Adult access to popular combustible cigarette alternatives will be cut off and a Big Tobacco monopoly enshrined in law if Colorado House Bill 1356 passes, taxpayers will foot the bill and pay to enforce failed FDA regulations if this PMTA Registration is passed.

A bill (HB 1356) known to advocates as “PMTA Registry” legislation has been introduced and referred to the House Committee on Business Affairs & Labor. HB 1356 is scheduled for a hearing on:

• Thursday, March 21, 2024
• 1:30 PM
• H. Business Affairs and Labor
• House Committee Room 112

If enacted, this law would effectively make the state of Colorado an enforcement arm of the Food and Drug Administration empowering state authorities to enforce the disastrous federal anti-vaping regulations. This would put hundreds of independent vape shops out of business, hundreds of workers out of jobs, and demy thousands of adult alternative products. 

Please take a minute to send an email to your lawmakers urging them to oppose HB 1356!

If passed, Colorado taxpayers will foot the bill and pay to enforce failed FDA regulations if this PMTA Registration is passed.

Please take a minute to send an email to your lawmakers urging them to oppose HB 1356. Click the banner below or here to make your voice heard. 

PMTA Registry Laws

PMTA Registry Laws have been backed by tobacco lobbyists in dozens of states. Check out our deep-dive, the Big Lies of Big Tobacco, for everything you need to know about these laws.

PMTA is an acronym for Premarket Tobacco Application. This is the horribly broken FDA process that has approved all of seven obsolete cigalikes and 23 SKUs, which includes a narrow selection of unpopular artificial tobacco inspired flavor profiles. 

This process threatens to deny adult vapers access to the products they prefer. Especially hard hit are marginalized groups. This is why the Center for Black Equity called on the FDA to approve a wide range of e-cigarettes to ensure Black and LGBTQIA+ Americans can access effective options.

The PMTA Process was deemed busted beyond repair in a decision by the Fifth Circuit Court of Appeals in the case WAGES AND WHITE LION INVESTMENTS v. FOOD DRUG ADMINISTRATION.

They summarized the entire regulatory debacle with the following memorable quote:

ALTRIA'S PAST ATTACKS PMTA PROCESS 

In fact, Altria themselves questioned the PMTA process in the past. PMTA Registry Bills will remove products popular with adults from the market but are structured so their products remain on the shelves.

Here are some of Altria's past statements on the PMTA process.

• Unfortunately, Center for Tobacco Products (CTP) appears to be relying on a “fatal flaw” analysis to reject applications. This approach has drawn legal challenges, fuels suspicion that CTP is adjudicating applications with a pre-determined agenda and ultimately undermines the credibility of the Center and the Agency. Further, without a full and complete review, manufacturers lack insight needed to address deficiencies and re-submit an improved application.
• Science-based engagements should be encouraged between CTP and applicants. Yet, CTP project managers and Office of Science staff appear hesitant to have substantive engagements.
• Unfortunately, how CTP is currently interpreting and implementing that standard leaves manufacturers guessing as to what scientific evidence and rationale will satisfy APPH scrutiny. Without a clearly articulated definition for “appropriate for the protection of public health,” CTP risks making arbitrary and inconsistent decisions and undermining innovative product development, research execution and, ultimately, tobacco harm reduction.

Flavor Bans Increase Cigarette Sales

A recent FDA sponsored study found that flavor bans increase cigarette sales. Big Tobacco's prefilled pods are limited to tobacco flavors. Cigarettes of course are not impacted by these restrictions. Their motivations for supporting PMTA Registry Bills are not difficult to discern. 

Regardless of age, adult vapers overwhelmingly prefer the characterizing flavors that the FDA seems so reluctant to approve. This benefits the tobacco industry. Even the 45+ age cohort prefers flavored vapes at a rate of over 60 percent. 

Youth vaping rates have fallen every year since 2019, and the odds of a national flavor ban that would only benefit the tobacco industry seem more remote than ever. 

The table below shows the discrepancy in price to consumer between disposable vapes and tobacco-industry pod kits. Big Tobacco's prefilled pods are also lower margin products for the resellers. It is a lose-lose-lose situation for business owners, vapers, and potentially public health. 

Consumer freedom, entrepreneurship, customer choice and your pocketbook will take a huge hit if the Colorado Vape Sales Ban is to pass.