy add bubble gum cigarettes that look like cigarettes add even let you blow powder out them to look like smoke, they’re marketed for children and extremely cheap. Where’s the FDA on that? Guess it doesn’t hurt big tobacco. I’m going to start making my own since they can’t really make pg and vg illegal and the flavors are food grade anyways…

    • Debbi Morton says:

      I use the non nicotine juice, Great point you made! Helps the urge to smoke cigarettes. I tried everything my Doctor threw my way…made me act crazy, or just didn’t help at all. Thank you!

  • Joe says:

    Keep fighting the good fight

  • Bobby McArthur says:

    Thank you for helping supply information needed. At least we can to help slow down the take over of the Vape World!

  • Kim Blackburn says:

    Why vaporing? They are going to force small shops with large inventory out of business with new rules and regulations. Why don’t they go after number 1 problem everywhere called Heroin or Meth. Such a shame, we have to fight this

    • Ted Marple says:

      Hi Kim,

      Why Vaping? That’s a great question. As a Mt Baker Vapor team member I can’t completely answer that but I can say that Mt Baker Vapor is all in on the FDA fight. There is too much as stake to simply say okay and fall in line.

      • Rick says:

        I’ve said it before, and I’ll keep saying it. Big tobacco has their hands in this somehow .

        • Ted Marple says:

          Hi Rick,

          The FDA like so many American governmental agencies, do NOT make policies based on public opinion or what is best for the consumer. They do not follow the lead of the voters and have the authority to completely disregard scientific testings or findings to promote their own agenda. It pains me to type this but it is the unfortunate reality that we as citizens are forced to live under.

  • Billie J Renn says:

    I don’t know what all I’d going on,but I have vaped for over 3 years. Before I started to cap I smoked,I was sick all the time with chronic bronchitis and pneumonia, but I don’t have any of that anymore! I don’t want to go back to smoking, and being sick again. I don’t have money to help the fight but I helped many people stop smoking and being sick by turning to vaping. Please keep the fight going! You are good people to stand for are rights!!!!

    • Ted Marple says:

      Hi Billie J,

      I hope you aren’t ever enticed back to smoking. We will continue to fight the FDA for as long as necessary. If you would like to do your part I would suggest emailing the elected officials in your state and let them know how vaping has positively effected you and the people you know. Thanks for your feedback!

    • Paula G-S says:

      Sadly as my local supply shop went out of business due to this crap and being unable to afford shipping to order online I’ve ended up going back to cigs. I’ve got a very little juice left that I’m making last as much as I can!
      This whole thing is big tobacco being pissed cause they’re losing bucks as we quit! Assholes.
      Rock on, guys!

      • Ted Marple says:

        Hi Paula,

        Unfortunately it appears as though the FDA has no regard for the industry, the consumer or the science behind vaping. The new regulations have been devastating for many. We are committed to fighting the FDA at every turn!

    • Betty Beck says:

      I am 60 years old along with my husband. We quite smoking only by vaping. Every year we would have bad lung infections. After our doctor suggested vaping no more lung issue’s vaping is the only thing that saved us was the vaping and saves the taxpayers money since we no longer have health problems. Wake up America

  • Tonya Bracknell says:

    I had a heart attack at age 38 due to smoking cigarettes!!! I’m lucky to even be alive but I have been vaping for over three years and the damage to my heart and lungs from smoking has greatly changed!! My Dr’s let me vape inside the office anytime I need to and since beginning to vape I started on 32 mg of nicotine and now 3 plus years later I’m also nicotine free!! I want me storytold cause this could happen to anybody still smoking cigarettes so vaping has essentially saved my life!!! I never want to go back to cigarettes. My dad, son, and daughter in law have also quit smoking since I introduced them to vape!! My father was 65 when he quit and had smoked for over fifty years and his health has also greatly improved. Please keep up the fight because people like me need to keep vaping! My life literally depends on it. Thanks

    • Ted Marple says:

      Hi Tonya,

      Thanks for sharing your experiences! Your’s is the kind of story that needs to be front and center of your state’s elected officials. They need to know the positive stories that our industry has helped to create. There’s no discounting the personal strength it takes to break the addiction that comes with cigarettes. I hope you will take a moment to reach out to the elected officials in your state to voice your opinion and experiences. Your story illustrates what can happen when common sense wins out over fear.

