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Delaware has imposed new tax requirements for sellers of e-cigarettes and other vaping products.
The Delaware Legislature has increased the excise tax on tobacco products and imposed a tax on vaping products with the enactment of House Bill 242, which received Governor John C. Carney Jr.’s signature on July 3, 2017.
Vapor products are increasingly capturing the attention of state lawmakers, who see them as a potential new source of revenue. According to the Tax Foundation, only four states, three localities, and the District of Columbia had enacted taxes on vapor products as of January 1, 2016: Kansas, Louisiana, Minnesota, North Carolina, Montgomery County (Maryland), Chicago, and Cook County (Illinois). West Virginia and Pennsylvania imposed new taxes on electronic cigarettes and vapor products in 2016, and California followed suit as of January 1, 2017.
Two bills seeking to tax vapor products (HB 2165 and HB 2144) were considered by the Washington Legislature this session, but both died.
Electronic smoking devices and vaping products
The Delaware measure adds vapor products to the definition of “tobacco products” and requires dealers of vapor products to obtain licenses just like dealers of traditional tobacco. It defines “vapor product” as “any nicotine liquid solution or other material containing nicotine that is intended to be used with or in an electronic smoking device.”
“Electronic smoking device” is defined as “a nonlighted, noncombustible device that employs a mechanical heating element, battery, or circuit regardless of shape or size, to produce aerosolized or vaporized nicotine for inhalation into the body of an individual.” Electronic smoking devices include e-cigarettes, e-cigars, e-pipes, e-hookahs, vape pens, as well as “any other similar product with any other product name or descriptor.”
As of January 1, 2018, the sale or use of vapor products is subject to a tax of 5 cents per fluid milliliter of vapor product. Invoices for vapor products must include “the amount of vapor product in milliliters.”
Delaware’s current cigarette tax of $1.60 per pack of 20 cigarettes ($.08 per stick) is paid by cigarette wholesalers and passed on to consumers. Starting September 1, 2017, the cigarette tax rate will jump to $2.10 per 20-pack.
Tax on other tobacco products
Other tobacco products — chewing tobacco, cigars, and snuff, but not vapor products or moist snuff — are currently subject to a tax of 15 percent of the wholesale price. That rate doubles on September 1, to 30 percent of the whole price. The tax on moist snuff jumps from 54 cents per ounce to 92 cents per ounce.
Learn more about e-cigarettes and excise tax in this white paper.
Original Post Link by By Gail Cole - July 13th, 2017
Vaping advocates welcomed the news. (AP Photo/Nam Y. Huh, File)
On Friday, the head of the Food and Drug Administration, Scott Gottlieb, took an important first step to reforming the country's dysfunctional approach to tobacco and nicotine regulation.
The e-cigarette industry was bracing itself for near-destruction next year, when deadlines for prohibitively-expensive product applications were due Aug. 8. According to the FDA's own economic analysis, 99 percent of vapor products wouldn't even have had an application put forward, let alone been approved.
This would have led to an unjustifiable state of affairs where cigarettes would still be freely available but almost all e-cigarettes -- which are 95 percent safer, use no tobacco and help people quit smoking -- would be virtually banned.
Unveiling a comprehensive plan for tobacco and nicotine regulation, Gottlieb gave producers and vapers a lifeline. The FDA is extending the deadline for these draconianly expensive and complex applications to Aug. 8, 2022, giving much-needed breathing space to the thousands of businesses that would have had to close next year.
Michael and Carla Bowers, who own vapor businesses in New York City, Yonkers, N.Y., and Connecticut were considering closing shop because of the looming PMTA deadline. Upon hearing Gottlieb's comments, their first words were, "I guess we can renew our leases now."
In addition to the deadline extension, Gottlieb said the FDA plans to issue regulations that will make the product review process "more efficient, predictable, and transparent for manufacturers."
Vaping advocates welcomed the news.
"To say the least, we are relieved by Dr. Gottlieb's announcement. Without Dr. Gottlieb's leadership, over 99 percent of vapor products on the market today would have been banned in fifteen months' time," said Gregory Conley, president of the American Vaping Association.
