NEW FROM REGULATOR WATCH – Flavors Banned! – San Francisco Drops Hammer on Vaping
Here’s the latest from Brent Stafford at Regulator Watch:
California’s war on vaping escalated to new heights when the City and County of San Francisco rammed through new regulations banning all flavors, except tobacco, in e-liquids containing nicotine. The San Francisco flavor ban is part of a coordinated attack, targeting multiple jurisdictions at the city and country levels—executed by anti-vaping activists and progressive legislators.
It was a spring ‘swarm’ and vapers are sure to feel the sting.
In this episode of RegWatch we’ll take you inside the June 14th San Francisco Board of Supervisors public hearing where the total disregard for vaping as a tool for harm reduction could be tasted. Also, hear pro-vaping activists from CASAA.org explain the impact and what could be coming next—only on RegWatch by RegulatorWatch.com.
RegulatorWatch.com – July 1, 2017.
WEB EXTRA: Is Flavor Fight Winnable? – Web Extra
Getting a positive message about vaping out to the general public is a difficult task for the vaping industry.
What should vapers do to help win the flavor fight in California? Or, can they do anything at all?
Find out in this RegWatch Web Extra. Hear directly from Alex Clark, the Exec. Dir. of CASAA.org and learn what he thinks is possible and why he is hopeful—only on RegWatch by RegulatorWatch.com.
RegulatorWatch.com – July 1, 2017.
WELCOME MYVAPORSTORE!
I’d like to welcome MyVaporStore.com to the Trusted Vendors list (left sidebar and scroll down).
They’ve been around for a long time.
They have a ton of product.
I’ve quoted their prices on devices MANY times.
They always respond quickly to my questions.
I’ve heard good things about them.
Welcome and don’t let me down! 🙂
THE INNOKIN OCEANUS KIT & A NEW “NOT A” CONTEST!
A PBusardo Review – The Innokin Oceanus Kit
In this video we take a look at the Innokin Oceanus Kit and then give one away!
The Links:
Innokin
MyVaporStore
The Video:
*NOTE: Any use of these videos in part or in their entirety without Phil Busardo’s expressed written consent is strictly prohibited.
The Photos:
FROM TONY ABBOUD / VTA – FROM THE TRENCHES: VTA UPDATE
FROM THE TRENCHES: VTA UPDATE
June 30, 2017
Happy Independence Day!
THE FEDERAL FRONT
NEW HOUSE APPROPRIATIONS BILL FILED
This week, the House Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies marked up its FY 2018 Subcommittee bill (“Agriculture Appropriations”) giving FDA $2.8 billion in discretionary funding. Last year, we had to fight to get a change to the predicate date amended into the House Agriculture appropriations bill. This year, the Committee has included the predicate date change in the base bill. This is a significant development since our industry will not have to wage a fight to include it again.
In addition to including what we previously referred to as the Cole-Bishop amendment language, the new bill also includes a provision attempting to deal with a very real and serious concern in Congress about flavors, how they are being used by industry, and their perceived impact on youth. Specifically, the language would require FDA to engage in a rulemaking process pursuant to Section 907 of the Tobacco Control Act to address “characterizing flavors.”
The notion of flavors being addressed is understandably concerning to many. To be sure, it is of great concern to VTA which is proud to have on its Board and in its membership the largest flavor companies, e-liquid manufacturers and e-liquid distributors in the United States, as well as hundreds of vape shops. However, as with anything else, it is important to understand the complete picture before reacting. To that end, our federal team and Board dug in to determine what transpired and have begun to analyze what this might mean for the industry. There is more to be considered, but here are some initial thoughts.
The issue is real. There is no question that both Republican and Democratic members have serious concerns about this issue. Not only was it was raised at the confirmation hearing of Commissioner Gottlieb, but this new language was inserted by GOP members who controlled the drafting process. It is important for our industry to realize that we must address this issue or risk alienating even our most ardent supporters.
