A group of merchants brought a Federal Lawsuit against the Town of Eastchester, New York alleging that the town’s new anti-vaping law was unconstitutional. The law was upheld by a Federal Court in the Southern District of New York.
At the September 3rd, 2019 Town Board meeting, Eastchester was one of the first Towns to adopt a local law to prevent the sale of electronic nicotine-delivery system (ENDS) products within the Town.
The law which is known as “Electronic Nicotine Delivery Product Law” prohibits the sale of tobacco substitutes containing nicotine from being sold in the town, according to a local news source. This includes, but is not limited to: e-cigarettes, vapes, vaporizers, vape pens, lozenges or other candy, drinks, liquid nicotine or other e-liquids or inhalers.
Town Supervisor Anthony Colavita and the Town Board were also the first to opt out of participating in the New York State Marijuana Retail Sales Program as well.
Supervisor Colavita stated, “Keeping our citizens, especially our youth, safe by limiting accessibility to the products specified in our law is our top priority. I am glad the Town of Eastchester prevailed.”
The Alaska Legislature gave its approval to SB 45, a bill that raises the minimum age to purchase, sell, exchange, or possess electronic nicotine-delivery system (ENDS) products to 21-years-old, as well as makes changes to the tax rate on electronic smoking products.
The bill includes an imposed tax rate of 35 percent of the wholesale price for ENDS products, a notable difference from the state’s tax rate for other tobacco products, which is 75 percent of the wholesale price.
If signed into law, it would bring the state into alignment with the federal minimum age. As such, it allows state and local law enforcement agencies to enforce the federal minimum age, including fining retailers or others for selling or otherwise providing tobacco products to a person under 21-years-old, according to Halfwheel.
It also amends the state’s minimum age to possess ENDS and other tobacco products to 19-years-old. Violators of that law will be subject to a fine of up to $150.
For retailers, they will now be required to only allow tobacco products to be sold by employees who are at least 21-years-old, unless they were at least 19-years-old at the time the bill goes into effect.
The bill now heads to Gov. Mike Dunleavy for his signature. If the governor does not veto the bill, the changes will go into effect on July 1, 2023.
On Jan. 25 this year, the Philippine Senate ratified the report of the bicameral conference committee, which reconciled the disagreeing provisions of Senate Bill No. 2239 and House Bill No. 9007 which became the Vaporized Nicotine Products Regulation Act. The bill was then sent to President Rodrigo Duterte to sign the bill into law.
Nearly 90 days later, the vaping bill is still unsigned by the president.
Last year, the Senate approved Senate Bill No 2239, while the House of Representatives approved its counterpart version House Bill No 9007—both of which seek to regulate the importation, manufacture, sale, packaging, distribution, use, and advertisement of vaporized nicotine and non-nicotine products.
“This bill is meant to regulate vaporized nicotine products, non-nicotine products, and novel tobacco products. It is expected to encourage a shift from smoking the unhealthier cigarettes to these alternative less harmful products,” Senate President Pro Tempore Ralph Recto explained to the Inquirer.net.
While the public waits for Duterte’s decision, groups on both sides of the camp on the proposed law have been urging the President to push for the bill or veto the bill, citing the advantages and disadvantages of the use of vape products.
In January 2020, Duterte signed Republic Act 11467—or the Sin Tax Reform Act of 2020—which seeks to increase excise on alcohol products, electronic cigarettes (e-cigarettes) or vapor products, and heated tobacco products (HTPs).
Under RA 11467, such products are regulated by the country’s Food and Drug Administration.
The measure, which is expected to be fully implemented this May, also prohibits the sale, purchase, and use of e-cigarettes or vapor products and HTPs to any person aged 21 years old and below and to non-smokers.
The state Senate of Idaho narrowly passed a bill meant to clarify the legal age for vaping and tobacco product purchases with a 19-15 vote Tuesday.
Under federal law, people must be 21 or older to legally purchase or possess tobacco or vaping products. Congress raised the age limit from 18 to 21 in 2019. Idaho law, however, still lists 18 as the legal age for tobacco purchases.
Senate Bill 1284 changes that to 21, bringing Idaho law into symmetry with federal law, according to news reports.
Sen. Fred Martin, the bill’s sponsor, said the disparity between state and federal law causes confusion for Idaho retailers. Although they’re required to comply with the federal age limit, the signs they have to post indicate that 18 is the minimum age under state law.
Several consumer and harm reduction advocacy groups claiming to represent 16 million Filipino smokers and 1 million vapers, praised the country’s Congress for the passage of the Vaporized Nicotine Products Bill, and appealed to President Rodrigo Duterte to sign the bill into law.
Credit: Rawpixel
Vapers PH, Vaper Ako, Smoke Free Conversation PH, Nicotine Consumers Union of the Philippines, Philippine E-cigarette Industry Association, Quit For Good, Heated Equipment as Alternative to Traditional Smoking Philippines, PROVAPE, Philippine Tobacco Harm Reduction Advocates Inc. and Consumer Choice Philippines, stated in a letter to the Duterte that, “with the growing positive scientific evidence coupled with our life-changing experiences, our resolve is stronger that vaping saves lives.”