Mike Hogan, a lobbyist for the Smoke-Free Alternatives Trade Association said he's been fielding calls from members of Congress asking what they think of the announcement. "I just thanked Democrat Congressman (Sanford) Bishop and Republican Senator Ron Johnson's staff for their creating the political space to allow this to happen."
Over the next four years, industry, advocacy groups, and public health officials will be able to weigh in and help the FDA to come up with a regulatory framework for tobacco and nicotine that provides, in the agency's words, "an appropriate balance between regulation and encouraging development of innovative tobacco products that may be less dangerous than cigarettes."
This is good news, not just for small businesses, but for public health. If helping smokers quit and reducing the incidence of death and disease is indeed a public policy goal, it's vital that government allows the transition away from smoking to be as easy as possible. The best way to do that is to allow consumers access to safer products they find most effective, which includes e-cigarettes.
Beyond deadline extensions, Gottlieb's statements on Friday showed a welcome new approach from the FDA, noting that "nicotine—while highly addictive—is delivered through products that represent a continuum of risk and is most harmful when delivered through smoke particles in combustible cigarettes." In other words, the FDA recognizes the fact that it is not the nicotine that kills, but the smoke caused by combustion, and that this will be taken into account when regulating tobacco, vapor, and other reduced risk products.
While this statement may appear obvious, it is of huge significance. By explicitly recognizing that reduced risk nicotine products such as e-cigarettes (and potentially smokeless tobacco) are an important part of the mix in helping people quit smoking, Gottlieb rejected the flawed arguments made by anti-vaping crusaders that abstinence only approaches to nicotine are the only valid option for smokers or that e-cigarettes should be treated in the exact same way as regular cigarettes.
But it wasn't all good news. A deadline extension for product reviews is welcome, but unless there are significant changes to the process, the e-cigarette market could suffer a crippling of innovation and widespread destruction in 2022. Not knowing who might be president and leading the FDA at that time only adds to the uncertainty.
The FDA will also be looking hard at potentially restricting certain e-cigarette flavors that are alleged to appeal to kids. In fact, there is little evidence for this claim, but there is strong evidence suggesting e-cigarette flavors play a critical part in how adults give up smoking.
"We are concerned that Dr. Gottlieb may be going down the wrong path with his focus on flavors and reduced-nicotine cigarettes, we are going to celebrate today and get back to fighting bad policy tomorrow," said Conley.
The FDA also announced it would be opening up a dialogue about reducing nicotine levels in combustible cigarettes to non-addictive levels, so as to prevent young people from getting hooked on cigarettes. This policy has been discussed in tobacco control circles for some time but is deeply misguided for a host of reasons, ably explained by public health expert and tobacco harm reduction advocate Clive Bates.
If the FDA continues to look at the evidence calmly and rationally, ignoring the siren calls for product and flavor bans, Scott Gottlieb will leave the FDA with a proud legacy of reducing death and disease while fostering an environment of innovation, harm reduction, and consumer freedom. Friday's report is a good first step to securing that legacy, but there's a long way to go.
Guy Bentley (@gbentley1) is a contributor to the Washington Examiner's Beltway Confidential blog. He is a consumer freedom research associate at the Reason Foundation and was previously a reporter for the Daily Caller. Brian Fojtik (@PositiveEnerG) is a senior fellow at the Reason Foundation.
Original Post Link by Guy Bentley and Brian Fojtik - contributors | Jul 31, 2017, 2:29 PM
VAPE AWAY E - cigarettes DO help smokers quit – and more should switch to vaping ‘for the sake of their health’, study finds
Sixty-five per cent of e-cigarette users have tried to give up compared with 40 per cent of fag smokers, according to a University of California study
VAPING is linked to a “significant increase” in the number of people quitting fags, say experts.
The soaring popularity of vaping has been linked to a sharp rise in smokers quitting the habit.
E-cigarette smokers are nearly twice as likely to quit smoking for at least three months compared to fag smokers.
Sixty-five per cent of e-cigarette users have tried to give up compared with 40 per cent of fag smokers, according to new research.
And they are almost twice as likely to succeed for at least three months.
Around 350,000 people in the US quit smoking 2014-15 due to vaping, said the University of California study.
