Despite massive amounts of scientific evidence in support of vaping, such as the 2015 report issued by the UK’s Royal College of Physicians indicating that e-cigs are 95% less harmful than cigarettes, the FDA is still focused on regulating the American vaping industry out-of-business!
When the FDA deeming regulations were first announced in May of 2015, many were astonished to learn that all vaping merchandise is now classified as “tobacco products,” even though all e-liquids are essentially 100% tobacco-free! Due to the new regulations, all manufacturers of everything from vape mods to vape juice must now comply with a Pre-Market Tobacco Application (PMTA) process traditional reserved for only combustible cigarettes and other Big Tobacco products.
The PMTA will cost vape retailers as much as $1 million per product and require several months to acquire approval. Perhaps even more alarming, the FDA has only approved one PMTA application in the past six years. PMTA approval is not necessarily automatic or guaranteed.
Are the FDA Deeming regulations UNCONSTITUTIONAL?
Most vapers have never heard of Leslie Kux. This former FDA employee under the Obama Administration is the person solely responsible for signing the document responsible for creating the FDA Deeming Regulations. When Ms. Kux signed that document, vapor products officially became recategorized as “tobacco products” even though the e-liquids used in these devices are 100% tobacco-free.
The problem with Leslie Kux is that many legal experts strongly believe that she lacks the constitutional authority to create federal regulations, especially ones that threaten to EVISCERATE AN ENTIRE INDUSTRY! If these experts are right, then the FDA Deeming Regulations are NOT WORTH THE PAPER THEY ARE PRINTED ON!
On April 29, 2019, The Hill published a shocking article entitled, 1,860 unconstitutional FDA rules. The article specifically addresses the controversies surrounding Ms. Leslie Kux and why the FDA Deeming Regulations are unconstitutional.
“Because Kux was never nominated by the president, confirmed by the Senate, nor hired by the HHS secretary pursuant to a congressional authorization, she could not be an ‘officer of the United States’ as the Constitution defines that term. Career employees such as Kux (who worked at the FDA for 30 years) fill vital staff roles in federal agencies, but they are not democratically accountable for significant policy decisions. Kux’s exercise of rule-making power — the power to issue final regulations that are binding on citizens — was an impermissible end-run around the Constitution’s Appointments Clause, which allows only officers to exercise such coercive governmental power.”
The article also says that there is currently an active “lawsuit challenging the FDA’s “deeming rule.” making its way through the American judicial system. According to the complaint, regulating non-tobacco vapor products in the very same was as Big Tobacco cigarettes is not only illegal, it’s just bad public health policy. Vaping is 95 percent less harmful than smoking. So, why is the U.S. government trying to destroy the entire industry by regulating it out of existence?
Contact your local and state elected officials now and demand that they pass repeal the FDA Deeming Regulations! We show you how! Continue reading....
How do the FDA deeming regulations affect YOUpersonally?
The FDA deeming regulations officially went into effect on August 8, 2016, but many of the line-item regulations that threaten to wipe out the entire vaping industry are delayed until 2018. If the FDA deeming regulations are not repealed, then every vaper in the United States will feel its negative effects.
Instead of being offered new blends of e-liquid by retailers each and every month, consumers will be forced to purchase only those brands whose manufacturer has acquired an approved PMTA.
The release of new vape juices and technology will slow considerably due to the #1 million price tag of the related PMTA.
Instead of being offered a “new and improved” atomizer on a regular basis that resolves those frustrating leaking problems, for example, consumers may have to do without because the vendor cannot afford to pay a second, million-dollar PMTA fee.
Repairs of vaping and e-cig equipment via a firmware fix will no longer be readily available, unless the manufacturer chooses to pay the million-dollar PMTA fee.
Already, local vape shops are prohibited from giving away free samples of e-juices to their customers, which is part of the fun of heading down to the local vape shop.
Vape shops are also no longer allowed to assist customers with technology modifications or coil builds because every modification requires yet another payment of a million-dollar PMTA fee by the retailer.
Technological progress will stall to a snail’s pace. Retailers will be releasing new upgrades to vape mods less frequently, due to the time-consuming and expensive PMTA process.
Non-nicotine e-liquids and vape pens, including herbal vaporizers, are also at risk of being regulated out of existence. These products may be perceived as “tobacco products” by the FDA even if they are not used with nicotine enhanced e-liquids.
99% of the vapor products on the market today may disappear from online and “brick and mortar” vape shops only to reappear on the black-market which may significantly jeopardize consumer safety.
The American Vaping Industry Needs Your Help!!!
The FDA is determined to take away your right to vape by regulating nearly 99% of all existing vaping products out of business. Local vape shops owners simply cannot afford the million-dollar PMTA process required for federal approval of new vaping technology and e-liquids.
If the FDA deeming regulations are not immediately overturned, then Big Tobacco will once again have a stranglehold on the American people. Smoking addiction will once again rear its ugly head, and smoking related illness and death rates will escalate to epic proportions.
Help win the War on Vaping! Below is a list of ways that you can help! We’ve also included links to relevant scientific research that can be shared with your Congressional Representatives and State Senators. We even provide you with an easy way to gain their contact information and an example letter for you to use. Just copy, paste, and fill in the blanks!