“We earnestly hope you would consider our humble plea Mr. President and sign the Vape Bill into law,” the groups wrote, according to the Manilla Standard.
The Vape Bill bans the sale to and use by minors of vape products, and the sale, advertising and promotion of vape products within 100 meters of school perimeter and playground. Use of flavor descriptors that unduly appeal to minors in vape products and the display of vape products immediately next to products of particular interest to minors are prohibited. Persons who violate the provisions will be penalized with a fine or imprisonment.
Congress is expected to hold a bicameral conference committee this month to unify the Senate and the House of Representatives’ versions of the bill. The version approved by the committee will be sent to the president for his approval and signature.
The record for the longest speech in the US House of Representatives was broke by Kevin McCarthy early Friday morning, surpassing eight hours of continuous floor time. Towards the end of the speech, McCarthy joked that “my one minute is almost up,” noting that “personally I didn’t think I could do that long.” He then spent some time asking those around him to confirm that he had beaten the record.
The speech was centered around the vote of Biden’s Build Back Better (BBB) Act, which includes a controversial tax on next-generation nicotine products.
Americans For Tax Reform (ATR) called on House legislators to accept the science as detailed in extensive reports commissioned by the National Institutes of Health (NIH) and the U.S. Food & Drug Administration and vote against the BBB Act (H.R. 5376) due to “its disastrous impact on public health.” H.R. 5376 is expected to be voted on today.
Credit: Dave Newman
“It is mind-boggling that in the midst of a global pandemic, Nancy Pelosi is pushing a tax hike on people trying to save their lives, just to pay for a tax-cut for the ultra rich” said Tim Andrews, director of Consumer Issues at Americans for Tax Reform. “The science is crystal clear: This bill is a public health disaster. The tax hikes on people trying to quit smoking contained in H.R. 5376 would lead to more people millions more Americans smoking – and dying as a result. “With millions of lives on the line, it’s time for Congressional Democrats to listen to the science – and reject Nancy Pelosi’s desperate SALT pay-for cash grab which seeks to raise revenue at the expense of human lives“
HR 5376 includes a new tax of $50.33 per 1,810 mg of nicotine contained in next generation electronic nicotine delivery systems such as e-cigarettes. These funds would be used to help pay for SALT provisions for the ultra-wealthy, which the Congressional Joint Committee on Taxation has stated would give two-thirds of people making more than a million dollars a tax cut, according to a ATR statement. Of the 2.5 million additional smokers the Act would create, it is estimated that two thirds – or over 1.6 million -would die as a result.
“Nancy Pelosi’s Build Back Better Act places a small amount of revenue as more important than saving over 1.5 million lives. We call upon all Democrats to follow their conscience, and do the right thing by their constituents, and vote against this deeply unethical and immoral blood tax,” said Andrews. “To increase taxes on poor Americans trying to quit smoking just to pay for tax cuts for multi-millionaires is morally reprehensible … To condemn so many lives to pay for tax breaks for multi-millionaires is one of the most morally bankrupt actions ever undertaken by a government.”
Montana vape shop owner Ron Marshall is taking the right to vape to a whole new level.
By Maria Verven
Ron Marshall, who owns Freedom Vapes with three vape shops in Montana, is taking the right to vape to the people’s house. Marshall ran for election to the Montana House of Representatives and won in the general election last November. A Republican, Marshall assumed office in January and will represent District 87—a section in the far western region of the state—for the next two years.
Even before he took office, Marshall worked on two pro-vaping bills—B106, which seeks to prohibit expansion of the Montana Clean Indoor Air Act, and HB137, which seeks to revise the laws around vaping and alternative nicotine products. “Writing laws should be done in this house—the people’s house,” Ron Marshall told members of the House Human Services Committee during a hearing at the state capitol in January.
Making a Difference at the State Level
Although the U.S. Food and Drug Administration classifies vapor devices as tobacco products, Marshall’s bill HB137 seeks to differentiate the two. If passed, the bill would cancel bans on indoor vaping and on the sale of flavored nicotine solutions as well as previous anti-vaping regulations enacted by various counties and cities in Montana.
In short, the bill would prevent the state of Montana from regulating the sale, manufacture, flavoring, marketing, product display, public exposure and access to “alternative nicotine products or vapor products.” Opponents said the bill would prevent individual communities from deciding what is best for them and that enacting the legislation would result in increased use of the addictive flavored nicotine products by young people.
Vapers and vape shop owners gave passionate testimony in favor of the bill, asserting that the state legislature should adopt rules for businesses that ensure reliable access to vapor devices, which are primarily used by smokers to help them quit combustible cigarettes. “Everyone that owns vape shops share the same mission as myself and my family—to help people whom everyone has forgot[ten] about—the daily smokers,” testified Keith Bowman, part owner and general manager of six e-cigarette vape stores in Montana.