What the language means. The language does not “ban” flavors, it does not require FDA to ban flavors nor, for that matter, even consider banning flavors. If passed, the language would require FDA to start a rulemaking process on “characterizing flavors” within 21 months of the effective date of the Act and to complete the process within 36 months. Since the bill likely wouldn’t pass or be signed until January 1, 2018 – or thereafter – that means FDA would have to initiate its rulemaking process by September 2019 and somehow complete that rulemaking process by January 1, 2021.
What we know about the rulemaking process. Rulemaking is slow. Notwithstanding the fact that the bill, if passed, would require FDA to complete its work within three years, that is a very aggressive timeframe for notice and comment rulemaking. It is highly unlikely that FDA would be able to complete its work in that period of time.
The good news? Congress has the power to ban flavors – just as it did with respect to tobacco cigarettes – for the vapor industry. In this bill, not only is Congress essentially ceding its authority to the FDA, it asks FDA to focus only on “characterizing flavors.” Also, unlike Congress, FDA must establish a scientific basis for any product standard it publishes on characterizing flavors. In fact, the bill expressly requires FDA to issue a notice of proposed rulemaking, ensuring the lengthy notice and comment process.
Shoe on the Other Foot? Much like manufacturers, which are now being required to prove the positive individual and public health benefit of vapor products to satisfy the onerous PMTA requirements, in order for FDA to implement a regulation on characterizing flavors FDA must establish scientific evidence that addresses the “risks and benefits to the population as a whole, including users and nonusers of tobacco products, of the proposed standard” among other things. Doing so will be extremely difficult for FDA for a number of reasons, including the fact that the language is focused on “characterizing flavors.” As a point of reference, despite a significant body of scientific and survey data, over the past 8 years FDA was unable to establish a justification for banning the #1 flavor in the world to date – menthol.
Keeping all of this perspective in mind, VTA already is working on a solution that that will address the issues of greatest concern. We are evaluating options and determining how best to proceed to defend our industry. That said, our industry must have a serious conversation about how we are going to address this issue.
To that end, we are inviting you to join us in Washington, D.C. on July 18-19 for Vape & the FDA 2. There we will convene an all-star panel on flavors that will explain what “characterizing flavors” means, what the Agriculture Appropriations bill does, were it to be enacted as filed, how FDA would be required to address flavors, and how our industry can move forward in a responsible way to defend this vital part of our industry.
You want to be part of this conversation!
You need to be part of this conversation!
VAPE & THE FDA 2 INDUSTRY CONFERENCE!
Surviving & Thriving in
A New Regime for Vapor
One year post-Deeming.
A new Administration is engaged.
Deadlines are moving.
Congress is filing new bills.
What does it all mean?
Where is it all headed?
VTA’s Board of Directors, which has unparalled experience operating in a heavily regulated world, knows the information that you need and is putting together another industry conference that will address the biggest and most pressing issues facing our industry.
So, whether you are an e-liquid or device manufacturer, vape shop owner, supplier, distributor, or importer, this is a conference you must attend!
The room block is filling up fast!
JULY 17, 2017 – PRE-MEETING ACTIVITIES
Location: Americans for Tax Reform
722 12th Street NW, 6th Floor, Washington, D.C.
JULY 18, 2017 – VAPE & THE FDA 2 CONFERENCE
8:00 a.m. – Registration and Hot Breakfast
9:00 a.m. – Plenary Session Kicks Off
12:00 p.m. – Luncheon with Noted Speaker(s)
1:30 p.m. – Dual Manufacturer & Retailer Tracks
6:00 p.m. – Networking Reception in Lincoln Library
Location: Trump International Hotel
1100 Pennsylvania Avenue, NW, Washington, D.C.
JULY 19, 2017 – DAY ON CAPITOL HILL
with West Front Strategies
8:00 a.m. – Advocate Round Up & Assignment of Hill Teams
9:00 a.m. – Advocate Send Off
9:30 – 4:00 p.m. – Meetings on Capitol Hill
Last year’s Vape & the FDA Conference was great success, attended by 200 industry professionals representing 67companies from 26 states and 4 countries.
Check out this one-minute video to get a glimpse.
Don’t miss out this year! Register now by using VTA’s Conference Registration Portal where you can also access the hotel reservation information and the group room rate.
