Act Now to Stop the Big Tobacco Protection Act in Oklahoma
Oklahoma was one of the early adopters of a PMTA Registry Law. These laws create a monopoly for Big Tobacco’s vape pod kits by removing competition from the market, and make the state government an enforcement arm for failed FDA policies. They also cost jobs and money, as enforcement isn't free and the remaining vape products are lower margin.
Oklahoma Bill HB 3971 has been introduced and referred to the House Committee on Business and Commerce. HB 3971 is scheduled for a hearing on:
- Wednesday, February 21, 2024
- 9:00 AM
- Room 206
- House Business and Commerce Committee
If enacted, this law would strengthen Oklahoma’s existing “vapor product directory” law with increased penalties, registration fees, and, ultimately, more funding to pay for Big Tobacco’s private police force. That police force would exist to criminalize your business and the products you sell to adult customers.
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Please take a minute to send an email to your lawmakers urging them to oppose HB 3971!
Big Tobacco's FY 2024 Strategy
If you are wondering these laws are proliferating in 2023, Altria's Fiscal Year 2024 analysis provides some insight. They have share holders to answer to and have to provide insight into their direction. Barclay's Equity Research could not have been more blunt about how they plan on increase sales in the coming year.
"It is possible that US cig vols improve if the FDA/DOJ are able to successfully clamp down on disposable e-cig growth. If this happens, US cig vols will improve."
CRITICISMS OF PMTA REGISTRY BILLS
Currently, no state has successfully implemented a PMTA registry due to legal challenges and enforcement difficulties. These are also fundamentally dishonest bills, applying only the portions of the FDA's failed vaping regulations that facilitate banning popular products not manufactured by the tobacco industry.
- Structured so that the tobacco industry’s vape products remain on market, despite also not having received PMTA authorization, while barring their less expensive competition.
- Serves as a flavor ban, denying adult vapers the flavors they prefer. An FDA funded study found cigarette sales increase in areas with flavor bans.
- Bars easy to use disposable vapes, which are ideal for initiates and not coincidentally compete head-to-head with prefilled pod kits made by Big Tobacco.
- Harms small businesses, vape shops and convenience stores, by removing high-volume and profitable products while leaving lower margin tobacco industry vapes on shelves.
- Contrary to spirit of consumer choice and entrepreneurship, barring products released after 2016.
OKLAHOMA WILL PAY TO ENFORCE BIG TOBACCO MONOPOLY
The price difference between independent vape industry products and those made by Big Tobacco is staggering. It costs over $200 to vape 30ml of e-liquid from a Vuse Alto. For Juul users, that cost increases to nearly $350 per 30ml. Jobs will be lost, taxpayers will cover the cost of enforcement, and customers will pay more for alternatives to combustible cigarettes.
A Lost Mary MT15000 Turbo costs a $63 to vape the same amount of e-liquid. The difference for the average user can equal a car lease or student loan payment.
This table does not even account for the fact that a legally enforced monopoly will provide the tobacco industry with the freedom to raise prices further. What is the worst that can happen? Profitable cigarettes sold in place of vapes?
Consumer freedom, choice, and your pocketbook will take a huge hit if the Oklahoma increases funding to enforce their Big Tobacco Protection Act.