FDA vs State Vaping Laws: Who Wins?

Get To Know Your State’s Stance On Vaping

This lesson is about the ongoing battle between state vaping laws and their interplay with FDA regulations. When you factor in all the different levels of government that are squeezing your vape shop or juice brand right now it’s hard to know where your individual business stands.

This article is part 3 of our FDA regulations mini-course. To signup for all training sessions, click here >>>

In our last FDA lesson we talked about how to deal with state and local politicians to get your vaping business approved. Here is a quick recap of the highlights:

  • Connect with your community outside of vaping
  • Talk with local business organizations about state vaping laws
  • Improve vaping’s public image at all times
  • Seek positive press about vaping
  • People are at the heart of any political change

Within the “e-cig community, much focus has been placed upon the Deeming Regulations that will go into full effect starting August 8, 2018. However there are many state regulations that we must consider.

In the training video below, Gregory Conley, Esq., discusses the interplay between FDA Deeming Regulations and state vaping laws. Conley is the president of the American Vaping Association (AVA). He is also an attorney who has served as the pro bono legislative director of Consumer Advocates for Smoke-Free Alternatives Association (CASAA). On a personal level, Gregory is an unofficial ambassador for the vape industry after successfully quit smoking for six years thanks to his use of vapor products.

Conley makes the following five points while explaining how FDA and state laws impact the vape industry:

  1. The American Vaping Association Is Really Important For Both Consumers And Business Owners

    The AVA is a partner to small and medium sized vaping businesses, on both the federal and state levels. It is neither a trade organization nor a lobbying firm solely dedicated to the business side of vaping. The AVA is a true advocate of vape business owners and consumers working hard to quit smoking.

  2. State Vaping Laws Usually Focus On Taxation

    According to Conley, indoor/outdoor vaping bans are the most common ways states infringe on vaping rights. These bans exist in as many as fifteen different states. With that said, state legislators tend to focus most of their energies on taxation of vaping products.

  3. The Stakes Are Highest in These States

    Conley considers Indiana, New York, California, and Minnesota to be the most restrictive states when it comes to vaping regulations. Because of lobbying, Indiana has been particularly tough against vaping products. In California, for example, consumers must be at least 21 to purchase vaping products although the federal age minimum is 18. Whereas Minnesota is the only state with a wholesale percentage tax on vaping products. Not surprisingly, states where the tobacco industry has a strong presence often have the strictest regulations against vaping since innovation always threatens the old guard.

  4. February 15th, 2007

    The Predicate Date That Will Live In Infamy – The FDA’s Deeming Regulations could become less restrictive if the predicate date is changed. The goal is to limit the exposure to manufacturers and retailers by avoiding restrictive regulations. Conley hopes that the date will be changed from February 15th, 2007 to August 8, 2016. This change will likely allow older and more established e-liquid manufacturers and vape shops to avoid costly testing procedures that could put many small business owners out of business.

  5. Get Involved With Advocacy Groups

    There are a number of advocacy groups, including the American E-Liquid Manufacturing Standards Association, fighting against legislation that could stifle the vape industry. Donating your time and money to these advocacy groups goes a long way in pushing for reform and addressing the issues most important to the future of the Vaping industry.

Change comes from a commitment to a cause, and we all have a role in advocating for the vape industry on the federal, state and local level.

This concludes our mini course on FDA regulations, but it does not conclude yours. You need to continually educate yourself on the status of city, state and federal vaping regulations. Pay attention to your Chamber of Commerce, your City Council and your state legislative meetings. Go to them and prepare to bare your testimony in defense of vaping. Always be fighting and never stop learning about how you can help.

Watch the entire presentation from our course entitled Vape U III – The Vape Shop Master Summit below.

Author: Jesse Plautz

Jesse is the Digital Marketing Director at VapeMentors and Chief Technology Mentor. He is an ecommerce and internet marketing expert with a background in business and technology.