U.S. House to Vote Feb. 27 on Nationwide E-Cigarette Restriction Bill

On February 24, according to Vaping360, the U.S. House of Representatives will vote on February 27, Thursday, on a bill that will ban flavored e-cigarette products and online sales in all 50 states. The House bill HR 2339, known as the "Youth Tobacco Epidemic Act," was introduced nearly a year ago by Democratic representatives Frank Pallone from New Jersey and Donna Shalala from Florida.

Reports indicate that Vaping360 described HR 2339 last April as a "bill aimed at dismantling the vaping industry." While this would leave some vapor products made by tobacco companies and JUUL on convenience store shelves, few independent vaping businesses would survive if the bill becomes law.

The bill includes various provisions that will impact vaping, including:

Flavor ban: Prohibiting products with "characterizing flavors" other than tobacco unless they have received special approval from the FDA and are shown to significantly increase the likelihood of quitting smoking;

Online sales ban: Prohibiting all non-face-to-face sales;

FDA user fee authorization: Granting the FDA the right to collect $100 million in user fees annually from the vaping industry, which will indirectly raise the price of e-cigarettes;

Synthetic nicotine regulation: Mandating the FDA to regulate products containing synthetic nicotine;

Advertising restrictions: Extending all FDA rules for cigarette sales and marketing to e-cigarette products, including advertising restrictions.

The bill has 126 co-sponsors (members who have expressed support). To pass in the House, a bill needs 218 votes. Most observers expect HR 2339 to pass and move on to the Senate, making it a perfect test of the political strength of the vaping industry.

It is reported that with a strong push at the last moment, the bill could be stopped. If every member of the House receives thousands of emails from constituents opposing the bill, it could be halted. Can vapers quickly organize and persuade 500,000 people to take action in the next four days? If every vaper who takes the time to participate can convince 10 others to email their representatives, it could happen.

The bill's proponents believe the ban will prevent youth smoking; however, Vaping360 argues that under the dogma of anti-tobacco activists, they ignore real-world evidence that drug bans have never worked, and the ban will lead to a black market, resulting in a surge of products with uncertain quality.

In addition to banning flavored vapor products, the HR 2339 ban on menthol cigarettes will also lead to organized crime groups smuggling them. Any elected official who supports drug policy reform and opposes drug war-style enforcement should not support this bill. However, many co-sponsors claim to be progressive on drug policy.

Last year, a congressional representative stated: "Congress must act to clearly indicate that selling tobacco products to children is illegal to reduce youth dependence on nicotine. Under the law, my legislation will also treat e-cigarettes and other tobacco products the same as traditional cigarettes."

The menthol cigarette ban will not take effect until a year after the law is passed, but the flavor ban will be implemented within just 30 days. This will force thousands of vape shops to close, with millions of bottles of e-liquid still in stock.

Congress passed a law in December prohibiting the sale of e-cigarettes and tobacco to anyone under 21. It is unclear how shifting the sale of flavored products to an unregulated black market will further reduce youth usage. If anything, the likelihood of using these products may increase, as illegal sellers are likely to ignore age purchase laws. Furthermore, last year's national youth tobacco survey data shows that flavor is not the primary reason kids choose to use e-cigarettes. Most do so out of curiosity, and nothing makes legal products more enticing to youth than making them illegal.

In fact, the vast majority of adult e-cigarette users prefer non-tobacco flavors, and there is no reason to believe they will comply with unjust laws prohibiting the sale of products they enjoy. E-liquids are easy to manufacture, and e-cigarettes will have access to a wide underground market of e-liquids produced and sold by underground manufacturers. Hardware will remain available, as Chinese retailers may ignore the online sales ban. There is hardly a product used by vapers that cannot be imported by someone in a basement with little investment or trouble.

Current legal sales channels (vape shops and online sellers) depend on offering a wide variety of products. It is hard to imagine many vape shops staying in business selling only a few products that would be legal after HR 2339 becomes law. E-liquids are the main sales and profit driver for vape shops. Aside from the black market, if their preferred flavors are banned, many vapers will turn to DIY e-liquids.

Billionaire Michael Bloomberg, now a Democratic presidential candidate, launched an anti-vaping initiative last September aimed at banning flavored e-cigarette products, pushing the FDA to quickly impose PMTA requirements, and banning or restricting online sales. The initiative, titled "Protecting Kids: Combating Flavored E-Cigarettes," includes $160 million in funding managed by the Campaign for Tobacco-Free Kids.

"In terms of individuals committed to protecting kids from the harms of tobacco products, Michael Bloomberg is second to none," said Matthew Myers, president of the Campaign for Tobacco-Free Kids, when launching the initiative. "We are honored to partner with the Bloomberg Philanthropies on this initiative."

Bloomberg's funding has been used by Myers and the Campaign for Tobacco-Free Kids to create and support strong organizations, websites, online and broadcast advertising, lobbying, school programs, and embedded editorials and news content networks. Their efforts are supported by a range of large tobacco control groups, including the American Academy of Pediatrics, American Cancer Society, American Cancer Society Cancer Action Network, American Heart Association, American Lung Association, CDC Foundation, Truth Initiative, CVS Health, and every organization funded or coordinated by Bloomberg Philanthropies.

The only effective way to defeat such a powerful and organized propaganda machine is through relentless grassroots opposition. If thousands of vapers and their families, friends, and employers take five minutes to participate in action calls, then Congress members will be forced to pay attention.

If vapers cannot mobilize to respond to this threat, the bill is likely to pass and be handed over to the Senate. In the current anti-vaping atmosphere, it is uncertain what will happen there. The Senate already has an active bill (which has passed the House) that will ban the mailing of e-cigarette products, which has already secured 27 committed votes, including 14 Republicans, needing only 51 votes to pass.

This does not help vapers. Tobacco companies and JUUL no longer sell flavors, and they do not care about protecting online sales. Altria and RJ Reynolds will agree to any measures that require House leaders to remove the menthol cigarette ban from the final bill.

Vaping360 points out that at this point, nothing can replace the volume of emails and calls to every congressional office. Regardless of how any member of Congress views vaping, dealing with a large number of angry constituents is not something they want. It is up to those most at risk from vaping and businesses to push lawmakers in the right direction. Without significant participation from vapers, anti-vaping activists will win.