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 electric cigarettes. While vaporizers have already been around for a long time and are becoming more acceptable in mainstream American life, the tobacco companies are determined to fight these efforts vigorously. They’ve made millions of dollars attempting 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 happens to be being contested in the courts, and both sides expect an answer at some point soon.
State taxation uprights vaporizers by regulating their sale. It’s estimated that about twenty states have uprights to sell vaporizer podsmall.com 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 result, their cigarette tax rates are also growing rapidly. A number of these same states also have placed taxes on cigar and pipe tobacco. It appears that smoking just gets more costly, and that is what the tobacco industry is shooting for.
According to the filing with the FDA, the tobacco industry has been 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 left the door wide open to regulation of vaporizer devices. The FDA claims that this over-regulation defeats the purpose of regulating and controlling the use of vaporizers.
The fact is that the FDA itself is not even required to regulate or control these industries. Only state governments have that authority. It’s the state governments that impose their very own taxes, and several 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 compared to the authorities does.
Also, the FDA itself isn’t directly involved in the manufacturing of the vaporizer. Tobacco companies manufacture their very own products, and they are those 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.
So, the states that impose taxes on vaporizer devices do not get the advantage of having a federal regulator, or perhaps a manufacturer that’s licensed by hawaii. So, instead, they find methods to increase taxes on the manufactures themselves! Which 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, dietary supplements and cosmetics. It has the capacity 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 likely to work because there are no controlled diet pills currently in the marketplace. 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 want to force the FDA to come up with some kind of rule or regulation that may require a manufacturer to sell their devices in a specific manner, according to state regulations. Which 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 these devices is really a question that only experts in the FDA can answer.