Category: Shop talk

Analyzing the Impact

Credit: Andy Dean
E-liquid manufacturers and retailers are still figuring out how to survive the FDA’s erratic regulatory rules.
By Maria Verven
The vaping industry has been in a downward spiral ever since the U.S. Food and Drug Administration began issuing marketing denial orders (MDOs) for electronic nicotine-delivery system (ENDS) products. When a product with a premarket tobacco product application (PMTA) receives an MDO, it must immediately be pulled from store shelves and removed from the market.
The FDA has issued MDOs for nearly all the approximately 6.7 million PMTAs it received. At press time, the agency was still reviewing an estimated 80,000 products, according to Mitch Zeller, director of the FDA’s Center for Tobacco Products (see “From Chance to Change,” page ?). To date, only Phillip Morris International’s IQOS device and Heatsticks and R.J. Reynolds Vapor Co.’s Vuse Solo, along with two tobacco-flavored pod cartridges, have received marketing granted orders.
The FDA also rescinded or was ordered by a court to stay at least 10 MDOs. This has caused a massive amount of confusion in the industry, especially for vape shop owners and vapor distributors who are struggling to keep only legal products on their store shelves.
Complicating matters, many manufacturers have started using synthetic nicotine in their flavored vaping products and products that had otherwise received an MDO. Synthetic nicotine is in a regulatory void as it isn’t yet being regulated at the federal level, although the FDA has stated it may be considered a component of an e-cigarette, which would put synthetic nicotine under its purview.
Many ENDS business owners say that the industry is also still suffering from the 2019 e-cigarette or vaping use-associated lung injury (EVALI) crisis that was wrongly blamed on nicotine vaping products by the FDA and the U.S. Centers for Disease Control and Prevention. It took more than a year for both government entities to state publicly that the true culprits behind EVALI were illegal THC-based vaping products. Vapor business owners must also combat the never-ending amount of misinformation that is broadcast by anti-vaping groups and the mass media.
Business owners, additionally, have major concerns about the current nicotine tax in President Joe Biden’s Build Back Better Act (as of this writing, the bill was still in the Senate). The current version of the nicotine tax applies only to vaping products and nicotine pouches. The government would tax nicotine bought by manufacturers at the rate of $50.33 per 1,810 mg of nicotine—or 2.8 cents/mg if the bill passes with the tax included.
To get a better understanding of what is happening at the street level in the ENDS industry,Vapor Voice asked a group of manufacturers, retailers and industry leaders about their experience with the FDA and how the agency’s regulatory actions have impacted their businesses.
Vapor Voice: How have the FDA’s marketing denial orders affected your business?
Char Owen
Char Owen, vice president of American Vapor Manufacturer:I think the negative PR around vaping has caused sales to stagnate for most manufacturers and vapor shops. It has also increased the smoking rates for the first time in many years. It’s heartbreaking for us to watch people revert to smoking again.
Unfortunately, most of the industry has changed to synthetic. Over 95 percent of our sales are flavored e-liquid, and with others switching, there was no choice but to switch. We only manufacture open system e-liquids in many flavors, all created from nontobacco-derived nicotine. Our biggest selling products have always been fruit flavors.
We are trying to bring in new products, such as botanicals, that can help our customers with cravings but remove nicotine from the equation. For us, it has always been about harm reduction, nothing more.
Schell Hamel, president of The Vapor Bar:Sales were affected long before the MDO was received. This down spiral began with the media attacking all vapor products as killing people when they clearly knew it was illegal THC products and the entire vapor industry handcuffed to Juul’s reputation.
According to the MDO, all products made in our lab were denied. It seemed as if they used a rubber stamp to deny anything submitted, all without review. I heard them doing similarly across the industry, then approving Vuse.
Schell Hamel
Jay Oku, business development at Five Pawns:Hundreds if not thousands of customers have been adversely affected from these misguided PMTA, sale and shipping regulations.
We had been developing products to maximize harm reduction for years and were always fascinated with the cleanliness (free of nitrosamines) and the molecular merits of synthetic nicotine. We switched all of our domestic products to synthetic nicotine mid-2020. We are grateful to have maintained our sales volume through 2021.
We saw an increase in overall sales since making the switch to nontobacco-derived nicotine, yet we’ve also seen a longer sales cycle with new accounts due to the number of MDO products that companies are selling through to make room on their shelves. Despite a slight increase in gross sales, net numbers are relatively flat due to the increase in manufacturing and shipping costs in 2021.
