September marks the time of the year that the UTSFA begins to refocus our time and effort away from the summer and towards the January start of the legislative session. On September 24th, we will be co-hosting our annual fundraiser to raise funds not only for Utah advocacy, but most importantly for the fight on the federal level. What’s going to happen in Utah is still a mystery but we can tell you we have some things of our own in the works. What we expect to happen this year is:
- A return of Students Against Electronic Vaping, a statewide high school group
- A third return of Tobacco21
- A fifth attempt at taxation
- A bill to ban all vaping at vapor specialty retailers
- A bill to clean up the 2015 HB0415 bill due to the FDA deeming regulations
- A bill to address the federally illegal nature of prior bills
We believe this to just be a partial list of what will come our way this next session. This will be the most active legislative session to date and we need all hands on deck. We need the ENTIRE community to be in close contact with their elected representatives so they understand our community is large and will not sit back and be walked all over.
Advocacy isn’t as cheap as it once was as the battles now require the industry to employ a team of lobbyists and attorneys to help keep the bills at bey and doing significant damage to the industry. Simply showing up to hearings and meetings is no longer enough.
If you own an industry business and are in Utah but are not supporting the local fight financially, please understand one important point. If a tax bill passes, the Utah industry will end and your business will close. It takes lobbyists and the strong relationships we have with several powerful national organizations who back the UTSFA efforts to keep this from happening. Look what happened in Pennsylvania, Washington DC and other areas that passed their taxes. Within weeks of the tax passing, businesses started closing down and employees were left without jobs. Lobbyists and Attorneys are NOT cheap and we need ALL businesses to contribute to the local fight so we have sufficient funds. We also try and be prepared to bring in some very powerful national allies but alas, they too are not free.
If you are a business and want a stronger voice in the fight, click here to join as a member or a sponsor and stand up to help us fight back. If you are a consumer, consider donating $20 or as much as you can to help out – this is less than one Beans & Brew speciality coffee a week. To see which of the excellent Utah industry businesses contribute financially to help protect our right to vape, click here.by
As many have seen, the Utah Dept of Health has released an update to the HB0415 regulations (Rule R384-415) on September 1st. Anyone may submit public comment through 5pm MDT on October 3rd and providing no further updates are required, will have an effective date of 10/10/2016. The changes are intended to clarify the rule in light of the FDA’s Tobacco Control Act Deeming Rule.
You may review the revised rules by clicking here
The UTSFA has reviewed the updates to the regulations and the following is our assessment of the language:
- Requirements for batch numbers have been removed, any FDA requirements remain
- Requirements for specific qualities of ingredients has been removed
- Requirements for Utah specific labeling requirements have been aligned to match FDA requirements. This means,
- No requirement for tamper evident warning
- No unique Utah language for nicotine warning, any FDA requirements remain
- No requirement for manufacturing name, any FDA requirements remain
- No requirement for an ingredient list, any FDA requirements remain
- A Utah specific requirement for non-nicotine warning was added
- The maximum nicotine content rule remains
- The rule allowing for a 10% variance in nicotine content of a final mixed product has been removed
- Requirement for use of a tamper-evident feature has been removed
- Enforcement of the rules remains with the Departments of Health
- Requirements for record keeping has been removed.
- Language added that allows for only the sale of FDA approved products after August 8, 2019.
Based on a few of the items above, the UTSFA will likely be submitting feedback during the public comment period to try and correct a few items we believe are in violation of the new federal regulations and express our concern the modifications were done in isolation without input from the committee who designed the regulations. As further updates become available, the UTSFA will inform the community accordingly.by
The Utah Smoke Free Association and the Wyoming chapter of SFATA have teamed up for our 2nd annual Advocacy Casino Night fundraiser to support vaping advocacy. The majority of all proceeds raised will go to support the Right to be Smoke-Free Coalition (www.r2bsmokefree.org) and their legal fund for the FDA lawsuit and 100% of all proceeds will stay in advocacy.
Following Wyoming and Federal laws, this event is open to the public and you must be 18 or older with a valid government issued ID to enter – MUST HAVE CURRENT AND VALID ID TO ENTER, NO EXCEPTIONS
Admission is $10 (cash only) for entry only or $15 (cash only) if you want event entry PLUS the gift bag, casino points, beverage coupon & 5 prize tickets (only 50 gift bags available).
