On November 8th 2016 Proposition 56: California Healthcare, Research & Prevention Tobacco Tax of 2016 was voted in by California residents. The California state tobacco tax will increase from 87 cents to $2.87 per pack of cigarettes. While some can spin this as a positive for the vaping industry, claiming the new tax will force many smokers to reconsider the habit and look to vaping as a healthier and cheaper alternative as they always have the outcome might not be so positive. Since electronic cigarettes and e-liquids are considered tobacco products, the tax could affect vaping companies as well as small business and consumers of vaping products.
There are many conflicting reports as to whether the tax will only be applied to e-liquid containing nicotine or all products whether they be nicotine free or hardware. Propositions such has these shows that vaping is still being demonized and misunderstood by many organizations and medical professionals. The sole ingredients in e-liquids are propylene glycerin, vegetable glycerin, flavorings and the option if nicotine. By the ingredients alone it is apparent that vaping is far more favorable than smoking and contains none of the harmful carcinogens or chemicals found in traditional cigarettes. Which leaves us wondering why the vaping industry is still facing such claims that vaping is just as dangerous.
There are simply not enough answers to all the questions everyone in the vaping community has about what Prop 56 means for the future of the industry. Will California based companies be forced to relocate? What does the future of local vape shops look like? Could this proposition steer people away from vaping? Only time will tell. We urge you to research your local propositions and be mindful of current taxes and laws in order to speak out and fight for the industry, and if need be, adapt and find ways to continue providing products to our customers.
If you’re interested in or are already importing e-liquids and hardware to Europe you’ve likely heard of the Tobacco Product Directive, otherwise known as TPD, which is an updated version of an EU directive that was implemented in May 2016. There is, however, a grace period which allows registered previously produced non-TPD products to be sold in shops until May 20th 2017. After that point all vaping products must be compliant with the EU TPD to be imported and sold and must have been notified 6 months prior to selling. We have compiled the following information addressing all requirements that must be met from this point forward.
Under the changes refill containers and e-liquid bottles must not exceed a quantity of 10ml. Prefilled atomizers are also restricted to 2ml maximum capacity. Bottles containing e-liquid must have a 1cm long nozzle, and emit no more than 20 drops of refill liquid per minute when placed vertically OR has a docking mechanism. Dripper bottles are banned under the TPD changes. All tanks/clearomizers must undergo emissions testing. Manufacturers and importers will need to submit them to the MHRA 6 months before being put on the market.
E-liquid must be made with EU or USA pharma grade nicotine and must not have levels higher than 2%.
E-liquids need to undergo testing, including emissions testing with a submission being made 6 months before sale is allowed. The responsibility for testing and submission falls on the manufacturer and the importer. If you are importing devices/e-liquids, you will need to conduct these tests and submit notifications. Note that submissions should be made 6 months before going to market. If you are not importing or manufacturing, you will not have to conduct these tests or notify of these products.
All e-liquids packaging - this includes boxes and labels - must now carry the health warning "This product contains nicotine which is a highly addictive substance". The warnings must appear on both front and back surfaces and cover at least 30% of its surface area as the text itself must be on a white background in black Helvetica type, centered, and in a font size that ensures the text occupies the largest possible proportion of the warning label space. As well as all ingredients and nicotine content displayed on the front of the packaging. A leaflet must be also included containing information on addictiveness, toxicity and storage.
It's been a while but do you remember the last time the FDA announced its deeming regulations that got us shitting our pants? Yah, we got something new for you. The most recent news to come from DC involves bipartisan bill from Reps Tom Cole and Sanford Bishop that is said to be a “game changer” for vapers. A little birdie said this new vaping bill has a decent chance of passing.
Stop the B.S. What is this New Vaping Bill About?
The Cole-Bishop bill is called the FDA Deeming Authority Clarification Act of 2017. Basically, it's the intent to change the predicate date to the day of the deeming regulations were finalized, August 8, 2016.
The original predicate date was February 15, 2007, which meant that vape companies would have to complete expensive and rigorous pre-market applications for every product, e-juice, nicotine level, etc, created after that date. The finalized deeming regulations froze a lot of product development throughout the industry and threatened to put almost all vape shops websites out of business. The new vaping bill would save all products on the market before August 8, 2016 and could quite possibly save the future of e-cigarettes.
The New Vaping Bill Protects the Industry’s Future
The FDA Deeming Authority Clarification Act of 2017 also sets a standard that will protect vaping companies from further attacks in the future. It includes measures involving battery safety standards and print advertising restrictions to limit exposure to kids. Cole clarifies that these measures would not be effective retroactively, which would help make sure that vape shops aren’t burdened unnecessarily.
How to Support the Vaping Bill
The stars align for this new vaping bill to be successful in saving e-cigarettes and countless jobs, let’s not forget all the infinite amount of lives in the future. As vapers in a community, now is the time, even more than ever to take charge! We need to stand together to encourage both the House and Senate to pass this bill so it will become a law that guarantees the rights of the e-cig industry and its customers. What the hell are you waiting for? Do you part by contacting your local Congress members today!
Recently, I've been noticing the crowds at the California Capitol dwindle. I've been to every meet - even if just to show support. I understand we all have businesses to run - and that's fine. If we can't start the fire, the least we can do is fuel it.
Vaping advocacy is heavy idea.Most of us in the industry are guilty of sitting back; spectating. Some of us don't know where to start.
If we can't donate time, we CAN donate money to organizations that help us. Organizations established by people that use their own time and money to make a difference, and work to change the industry for the better.
The first organization that we're hosting is NOTblowingsmoke.org
Planet of the Vapes, LLC will be donating on several fronts.
- Our eight shops across California will be asking for donations.
- Our build teams will be making pre-made coils.
- We'll be hosting an open blog for you to ask questions. If we can't find the answers, we'll make sure to ask somebody who knows.
- Once your donation is verified, we'll add your logo to the bottom of this page as a verified contributor.
100% of these funds will be used for advocacy.
Click the button below to donate directly to NOTblowingsmoke.org.
Not Blowing Smoke
263 Main Street #131
Oakley, CA 94561
Thank you for making a difference.
VP Sales & Business Development
Planet of the Vapes LLC