Trent Bohl, owner of EZJ Rolling Equipment and Smokey Joes West:It’s logistically added challenges, and the horizon looks like a tough road ahead. While many Juice manufacturers have shifted gears to get into compliance, the shift toward disposables and the future ban of them will be tough for Vape as a whole.
From recent headlines, it seems the FDA doesn’t seem to play well unless you are Big Tobacco.
Do you think there’s a growing black market of products that are no longer legal?
Owen: I absolutely know there is a growing black market. A quick Twitter or Instagram search proves that. So far, those black market dealers have not been targeted by the FDA. Only registered manufacturers have been on their radar.
We need to support and grow the harm reduction industry instead of growing a black market. For harm reduction to be successful, it must be regulated and supported by our federal bodies. Without their support, we risk creating a dangerous environment for consumers. I have a great amount of respect for the U.K. in recognizing this.
Oku: Every day the black market continues to grow. The attrition of retailers, manufacturers and distributors is being caused by excessive rogue state taxation, the PACT Act that complicates accounting and reporting, and misguided government overreach that results in flavor bans.
Jay Oku
Numerous disposable manufacturers are selling mass quantities of vapor products through back doors. Some of these black market brands push immature non-lab-produced concoctions with cartoons on their labels. These regulations push people who benefit from tobacco harm reduction technology to inferior products and even worse, back to cigarettes.
Bohl: I have stores in New Mexico, and in Mexico, which outright banned vapes. The black market is huge in Mexico; any low-dollar mercado or corner OXXO seems to have them. The USA will follow suit I suspect, given the demand for vape. When one reflects on how the black market vape cannabis carts disrupted the industry and damaged lives and harmed the reputation of the industry, it’s just going to be that times 10.
What has been your experience with FDA inspections?
Owen: Personally, I had a good inspector, but it truly is the luck of the draw, and it hasn’t been the case for everyone. In my case, he was only there to find proof of manufacturing of any MDO products, and his paperwork was written to support that. My batching logs were not reviewed nor my manufacturing practices.
One member had their inspector show up at 7 p.m. on Halloween. Another member had the FDA come to her home and photograph her home office instead of her manufacturing establishment. He then took photographs of her neighbor’s home. There were instances where the inspector pressured staff when owners or managers were not present to make MDO’d products and then sent warning letters.
The American Vapor Manufacturer is usually involved in a warning letter meeting every couple of weeks. We even help nonmembers with those. It’s a very tricky process, and it’s good to have someone there who can be objective and help both the FDA and the manufacturer resolve the matter.
Trent Bohl
Bohl: I haven’t seen them from this industry perspective, but from the agricultural side and medical marijuana side, one thought comes to mind: brutal for some, not bad for others.
What ultimately will result from these MDOs?
Owen: What the FDA did was extremely arbitrary and capricious. I feel that anyone who can afford to challenge them in court will be able to prove that. My concern is for all the small businesses that cannot afford to do that.
If something doesn’t change, you will see manufacturers close and smoking rates rise. In almost all industries except vaping, small business is celebrated. This is a shame because those small shops are the ones with the hearts for harm reduction.
To lose those small businesses would be a devastating blow to the effort in moving this country to becoming smoke-free.
Oku: I am optimistic that the FDA will reconsider or rescind MDOs and revise their outdated ambiguous and debilitatingly cost-prohibitive PMTA process.
Since 2016, FDA action against the industry has resulted in warning letters and fines to those breaking the rules, yet there’s little to no enforcement. Many MDO products are being sold since there was an enormous glut of inventory in preparation for the September 2021 ruling.
There will invariably be an increase in synthetic nicotine products until those, too, are regulated out of the market.
Congress has been slipping anti-vaping bills into much larger spending packages, such as during the 2019 holiday break deep in the Omnibus Spending Bill. These bills implement devastating regulations that put our industry and the health of our customers in jeopardy.
Bohl: The goal stated by the FDA 15 years back was the end of combustibles. Vape could have helped that. I am buying a decent stock, fearing the day one more freedom is taken away in the name of safety.
The original “Vaping Vamp,” Maria Verven owns Verve Communications, a PR and marketing firm specializing in the vapor industry.

December 28, 2021
Split Decision

VapeX in Split, Croatia recently celebrated 10 years of helping smokers switch.