Our government affairs team will set up meetings with your Congressmen and Senators. All you have to do is register!
Please forward this invitation to anyone you think may be interested in attending!
Shortly we will be publishing a detailed agenda of the numerous timely topics that will be covered.
GET ON THE MAP!
In order to stand up and continue to push for regulatory changes at the federal level, and work to stop anti-vapor policies at the state level, VTA has created an interactiveVape Company Map Initiative to show regulators just who we are. This is being shared with White House, your members of Congress, and state legislative leaders to show them that vapor is in “every corner of every state”! Are you on the Map? If not, stand up and be counted today! This will take you less than 5 minutes – sign up now!
THE STATE OF THE STATES
Despite the fact that the legislative session has ended in several states, there are several local ordinances and rulemakings occurring in states which will not only affect your vapor business in the short-term, but will also set the stage for state legislative fights next session. There are a number of issues which we need vapor businesses to get involved in. We must get organized and fight back.
Moving Mountains: Pennsylvania Vape Association & VTA Move Tax Repeal Bill Out of Committee
This year the Pennsylvania Vape Association stepped forward and put together a strong team to repeal the small business killing 40% wholesale tax. House Bill 1477 eliminates the onerous 40% wholesale tax on vapor products and replaces it with a per milliliter tax. This week, the bill passed out of the House Finance Committee on strong 19-5 vote.
PVA Board Member Amelia Rivera and VTA State Affairs Manager Jake Butcher testified before the House Finance Committee on June 27, 2017.
There was much debate in the House Finance Committee over the amount of revenue which should be expected from the Pennsylvania vapor tax. The Department of Revenue estimated that the tax could bring in approximately $23 million to the State of Pennsylvania. House Finance Committee members were prepared to push back hard, questioning the Department’s numbers stating that the average collections would only produce closer to $15.5 million in revenue annually. To place this projection in perspective, the current bill’s $0.05 (5 cent per ml) tax would generate approximately $9 million dollars annually while a $0.075 (7.5 cent per ml) tax would generate approximately $14 million dollars annually. The budget committees have told the PVA that any proposal must be revenue neutral to be considered.
PVA and its lobbyists are moving mountains and changning the entire discussion in Harrisburg this session. The fact that a change of this nature is still in play, given the state’s budget crisis, is a true testament to the Kinser Group’s efforts. Right now, they are working to ensure that the key decision makers keep the vapor tax change on the list of priorities.
PVA & VTA will keep you updated in the coming days as we continue to work to ensure that the final budget discussions repeal the 40% tax. Thanks to all those who have worked to repeal this devastating tax policy. The Pennsylvania legislature will return after the July 4th Holiday.
Another One Bites the Dust: Ohio Vapor Trade Association Kills 69% Wholesale Tax
Governor John Kasich (R-Ohio) proposed a 69% wholesale tax on vapor products this session as part of a broader package to address state revenue needs. The Ohio Vapor Trade Association took it head on and spent over five months meeting with legislators to provide information on the impact of tax policies implemented in other states, the latest research on vapor products, as well as providing testimony to House and Senate Finance committees on the specific impacts a vapor tax would have on Ohio vapor businesses and consumers.
Picture of perfect collaboration. VTA worked hand-in-hand with Ohio Vapor Trade Association and its lobbyist,providing insights and guidance, drafting testimony, travling to Ohio to testify in Committee on national trends, current health related studies on vapor, as well as the federal regulations affecting the vapor industry. VTA also initiated multipel calls to action and collaborated with CASAA so that the powerful the message from consumers also reached the Ohio legislators. Thanks to all who worked so hard to defeat this regressive tax policy. And a special congratulations to OHVTA President James Jarvis, who showed remarkable leadership in his first year, the entire OHVTA Board and team which has been dogged in their defense of vapor, and, Charlotte Hickcox, of ZHF Consulting, who provided steady, sound and smart guidance on the ground in Columbus.