The study suggested that vaping has a positive impact on smoking rates by acting as a nicotine replacement therapy.
But others argue that vaping could reduce the urgency to quit smoking.
Professor Shu-Hong Zhu of the University of California, who conducted the study, said: "This analysis presents a strong case that e-cigarettes played an important role in the increasing smoking cessation rate."
Professors at The University of California say the study suggests governments should be more lenient over e-cigarette use
Professor Zhu and his team of researchers set out to examine whether the increase in use of e-cigarettes in the US was associated with a change in overall rates of people quitting smoking.
They based their findings on five population surveys dating from 2001 to 2015.
E-cigarette users were identified from the most recent survey, in 2014-15, and smoking cessation rates were obtained from those who reported smoking cigarettes 12 months before the survey.
VAPE AWAY E-cigarettes ‘DON’T cause cancer’, say experts as new vaping laws come into force this month
Rates from this survey were then compared to four earlier surveys.
Of 161,054 respondents to the 2014-15 survey, 22,548 were current smokers and 2,136 recent quitters.
Among them almost half of those who had recently quit had tried e-cigarettes.
The overall population quit rate for 2014-15 was "significantly higher" - from 4.5 per cent to 5.6 per cent - than that for 2010-11, and higher for all other years.
The overall population tobacco quit rate for 2014-15 was "significantly higher" than previous years
Professor Zhu and his team said the study found that in 2014-15, e-cigarette users attempted to quit cigarette smoking and succeeded in quitting smoking at higher rates than non-users.
Prof Zhu said: "Other interventions that occurred concurrently, such as a national campaign showing evocative ads that highlight the serious health consequences of tobacco use, most likely played a role in increasing the cessation rate.
VAPE AT WORK Bosses ‘should let staff VAPE in the office in bid to encourage smokers to switch to e-cigarettes and help slash smoking rates’
"But this analysis presents a strong case that e-cigarette use also played an important role.
"These findings need to be weighed carefully in regulatory policy making and in the planning of tobacco control interventions."
In an accompanying editorial, Christopher Bullen, Professor of Public Health at the University of Auckland in New Zealand, said: "In light of this evidence, policymakers in countries contemplating a more restrictive approach to the regulation of e-cigarettes should pause to consider if pursuing such a course of action is the right thing to do for population health."
He said the findings of the American study "mount a convincing case for why the two most likely candidates - a large federal tobacco tax increase in 2009 and a nationwide mass media campaign - could not be stand-alone reasons for the change in cessation rates."
Original Post Link - by By Sophie Morris and Andrea Downey, Digital Health Reporter | 26th July 2017, 11:30 pm | Updated: 28th July 2017, 12:15 pm
The U.S. Food and Drug Administration today announced a new comprehensive plan for tobacco and nicotine regulation that will serve as a multi-year roadmap to better protect kids and significantly reduce tobacco-related disease and death. The approach places nicotine, and the issue of addiction, at the center of the agency’s tobacco regulation efforts. The goal is to ensure that the FDA has the proper scientific and regulatory foundation to efficiently and effectively implement the Family Smoking Prevention and Tobacco Control Act. To make certain that the FDA is striking an appropriate balance between regulation and encouraging development of innovative tobacco products that may be less dangerous than cigarettes, the agency is also providing targeted relief on some timelines described in the May 2016 final rule that extended the FDA’s authority to additional tobacco products. The agency will also seek input on critical public health issues such as the role of flavors in tobacco products.
Tobacco use remains the leading cause of preventable disease and death in the United States, causing more than 480,000 deaths every single year. In addition to the devastating human toll caused mainly by cigarette smoking, tobacco also causes substantial financial costs to society, with direct health care and lost productivity costs totaling nearly $300 billion a year. A key piece of the FDA’s approach is demonstrating a greater awareness that nicotine – while highly addictive – is delivered through products that represent a continuum of risk and is most harmful when delivered through smoke particles in combustible cigarettes.
