Is State Tax Rates Hiking Up The Price Of Vaporizers?
The U.S. tobacco industry is fighting back against efforts by state regulatory bodies and consumers to regulate the sale of electronic cigarettes. While vaporizers have already been around for quite some time and are becoming more acceptable in mainstream American life, the tobacco companies are determined to fight these efforts vigorously. They’ve made huge amount of money trying to defeat state taxing and regulation efforts. Now, they’re making their next move: challenging the legality of the taxation themselves. In a fresh legal filing, they’re claiming that the FDA over regulates and creates a “guaranteed” interstate transportation business. The filing is currently being contested in the courts, and both sides expect a resolution at some point soon.
State taxation uprights vaporizers by regulating their sale. It is estimated that about twenty states have uprights to market vaporizer devices, including California, Colorado, D.C., Florida, Hawaii, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, and Washington. These states have become rapidly in recent years, and as a consequence, their cigarette tax rates are also growing rapidly. A number of these same states likewise have placed taxes on cigar and pipe tobacco. It seems that smoking just gets more expensive, and that is what the tobacco industry is shooting for.
According to the filing with the FDA, the tobacco industry is being targeted unfairly. The tobacco industry does everything they can to fight against regulation of vaporizer devices. As we’ve seen, the U.S. Supreme Court has multiple times ruled contrary to the FDA over-regulation of cigarettes. These rulings have gone the door wide open to regulation of vaporizer devices. The FDA claims that over-regulation defeats the objective of regulating and controlling the use of vaporizers.
The truth is that the FDA itself is not even necessary to regulate or control these industries. Only state governments have that authority. It’s the state governments that impose their very own taxes, and many states have imposed increased taxes in an effort to try to curb smoking. But the state governments are themselves at a disadvantage. They cannot regulate wholesale prices since these prices are regulated by state laws. In addition they can’t tax the product at a higher rate than the authorities does.
Also, the FDA itself is not directly mixed up in manufacturing of the vaporizer. Tobacco companies manufacture their own products, and they are the ones that get sued by the states and levied taxes. The FDA merely approves or denies manufacturer licenses based on whether these manufacturers follow federal law. And if the manufacturer doesn’t, then the company doesn’t get its license.
Puff Bar Flavors So, the states that do impose taxes on vaporizer devices don’t get the advantage of having a federal regulator, or a manufacturer that is licensed by hawaii. So, instead, they find methods to increase taxes on the manufactures themselves! That makes no sense. Why are these manufacturers being targeted specifically? There’s no real reason.
The Food and Drug Administration is the federal body responsible for regulating pharmaceuticals, health supplements and cosmetics. It gets the capacity to ban the production or sale of any chemical or substance that it determines is unsafe. So, why are states trying to tell the FDA to target Vaping online users rather than tobacco manufacturers? The FDA knows that regulating weight loss supplements isn’t likely to work because you can find no controlled diet pills currently available. And, even if there have been, they couldn’t force food manufacturers to sell diet pills containing ingredients that are banned by state law.
So, instead, the states are trying to force the FDA to create some type of rule or regulation that will require a manufacturer to sell their devices in a specific manner, in accordance with state regulations. That makes no sense at all. In addition, it flies in the face of the original purpose of the meals Drug and Administration Act. Why the FDA is targeting the unit is really a question that only experts in the FDA can answer.