VTA – FROM THE TRENCHES March 13, 2020

I want to be able to share these emails I receive from VTA with all of you. It’s difficult for me to post the original formatting of the “From The Trenches” email so I’m just going to post the textual content.

Should be you be interested in receiving these emails in their original format, you can do so on the VTA website. Just scroll all the way bottom and complete the “Stay Informed” section.

FROM THE TRENCHES
March 13, 2020
This week has been another busy week for VTA. We are on the ground in states all around the country and in Washington D.C., working to ensure that the voice of our industry is heard loud and clear. We cannot do this without your support. Please JOIN TODAY to keep this effort funded!

FEDERAL UPDATE
COVID-19
As concerns over the spread of Coronavirus have grown dramatically, businesses, public and private institutions, and modes of transportation throughout the country are altering the manner in which they conduct their operations and in many cases shutting down at least temporarily. Just today, President Trump declared a national emergency to further address the issue. We are closely tracking this situation to evaluate how it impacts our industry and our ability to engage in the types of regulatory activities that are required. In addition, we are looking for feedback on how the response to COVID-19 has adversely impacted or is adversely impacting your business and regulatory compliance efforts. Please send your comments to us at info@vaportechnology.org. Most importantly, please take care of yourselves and your families and follow the recommendations of our public health officials in your businesses and your home.

FDA Enforcement Activity
This week, FDA issued 22 warning letters to online and brick-and-mortar e-cigarette product retailers and manufacturers across the country who sell flavored, cartridge-based electronic nicotine delivery system (ENDS) products advising them that selling these products is illegal. The warning letters were sent to some establishments with well-known names such as 7-Eleven and Shell and are the first of what will be a series of ongoing actions consistent with FDA’s recently issued policy of enforcement priorities for e-cigarettes and other deemed products on the market.

We maintain the position that the removal of flavored vapor products from the marketplace is simply the wrong decision. VTA remains committed to working with legislators to craft effective regulations and real solutions that will achieve the twin goals of further restricting youth vaping (which already is illegal) while preserving flavored vapor as an alternative for adult consumers who are desperately trying to quit smoking.

STATE OF THE STATES
This week has been another busy week for VTA and its member associations in
statehouses. WE NEED YOU to continue to be vigilant as bills are being filed that include burdensome taxes on vapor products, as well as arbitrary flavor bans.

VTA SCORING VICTORIES!
VICTORY FOR VAPOR IN WEST VIRGINIA
Kudos to the VTA lobbying team which was able to defeat 15 harmful vapor-related bills throughout the state’s legislative session that ended last week. The only bill that passed was HB 4494, which creates a smoking and tobacco alternative task force. However, funding for the task force was removed by the Senate Finance Committee and was not added back in prior to full passage. Each year presents new and more challenges. We will continue to push forward defending the industry in West Virginia and look forward to working with the West Virginia Smoke Free Association in the future.
WASHINGTON VICTORY! FLAVOR BAN DIES AS SESSION ENDS
VTA and Washington Smoke Free Association have been fighting a flavor ban (SB 6254) since the beginning of the session. On Thursday, the bill was amended on the Senate floor and passed. Through one-on-one discussions by business owners and the VTA lobbying team with legislators, the bill never came to the
floor in the House as the session ended for the year last night. This is a significant victory for our industry and adults who use flavored products as a safer alternative to combustible cigarettes. Thank you to all those who helped us defeat this harmful legislation.

VTA FIGHT CONTINUES!
NEW YORK BUDGET HOLE IN THE MAKING! NY Flavor Ban Will Create A $900 Million Hole in New York State Economy
This week, VTA released an economic impact report on New York’s proposed flavor ban. According to the report, the ban would blow a $900 million hole in the state’s economy. What else is at stake for New Yorkers?

$160 million in state and local tax revenue
6,140 jobs
$300 million in wages
The proposed ban would decimate the small businesses that provide vapor products to adults desperately trying to quit smoking. We are continuing our fight in Albany, advocating on behalf of our members who would be severely impacted by this legislation. Read the full report here.

FLORIDA LEGISLATURE BANS FLAVORS!
On Thursday night, the Florida legislature became the first state in the country to pass a flavor ban. VTA and the Florida Smoke Free Association (FSFA) worked hard to fight back against a House vote on SB 810. Despite our best efforts, the bill passed and is waiting to be sent to the Governor. Thank you to all those who called representatives in opposition to this harmful bill and came out to make your voices heard loud and clear on Wednesday. THE FIGHT IS NOT OVER. Stay tuned for next steps.

VIRGINIA FACES POSSIBLE LIQUID NICOTINE TAX
In Virginia, with the support and hard work of the Virginia Smoke Free Association, VTA’s team was able to defeat a myriad of anti-vaping bills during this session. However, we have one last remaining issue in the Governor’s budget which seeks to impose a $0.066 ml tax on liquid nicotine products. Our team is actively engaged with the Governor’s office on this issue.

VERMONT FLAVOR BAN FIGHT HEATS UP
On Tuesday, VTA’s Head of State Government Affairs, Kinn Elliott, testified before the Vermont Senate Finance Committee in opposition to SB 288. As currently written, the bill would ban all flavored tobacco products, including menthol.

We are working closely with our partners on the ground to protect our industry and all adults who look to vapor technology to help them quit smoking.

IN THE NEWS
NEW YORK MAYOR TRIES TO TIE CORONAVIRUS TO VAPING
New York Mayor Bill de Blasio held a press conference on the coronavirus outbreak where he announced that people who smoke or vape are at higher risk of severe illness once infected. His comments were covered by several national outlets, including CBS News. The Washington Examiner published an OpEd, titled “Don’t fall for the alarmist claims linking coronavirus to vaping,” that heavily criticized the Mayor’s comments. Click here to read the full piece.

SCIENTISTS SAY ANOTHER PANIC-FUELING VAPING STUDY NEEDS TO BE RETRACTED

Health experts and academics believe that a paper published in the journal Pediatrics in 2018 incorrectly and dangerously argued that people who vape are more likely to become smokers. “Statistical voodoo” says Clive Bates. The experts are calling for this study to be retracted. Click here to read the full piece.

VAPOR HEARING SCHEDULE
TUESDAY, MARCH 17

New Hampshire HB 1662 – Relative to the Purchase, Use, and Possession of Tobacco Products and E-Cigarettes
Executive Session
Bill Link: 2/19/2020 Version
Quick Take: This measure raises the age for sales and possession of tobacco products and e-cigarettes. More specifically, this measure raises the possession and sales of tobacco products, e-liquids, and electronic cigarettes to 21.

WEDNESDAY, MARCH 18

New Hampshire HB 1708 – Relative to Certain Liquor License Fees and Establishing 2 Liquor Investigator Positions
Executive Session
Bill Link: 1/8/2020 Version
Quick Take: This measure requires all sales of tobacco products and e-cigarette products be on registers.

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Author: pbusardo