Local Flavor Bans Decimate Vapor Businesses
Local flavor bans on tobacco products including vapor products have been proposed and are being acted on at the local level. This week the San Francisco City Council passed a ban on flavored tobacco products.Not Blowing Smoke spearheaded an aggressive campaign withCASAA challenging the local ordinance and should be congratulated for their efforts. VTA, the California Smoke Free Organization and as well as other advocates sent multiple calls to action to raise awareness and objection to ordinance.
If unchanged, this irresponsible and dangerous ban will mean that San Francisco small businesses will close and consumers will have limited access to flavored e-liquids. This action highlights the need to be vigilant and active at the local level, even though a majority of state legislatures are not in session. Education of state legislators and local officials is a year-round process. Meeting legislators in vapor shops when they are out of session is the best way to educate them on your businesses and the services you provide to their constituents. There have already been flavor bans introduced in New Jersey and New York at the state level! We must organize and be ready to act!
Utah to Begin Early Implementation of Deeming: Labeling Requirements to Change on July 1, 2017
The Utah Department of Public Health has indicated to the Utah Smoke Free Association that they will essentially begin early implementation of FDA deeming rules regarding labeling effective July 1, 2017.
The Utah Smoke Free Association is working to educate the Department of Public Health onthe effects of this decision. The rule requires that a label follow the same safety standards as the required by the FDA, and that the safety warning take up 30% of the container’s display panel. Click here to read the full rule. Join the Utah Smoke Free Association today by contacting Tad Jensen at tjensen@utsmokefree.org to fight back.
California E-Cigarette Tax Increase In Effect as of July 1, 2017
The implementation of Proposition 56 will continue in California this week. As of April 1, 2017, distributors began remitting 27.30 percent of wholesale cost of nicotine delivery devices, including e-liquids. As of July 1, 2017, the tax rate on tobacco products, including electronic cigarettes and other nicotine delivery devices sold in combination with nicotine, will increase at a rate equivalent to the increase on cigarettes.
The California Smoke Free Organization is still working with the Board of Equalization to limit the adverse impact of the tax on various fronts. For example, CSFO is ensuring that devices sold “in combination with” e-liquids are not taxed. To bring everyone up to date on what CSFO has done and is doing to address these issues, on July 11, 2017, CSFO will be hosting a webinar to discuss these issues. More information will be available after the July 4th holiday.
Iowa Sales Tax on Online Sales Effective July 1, 2017
A law which legalized online sales within Iowa goes into effect on July 1, 2017. SF 516 requires that online sellers remit sales tax beginning July 1, 2017. It is important to note that all online retailers who sell to consumers in Iowa must be licensed, and further must be bonded. SF 516 also requires age verification at the point of sale, as well as signature of a person at least 18 years of age upon delivery. Click here to learn more information about the licensure and remitting sales tax.
Kansas Vapor Taxes Cut by 75%
The Kansas Vapor Association scored a huge victory last week when Governor Sam Brownback signed HB 2230 last week lowering the tax on e-liquids to from $0.20 per milliliter to $.05 per milliliter. This legislation is another a monumental step in educating legislators on the differences between combustible tobacco and vapor products. This legislation also continues the broader trend of state legislative bodies rejecting vapor tax increases and seeking to lower already implemented vapor tax policies. Congratulations to the Spencer Duncan and the Kansas Vapor Association for your remarkable leadership on this issue!
State of New York Adds Vapor Products to Clean Indoor Air Act
The State of New York, which had rejected adding vapor to clean air bills for the past three years unfortunately, passed an expansion of the New York Clean Indoor Air Act this week that would add vapor products to the Act. The law will prohibit vaping in any space in which smoking is currently prohibited, lumps vapor with smoking and unfortunately cites the effects of second hand vapor, treating vapor products for all practical purposes in the same manner as combustible cigarettes.
As anti-vaping groups celebrated, the only silver-lining is that the law carves out vapor shops that generate at least 75% of their revenue from vapor products. Thank you to all those who worked so hard to defeat this legislation including CASAA, theNew York State Vapor Association, and the many VTA members in New York. VTA will continue to work to educate NY legislators and work to repeal these damaging policies. Read VTA’s memo in opposition to the legislation.