We have Casino Parties of Utah providing gambling fun for all participants from 5-9pm with Blackjack, Craps and Roulette tables. There will be food provided along with soda, beer and malt beverages (21+ strictly enforced) for an additional cost. We are also working on bringing in advocacy experts to talk to everyone about the federal and state battles to help each of you fight back against the unjust regulations.
Please see our Facebook event for full details: https://www.facebook.com/events/562646627270722/by
Today marks the last day before the deeming regulations kick in. As of tomorrow, the landscape of the vapor industry as we know it changes dramatically. This is just a snapshot of what this means for our beloved industry:
- Vapor businesses are being forced to lie to consumers and are not allowed to make any claims through advertising, public statements, or their customers that these products are at least 95% less harmful, have fewer or no additives, has no tar or carbon monoxide when compared to other tobacco products. This ONLY applies to businesses though so for the consumers, keep preaching the truth because you are now the only voice of truth we have.
- Shops, manufacturers and advocacy organizations are no longer allowed to give away free samples to the consumers; this applies to flavor sampling and giving away free product via rewards (“Buy 2 get 1” IS acceptable however). Customers MUST pay for sampling BEFORE you can sample a new flavor. For our retailers, you will need a SKU set up in you POS where you can record and show evidence of the charge. If you are a consumer, today August 7th, is the last day you can sample without paying so get out there TODAY and support your local vape shops to try as many of the new lines that have been introduced in the last few months.
- No new products, improvements to existing products or innovations may be introduced to the market. This means:
- No new liquids that were not previously sold or marketed prior to August 8th can be introduced.
- Retailers must stop building coils & changing cotton
- Retailers cannot teach a customer how to assemble their device and use it safely, fill their tanks, drip e-liquid on cotton or offer a repair service.
- All retailers MUST check your government issued photo ID for EVERY customer who appears under the age of 27 – no exceptions. Even if you are a customer who has frequented the location for years, you must produce your ID for every single transaction if you appear under 27.
We know this is a difficult time for everyone and as of Monday, our retailers and manufacturers will be officially entering into a new time of uncertainty. We ask all consumers to remain patient with the businesses while they work to ensure they meet all the necessary regulations. There is still much work to be done on their side to meet the upcoming further deadlines so please be understanding. We would like to ask all consumers to funnel their frustration towards the federal fight. There are a few things you can do to help:
- Visit august8th.org to fill out the form and urge your federal representatives to support HR2058 and the Cole/Bishop Amendment.
- Participate in the #WeAreVapor call to action by taking a photo in front of your favorite shop and posting to social media and tagging your federal representatives http://utsmokefree.org/2016/07/vta-consumer/
- Support the Right2Be Smoke Free Coalition by donating money to help fund the lawsuit against the FDA https://www.r2bsmokefree.org/donations/fda-contribution/
- Every vapor business should be supporting advocacy through joining or financially supporting an organization of your choice who helps fight the local battles. There are national organizations such as SFATA, CASAA, AVA, and VTA who are focused heavily on the national FDA fight and they need & deserve your support too.
We ask all customers to please NOT get angry at your retailer as they must do all this to follow federal laws to avoid stiff penalties. This is NOT the time to give up but you should NOT stay calm. We must work TOGETHER instead of against one another and focus our attention on the preservation of the industry that each one of you fought hard to build. Write your congressman, send in letters to the editor of your local papers, donate money to the cause but do not just sit back expecting advocates to fight the fight. This is a time that our #VapeFam must come together to fight. This is a battle that will take EVERYONE to participate in to help win back the industry that was founded to save lives….#ABillionLivesby
Calling all Consumers of Vapor Products
GET INVOLVED AND SAVE THE VAPOR INDUSTRY!
Calling all consumers of vapor products across the country! The Vapor Technology Association (VTA) is hard at work in the nation’s capital promoting responsible public policies like the Cole-Bishop Amendment that will save the entire vapor industry and will preserve your ability to access and continue to use quality vapor products. We have made a lot of progress, but now we need YOUR help! If we are going to be successful, we must show our elected leaders in Washington exactly who you are. You are the consumers who rely on vapor products, and you need to make your voices heard!
