Vapers in Indiana Finally Get Some Good News (Photos)

After nearly two years of hellish regulation, electronic cigarette stores and e-liquid manufacturers in Indiana are finally returning to some normalcy.

As reported in November, Indiana lawmakers are introducing a fix to the controversial 2015 vaping law in the state. Republican state representative Randy Head from Logansport will introduce a bill this week that will reduce restrictions on the industry and eliminate the requirement for manufacturers to obtain safety certifications from a single state-licensed provider.

Head stated that licensing should not be handled by a private company. “This is a government function and should be done by the government,” he said. Head voted against the original law in 2015 and opposed the second version that passed last year.

The new bill will be the first piece of legislation introduced in the 2017 session, Senate Bill 1 (SB 1). This designation means it is a priority for legislative leaders and is a good indication that it is likely to pass.

Senator Head mentioned that SB 1 will eliminate the restrictions on new manufacturers entering the market after July 2016, focusing instead on “common-sense regulations like safety caps and understanding what the ingredients are.”

The current law imposes very specific requirements on safety companies that may contract with e-liquid manufacturers. In fact, there is only one company in the country that can perform this safety certification work. This company is Malhaupt of Lafayette, which has disreputable connections with lawmakers and is also a lobbyist pushing for the law.

“We buy coffee at Starbucks, we buy hamburgers at McDonald's, and if those things are not done right or have dangerous substances in them, they could kill us. But we can’t mandate that the people who create these products be under 24-hour video surveillance.”

Head has not yet decided how to handle the six e-liquid manufacturers that obtained permission to sell products in the state under the current law. After the new law takes effect, they may need to reapply. Three of these companies are connected to a gambling company and share lobbyists with the original sponsors of the law, who later ran an association representing licensed producers. This association is now led by a former state legislator.

Last year, when several individuals were questioned by the FBI, corruption and nepotism became mainstream news in Indiana. The media attention embarrassed lawmakers and largely led to the fixes now being implemented.

Indiana vaping advocates played a significant role in pushing for change. Evan McMahon and Amy Lane from the Indiana Smoke-Free Alliance (ISFA) tirelessly raised awareness about electronic cigarettes and opposed restrictions in court and meetings with lawmakers. These two advocates support the new law.

Lane stated in a statement, “ISFA has been working closely with Senator Randall Head’s office to support SB1 because we are confident this bill will address the monopoly created after Public Law 176 took effect. It will open the borders of Indiana, allowing e-liquid manufacturers from across the country to return, giving consumers more choices and cheaper products.”

“Additionally, this bill will provide a benefit to small vapor businesses, allowing 23 of the 27 previously licensed e-liquid manufacturers in Indiana to reopen or start anew,” Lane added.

ISFA hired a lobbyist during the legislative session to protect the interests of its independent vapor business members. The Turning Point brand, which primarily sells some vapor products, also has a lobbyist working in Indianapolis against the current law.