NOW IS THE TIME TO JOIN VTA!
As you can see from the foregoing, VTA is set up for success. We have an outstanding Board of Directors comprised of vapor manufacturers and retailers who have deep FDA and industry experience, we have a bi-partisan team of five lobbyists (known as the vapor lobbyists) on Capitol Hill, we have a bi-partisan public affairs team who are expert at messaging, and we have a State Affairs Manager (also a state lobbist/lawyer) who is in constant touch with state vapor leaders and their lobbyists.
Our members get access to these professionals and lots of meaningful guidance on all the federal and state regulatory and strategic issues affecting our industry. And, if ever you want to get me on the phone, here’s the number: 312-498-6060.
In short, if you like what you read in this update and if you want to be a part of securing our industry’s future, then join us and the hundreds of other companies we are proud to call VTA Members today! All you need to do is fill out this VTA Membership Application and return it to us.
To learn more, check us outat www.vaportechnology.org and www.SaveVapor.org. And, don’t forget to follow us on Facebook and Twitter.
Finally, have a safe Fourth of July weekend and thank you for all you do to defend vapor!
Tony Abboud
Executive Director
Vapor Technology Association
REPLAY FROM LAST NIGHT – SMOKEFREE RADIO – “Around the world in 60 minutes”
I joined my BFF Dimitris last night on SmokeFree Radio. See the replay below.
* Guest Phil Busardo and co host Bill Tarling * I am back, recap of China trip and VCC Tampa * Canada and the Bill S5 spider web * FDA rethinking intended us…
–
THE JOYETECH CUBOX & CUBIS 2 + LAST “NOT A” CONTEST WINNER & A NEW ONE
A PBusardo Review – The Joyetech CuBox and Cubis 2 + “Not A” Contest Winner & A New One
In this video we take a look at the Joyetech Cubox and Cubis 2 tank. We also find out who won the last “Not A” Contest and kick off a new one!
The Links:
Joyetech
HCigar
OBS
Aspire
Eleaf
FreeMax
NexVap
Smith & Baxter
Halcyon
The Video:
*NOTE: Any use of these videos in part or in their entirety without Phil Busardo’s expressed written consent is strictly prohibited.
The Photos:
A BATTERY MOOCH POST: AWT 40A 4200mAh 20700…preposterously overrated, false performance data, DO NOT BUY
This cell has only one rating on the wrap, “40A”. Simply put, that is ridiculous.
That, and other things, has forced me to issue my first ever DO NOT BUY recommendation. The biggest problem is that this appears to be a rewrap of the Sanyo 15A-16A 4000mAh NCR20700B cell that AWT decided to grossly exaggerate the current rating for. The capacity rating is exaggerated too. This cell is identical in appearance and essentially identical in performance to the Sanyo NCR20700B.
Aweite (AWT) doesn’t appear to have a web site but this cell is on their Alibaba pages. Earlier I found a page that referred to the Sanyo NCR20700B in the description for this cell and issued a warning (https://www.facebook.com/batterymooch/posts/1899722450317332).
The various Alibaba pages for this cell (https://imgur.com/a/voBPg) have ratings from 25A to 40A using the terms “max cont. discharge rate”, “fast discharging current”, “max discharging current”, or no description of what the “40A” number means at all. I guess you get to pick the rating that fits your mood! But at only 25A continuous this cell got hot enough to boil water, 101°C.
One Alibaba page claims the following…
– A tested capacity of 4150mA at 35A. That’s false. The cell only reached about 2500mAh, its temperature rose to 116°C, and it failed. Probably due to one of Sanyo’s internal protection devices being activated due to the dangerously high temperature.
– A battery temperature of 37°C for a 10A discharge. That’s false. The temperature rises to about 60°C at 10A (down to its rated 2.5V cutoff).
– A rating of 15C. That’s false and is lousy math too. Their claimed 4200mAh capacity and 25A/40A ratings would mean it’s a 6C/9.5C cell…if those current and capacity ratings were accurate. They’re not though. This is a 4C cell.
