Is State Tax Rates Hiking Up THE PRICE TAG ON Vaporizers?

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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 regulate the sale of electronic cigarettes. While vaporizers have already been around for quite some 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 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 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 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 consequence, their cigarette tax rates may also be growing rapidly. Many of these same states likewise have placed taxes on cigar and pipe tobacco. It appears that smoking just gets more expensive, and that is what the tobacco industry is shooting for.

In line with the filing with the FDA, the tobacco industry has been targeted unfairly. The tobacco industry is doing 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 gone the door spacious to regulation of vaporizer devices. The FDA claims that over-regulation defeats the objective of regulating and controlling the usage 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 is the state governments that impose their own taxes, and several states have imposed increased taxes in order 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 than the authorities does.

Also, the FDA itself isn’t directly mixed up in 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 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 a manufacturer that is licensed by hawaii. So, instead, they find ways to increase taxes on the manufactures themselves! That 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, health 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 diet pills isn’t likely to work because you can find no controlled diet pills currently out there. And, even if there were, they couldn’t force food manufacturers to market diet pills containing things that are banned by state law.

So, instead, the states are trying to force the FDA to come up with some kind of rule or regulation which will require a manufacturer to sell their devices in a specific manner, in accordance with state regulations. Which makes no sense at all. It also flies when confronted with the original purpose of the Food Drug and Administration Act. Why the FDA is targeting these devices is a question that only experts in the FDA can answer.