Keeping up with all the legal information can be daunting. But, knowing the information is quite necessary to properly help assist in advocacy efforts, as well as educate fellow vapers on non-smokers.
Not every person is going to agree with every legal action being taken against the deeming FDA regulations. That's why it is so important to really inform yourself to find out what and where you want to support.
With all the possible misinformation about the deeming regulations, the best resource to find out exactly what is going on is to actually review them. By clicking [Here], you will be taken directly to the FDA regulations.
Please be aware that the regulations is a bunch of vague legal jargon. If you are a shop or industry professional, it would be in your best interest to contact a lawyer to help you decipher how it can and will affect you.
H. R. 1136
To amend the Federal Food, Drug, and Cosmetic Act to provide for a certain effective date with respect to deemed tobacco products, to provide for the establishment of product standards for vapor product batteries, to provide for regulation of vapor products, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES February 16, 2017 Mr. Cole (for himself and Mr. Bishop of Georgia) introduced the following bill; which was referred to the Committee on Energy and Commerce
A BILL To amend the Federal Food, Drug, and Cosmetic Act to provide for a certain effective date with respect to deemed tobacco products, to provide for the establishment of product standards for vapor product batteries, to provide for regulation of vapor products, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.
This Act may be cited as the "FDA Deeming Authority Clarification Act of 2017".
Link for full description.
Plaintiff Nicopure Labs, Inc. ("Nicopure") brings this Complaint to set aside Defendants' unlawful final rule, "Deeming Tobacco Products to Be Subject to the Federal Food, Drug, and Cosmetic Act, as Amended by the Family Smoking Prevention and Tobacco Control Act; Restrictions on the Sale and Distribution of Tobacco Products and Required Warning Statements for Tobacco Products," No. FDA-2014- N-0189, 81 Fed. Reg. 28,973 (May 10, 2016) ("Deeming Rule" or "the Rule"). Click [Here] for more details; or [Here] for the PDF document.
As many of you know on July 13, 2016 a 40% tax on vapor products was passed into law in Pennsylvania. This law took effect October 1st and caused serious damage to small businesses in Pennsylvania. Unlike most other states that received a tax solely on e-liquid, Pennsylvania legislators also included vapor hardware. Since the passage of this tax the Department of Revenue has interpreted the very vague and ill-written law as nearly all components of hardware being taxable. This has cause wide spread confusion throughout the industry because many people believe the actual law and the Department of Revenues interpretation are far from the same.
In preparation for the tax taking effect Kingdom Vapor contacted Lindsay Law Firm to get a lawyers interpretation of the law and to gain knowledge on what products are actually taxable. Upon recommendation of our lawyers we determined what products are taxable, non-taxable, and DEFEND-ABLE. We are very confident that the products we are collecting tax on are accurate and well within the scope of the law.
Click [Here] for more details.
On July 25, 2016, Keller and Heckman LLP, on behalf of the Right to be Smoke Free Coalition and ten national and state e-vapor industry trade associations (the E-Vapor Coalition), filed a Motion for Summary Judgement in a lawsuit challenging parts of the Tobacco Control Act (TCA) and the Food and Drug Administrations (FDAs) recently published Deeming Rule which, effective August 8, 2016, captures most e-vapor products as regulated tobacco products under the TCA. The Right to be Smoke-Free Coalition is a non-profit, industry-led trade association of e-vapor businesses dedicated to promoting the interests of the industry by advocating for reasonable and responsible laws and regulations, and fighting for the right of vapers to be smoke-free. Click [Here] for more details.
Larry W. Faircloth (R) is a West Virginia Delegate for Southern and Western Berkeley County, 60th District, since 2012. He has filed a lawsuit against the U.S. Food and Drug Administration requesting that the court issue a preliminary injunction barring enforcement of the rule while the litigation proceeds, as well as requesting that the court permanently strike down the rule. Read more about Larry and his lawsuit below.