By Norm Bour
When people want to know about the European vape industry, they normally refer to the Big Three countries: France, Germany and Italy. Let’s face it—these are also the most populated EU nations and most popular tourism destinations, and even though they are “over there,” many Americans consider them just foreign versions of America. And let’s not talk about the United Kingdom, which is trying to find its own place in the world post-Brexit …
Europe consists of 44 countries, per the United Nations, though some are debatable since they straddle Europe as well as Asia. Eastern Europe, which encompasses many of the formerly Soviet bloc nations that abandoned communism in the early 1990s, is in a class by itself since they are not quite as economically developed as Western Europe, though they are picking up speed.
Eastern Europe, specifically Croatia, from where I am writing this report, is part of the world I love the most. And they do have vape shops, as well as CBD shops, so I wanted to get a snapshot of the vape space over here.
We were lucky enough to find VapeX right up the street from where I am staying, the oldest vape shop in Split, and probably one of the oldest ones in Croatia since it just celebrated its 10-year anniversary last year. That puts them in the olden days, even compared to many U.S. shops.
Owner Igor Eberhardt, 51, has as much passion for vaping as anyone I’ve ever met. Like many, he is not a vaper, nor was he a smoker; he is a guy with deep convictions about the benefits of vape as a smoking cessation device.
VapeX was started in 2010 by Teo Dogas, a former professional water polo star who was part of the Croatia National team that won the World Championship in 2007. One of its sponsors was a brand new vape liquid company, Ovale, from Italy, and when Dogas ended his career, Ovale offered him a job.
Though Dogas was not a smoker, he did believe in the benefits of vaping, so he opened this shop in Split, which initially sold only Ovale liquid. It was the first vape shop in Split and probably one of the first in Croatia if not in all of Eastern Europe.
Dogas later brought Eberhardt in as a partner, and a few years ago another partner, Mark Williams, joined them. Williams, who came from the U.K. vape scene, brought in a whole new dynamic, and they started carrying other liquids from around the world.
Over the years, they have attempted to open other locations, but onerous regulations in Croatia made it challenging. They still also have a shop and distro in the U.K. “We are not treated equally here in Split,” Eberhardt said. “While most businesses can operate freely and openly, we must keep our windows covered with a film that almost makes us look like a sex shop. We also have to cover our shelves occasionally, which takes away the beauty of our selections.”
The company did not receive assistance during the Covid-19 pandemic either. “Many, if not most businesses here, were given some breaks to help them through the pandemic, but we were not. We got no tax benefits, no compensation, and we were shunned, along with just a few industries, like casinos, which also got no help.”
He also mentioned that the Croatian government, like most governments worldwide, views his operation as a tobacco shop, which never gets much respect or help. The problem here, like in many European countries, is that smoking and tobacco are part of the culture, the heritage. The smoking population is slow to adapt since many have been smoking since childhood with the total acceptance of their parents and family.
Of course, this is not just a European legacy but is prevalent in the Middle East, parts of the Far East and Latin America too. Old habits die hard, and it may take generations for vaping to equal or surpass tobacco usage in Croatia.
I asked about the company’s clientele, who are generally middle-aged and split almost equally between male and female, but he confessed, “Women seem to be more open to alternatives, and they are starting to understand that smoking is not sexy anymore.”
As an unmarried man, Eberhardt personally chooses not to date smokers and tries to share his passion for vaping with them.
“The problem is, most Croatian smokers are not aware of the dangers—or of the alternatives,” he shared, “and most don’t care. In many cases, people don’t want to talk about the dangers of smoking, almost as though they don’t want to admit that they have been ignorant of the health risks.”
This sounds like a don’t ask/don’t tell mindset, and even after sharing with his customers that smoking is five times more expensive, that does not always sway them. Partner Williams, in addition to the new product mix, also brought along new education.
The shop formerly got most of its inventory from the U.K., but that country’s departure from the EU has complicated trade, so now it imports from other countries, especially from Malaysia and the Far East.
As for the company’s brands mix, it proudly carries about seven of the top 10 international flavors and usually sees American e-liquid brand Glas as its top seller followed by Fizzy Juice and Empire Brew, which are all fruit flavors. That has been a noteworthy trend to the VapeX owners as fruity flavors have replaced tobacco flavors, and for now, all are legal.
Other bestselling brands in the shop are Dinner Lady, Pachamama, Charlie’s Chalk Dust and Don Cristo, a premium Canadian tobacco flavor. VapeX also specializes in short-fills and is an exclusive distributor of the popular Mr. Vape brand.
