Stop the Florida Vape Sales Ban
As a vape wholesaler or reseller, you and your business are on the frontlines. But you ability to sell adult vapers the products they seek is in danger. CLICK HERE to contact your local representative and let them know that your freedoms are not to be discarded because of Big Tobacco's lobbying efforts.
Big Tobacco’s PMTA Registry scheme is a nationwide full-court press to convince state legislatures to bar all vape products released after 2016 from the market.
PMTA Registry laws are carefully worded so that products such as the Vuse Alto, NJoy, and MyBlu are not impacted in any way hindered but popular disposable vapes are criminalized. In Florida, the bills in question are HB 1007/SB 1006.
As a business owner, you have skin in the game and must make your voice heard. Big Tobacco’s vape products are lower margin products that simply are not as popular. If they could compete on a level field of play, they would not have to criminalize the competition.
Please click on this CASAA Call-to-Action or use their Legislator Lookup to find who represents you. Let them know that you vape, you vote, and that this scheme will destroy jobs and lives.
What CASAA calls "The Big Tobacco Protection Act" has the power to destroy many lives and businesses.
Please also take a moment to send a message to your lawmakers urging them to oppose HB 1007/SB 1006. After you’ve made your call, take a minute to follow up with an email using the form provided on this page. Be sure to include your personal story about switching to vaping.
Florida in Big Tobacco’s Crosshairs
The Florida PMTA Registry Bill will ban virtually every top selling vape product from the market, leaving only tobacco industry manufactured pod kits and a smattering of refillable e-liquid brands left standing. Registry laws are a de facto vape ban and force the state to enforce the FDA’s failed PMTA system.
If passed, the tobacco industry will thrive and enjoy shelf space that is uncontested by more affordable, and popular disposable vapes. The independent vape industry offers products that cost far less for the consumer to use and have a better margin for the retailer.
While vaping has been under siege for many years, this bill will also criminalize vape sales. There are few vape shops can survive selling eight-year-old pod kits, mods, and a couple lines of e-liquid.
The tobacco-industry lobbyists carefully worded their PMTA Registry scheme by barring products from after 2016. Keep in mind the FDA has not approved the most popular tobacco industry vape pod products either.
Consumers and Businesses Lose
A legally enforced monopoly will provide the tobacco industry with the freedom to raise prices further and the profit margin for resellers. An impressive feat when their products already cost several times more per 30ml than the competing disposable vapes.
A recent FDA study showed that flavor bans increase cigarette sales. Vape shop owners have seen firsthand how many customers have benefitted from alternative vaping products. A law funneling these customers back onto cigarettes should be criminal, not providing adults with access to vapes in the flavors they prefer.
PMTA Registry Bills Nationwide
The tobacco industry has been unwilling or unable to compete with the independent vape industry in terms of price and innovation. Youth vaping rates have fallen every year since 2019.
The PMTA Registry Bills are a heavy-handed gambit to claim a monopoly on the market. A monopoly hurts the consumer and hurts the reseller. The ban on flavored pods that passed in response to 2018 “Teen Vaping Epidemic”, prevents Big Tobacco companies from offering the flavors that adults prefer in their expensive pod platforms.
PMTA Registry Laws tilt the playing field decisively in their favor. But it is not a long-term solution, as the FDA has only issued approval to a pair of defunct cigalikes with zero appeal or performance. They are not even bothering to manufacture one of the approved products as the demand is so low.
The elephant in the room is that a vape industry composed entirely of tobacco companies will be that much easier to ban in its totality.
With the FDA's shaky PMTA application process as the guideline, the Florida PMTA Registry converts state governments into an enforcement arm for clueless federal regulators.
Many adult vapers, and smokers will pay the ultimate price for this political maneuvering. Thousands of jobs will be destroyed in the process. Do not let your voice go unheard.
Consumer freedom, entrepreneurship, customer choice and your pocketbook will take a huge hit if the Florida Vape Sales Ban is to pass.
Key Concerns Regarding the Big Tobacco Protection Act
Hopefully the governor’s veto will not be necessary to kill of The Big Tobacco Protection Act. Here are some of the major issues with this proposed law.