Another Alibaba page gave it a rating of 0.2C to 2C, which is just beyond silly and obviously an error they didn’t feel the need to correct.
I am giving this AWT a rating of 15A and 4000mAh.
I am also giving this AWT cell a DO NOT BUY recommendation due to the outrageous overrating and false performance data on Alibaba. If you need an ultra-high capacity 20700 cell for low to moderate power vaping at up to 10A/37W per cell then get the Sanyo NCR20700B.
The two cells that were tested were purchased by me from ebay’s r-lsales.
Some of AWT’s Alibaba pages for this battery: https://imgur.com/a/voBPg
Test results, discharge graph, photos: https://www.e-cigarette-forum.com/forum/threads/bench-test-results-awt-40a-4200mah-20700…preposterously-overrated-false-performance-data-do-not-b.812261/
All my test results to date: https://www.e-cigarette-forum.com/forum/blog-entrty/list-of-battery-tests.7436/
CONGRATS NICK!
Congratulations to Nick Cash on winning a “Not A” Contest. He knew that movie was 2010, a fellow Sci-Fi geek! 🙂
Nick can be seen here with his winnings.
I love this photo and it reminds, and should you too, that vaping is for everyone. It doesn’t matter how hold you are, your gender, your style, the size of your beard, or the number of your tattoos. Vaping can positively affect ALL smokers and lead to a life of harm reduction.
Love your cloud Nick, Vape Happy My Friend and congrats!!
FROM TONY ABBOUD / VTA – YOU ARE INVITED to Vape and the FDA 2 – July 18-19, 2017
You are Invited!
Surviving & Thriving in
A New Regime for Vapor
One year post-Deeming. A new Administration is engaged.
Deadlines are moving. But, where is it all headed?
VTA’s Board of Directors, which has enormous experience in
operating in a heavily regulated world,
knows the information that you need.
So, whether you are an e-liquid or device manufacturer,
vape shop owner, supplier, distributor, or importer,
this conference is for you!
VTA’s 2-day conference will provide practical information
on how our industry will survive & thrive on Day 1,
then we will go to Capitol Hill on Day 2.
JULY 18, 2017 – VAPE & THE FDA 2 CONFERENCE
Trump International Hotel
1100 Pennsylvania Avenue, NW
Washington, D.C.
JULY 19, 2017 – DAY ON CAPITOL HILL
with West Front Strategies
CLICK THE INVITE FOR MORE INFORMATION
We are looking forward to hosting another substantive, professional conference and we are looking forward to taking even more people to Capitol Hill this year.
Last year’s Vape & the FDA Conference was great success, attended by200 industry professionals representing 67 companies from 25 states and4 countries.
Don’t miss out this year! Register now by using VTA’s Conference Registration Portal where you can also access the hotel reservation information and the group room rate.
Our government affairs team will set up meetings with your Congressmen and Senators. All you have to do is register!
Please forward this invitation to anyone you think may be interested in attending!
Shortly we will be publishing a detailed agenda of the numerous timely topics that will be covered.
Thank you and please let us know if you have any questions.
Tony Abboud
Executive Director
Vapor Technology Association
A BATTERY MOOCH POST: The battery rewrappers and manufacturers have spoken!
Well…actually…no they haven’t. Not in the way we would have liked.
Recently I posted an open letter to these companies asking them to join me in creating a battery pulse rating standard they could all use. Right now the lack of a standard for pulse length, time between pulses, and the criteria used to set the rating makes any “pulse” or “max” rating utterly useless. You can’t compare the “pulse” or “max” rating from one battery against another.
But not one battery rewrapper or manufacturer responded or showed interest in any way.
Unexpected? Perhaps not.
But very disappointing nonetheless.
I get it, these “pulse” ratings are what sell batteries. I was hoping though that with the uselessness of these ratings becoming more and more known that at least one company would see an opportunity to help set a standard. If for no other reason than it would help them stand out from their competition.
Some of our community’s battery testers and a couple of shops have offered to help out though. Thank you! We’ll see what we can do.
To all those companies who still insist on using worthless pulse ratings, you will be called out for it. All the more vehemently now too.
Mooch
Store