Croatian vape shops have been growing quickly over the past few years, and to stay ahead of the crowd, VapeX plans to open a lounge where people can hang out and get educated, according to Dogas.
We talked about “other products,” and he confirmed that cannabis is still illegal, though CBD is not. But the company carries only a few bottles of liquid while the local CBD-only shop stays away from vape products. It seems they have set an agreeable compromise and avoid each other’s turf.
The future looks promising for Split’s largest vape shop. It adheres to the EU Tobacco Product Directive (TPD) regulations, as does the rest of the EU and U.K., and they all operate on the same level ground. The owner’s hope is that TPD opens up the market even more and that the Croatian government finally recognizes what a benefit vaping offers over tobacco.
Norm Bour is the founder of VapeMentors and works with vape businesses worldwide. He can be reached at norm@VapeMentors.com.

December 27, 2021
Despite Regulatory Challenges, Vapor Retail Rises
Regulatory challenges have had a major impact on the vaping industry. Premarket tobacco product applications (PMTAs), along side recent shipping changes have been testing the markets as of late. However, according to IRI Total U.S. Convenience data, for the latest four weeks ending April 18, 2021, electronic smoking devices saw a 19.9 percent increase in dollar sales and a 24.5 percent increase in unit sales. And for the latest 52 weeks, the category saw a 10.5 percent increase in dollar sales and a 17.7 percent increase in unit sales.
Credit: Auremar
Rick Staley, merchandising manager for Nashville, Tenn.-based Tri Star Energy’s Twice Daily stores, noted its numbers are overall in line with IRI’s, according to CStore Decisions. “At Twice Daily, customers are looking for alternative tobacco products,” he said. “We’ve noticed that nicotine pouches and vapor are both doing very well.”
And at ARKO Corp.’s GPM Investments, the vape subcategory is doing “extremely well,” said Kaitlyn Meara, GPM’s tobacco category manager, adding that customers are looking for variety in nicotine delivery, flavors and price points. The Richmond, Va.-based chain operates or supplies stores in 33 states and Washington, D.C., including both its 1,350 company-operated stores and approximately 1,600 dealer sites. “Like in most other CPG categories,” Meara said, “we saw an increase in baskets due to customers making fewer trips.”
Now that people are starting to return to their routines and to more traditional work environments, much remains unknown about the way that consumers’ habits will shift moving forward.
Meara noted it’s extremely hard to predict the tobacco category as a whole, but she’s “excited about the innovation in the category with nicotine pouches and IQOS.”
June 1, 2021
VPZ Announces Record Sales, Quit Clinics Launch
A major vaping retailer in the UK is launching a new vape clinic service with a goal of helping to increase numbers of smokers quit. The move comes as VPZ vape shops announced a 165 percent increase in “New to Vaping” kit sales in the first week of re-opening following the relaxation of Lockdown measures.
Credit: VPZ
The uptake and demand for stop smoking services underlines and re-affirms VPZ’s recent calls for vaping stores to be classed as an essential retailer during the Pandemic, according to VPZ director Doug Mutter. “We are investing to help smokers quit and to support the country in its ambition to be a tobacco free nation by 2030.”
Following over a year of having no NHS stop smoking services available, the company has been inundated with smokers looking to quit since reopening its full estate of stores on 26 April, according to Mutter. The retailer has seen a huge demand for New to Vaping (NTV) kits since it reopened its 150+ UK stores, with an unprecedented demand for NTV kits in the first week.
“With access to local stop smoking services and vaping retailers massively reduced during lockdown, thousands of smokers have been left without any services to help them quit,” a press release states. “Since re-opening its stores to bring customers a Covid-secure retail experience, VPZ has faced record demand from smokers looking for expert advice and personalized support to help them make the switch.”
The quit clinic investment and recruitment drive are part of VPZ’s commitment to play its part in helping the UK achieve its ambitions to be a tobacco-free nation by 2030, set out by the Government in 2017. “VPZ is the UK’s leading vaping specialist and we are spearheading the fight against the nation’s number one killer – smoking,” said Mutter. “We are excited to be launching the Vape Clinic concept following strong demand and recognizing the need for an enhanced level of service since reopening our doors. The huge reduction in NHS stop-smoking services, through COVID-19 and local authority cuts have been devastating in the country’s efforts to reduce smoking rates.”
May 17, 2021
Avail Vapor to Carry Bantam Vape E-liquids in Stores
Bantam Vape announced that its e-liquid products are now available for purchase through Avail Vapor’s specialized brick-and-mortar locations, as well as on its e-commerce website, www.availvapor.com. Avail will offer a wide selection of Bantam’s products including Sour Strawberry and Kiwi Berry, according to a press release.
