Is State Tax Rates Hiking Up THE PRICE TAG ON Vaporizers?
The U.S. tobacco industry is fighting back against efforts by state regulatory bodies and consumers to modify the sale of electronic cigarettes. While vaporizers have already been around for quite some time and so are becoming more acceptable in mainstream American life, the tobacco companies are determined to fight these efforts vigorously. They’ve made millions of dollars trying to defeat state taxing and regulation efforts. Now, they’re making their next move: challenging the legality of the taxation themselves. In a new legal filing, they’re claiming that the FDA over regulates and creates a “guaranteed” interstate transportation business. The filing happens to be 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 sell 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, so when a result, their cigarette tax rates may also be growing rapidly. Many of these same states also have placed taxes on cigar and pipe tobacco. It appears that smoking just gets more costly, and that’s what the tobacco industry is shooting for.
Based on the filing with the FDA, the tobacco industry has been targeted unfairly. The tobacco industry does everything they can to fight 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 left the door wide open to regulation of vaporizer devices. The FDA claims that over-regulation defeats the objective of regulating and controlling the Electric Tobacconist Coupon use of vaporizers.
The fact is that the FDA itself isn’t even necessary to regulate or control these industries. Only state governments have that authority. It is the state governments that impose their 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 can not regulate wholesale prices since these prices are regulated by state laws. In addition they can’t tax the merchandise at a higher rate compared to the federal government does.
Also, the FDA itself isn’t directly mixed up in manufacturing of the vaporizer. Tobacco companies manufacture their own products, and they are those that get sued by the states and levied taxes. The FDA merely approves or denies manufacturer licenses based upon whether these manufacturers follow federal law. And if the manufacturer doesn’t, then your company doesn’t get its license.
So, the states that impose taxes on vaporizer devices do not get the advantage of having a federal regulator, or perhaps a manufacturer that is licensed by the state. So, instead, they find methods to increase taxes on the manufactures themselves! That makes no sense. Why are these manufacturers being targeted specifically? There is no real reason.
THE MEALS and Drug Administration may be the federal body responsible for regulating pharmaceuticals, dietary supplements and cosmetics. It gets the power to ban the production or sale of any chemical or substance that it determines is unsafe. So, why are states attempting to tell the FDA to target Vaping online users instead of tobacco manufacturers? The FDA knows that regulating weight loss supplements isn’t going to work because there are no controlled diet pills currently in the marketplace. And, even if there were, 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 which will require a manufacturer to sell their devices in a specific manner, according to state regulations. That makes no sense at all. It also flies in the face of the original purpose of the Food Drug and Administration Act. Why the FDA is targeting the unit is a question that only experts in the FDA can answer.