    • Connie says:

      I just signed petitions and I feel the same way you do and will donate to those supporting our cause.

  • Larry says:

    This is bullsh*t, I started vaping in June of 2014, I was an avid non filter and smoked 2 packs of cigarettes a day. After I started vaping I stopped having the smokers cough. I smell so much better now. I will never go back to cigarettes, vaping made quitting cigarettes easy. Vaping also opened my eyes to how bad and disgusting cigarettes truly are. My fiancé was able to quit smoking all together after just 7 months of vaping. These FDA regulators are not looking at facts, and are blinded from the truth. There are 700 chemicals in an unlit cigarette, 7,000 chemicals in a lit cigarette versus 5 in e-juice. Why are they taking a helpful tool that is definitely the lesser of the two evils by far? Are the cigarette companies losing money? Is the FDA, part of our federal government, really supporting fear?

  • Laura says:

    Thanks for all the work you do to keep us informed on the FDA deeming regulations. I have been vaping for a few years now. And I haven’t been better. MBV thank you for everything…

    • Kenny Spotz says:

      Keeping our customers informed has always been a huge priority, thank you for recognizing that! We’re going to do everything possible to fight these regulations.

    • Ted Marple says:

      Hi Laura,

      Thanks for the feedback. We are glad to join the fight on behalf of our customers. The Deeming Regulations are the classic governmental over reach. We are pleased to hear you’ve made the switch from cigarettes. It is stories like your’s that have made addressing the FDA our highest priority.

  • Larenda says:

    Big tobacco is killing all of their long time, loyal customers. And what would be their new customers are choosing the much safer, and highly personalized, vaping option. Both big tobacco and the government are losing money hand over fist in revenue, in both product and taxes. I smoked for 26 years, and I am very thankful for the vaping industry. Keep fighting the good fight!

    • Ted Marple says:

      H Larenda,

      You are correct. And thanks for the shout out! We are in the FDA fight for the long haul because it’s too important to us all!

  • TJ Weinheimer says:

    Yes, this is about money. Millions estimated lost by big tobacco companies as they did not buy into the vape hype when it was first introduced, and now they want it shut down. Keep signing people, we need to keep the right to vape alive. I smoked for a long time however because of my asthma I needed to quit. Vaping is perfect: I still get a little hit of nicotine and none of the nasty side effects of a cigarette and a pleasant smell. I can do this in my house without damaging my walls; without causing harm to my animals; without running the risk of setting my self on fire. Every new “fight” I can find I send to my local vape supplier; too important for even one state to let this go. I am in AZ and we have joined the fight!!!

    • Ted Marple says:

      Hi TJ

      Its always about the money. Millions lost by companies in sales, millions spent to get compliant and who knows how many lives lost. This is why the fight against the FDA and the Deeming Regulations are so important to so many! Fasten your seatbelt, it’s just getting started…

  • Barry says:

    IMHO, there is only one massive driving force and reason behind this nonsense; the Tobbaco Lobby. This is about nothing more than money (i.e. profits), power (to squash competing independent small businesses), and control (over the legislative bodies) in order to protect big tobacco. The four companies—Philip Morris USA, Reynolds American Inc., ITG Brands, and Liggett—accounted for about 91% of U.S. cigarette sales. The amount of profits these tobacco companies make annually is simply mind-boggling; 264 BILLION cigarettes in 2015 according to the CDC. That’s 13.2 BILLION packs at an average national price of $7.81 per pack, translating into a sales volume of just over $103 BILLION dollars. Last November, big tobacco announced a price increase of $ .07 per pack; doesn’t sound like much but that’s almost another cool BILLION in their pockets with nobody to stop them. And this doesn’t even include the profits from the 13 BILLION cigars and the 128 MILLION pounds of smokeless tobacco. In 2013, tobacco companies spent about $9.5 BILLION dollars marketing cigarettes and smokeless tobacco in the United States. I hate it just the as much as the next red blooded American, but the sad fact is that BIG MONEY controls essentially everything in this country today including politicians, who are bought and sold just like a pack of cigarettes (irony intended). The explosive growth of the vaping industry over the last 7-8 years has these giants concerned, primarily because they are completely out of touch with the industry and they are not positioned to remotely compete. And, they obviously have no vested economic interest in entering the vaping market; they would much prefer to maintain their stranglehold in order to perpetuate their current nicotine monopoly. And the fact that combusted tobacco products are far more addictive only fuels their desire for more consumption and more profit, regardless of the massive and costly health detriments of tobacco smoking documented by our own CDC. It makes no logical sense, but it makes lots and lots of profit. Talk about being “sold out” by our own; it’s absolutely disgusting and shameful that those we have placed in positions of power have abused it time and time again and they will continue to do so as long as they can get away with it. The only immediate way to crush what many consider to be criminal enterprises would be to convince a majority of tobacco users to simply quit and immediately start vaping, thereby dealing an unstoppable blow to the only thing that will truly hurt them; their bottom line. And that doesn’t seem a very likely or plausible reality. In the mean time, I applaud Mt. Baker Vapor as well as al the others who continue to fight, not only for every American’s right to choose, but for their right to take direct control over improving their health, wellness, and eventual lifespan through the use of an indisputably safe and effective tobacco alternative. Sic Semper Tyrannis! God Bless.

    • Connie says:

      Well said and I will donate for the cause. Those sick FDA folks and the big 4 tobacco ghouls should go to hospitals, nursing homes, rehabilitation facilities, emergency clinics, doctors offices, etc. and see the folks dying, not all with lung cancer but most with COPD and emphazhema caused by years of cigarette smoking. It is a slow and horrible death. I know as I watched both my parents die in the last two years because of COPD and emphazhema, which prompted me to quit smoking and turned to vaping. I will do all I can to keep those sick, greedy, foul and inhumane FDA bast++ds and the big tobacco ghouls from taking from me and so many others, something that well may save us from a horrible death. God Bless and continue the FIGHT!!

    • Mary says:

      Well said. Lobbyists in Indiana from tobacco and pharmaceutical companies camped out for six months (at least that’s what I’ve heard) to railroad far over reaching laws. I’ve sent mail to representatives and only gotten generic responses back that make me realize they don’t have a clue or care. Only seven companies are now allowed to make crap juice and guess who owns most of them! The little guy is out of business now.

  • Niki says:

    Thank God for you guys leading the fight! Is there a petition going around yet for all of us vapers to sign saying we oppose fda’s decision?

  • Stephanie says:

    As someone from California (I can’t wait to leave this god forsaken, controlling state!!!!), I cannot tell you how upsetting it is for me to not be able to order e-juice from you anymore! It is my favorite, I don’t like anything else and I am almost out of what I have. Our tyrannical government will ruin my vaping experience. I’ve tried out other brands and they don’t compare. I don’t understand why the age verification process can’t be done for California. But thank you for doing what you guys do. I will miss ordering your products for now. When I am able to move, which I absolutely will when I can – I hate the tyranny – I will order from you again.

    • Ted Marple says:

      Hi Stephanie,

      Good news! You don’t have to wait! You can still order in California but you will have to go through the age verification process each time you order (same for Washington state). Don’t let tyrannical government stop you from exercising your legal rights!

  • Shawn Whitmore says:

    F.D.A. …. Fucking Dumb Asses?

  • Steve Willing says:

    This is the text of the “optional” portion I have used to sign petitions with. Feel free to use any or all parts of which in constructing your own petition letters.
    I have used EVERY nicotine delivery method I know of, bar none, for nearly three decades. From tobacco leaf to snuff, cigarettes, cigars, pipes, gum, lozenges, patches, OTC, prescription,…you name it. Chantix, hypnosis, acupuncture, cold turkey, and other methods to quit. Until 2.5 years ago I always returned to smoking tobaccos. Once I started vaping, it took me less than 2 weeks to cease smoking. My lungs have cleared, I feel much healthier, no longer want to return to smoking, my friends and family are thrilled, and I have incrementally decreased my daily nicotine intake by more than half. I have the wide variety of available vapor products and the free market to thank for ALL of that. Not the government.