“The overwhelming amount of death and disease attributable to tobacco is caused by addiction to cigarettes – the only legal consumer product that, when used as intended, will kill half of all long-term users,” said FDA Commissioner Scott Gottlieb, M.D. “Unless we change course, 5.6 million young people alive today will die prematurely later in life from tobacco use. Envisioning a world where cigarettes would no longer create or sustain addiction, and where adults who still need or want nicotine could get it from alternative and less harmful sources, needs to be the cornerstone of our efforts – and we believe it’s vital that we pursue this common ground.”
The FDA plans to begin a public dialogue about lowering nicotine levels in combustible cigarettes to non-addictive levels through achievable product standards. The agency intends to issue an Advance Notice of Proposed Rulemaking (ANPRM) to seek input on the potential public health benefits and any possible adverse effects of lowering nicotine in cigarettes. Because almost 90 percent of adult smokers started smoking before the age of 18 and nearly 2,500 youth smoke their first cigarette every day in the U.S., lowering nicotine levels could decrease the likelihood that future generations become addicted to cigarettes and allow more currently addicted smokers to quit.
“Because nicotine lives at the core of both the problem and the solution to the question of addiction, addressing the addictive levels of nicotine in combustible cigarettes must be part of the FDA’s strategy for addressing the devastating, addiction crisis that is threatening American families,” said Commissioner Gottlieb. “Our approach to nicotine must be accompanied by a firm foundation of rules and standards for newly-regulated products. To be successful all of these steps must be done in concert and not in isolation.”
The FDA is committed to encouraging innovations that have the potential to make a notable public health difference and inform policies and efforts that will best protect kids and help smokers quit cigarettes. To make this effort successful, the agency intends to extend timelines to submit tobacco product review applications for newly regulated tobacco products that were on the market as of Aug. 8, 2016. This action will afford the agency time to explore clear and meaningful measures to make tobacco products less toxic, appealing and addictive. For example, the FDA intends to develop product standards to protect against known public health risks such as electronic nicotine delivery systems (ENDS) battery issues and concerns about children’s exposure to liquid nicotine. It also will provide manufacturers additional time to develop higher quality, more complete applications informed by additional guidance from the agency.
The agency plans to issue this guidance describing a new enforcement policy shortly. Under expected revised timelines, applications for newly-regulated combustible products, such as cigars, pipe tobacco and hookah tobacco, would be submitted by Aug. 8, 2021, and applications for non-combustible products such as ENDS or e-cigarettes would be submitted by Aug. 8, 2022. Additionally, the FDA expects that manufacturers would continue to market products while the agency reviews product applications.
Importantly, the anticipated new enforcement policy will not affect any current requirements for cigarettes and smokeless tobacco, only the newly-regulated tobacco products such as cigars and e-cigarettes. This approach also will not apply to provisions of the final rule for which compliance deadlines already have passed, such as mandatory age and photo-ID checks to prevent illegal sales to minors. It also will not affect future deadlines for other provisions of the rule, including, but not limited to, required warning statements, ingredient listing, health document submissions, harmful and potentially harmful constituent reports, and the removal of modified risk claims, i.e., "light," "low," or "mild," or similar descriptors.
In order to further explore how best to protect public health in the evolving tobacco marketplace, the agency also will seek input from the public on a variety of significant topics, including approaches to regulating kid-appealing flavors in e-cigarettes and cigars. In particular, the FDA intends to issue ANPRMs to: 1) seek public comment on the role that flavors (including menthol) in tobacco products play in attracting youth and may play in helping some smokers switch to potentially less harmful forms of nicotine delivery; and 2) solicit additional comments and scientific data related to the patterns of use and resulting public health impacts from premium cigars, which were included in the FDA’s 2016 rule. Additionally, the agency plans to examine actions to increase access and use of FDA-approved medicinal nicotine products, and work with sponsors to consider what steps can be taken under the safety and efficacy standard for products intended to help smokers quit.
“This comprehensive plan and sweeping approach to tobacco and nicotine allows the FDA to apply the powerful tools given by Congress to achieve the most significant public health impact,” said Mitch Zeller, J.D., director of the FDA’s Center for Tobacco Products. “Public input on these complex issues will help ensure the agency has the proper science-based policies in place to meaningfully reduce the harms caused by tobacco use.”