FOLLOW THESE 3 EASY STEPS TO MAKE YOUR VOICE HEARD
- TAKE A PHOTO! Take a photo in front of your local vape shop(s), with your friends, or just yourself!
- TAG YOUR ELECTED OFFICIALS! Go to http://cqrcengage.com/vaportechnology/federal and enter your address in the “Find Your Elected Officials” box. Then, click and scroll down to find your Representative and your 2 Senators. Write down their Twitter and Facebook handles so you can tag them in separate posts.
- POST YOUR PHOTO WITH A MESSAGE! Post your photo to Twitter and Facebook using #WeAreVapor and #SupportColeBishop with one of the simple messages below and tag your representative.
Please use one of the suggested messages below so our message is consistent. For Twitter, choose one of these suggested Tweets:
- @[REPRESENTATIVE] Vaping saved me. Now we need you to #SupportColeBishop and save vapor in our state! #WeAreVapor [INSERT PHOTO]
- Together #WeAreVapor! @[REPRESENTATIVE], vaping saved me. #SupportColeBishop and preserve my choice to vape. [INSERT PHOTO]
For Facebook, use this suggested post:
- We are consumers, employees, and supporters of small businesses in our state. Together, #WeAreVapor!
- @[REPRESENTATIVE] Vaping saved me. Now we need you to #SupportColeBishop and save vapor in our state. [INSERT PHOTO]
This is important – Use both these hashtags: #WeAreVapor #SupportColeBishopby
Due to the online sales ban, the community has been asking how they can help. While this cannot be fixed in the immediate term, there is something you can do. This will be a long-term call to action with no specific timeline for now. Without a voice, your elected representatives do NOT know that you are affected.
All members of the community should contact their location specific legislator via phone, email or in-person and ask that they repeal this ban in the upcoming session. Business owners need to be organizing face-to-face meetings with their elected representatives. Do not contact a legislator that is not your representative for where you live or where your shop is located since they do not represent you.
Most legislators do not even know that the illegal ban was instituted as the sponsor of HB415 during the 2015 session did not disclose the language to anyone nor was it discussed in committee or debated when presented for approval. Others think it was defeated and never implemented however our attorney’s tell us otherwise. If they tell you the ban doesn’t exist, let them know that the language in the “Electronic Cigarette Licensing Act” requires out of state businesses to obtain a Utah license and open a location to sell locally, which is the illegal portion. Request that they review the statute in detail and if necessary, follow up with the Utah legislative attorneys.
You can find your elected representatives here: http://le.utah.gov/GIS/findDistrict.jsp
We understand that everyone is passionate about this and many are quite emotional over the situation. Remember to be VERY polite, factual and non-emotional when you speak to them. Getting angry or being insulting will do more harm and have serious negative repercussions for the industry. In short, kill them with kindness.
A few talking points to consider:
- Let them know that you vape and you vote and their support will mean your support at the polls this November.
- We do not condone the use of vapor products by underage youth but creating a prohibition for over 35,000 adult residents due to the actions of a small group of offenders will not solve the issue. (Think of it this way, would a gun ban stop the criminals?)
- Banning online products makes combustible tobacco more accessible for roughly 1/3 of our state.
- Let them know how this will affect you personally
You’ll want to keep emails short and to the point and remember to be polite. Anything that takes more than 1-2 minutes to read will get long and the point will get lost. If you are able to speak to them, respect their time and be as brief as possible but remain polite.
Lastly, remember that our legislature is part-time and they are only at the capitol one or two days a month this time of year so their response may be a bit slow.by
Despite our best efforts, the state of Utah would rather destroy than protect the health of our adults and children.
As of July 1 2016, a consumer online sales prohibition goes into effect for all e-cigarette and vapor products; e-liquid, hardware, accessories…all of it. This means that no matter the location of the vendor, any business selling to a Utah resident without being physically face to face with the customer will now be illegal. This is devastating news for the over 35,000 consumers statewide. Around half of these consumers have no access to specialty retailers to purchase quality products due to our draconian zoning regulations which forces them to purchase online. We fear that this will drive these non-smokers to return to smoking combustible tobacco and elevating the states smoking rates after historic declines thanks in part to vapor products.
