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 a long time and so are becoming more acceptable in mainstream American life, the tobacco companies are determined to fight these efforts vigorously. They’ve made huge amount of money attempting 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 sooner or later 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 result, their cigarette tax rates are also growing rapidly. Several 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.
Based on 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 against the FDA over-regulation of cigarettes. These rulings have gone the door wide open to regulation of vaporizer devices. The FDA claims that this over-regulation defeats the objective of regulating and controlling the usage of vaporizers.
The truth is that the FDA itself isn’t even required Disposable Vape to regulate or control these industries. Only state governments have that authority. It is the state governments that impose their very own taxes, and many states have imposed increased taxes in order to try to curb smoking. However the state governments are themselves at a disadvantage. They cannot regulate wholesale prices since these prices are regulated by state laws. They also can’t tax the product 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 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 when 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 benefit of having a federal regulator, or a manufacturer that’s 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 in charge of regulating pharmaceuticals, dietary supplements and cosmetics. It gets 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 weight loss supplements currently available. And, even if there have been, they couldn’t force food manufacturers to sell diet pills containing things that are banned by state law.
So, instead, the states are trying to force the FDA to create some type of rule or regulation that may require a manufacturer to market their devices in a particular manner, in accordance with state regulations. Which makes no sense at all. It also flies in the face of the original purpose of the meals Drug and Administration Act. Why the FDA is targeting the unit is a question that only experts in the FDA can answer.