Restrictions on Flavors
The act targets flavored vaping products, a move that could limit choices for adult vapers. Flavors have played a crucial role in helping smokers transition to vaping and reducing the appeal of combustible tobacco.
The proposed legislation may introduce stringent measures that could make it harder for adults to access vaping products. Such restrictions could inadvertently push individuals back towards traditional tobacco products.
Impact on Small Businesses
Local vape shops and small businesses within the vaping industry may face adverse effects due to increased regulations. This could lead to job losses and economic downturns in the community.
What Can be Done?
Now that we understand the potential ramifications of the Big Tobacco Protection Act, it's time to take action. Here's how you can contribute to the fight against this legislation:
Sign the petition: Sign the petition at CASAA, and don't forget that CASAA provides phone numbers and talking points as well. Here are some other ways to make your voice heard!
Keep yourself updated on the latest developments surrounding the act. Follow reputable sources and advocacy groups like CASAA to stay informed about the ongoing efforts to combat the legislation.
Engage in Advocacy
Join advocacy campaigns and lend your voice to the cause. CASAA provides a Call to Action, urging residents to contact their representatives and express their concerns about the proposed legislation. Every voice matters, and collective action can make a significant impact.
Share information about the Big Tobacco Protection Act within your social circles. Utilize social media platforms, community events, and other channels to raise awareness about the potential consequences of this legislation.
The battle against the Big Tobacco Protection Act in Florida is a critical one for the vaping community. By staying informed, engaging in advocacy, and spreading awareness, we can collectively work towards protecting our rights to access safer alternatives. Let's unite and ensure that Florida remains a place where adult smokers have the freedom to make informed choices for their well-being.
Unfortunately, these types of state legislation are being pushed heavily by the tobacco industry as the FDA seems incapable of managing regulations and threatens to be further weakened by the SCOTUS case Loper Bright Enterprises v. Raimondo. PMTA based directory laws have passed in Louisiana and Oklahoma, empowering the state to working to impose the arbitrary PMTA process on American business. Expect similar laws to be proposed in every state, as part of a unified front to eliminate the independent vaping industry.
With youth vaping rates down, gold standard studies showing the efficacy of vaping versus nicotine replacement therapy being released, and evidence that flavor bans funnel adult vapers back onto cigarettes, one may wonder why states have decided it is a good time to attempt to a coup de grace that would deny adults vapers access to nicotine products, destroy thousands of jobs, stamp out hundreds of millions of dollars in economic activity?
The issue can be found in the nation’s court systems. As mentioned above, the Fifth Circuit hammered the FDA for their incompetent handling of the PMTAs, an approach so strange and scattershot that a cynic might say it looks an awful lot like regulatory capture.
State Laws New Avenue for Vape Bans with Chevron Under Fire
Up to this point, the vape industry’s lawsuits against the FDA have been thwarted by Chevron deference or the Chevron doctrine. For decades, this now crumbling and controversial façade gave regulators vast leeway to interpret regulation and obliges the lower courts to defer to their judgment.
In response to Loper Bright, a group of vaping companies have filed an amicus curiae brief this summer in support of overturning the Chevron doctrine. Studies have shown that hiding behind Chevron has been a successful method for regulators to defend their policies.
Already on the ropes in a country that is increasingly skeptical of unelected experts stripping citizens of their freedoms, Loper Bright is expected to be the death knell of Chevron. Opponents of vaping and vaping flavors are losing faith in their ability to harangue and harass the FDA into banning products popular with adults. It certainly is not for lack of trying, as even this week elderly Illinois Senator Dick Durbin continues to publicly obsess that e-cigarettes using artificial fruit flavors rather than artificial tobacco flavors are available for sale to adult vapers.
As outlined by CASAA, this new wave of anti-vaping state laws represents a significant threat to the rights of vapers in Florida. It is essential to recognize that PMTA Registry legislation is not just another piece of regulation but a potential game-changer that could limit access to alternatives for smokers.