To complement these larger policy considerations, the FDA plans to issue foundational rules to make the product review process more efficient, predictable, and transparent for manufacturers, while upholding the agency’s public health mission. Among other things, the FDA intends to issue regulations outlining what information the agency expects to be included in Premarket Tobacco Applications (PMTAs), Modified Risk Tobacco Product (MRTP) applications and reports to demonstrate Substantial Equivalence (SE). The FDA also plans to finalize guidance on how it intends to review PMTAs for ENDS. The agency also will continue efforts to assist industry in complying with federal tobacco regulations through online information, meetings, webinars and guidance documents.
The FDA, an agency within the U.S. Department of Health and Human Services, promotes and protects the public health by, among other things, assuring the safety, effectiveness, and security of human and veterinary drugs, vaccines and other biological products for human use, and medical devices. The agency also is responsible for the safety and security of our nation’s food supply, cosmetics, dietary supplements, products that give off electronic radiation, and for regulating tobacco products.
Original Post Link - by Lost Art - https://www.lostartliquids.com/blogs/news/fda-extends-deadline-to-2022
From FDA.GOV website, 7/28/2017
Switching to the world of vaping can be overwhelming and confusing to those who have been smoking for years.
There is plenty to learn about as you get accustomed to using an e-cigarette, especially if you move from a starter kit to more advanced set ups such as sub ohm vaping.
It’s common to make a few mistakes as you start out, but these errors can prove costly if you’re making them over and over again without realising where you’re going wrong.
Here are some of the mistakes many new vapers make upon their transition, and how to avoid these issues.
Many will pick up any liquid that looks good and load it up into their vape without thinking.
But the ratio of PG to VG is important – find out what those words mean here.
If you’re not getting enough vapour, or find that you have a sore throat, it may be worth upping your VG ratio.
If in doubt, go to your local vape shop to find out what type of e liquid is best for your device – or check forums online to see what others with your setup are using.
Getting a cheap device
It can be tempting to pick up an e cigarette that costs next to nothing so you can give vaping a go, but this is likely to result in a low quality experience and put you off pursuing it.
While there are hundreds of brands out there, it’s worth investing in a well-known brand with a good reputation so you know you’re getting a quality product – and a quality experience to match.
Not maintaining your coil properly
Many new vapers complain of getting a burnt taste when vaping, and there are a few reasons why this happens.
One is that you’ve left it in for too long – typically, coils need changing every few weeks.
If you burn out your coil – in other words, vape all of the liquid until there’s none left, then take what’s known as a ‘dry inhale’ – that will result in an unpleasant taste in your mouth.
Finally, a lot of people don’t give the liquid time to settle before taking a puff – if you try to vape while the cotton is still dry, it will burn. Hence the burnt taste.
Keeping your vape activated in your pocket
This seems obvious, but a large number of people will throw their vapes in their pocket, or a bag, and head off to do something – forgetting it’s still switched on.
Not only will this ruin the battery life, you’re also risking accidental leakage, not to mention the fact you could accidentally power it up on the move, which could cause additional damage.
Making sure your device is properly switched off before leaving it unattended – even if you’re planning on coming straight back to it – is the best way to ensure accidents don’t happen.
Vaping like a smoker
Those who have been smoking for years may be used to taking hard, quick puffs.
This isn’t how you should vape, though – it won’t create a nice cloud of vapour, and you won’t get a hit from the e-liquid.
To get the best result, take a long, soft inhale, then blow out the vapour. This will result in a decent cloud and the satisfaction you need.
Using too little nicotine
When first making the switch over to vaping, some people don’t get the right strength of e-liquid.
Buying a mix with too much, then vaping like there’s no tomorrow, can result in headaches and nausea, while getting too little nicotine can lead to users feeling unsatisfied and being tempted to go back to cigarettes.
Although every situation is different, as a general rule –
Running out of liquid
There’s nothing worse than taking your vape out somewhere, going to have a puff, then realising the liquid is nearly gone.
What’s more, you have no more on you.
Keeping a ready supply of liquid, both at home and on the go, means you won’t be dealing with going without, or having a burnt coil situation.