Vaping save lives!
Join the fight and save vapor products from over-regulation.
What You Can Do:
Call and write your local Congressperson and/or Senators. Demand that they support the VAPING COMMUNITY!
To locate your congressional representatives quickly and easily, CLICK HEREand simply type in your zip code.
Don’t be afraid to make your email or handwritten letter personal. Included pertinent details as to how vaping as saved your life!
Contact the White House via private message! Or call White House phone number (202) 456-1111 or the alternate number: (202) 456-1414.
Send Presidential TWEETS to Donald Trump via @realDonaldTrump. The man LIVES on Twitter. Try to be the very first to respond to one of his tweets (regardless of the topic) with a tweet of your own in support of vaping!
Send tweets to your elected officials, congresspersons, and senators, mayors, city councilpersons, and so on. Remember: Vaping bans are now occurring at ALL levels of government.
Register to Vote!And VOTE! The 2016 Election is living proof that every vote matters. Register today and get ready to head to the polls…even during the midterm elections! Those are perhaps even more important than the Presidential Elections that occur every four years! The midterms are when politicians often try to sneak anti-vaping legislation onto the ballot!
Send a letter to the editor of your local newspaper. If you see an anti-vaping article in your local newspaper, respond to the editor in a politely worded letter. Offer some of the most recent scientific research to support your pro-vaping position (see below for several examples with links).
Get involved with social media. Join a vaping advocacy group on Facebook. Or follow along with fellow vapers on Twitter. Share articles. Leave comments. Stay informed. And educate others.
Sign the Petition to Repeal the FDA deeming regulations. There are several to be found online, such as this one located on Change.org.
Groundbreaking research studies to support your Right to Vape!
Royal College of Physicians of Great Britain: E-cigs are 95% less harmful than smoking
Published just days before the United States announced the crippling FDA deeming regulations that threaten to wipe out the entire vaping industry by 2018, the report released by the UK’s Royal College of Physicians indicates that vaping is essentially 95 percent safer and healthier than smoking. The report also sounds the global alarm that “Smoking is the biggest avoidable cause of death and disability, and social inequality in health.” The report is entitled Nicotine without smoke: Tobacco harm reduction.
Cancer Research UK: New study says vaping is up to 98 percent lower in cancer-causing toxins
A groundbreaking e-cig study recently published in February 2017 by the group Cancer Research UK indicates that switching to vaping from smoking combustible cigarettes can substantially lower the levels of cancer-causing toxins in the body by as much as 98 percent. The study entitled Nicotine, Carcinogen, and Toxin Exposure in Long-Term E-Cigarette and Nicotine Replacement Therapy Users: A Cross-sectional Study is published in the medical journal Annals of Internal Medicine.
William Carey University (WCU) and Lincoln Memorial University (LMU): New study shows e-cig vapors contains the same level of trace metals as ambient air
Scientists from the William Carey University (WCU) in Hattiesburg, MS, and Lincoln Memorial University (LMU) in Harrogate, TN, recently joined forces for an e-cig research project that completely disproves previous claims made by government agencies that e-cig vapor is filled with toxic trace metals. The study proves beyond a shadow of a doubt that e-cig vapor it contains no more trace metals than that found in everyday, ambient air. The WCU/LMU study from January 2017 is published on the website Frontiers in Physiology.
Centre for Addictions Research of British Columbia (CARBC) at the University of Victoria: New study says “Fears of a gateway effect are unjustified and overblown’
The CARBC team of scientific investigators led by Doctors Renée O’Leary and Marjorie MacDonald reviewed some 170 published articles from various public health agencies, scientific communities, and other pertinent resources. They found persistent claims by public health officials that vaping is a gateway to smoking to be almost completely fabricated and/or intentionally misleading with no basis in scientific fact. The report entitled Clearing the Air his readily available for review.
Monitoring the Future study discredits multiple CDC claims that vaping is a gateway to teen smoking
When University of Michigan Professor and Health Economist Kenneth Warner continued to be questioned by his college students about CDC reports claiming that vaping is a gateway to smoking, he decided to conduct his own study. He solicited a group of typical American teenagers from Grades 8, 10, and 12. The results of Warner’s study have been published in the American Journal of Preventive Medicine, and Forbes Magazine has reported on Warner’s findings, as well.
Join, support, and engage with these Vaping Advocacy Groups. They also take financial donations!
CASAA (Consumer Advocates for Smoke Free Alternatives Association)
Vaping Underground: This website is the most popular online vaping forum on the Internet today. Connect with vaping enthusiasts from all over the world. Ask questions. Share information. And catch up on the latest technology.
PS: CASAA, SFATA, AEMSA, AVA and NBS have formally announced their coalition to pursue legal and legislative strategies now that the FDA’s final deeming regulations have been released. The coalition will continue working to determine the correct litigation strategy and legislative actions. We will be informing the vapor industry and community of next steps, deadlines, PR objectives, and grassroots efforts. Organizations interested in participating should contact coalition partners.
Please feel free to contact any of the organizations listed above for more details.
Want to learn about the State-By-State Vaping Regulations?CLICK HERE for a brief list which will be periodically updated.
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