The prohibition is due to language that was added into 2015 HB415 that was not discussed nor debated and was a DELIBERATE bait and switch tactic by Representative Paul Ray. He knew the language was there yet when the bill was presented to the industry, the public, the legislative committees and his peers he chose NOT disclose the true intent. We find this conduct unbecoming of an elected state representative and is the most unethical action in the 6 years of legislative activity to destroy an industry founded to eradicate combustible tobacco. In the professional world we all live in, this would amount to nothing less than fraud and we would be sued for it.
The online ban was Rep. Ray’s method to control the illegal purchasing by underage youth since there is little that can be done to punish them for their illegal behavior. Unfortunately by taking this path, he has done nothing more than to force ADULT consumers outside the Northern, Central and Southern Wasatch Front back to smoking deadly combustible tobacco since the zoning regulations prohibit the opening of qualified vapor specialty retailers. This is bad for the public health and bad for the consumers, their children and loved ones who will once again be forcibly exposed to second hand tobacco smoke.
The UTSFA has been working on resolving this for a few months but we only received news on Wednesday that there was nothing we can do at this time. We are working on other avenues but it will take time and funding to resolve thus there is nothing that can be done about this in the short term.
If you are a consumer in Utah who will be affected by this, we strongly encourage you to reach out to your representatives and senators and ask that they repeal this ban in the upcoming session. Without a voice, your elected representatives do NOT know that you are affected. You can find your elected reps here: http://le.utah.gov/GIS/findDistrict.jsp
If you would like to help the UTSFA fight this unconstitutional ban, you may donate once or as often as you can afford to help us take the steps to keep vaping available for adult consumers statewide.
The Utah Smoke Free Association is a registered in the state of Utah and federally recognized as a 501(c)4 non-profit trade association. Therefore we are not a charitable organization and donations or pledges are not tax deductible as such.by
On August 8th 2016, the Vaping industry will forever be changed. Some of the effects have been felt already. If you don’t want to feel the long term effects permanently you have to do your part to fight.
Doing your part is more than just waiting for “call to actions” or requests to make calls and send letters from advocacy groups. It’s more than raising funds for advocacy groups and following the trash talk bandwagon whenever an anti-Vaping organization spreads misinformation. It’s more than making social media posts, more than being a Vape celebrity or a vape thought leader. It really is about being a vaper and talking to friends and family and educating them.
I constantly see and hear people saying “now is the time to fight” and “they can’t get rid of an entire industry”. Truth is we failed to fight, we failed to focus on the fight against the deeming regs for many years. We knew they were coming, we even knew what might be included in the final version and we did very little to prevent it. Because we failed to fight as one, it is a very real possibility they could end and entire industry.
Here’s what happens August 8th:
- No new products can enter the market.
- The clock starts for companies to file PMTA’s for products on the market after February 2007. Companies have two years to file with no guarantee of approval. If no approval is gained that product must be removed from the market.
- Shops can no longer mix e-liquid, build coils, or replace atomizers or modify devices without registering with the FDA as a manufacturer. Registration deadline is Dec. 31st 2016 for manufacturers. If a shop decides to register as a manufacture they are subject to a significant amount of additional regulation that most will not be able to comply with or afford.
- No free samples. Period. No exceptions. The FDA requires sampling to have a fee; and that fee cannot be meaningless. It must also be a nominal fee that is equivalent to the value of the sample received. This applies to consumers, employees, and wholesale as well. Say goodbye to free giveaways and free in store sampling
- Advertisements must have a specific warning statement with special formatting requirements.
- Flavoring companies who wish to sell to the Vaping industry must disclose their formulations to the FDA and be considered a component of a tobacco product. While this requirement is not dictated by the FDA nor does t have a compliance date of August 8th; any flavoring company who is not going to comply will cause products with their flavoring to have to be removed from the market because changing a flavoring after August 8th would make it a new product and immediately prevent it from being on the market without FDA approval.
- We become censored. No longer can we claim that Vaping helps people quit smoking, we can no longer claim Vaping is safer than smoking or that it is tobacco harm reduction. Doing so could result in enforcement action by the FDA for a number of different violations such as misbranding or adulteration or false claims. Doing so without approval of a MRTP claim authorization is a huge mistake.
- All online shops must have true age verification.
