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Heads Up – News – Updates 12.30.2019

FDA surprises industry stating Tobacco/Vapor 21 is immediately enforceable, states left in the dark. Michigan court blocks Governor’s flavor ban. Vape bans won’t make you safer. Industry speculates what’s in FDA proposed e-cig guidance to OMB. Read a vaping success story from CASAA’s Testimonial Project. New York and Hawaii facing possible flavor bans.

TOBACCO/VAPOR 21: (UPDATE) It’s come to our attention that the new law denying adults 18-20 access to safer alternatives to smoking became effective IMMEDIATELY nationwide. It seems earlier reports of “up to 9 months” referred to FDA updating its final rules, however, FDA states the law was enforceable as of December 20, 2019.

According to a statement by the National Association of Convenience Stores, “While there are unanswered questions about when FDA plans to enforce this requirement and whether the agency can legally enforce it before updating its regulations, retailers should be aware that FDA views any sale to a person under 21 as a violation of the new law.”

Therefore, while some states may hold off enforcement until FDA finalizes the paperwork for the new law, that does not necessarily mean vape shops will continue to sell to adults under 21. CASAA recommends contacting your state tobacco enforcement agency to find out how/when the law will be enforced in your state.

Selling Tobacco Products in Retail Stores

MICHIGAN: (UPDATE) Court has denied Governor Whitmer’s request to reinstate her irrational and irresponsible flavor ban!

OPINION: Vape Bans Won’t Make You Safer “If we are to take the principles of harm reduction seriously, the most stigmatized, hated, and hounded groups of people in our society are the ones we would be having a national conversation about. Not teenagers. That’s not where the problem is.”

Vape Bans Won’t Make You Safer

ADVOCACY: The pro-vaping documentary “A Billion Lives” is now streaming for free on Tubi!

Click Here to Watch A Billion Lives (2016)

NATIONAL: (UPDATE) FDA submitted final guidance for “Electronic Nicotine Delivery Systems and Other Deemed Products on the Market Without Premarket Authorization” to the OMB sometime before 12/26/2019 (which suggests it may have been the source of that pre-Christmas rumor of an “imminent” flavor ban.) Details of the actual guidance aren’t yet accessible. We will update members as more information becomes available.

Click Here to Read Pending EO 12866 Regulatory Review

Please note that this is already being reported and speculated on in the media. Members shouldn’t panic, because (as we pointed out) we don’t know what’s in the guidance yet, so neither does the media. Instead, now that you are alerted that the guidance was filed, be ready for a CASAA Call to Action!

CASAA TESTIMONIAL PROJECT: Ricardo was 42 when he went to buy cigarette rolling tobacco & ended up trying a vapor pod device. His whole family made the switch. Availability, effective nicotine strength, affordability and appealing flavors = lives saved!

Click Here to Read Ricardo’s Testimonial on CASAA

Click Here to Submit YOUR Testimonial!

NEW YORK: (HEADS UP!) Not deterred by CDC data proving there’s no “teen epidemic” and “curiosity,” not “flavors,” are driving youth experimentation, Governor Cuomo is pushing statewide 2020 flavor, advertising and online sales bans. Tell him NO! #WeVapeWeVote

Cuomo to propose ban on e-cigarette flavors and advertisements aimed at youths

HAWAII: (HEADS UP!) House Health Committee Chair John Mizuno admits state’s 2015 Tobacco 21 law didn’t stop teen vaping (we know CDC data shows that’s because teens are “trying” not “buying” products,) so he’s now pushing a flavor ban and higher taxes.

Hawaii Lawmakers Can Do More To Control Vaping Addiction