Forgetting your charger
The same goes for not having a charger on you, as taking your e cigarette out with you is pointless if the battery is dead.
This is another point which may seem obvious, but making sure your vape is charged before you leave the house is important – being faced with a dead device could end in you caving and getting a pack of cigarettes.
Not cleaning our your tank between e-juice flavours
It’s easy to just top up your vape with a new flavour before the other one has run out completely, but this kind of blending can result in a nasty taste.
Besides, it’s important to clean the coil regularly before it needs changing, as letting it get clogged up will affect the taste of your e-liquids, and could result in you needing to change the coil more often.
Getting cotton mouth
If you vape often, a common side effect is getting a dry mouth, which is known as cotton mouth.
This can be combated by drinking as much water as you can throughout the day so you can keep vaping without this feeling.
Photo Credits: Getty
Original Post Link - by Imogen Groome for Metro.co.uk - Thursday 27 Jul 2017 12:00 pm
The potential safety of e-cigarettes, devices that heat a liquid consisting of nicotine, flavorings and other chemicals to create a vapor, is hotly debated. Unlike traditional cigarettes, e-cigarettes do not contain tar or other chemicals generated by the combustion of tobacco that are responsible for harmful tobacco-related diseases. Proponents of e-cigarettes say they are a safer alternative to traditional cigarettes and can help people quit smoking.
Nicotine is harmful to the developing brain regardless of whether it's smoked through a traditional cigarette or an e-cigarette, Benard Dreyer, President of American Academy of Pediatrics, said during the press conference.
“Nicotine… regardless of its source is highly addictive and has clear neurotoxic effects especially on the developing brains of adolescent and even into early adulthood," Dryer said.
For years, e-cigarettes have been largely unregulated, with many consumers unaware of what chemicals are used in their e-cigarette products. In May, the Food and Drug Administration released a rule that requires electronic cigarettes to be regulated much like tobacco cigarettes. The rule requires nearly every e-cigarette on the market — and every different flavor and nicotine level — to submit a separate application for federal approval.
While many may believe that e-cigarettes emit a harmless aerosol, that's not the case, Dreyer said.
"Aerosol from e-cigarettes is not harmless, it includes nicotine and other potentially harmful chemicals including heavy metals and carcinogens," Dreyer said, adding that second-hand inhalation should also be avoided. "Because there is no safe level of exposure, it is extremely important to protect children from these."
Contributing: Karina Shedrofsky, Jayne O'Donnell and Laura Ungar.
Photo Credit: Nam Y. Huh, AP
Original Post Link - by Mary Bowerman, USA TODAY Network - Published 8:35 a.m. ET Dec. 8, 2016 | Updated 10:37 a.m. ET Dec. 8, 2016
Republican Gov. Chris Christie signed a law Friday making New Jersey the third state to raise its smoking age to 21.
Christie cited the strain on the health care system caused by tobacco-related illnesses. He also noted his mother died from the effects of smoking.
"By raising the minimum age to purchase tobacco products to 21, we are giving young people more time to develop a maturity and better understanding of how dangerous smoking can be and that it is better to not start smoking in the first place," Christie wrote.
Previously, the age was 19. The restriction applies to tobacco products and electronic smoking devices. Christie vetoed a similar measure last year.
Hawaii and California are the only other states where the smoking age is 21. A bill raising the age in Maine from 18 to 21 is awaiting Republican Gov. Paul LePage, who has not said whether he will sign it.
Reports show smoking causes about $4 billion in health care costs to New Jersey each year, said Democratic Sens. Richard Codey and Joseph Vitale, co-sponsors of the bill Christie signed into law. That amount doesn't include costs related to secondhand smoke or smokeless tobacco use, they said.
"Data surveys show that if individuals aren't smokers by 21 years of age, they will most likely not start later in their lives," Vitale said. "Making it harder to buy cigarettes by raising the age to legally purchase them in New Jersey will help prevent our youth from becoming lifelong smokers and suffering the long-term effects of the habit."
Associated Press writer Marina Villeneuve in Augusta, Maine, contributed to this report.
Original Post Link - By THE ASSOCIATED PRESS - Jul 21, 2017, 5:47 PM ET
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