“Bantam is known for our artisanal flavors that are built from scratch using only high-quality ingredients, as well as our commitment to compliance and transparency,” said Bantam director of sales Michelle Gottlich. “Joining with an established leader in the vaping category like Avail poses an exciting opportunity as we continue to expand our retail and online presence; and most importantly, gives our consumers greater access to our products.”
All of Bantam’s flavors are backed by science, manufactured in certified clean rooms and undergo rigid testing and analysis, “resulting in smooth, clean-tasting e-liquids, making Bantam Vape your coil’s best friend,” the release states. Additionally, the brand’s premarket tobacco product application (PMTA) submission to the U.S. Food and Drug Administration (FDA) is queued for formal scientific review.
“We recognize that Bantam, like Avail, is dedicated to providing consumers with products that echo our principals of exceptional quality and flavors,” said Justin Murphy, Avail’s vice president of retail operations and marketing. “We are excited to stock the variety of flavors, nicotine level options and reliable quality of merchandise that the Bantam brand offers.”
April 20, 2021
PACT Act Pushing Many Vape Shops to Close
The Preventing Online Sales of E-Cigarettes to Children Act (PACT) and the shipping problems it created has forced many companies to end all US online sales and many others have been forced out of business. Chris Innes, owner of Elevated Vaping in Houston, Texas, announced that he would closing his shop due to the PACT Act and the U.S. Food and Drug Administration’s (FDA) stringent premarket tobacco product application (PMTA) requirements.
Vape Spot in Los Angeles announced it would be closing due to the PACT Act.
The Vape Spot in Los Angeles also announced they would be closing their store due to the PACT Act after 8 years helping smokers make the switch. Securience, parent to DuraSmoke, announced a merger with VapinDirect in order to stay in business. Logic will end all online sales on March 16. White Cloud Electronic Cigarettes said it would end all online US sales on March 26. Vapewild and Vistavape also announced that they would be closing up shop.
“If the increase in shipping costs wasn’t enough, the bill also imposes huge paperwork burdens on small retailers, and backs it up with threats of imprisonment for even innocent mistakes,” said Gregory Conley, President of the American Vaping Association. “This is not a law designed to regulate the mail-order sale of vaping products to adults; it’s an attempt to eliminate it.”
Effective March 28th, 2021, recipients of all vaping product(s) purchased online will be required, by law, to present ID and sign for their delivery. The USPS mail ban on vaping products will go into effect on April 27th, 2021. After this date, customers will no longer be able to receive vaping products by way of USPS delivery.
PACT Act regulations are stringent for online merchants that private shipping companies also will no longer deliver vapor products. “Effective April 5, 2021, UPS will not transport vaping products to, from or within the United States due to the increased complexity to ship those products,” said UPS spokesperson Matthew O’Connor in a statement.
Fedex began no longer accepting vapor products for delivery on March 1, 2021. DHL had already previously banned all shipments of nicotine-containing products and has now also ended all cannabis vapor product shipments.
If the PACT Act or PMTAs are forcing your shop to close, email timothy@vaporvoice.net and tell us about it.
March 14, 2021
Vape Shops Paying Price for Selling Counterfeit Products
A vape shop in Wyandotte County in the U.S. state of Kansas business has been ordered to pay $30,000 for selling counterfeit vaping products. Kansas Attorney General Derek Schmidt says a Vinodbhai Patel, operator of Jay Ganegh, LLC, has been ordered to pay $30,000 in penalties for selling fake e-cigarette products.
Credit: Auremar / Dreamstime.com
The company was ordered to pay the civil penalties in a consent judgment that was approved on Tuesday in Wyandotte Co. District Court by Judge Constance Alvery, according to an article on wibw.com. Schmidt said the defendants were also ordered to reimburse the cost of the investigation into their business.
Schmidt said that the consumer protection judgment is the third reached by his office in the past six months that address counterfeit e-cigarette products discovered by his Tobacco Enforcement Unit. Schmidt said in October of 2020, Aaron Dune and Smoke Stax, LLC, were ordered to pay $5,000 in civil penalties and the costs of his investigation in a case filed in Sedgwick Co.
According to the ruling, the defendants knowingly misled customers by falsely representing e-cigarette products to be authentic branded merchandise when they were not. Schmidt said the products involved in the case included both vaping hardware and e-liquids, adding that additional investigations into counterfeit vaping products remain pending.