    We (more of the public than politicians like to believe) know that the attacks on big tobacco, the sin taxes and law suits, the public service messages, etc. is not about wanting to improve the health of citizens. Never was. It was, and continues to be, all about putting more tax money in the coffers. We know that the vaping revolution has reduced the number of smokers to an all time low and it has cut deeply into your beloved revenues which is the TRUE reason you are now going after the vapor industry and its customers. It is just killing you all that you’re not getting a piece of the pie. Meddling with the industry will do NOTHING to improve the health and welfare of the taxpaying public so don’t dare proffer that as your goal. And NO, it is not all “for the children”.

    People will always want to use nicotine and find a way to get it. Taxing the vapor market into oblivion will not stop that any more than Prohibition ended alcohol use. Do I need to go down the laundry list of similar analogies? I should think not and I am limited in my number of characters I can use here. Not to mention, that if you’ve actually read this far, I’ll be amazed, delighted and very appreciate for your time.

  • Matthew Perez says:

    As a Shop Manager for 3 years, it’s my duty to assist our customers with anything regarding vaping. With these new laws, I feel as if they’ve taken my right to help. Serving customers under these ridiculous regulations makes me discouraged. But, I’m not giving up.. #vapeon!

    • Ted Marple says:

      Never give up Matthew! This governmental over reach has had wide ranging effects on us all. All of us, manufacturers and consumers must band together to overturn this unfair legislation. Every voice is needed to ensure we are heard loud and clear!

  • Shawn Whitmore says:


    I just signed the petition, “U.S. Senate, U.S. House of Representatives, President of the United States: Reject the FDA’s Deeming of Vapor Products as Tobacco Products.”

    I think this is important. Will you sign it too?

    Here’s the link:




  • J.W. Thompson says:

    The FDA regulations will only drive another business out of the country which will not have to comply with the new regs—-China will happily supply the equipment and juices to people who wish to continue to vape.

    • Josh Hanna says:

      They will also have to pay for the PMTA testing. It is very unfortunate, and we wish the FDA would make less ridiculous regulations.

  • Bill says:

    Just signed the petition as follows:

    I am no hypocrite and was never one of those people claiming to want to quit someday. I enjoyed it. As a result smoking tobacco products all my life caused two heart attacks and heart failure. The use of Electronic Vaping Devices have helped to divorce myself of all tobacco products and now I am nicotine free but still enjoy the much safer and healthier alternative of vaping non nicotine products using electronic vaping devices. While still not healthy can one imagine where I would be had I not found vaping devices?

    Why would the Fed vis a vis the FDA have any desire to remove, control or restrict anyone’s right to participate in something that is healthier, can help people rid themselves of the unhealthy tobacco habit and that does not harm anyone else?

    Without conclusive medical or scientific testing or evaluation that produces evidence of harm especially as related to the much more harmful use of tobacco products my rights to this activity are going to be restricted by over regulation that will create higher prices and reduced availability. These actions will undoubtedly increase costs by placing unnecessary regulatory burdens on all levels of the electronic vaping industry. These costs will be passed down to many of those least able to absorb these increased cost including the consumer who may then have to resort back to the far more significant health risk of tobacco use. Is the FDA fix worse than the issue they propose to fix? One cannot know for sure but certainly can suspect it may well be!

    I ask you to provide reasonable regulation, ie, age limits but not overly restrictive controls and allow those of us past the age of majority to partake in an activity that has helped not harmed us. One that has allowed us a gateway to leave the more harmful tobacco products for the far safer use of vaping products.

    It seems antithetical that the same government that puts chlorine and the waste product of the aluminum and fertilizer industries, aka fluoride that many countries ban the use of, in our drinking water wants to control or restrict the use of electronic vaping devices that are truly helping many Americans move to a safer lifestyle.

    We The People appreciate any government regulation when it is legitimately in the public interest of safety, health or welfare but this is not what this is. This is reaction to appease a tobacco lobby and an over abundance of the desire to grow government control into parts of our lives where it does not belong.

    Please reconsider adopting some common sense guidelines, rescind the needless over regulation and allow us to enjoy our escape from the real harm that is tobacco products.

    Thank you!

