Stop the Virginia Vape Sales Ban

Attention Virginia vapers, your access to vaping products has never been in more danger.

Big Tobacco's newest scheme to eliminate the independent vape industry involves passing a series of PMTA Registry Bills at the state level across the nation. These bills frame commercially available nicotine products released after 2016 as "illegal". That their own vape products have also not received FDA approval is conveniently ignored. 

In the heart of tobacco country, Virginia is next on their list. Click here to visit CASAA's page dedicated to notifying politicians that vapers are voters whose rights are not to be discarded for political expediency and lobbying dollars. 

These laws will ban virtually every top selling vape product from the market, leaving only tobacco industry manufactured pod kits and a smattering of refillable e-liquid brands left standing. With no flavored vapes on the market, the cigarette sellers will certainly benefit. A recent FDA study shows that vape flavor bans increase cigarette sales

Virginia CASAA LinkPMTA Registry laws are already in place in Oklahoma, and Louisiana. CASAA refers to this cookie-cutter and self-serving piece of legislation as the “The Joe Camel Protection Act”. Make no mistake. This law is a de facto vape ban.

When passed, PMTA Registry bills force vape shops to close, decimate the industry, deny adults access to vape products, and leave the tobacco industry with uncontested control of the market.

Virginia is the most recent target of this full-court press. And if one was to ask we are mischaracterizing a good faith attempt to protect consumers and children, from both vaping and Chinese imported products, keep in mind that their vape products are also manufactured in China and their fiscal year 2024 guidance specifically discusses how the increased regulation of vaping products will help spur more cigarette sales. 

Contact Your Local Representative!

Virginia Senate Bill SB 550 is what is referred to by proponents as a “PMTA Registry” Law. 

A substitute bill, that still contains a PMTA Registry provision, was adopted and reported out of the S. Commerce and Labor committee. SB 550 is now heading to the Senate committee on Finance and Appropriations. No hearing is scheduled yet.

If enacted, this law would effectively ban all vaping products that have not been granted marketing orders through FDA’s “arbitrary and capricious” authorization process and make the state of Virginia an enforcement arm of the Food and Drug Administration empowering state authorities to enforce the disastrous federal anti-vaping regulations.

This would put hundreds of independent vape shops out of business, hundreds of workers out of jobs, and thousands of Virginians at risk of returning to smoking, or delaying attempts at quitting.

Please take a minute to send an email to your lawmakers urging them to oppose SB 550! 

Act Now to Protect Vaping

We urge you click on the call to action banner above to make your voice heard. You can also use CASAA’s legislator lookup to find who represents you and let them know that you vape, you vote, and that Big Tobacco is pulling the wool over their eyes.  

While vaping has been under siege for many years, this bill will criminalize vape sales, and remove virtually every product from the market that is not made by Big Tobacco. 

Law Costs Vapers Money and Freedom

The price difference between independent vape industry products and those made by Big Tobacco is staggering. It costs over $200 to vape 30ml of e-liquid from a Vuse Alto. For Juul users, that cost increases to nearly $350 per 30ml.

A Lost Mary MT15000 Turbo costs a $63 to vape the same amount of e-liquid. The difference for the average user can equal a car lease or student loan payment. 

This table does not even account for the fact that a legally enforced monopoly will provide the tobacco industry with the freedom to raise prices further. What is the worst that can happen? Profitable cigarettes sold in place of vapes?

Under the Virginia PMTA Registry Bill, all vape products released after 2016 will be barred. This means every popular disposable will be gone, leaving Vuse, Juul and MyBlu with a virtual monopoly. A recent FDA study showed that flavor bans increase cigarette sales.

PMTA Registry Bills Nationwide

The tobacco industry has been unwilling or unable to compete with the independent vape industry in terms of price and innovation. Instead, they have opted for attempted regulatory capture of the FDA and lobbying politicians. 

Youth vaping rates have fallen every year since 2019, and the odds of a national flavor ban that would only benefit the tobacco industry seem more remote than ever. The FDA's PMTA debacle is under fire as Senators raise questions about the fairness of the entire process. 

To tilt the playing field decisively in their favor, they have devised state level restrictions based on the FDA’s flawed PMTA system. The only issue is that only a couple of defunct cigalikes have been approved by the FDA. As lobbying at the state level is a negligible expense for the deep-pocketed tobacco industry, these laws are expected to be proposed in every state.

The tobacco-industry lobbyists carefully worded their PMTA Registry scheme so that it bars products released after 2016, as the FDA has not approved the most popular tobacco industry vape pod products either.

With the FDA's shaky PMTA application process as the guideline, these laws essentially convert state governments into an enforcement arm for clueless federal regulators. Adult vapers, and smokers will pay the price for this political maneuvering and thousands of jobs will be destroyed in the process.

Consumer freedom, choice and your pocketbook will take a huge hit if the Virginia Vape Sales Ban is to pass.

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