The world of vape is in an ever-changing state, and thankfully the eJuices.co team is here to give you all the latest updates. We sit down with eJuices.co Chief Compliance Officer David “DJ” VanSambeek to discuss how to reopen responsibly, where we are with PMTA, and if an entirely new attitude towards vaping (particularly reduced nicotine use) could change lawmakers’ attitudes towards vaping.
In your opinion, what steps would a shop have to take to reopen responsibly from lockdown?
This is a tough one…I hate to give you a typical “legal” answer, but it depends. You see, many states have drastically different state and local rules for reopening. CDC guidance is a good start. The CDC business guidance can be found HERE. Unfortunately, the federal CDC guidance is not the only source of regulations that you could be held accountable for, so you also need to check with your state and local guidelines. You should also check with your OSHA regulations. Notwithstanding, at a minimum, you will need to ensure social distancing that could potentially mean limiting the number of customers within your store at a time.
Are there any threats of any more flavor bans? What sorts of proposals are in the works by each state?
I am sure many of our readers have heard the news of the flavor ban in New York. This state was hit particularly hard by the COVID-19 virus and there will be lasting effects from this pandemic both on the population and economically for years to come. Many of us watching the industry have questioned why New York would move forward with a flavor ban at this trying economical time. This ban will cost New York millions of dollars in economic activity and lost jobs at a time when New York state is desperate for both. Moreover, the New York legislature included this ban as part of their budget proposal that was agreed to behind closed doors with no chance for the public to comment on the flavor ban specifically. Organizations like the NYSVA need your help to fight this ban.
In Florida, SB810 continues to remain in limbo as we wait for the Governor to sign off on the bill or veto it. SB810 is, among other things, a flavor ban. The time to act on this bill is NOW. You can reach Governor DeSantis by reaching out through this link.
What changes, if any, would there be to PMTA when it is implemented on September 9, given that some individual states have gone forward with their own bans, like New York?
You have to understand that we are dealing with two separate legislative bodies of law. First, we have the federal government and PMTA. The FDA has been authorized, through congress, the Tobacco Control Act, and the deeming rule, to be in charge of tobacco and products that are derived from tobacco. The required PMTA filing date has been moved many times, but currently, the date mandated for PMTA filing is September 9, 2020. The current PMTA rules and discretion state that any deemed product must have a PMTA filing with the FDA before September 9th if such product was on the market before August 8, 2016. By filing for PMTA, manufacturers will be allowed to stay on the market for the earlier of one year from the date of filing or the final rejection of their application.
The second body of laws concerning the sale of vape products is the state laws, and these laws vary immensely. Many states with flavor bans will allow such products to be sold within the state if the products are approved by the FDA. You have to pay close attention to the language of the law in your specific state. In some states filing a PMTA is not enough, rather the flavored product must receive actual FDA approval before sales can occur. Other states have no flavor bans and are only subject to the PMTA/FDA restrictions.
Would evidence of reduced nicotine use sway lawmakers to be more pro-vape, or are there other factors that might overshadow that?
This is a great question! It is our hope that all legislators are acting in a forthright and honest manner with the public. Based on this, we would hope that the lawmakers would we swayed by actual evidence that vape users did in fact demonstrate a decrease in nicotine consumption over time. Unfortunately, there are usually many other outside factors at play when it comes to politics, i.e. tobacco revenues, taxes, and burdensome regulations.
Despite all this, one thing remains clear to me. If our lawmakers were serious about eliminating cigarette smoking in the near future, our lawmakers would not be fighting the best alternative to traditional smoking we have been able to devise.
Is there a selling period that shop owners may have after PMTA to get rid of any non-compliant inventory?
This will depend on the manufacturers. If a manufacturer files its product PMTA(s) by September 9th (as stated above), these products can be sold on the market under Federal for up to a year while such product application(s) are being reviewed by the FDA. Note that state laws may be different regarding flavors and shops should seek counsel to determine whether any of their offerings violate state or local regulations.