  • Michelle R. says:

    So, odd question. I live in Oregon and pot is legal, mostly. Some of these devices are used to smoke extracts and such. If they are being used for another purpose, how can they be a “tobacco” product only and be taxed and regulated as tobacco products when tobacco is not being being used in them?

    • Josh Hanna says:

      This is an answer that does not make much sense but it is the answer. The FDA said so. It is ridiculous they can do this. They said coils and cotton put together is a tobacco product also.

  • Eric says:

    Even if the government out regulates vape, all it will do is shift to home made black market dealers to get profit. I hate to say this but doesn’t surprise me coming from big brother, which is why I’m voting for Trump to deregulate businesses such as this industry!

    • Josh Hanna says:

      E-liquid will be around somewhere. The problem with the black market is you do not know if it is laced or safe to vape. They are making this a dangerous situation for everyone!

  • SHARON A EFT says:

    Exactly, The Blu e-Cig is there made by the big tobacco company’s There e-liquid cartomizers have nicotine in all various strengths, and flavors so what is the difference? It all stems from the big Tobacco co. who are losing money because so many people have stopped using Tobacco Cigarettes and the FDA is in there pocket there fore anything other than the poison that the big Tobacco CO.’s have to a new alternative that has become a thriving business has no place in our country because Vaping making more money than the Big Tobacco/Big Pharma/FDA! The FDA survives on the money the Big CO’s give to it
    * ig ) that we have one of the highest corrupt government and it’s officials, in the world, any person who has get the people’s votes to be put an assigned to all the senate chairs, are so corrupt it just makes me want to throw-up , Sorry if that bothers anyone, but it’s exactly how it is, And it has to stop!!! So getting all the voices and this Lawsuit ang getting as many states in the nation we will have to make the FDA follow the same rules as they were put in place! WE THE PEOPLE are going to need as many people as possible to fight with everything we got to show this Nation that We The People have the right to have at our fingertips the same rules and regulations that are given to the industry of Tobacco Company’s, that have proven that what is put into a combustible and cause of all Cancers.
    The Vaping industries has NO combustible or any Cancer causing or other Healthcare issues like Lung Cancer, Heart related problems and I am one of them, Kidney Cancer, Liver Cancer very painful deadly consequences. Why does the FDA give such liberal regulations but yet try to destroy at least 3-4 Billion Dollar Industry??? This just really makes me so angry!! Vapors Unite and bust down these walls that the FDA is so willing to create the FDA needs to grown some balls and tell the Bog Tobacco Industry this all needs to be on the Merritt of what is fair to the Vaping Industry and Destroying an entire Industry given by False facts, not following protocol, filing false documents, just plain lying, and I would bet money that you will find vapors that the FDA employees, but I am sure those people don’t admit they themselves are vapors!! I urge every vapor who cares weather vaping is here to stay, wite letters to your senators, assemblyman, governors, any person you can write to and if you get a negative reply write him/her back, write back, and point by point prove what he said is wrong, if you get a positive reply, then urge that person to go to who ever they have to get on board join the R2BSmoke Free Coalition and to get your state on the Lawsuit Challenging FDA Deeming Regulations!

    • Tim Mechling says:

      Thanks for supporting the R2BSF! We need all the grass-roots support we can get!

    • Ted Marple says:

      I couldn’t agree more on all points! You talking about a agency (like SO many others in our country) that employs high level individuals that worked IN the very industries they are supposed to be investigating. Routinely people go from working FOR the FDA only to take positions for Big Pharma or Big Tobacco. They work both sides of the isle and are for sale to the highest bidder. It IS in fact a broken system where an agency is lobbied and influenced by moneys that very few Americans will ever see pictures of, let alone make in a lifetime. Science and public sentiment are far down the list of priorities. It is our right as citizens to hold our elected officials accountable for the state of things today. The bottom line is money talks and the only way for a private citizen to fight back is with their vote.