There is a tremendous amount of additional provisions that affect us all; mainly through the rules applied to manufacturers (which I won’t get into on here) and importers. Not all of the requirements are fully known yet either.
At this point we aren’t fighting for our rights, we are fighting for survival. Plain and simple. Don’t think for one second that you can sneak around the FDA and continue going forward as if it was 3 months ago. The FDA has the manpower to enforce their rules through Health & Human Services and the state and county health departments as well as third parties contracted by them.
Don’t buy into the notion that the black market will thrive and participating in the black market will only taunt the FDA. The FDA uses the U.S. Marshals to enforce seizures and DOJ for criminal proceedings. Don’t make the mistake of thinking they won’t use them.
The FDA thought of almost everything. Any possible loopholes have been closed up or left open to interpretation by them, not us.
For our industry and community to survive, everyone is a piece of the puzzle, compliance is not a choice, fighting is no longer a choice, they are all requirements for everyone’s survival.
It’s time for our industry and community to join together, grow and mature, and adapt.
Don’t just sit back and wait, if you don’t fight, if you don’t educate, if you don’t stand up for what you believe in, it will all go away.
~Eddie Mock, UTSFA Social Media Manager
“People smoke for the nicotine but die from the tar” ~Michael Russell
Because of comments made by Representative Paul Ray at this week’s Health & Human Services Committee (starts at about 1hr 33min) where he claimed on public record that nicotine was carcinogenic, we felt it necessary to make sure the public was aware of the real truth rather than his desperate rhetoric he pulls from his bag of tricks.
First off, we want to address the comment regarding nicotine being a carcinogen. According to a study ordered by the Division of Lung Diseases of the National Heart, Lung, and Blood Institute (NHLBI), nicotine is not a significant risk of causing cancer hence all NRTs on the market today are rated as such by the FDA or other health agencies. http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2725009/
“Nicotine by itself does not cause cancer, but dozens of other chemicals found in tobacco products do“, according to researcher Virginia Reichert, NP; http://www.medpagetoday.com/Pulmonology/LungCancer/2039
Next, we want to address the addictive nature of nicotine. According to numerous studies performed, it is the cocktail of ingredients and MAOIs in commercial tobacco which make it highly addictive. It is the substance giving the subjective pleasure of smoking. Smokers smoke for the nicotine, but die from the tar and toxic smoke.
In another study on the long-term effects of inhaled nicotine, the study could not find any increase in mortality, in atherosclerosis or frequency of tumors in the subject rats compared with controls. http://www.ncbi.nlm.nih.gov/pubmed/8614291
Since so much credence is given to the FDA and their words of wisdom, the FDA has determined that there are no significant safety concerns with respect to long-term nicotine use. More specifically, the agency published a “Notice of Findings” in the Federal Register indicating that the long-term use of the nicotine-containing products was safe and does not appear to have significant potential for abuse or dependence. While this study was targeting Nicotine Replacement Therapy products, the nicotine used in ENDS is the same quality and source that the pharmaceutical giants use in their products. Therefore, just because the private market is using the liquid nicotine, does not change the carcinogenic nature of it.
Another study of Alzheimer’s patients showed that those who used nicotine without smoking were better able to remember and pay attention than those who didn’t. Another study showed that nicotine boosted cognitive function in older people who didn’t have Alzheimer’s, but were showing signs of age-related mental decline.
According to Dr. Paul Newhouse, director of Vanderbilt University’s Center for Cognitive Medicine; “nicotine by itself isn’t very addictive at all and seems to require assistance from other substances found in tobacco to get people hooked. It seems very safe even in nonsmokers. In our studies we find it actually reduces blood pressure chronically. And there were no addiction or withdrawal problems, and nobody started smoking cigarettes. The risk of addiction to nicotine alone is virtually nil.”
We can’t say this loud enough but ask that he and others in public health making any of these claims to actually review ALL research to avoid making public statements that are dangerous to the public you serve. Just one month of continued smoking is more dangerous than a lifetime of ENDS usage.
Open statement from LorAnn regarding FDA compliance with their flavorings. If you are using them for your e-liquid recipes, you NEED to reformulate and have your reformulation invoiced by end of business on August 7th. Please see the following attachment for full details.by