Fighting an Uphill Battle
In 2019, the Montana Department of Public Health and Human Services enacted an emergency rule prohibiting the sale of flavored e-cigarettes. Last November, the city of Missoula became the first in the state to permanently ban the sale of flavored e-cigarettes. The state health department also proposed a permanent statewide ban on flavors but ultimately backed down after facing pushback from legislators. Nearly a dozen counties in Montana prohibit indoor vaping.
Ron Marshall / Credit: State of Montana
These anti-vape policies have harmed vape businesses across the state, Marshall said. “During the 2019 session, we defended against eight anti-vaping bills around taxes and clean indoor air. It was out of control,” he said. “We have no problem with sales to customers 18 years or older. The shops had already been doing that without being told. We wrote our own bill to curb youth access through store purchases. It didn’t make it out of committee, but the seeds had been sown.
“Our problem is being called a tobacco product. We are not. Our bill separates tobacco products from alternative nicotine products. We aren’t the same by law in Montana,” he said, explaining that they pay $5 each year to the Department of Revenue for a license to sell alternative nicotine products.
Marshall finally decided to take the fight to the people’s house and ran for the House of Representatives in his district.
“Our current representative termed out, and the seat was open. After a three-way primary and general election, we won! It was a great feeling and a sobering experience,” he said. “The experience you have in everyday life is transmitted to how I look at legislation. If it sounds fishy, it probably is. Ask tough questions. Every time you vote on a bill, it will change someone’s life.”
The Joy of Helping Others Quit Smoking
The Marshalls started their vape business in 2014 after Ron’s wife Deanna suffered from a bad respiratory infection. “She used a disposable V-2 device that someone had recommended, and it worked great for her. After about 10 days, the infection healed. She tried to smoke a cigarette, but it was so disgusting, she couldn’t do it.
“Being a smoker myself, I gave it a try,” Marshall said. “It was good, but not great. Deanna searched the internet looking for something better and found it in the form of SMOK Ego pens. We gave them a try, and it was perfect for both of us. It took me about 10 days to quit smoking completely.
“After that, several people asked us how we did it. The answer was simple. The hard part was accessibility. There were no vape shops in Montana.”
So, in February 2014, the Marshalls opened their own vape shop. “It was slow at first. Deanna put all her time and energy into it. I was only able to be in the shop two days a week,” Marshall said. “But after it took off, it was great. The joy of helping others get away from smoking and improving their lives was a reward that cannot easily be explained.”
Freedom Vapes now has 10 employees with stores in three locations—Hamilton, Missoula and Belgrade. The Marshalls said most of their customers vape as a way to wean themselves off combustible tobacco products. While they and other vape shops refuse to sell products to anyone under age 18, young people can still buy products online, Marshall said.
And while all of Freedom Vape’s flavorings are water-based, online products can potentially contain harmful contaminants. Still, other vapers may resort to mixing their own vape juice if a ban goes into effect.
“That’s very dangerous,” Marshall said. “If they don’t get the right flavoring or use oil-based materials, they can harm themselves. We tell our customers not to buy anything off the street or use any product if they don’t know its source. This ban won’t make the problem go away. It will make it more of a problem.”
Perspective From the ‘Inside’
Marshall said it’s totally different being on the “inside.” “It’s a whole different outlook. I spend lots of time in committee hearings on lots of issues. Plus, you need to draft your own legislation and get it through the system.”
Marshall had worked on his bill HB137 even before he was elected. After the election, a legislative drafter contacted him to ask what section of the Montana code the bill dealt with. A rough draft was sent back to him for input and adjustments before going through legal and other reviews.
“Once it was done, I signed the bill, and then it was off to committee assignments. The committee’s job is to look at the intent of the bill. The intent of HB137 is simply to prevent local cities, counties or state bureaucrats from banning a legal product. It defines and categorizes flavors and definitions of alternative nicotine products and vapor products.”
HB137 then made its way out of committee and on to the floor of the House. When the hearing was held in the House Health and Human Services committee, it was loaded with all the ANTZ (anti-vaping) groups. “It was easier for them to load the hearing with opponents—most of whom were from out of state—because they had to use Zoom during this Covid stuff. We have heard this all before. Nothing new here,” Marshall said.
Montana’s 100 lawmakers then debated it on the floor. “It was tough, but it made it,” Marshall said. The vote was 62 in favor and 37 opposed. “Some of the opposed injected their own personal beliefs into the vote. That is bad policy. You should not dictate your lifestyle on others.
“As a representative of the people, it is their—the people you represent—decision. If HB137 makes it through the Senate and to the Governor’s desk, it will make sure that the people of Montana have access to a product they want.
“It will ensure that small businesses won’t be shut down and closed. Montana will be a vape-friendly state for both consumers and business owners.”
The original “Vaping Vamp,” Maria Verven owns Verve Communications, a PR and marketing firm specializing in the vapor industry.