  • edward fieldus says:

    After 60 years of smoking (age 9 to 69 ) and over the last 20 years of trying unsucsessfuly using nicotine gum-patches & inhalors that contain 15mg each of nicotine and recomended use of 12 per day, the same nicotine as is in e-cig juice, I started on 24mg juice as I was a chain smoker of tobacco then over the next 12 months tapered off to 3mg where I will stay as I like nicotine and I am sure 3mg a day wont hurt me considering nicorette advise using 180mg of nicotine (the same as in e-juice ) in the same day with our parlamentarians blessings yet they say I shouldnt have this, WHY?.
    Why not allow the vaping industry to flourish and form a new industry to take the place of the tobacco industry and employing the tobacco workers to new jobs as the tobacco industry changes to a vaping industry.
    Removing ALL restraints from vaping and allowing manafacture of vaping stuff in our country would work and we would have a healthier population!.

    • Josh Hanna says:

      The real reason why they do not want the vape industry to flourish is money. There is a lot more money in the medicine of cancer and tobacco.

      • Dave from San Antonio says:

        And let us not forget…’taxes’. This whole thing, I think, boils down to money…being lost on taxes…and, of course, the lost revenue to ‘Big Tobacco’.

  • Bob Morgan says:

    I am a 71 year old vapor. Eight years ago, I was struck down with a stroke due to smoking cigarettes. My son-in-law introduced me to vaping in an effort to stop smoking the coffin nails, and I am still here to say that it worked almost immediately. From a pack/pack and a half a day habit to none done cold turkey was nothing short of a divine intervention, because I have used pipes, chew, patches, and gum in the past to stop smoking. None of which worked.

    Now that I am an eight year vapor, clear of my old habit, healthy as any 71 year old can be, lungs operating at 100% O2 saturation now with no COPD, no annual bout of pneumonia, smelling better, tasting food like food should taste, and here comes along the FDA. They, who are responsible for our health, bring some bullshit regulations to blindside a product on our “free market” that works toward a more healthy lifestyle. Smells like Big Tobacco money to me. But who am I? A nobody! Just an old man, in a small town in Georgia, and nothing more than a cry in the wilderness.

    I am now retired, on a very limited income, but have a computer with Internet access, and a somewhat limited command of the English language; thus will go forth in the fight that if you want to get a vote from me, or any other human being with any common sense, you best be forthright positive toward vaping. I will put forth this message to all that I can. Your cancer money cannot buy this or silence this message as We The People are going to overcome.

    Vapors also Vote!

    • Tim Mechling says:

      Bob, thanks for your heartfelt insights! It’s very true that lobbies influence legislation at an obscene level. Corporations have way more influence than the working people. Since corporations have “free speech,” and money has been deemed “speech,” and unlimited flow of capital piles into our political/legislative system.

      I salute your gumption, and hope your keep vaping in the free world!

  • Sandra Marino says:

    I’ve been trying to go to the R2Bsmokefree website to sign the petition, and haven’t been able to. Is the petition still online?

  • Heather Smith says:

    Thank you Mt Baker Vapors for participating in this fight. Keep in mind that it’s not just the tobacco industry that wants to get rid of vaping. The American Heart Association (which I believe is also a government sponsored group) speaks out against vaping saying it’s more dangerous than smoking cigarettes. The government and all its minions make big money by keeping people sick and addicted. They tell us it’s for our protection when in fact it’s keeping their pockets padded with cash…cash for doctors, prescriptions, increased insurance premiums, hospital stays, etc. The list goes on and on just like the corruption in our government. Vaping is causing more than just the tobacco industry to panic over profits. Thank you again for taking a stand in this fight.

  • Dave from San Antonio says:

    Before the FDA makes a ‘ruling’ on all of this…it needs to do a “clean-up” of it’s own. How many drugs or medical products have turned into the “bad drug” or device that we see on the TV? All of these products were “vetted” by the FDA as safe. Although, under staffed and having pharmaceutical companies misrepresent their product and research results which are only excuses…the FDA is still responsible for the safety of these products. There has been no “hard evidence” that vape products are a danger…unless of course an individual buys a liquid that is not USP grade or has been made with non-USP grade ingredients.
    Besides…we don’t need any more of a “Nanny State” than we already have.

    • Kenny Spotz says:

      Preach, Dave! We hope you’ve taken the steps to let your government officials hear your feelings regarding vaping regulations. The only way we can fight this injustice is by letting our voices be heard.

  • >