February 13, 2021
SwissX Warns Shops of Selling Patent Infringing Products
Swissx Labs sent a cease and desist letter to hundreds of companies today demanding they stop selling Juul and other companies that manufacturer patent infringing products within 30 days. The goal is to protect the public from dangerous unapproved uses of its inventor’s IP, according to a press release.
Credit: Bill Oxford
The cease and desist letter demands that stores and chains remove vape products made by Juul and others from their shelves or risk being included in the massive lawsuit already underway for patent infringement. SwissX says it is concerned about the integrity of its inventor’s patent, as well as the safety of the public who may be being put in danger by infringing products.
When the suit is done it is expected the final penalty will top infamous cases on the level of the Enron scandal, the release states. Recipients of the cease and desist letter include 7-11, Speedway, Casey’s, Cumberland Farms, Quick Stop, AMPM, Wawa, ExtraMile and other roadside favorites. Also receiving the letter are major tobacco shop chains such as the 800+ store Smoker Friendly chain. They have 30 days to comply.
“We don’t want innocent retailers to get swept up in this,” said Rudy Delarenta, senior vice president of sales and marketing for SwissX. “That’s why we’re giving them 30 days notice to pull Juul’s infringing products. But if they refuse, we’ll do what we have to do.”
February 12, 2021
Vapor Product C-Store Sales Up More Than 12 Percent
E-cigarette sales continue to recover from a Covid-19 slump. Sales in C-stores are up 12.7 percent after rising 2.9 percent in the previous data release, according to the latest Nielsen convenience store report released last week. Nielsen does not track vape shop data.
Credit: William Thompson
Sales overall had slumped since February 2020, when the U.S. Food and Drug Administration implemented its latest round of heightened regulations on the products, according to the Winston-Salem Journal. Overall e-cigarette sales-volume growth has declined steadily since Nielsen’s Aug. 10, 2019, report, when it was up 60.2 percent year over year.
On Feb. 6, 2020, the FDA, among other things, required manufacturers of cartridge-based e-cigarettes, such as Juul Labs, R.J. Reynolds Vapor Co., NJoy and Fontem Ventures, to stop making, distributing and selling “unauthorized flavorings” by Feb. 6, or risk enforcement actions.
Top-selling Juul’s four-week dollar sales have dropped from a 50.2 percent increase in the Aug. 10, 2019, report to a 5% uptick in the latest report. By comparison, Reynolds’ Vuse was up 82.2 percent in the latest report and NJoy down 22.3 percent.
Juul’s market share dropped from 52.1percent in the previous report to 51.3 percent. It was at 53.3 percent a year ago. Vuse’s market share climbed from 29.2 percent to 30.6 percent, while No. 3 NJoy slipped from 5 percent to 4.9 percent, and Fontem Ventures’ blu eCigs slipped from 3.5 percent to 3.4 percent.
February 8, 2021
Vape Shop Owner Fighting Nova Scotia Restrictions
The latest round of restrictions for the vaping industry by Nova Scotia’s government has caught the ire of the co-owner of a vape shop in Dartmouth. William MacEachern of the Cloud Factory Vape Shop is seeking an injunction against the eastern Canadian province’s newest restrictions on vaping, arguing they unfairly burden adults who are trying to kick a bad habit.
Credit: Fraser Institute
MacEachern launched a constitutional challenge against increased taxes on vaping products, a ban on flavored e-cigarettes and e-liquids, and a prohibition on sampling items in vaping shops, according to Global News. His lawyers say the case is about Nova Scotians’ access to a valuable harm reduction tool in the war against a “No. 1″ killer: cigarettes.
“In basically doubling the cost of our applicant’s vaping products, it greatly reduces their access,” said MacEachern’s lawyer, Sarah Emery. “We’re not arguing that he has an economic interest to cheap vape products as a recreational use, we’re arguing this is a matter of access and that goes to Section 7 rights to security of the person.”
Emery and her partners at Patterson law are seeking an immediate suspension of vaping rules that came into effect in 2020 — rules that earned the province a good deal of praise from Canadian health advocates when first announced in 2019.
In April 2020, Nova Scotia became the first Canadian province to ban the sale of flavored vape juices and e-cigarettes in an effort to reduce their appeal to youth. Higher taxes went into effect in September that year, bringing the rate to 50 cents per ml of e-liquid, and 20 percent of the retail price of all devices.
January 27, 2021