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 quite some 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 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 a resolution sooner or later soon.
State taxation uprights vaporizers by regulating their sale. It’s estimated that about twenty states have uprights to market vaporizer devices, including California, Colorado, D.C., Florida, Hawaii, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, and Washington. These states have grown rapidly in recent years, and as a result, their cigarette tax rates may also be 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.
In line with the filing with the FDA, the tobacco industry is being 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 spacious to regulation of vaporizer devices. The FDA claims that over-regulation defeats the purpose of regulating and controlling the use of vaporizers.
The truth is that the FDA itself isn’t even necessary 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. However 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 than the federal government does.
Also, the FDA itself is not 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 when the manufacturer doesn’t, then the company doesn’t get its license.
So, the states that do impose taxes on vaporizer devices don’t get the benefit of having a federal regulator, or perhaps a manufacturer that is licensed by the state. So, instead, they find ways 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 may be the federal body responsible for regulating pharmaceuticals, health 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 trying to tell the FDA to target Vaping online users instead of tobacco manufacturers? The FDA knows that regulating weight loss supplements isn’t going to work because there are no controlled diet pills currently available to buy. 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 want to force the FDA to create some type 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 vapinger.com when confronted with the original purpose of the meals Drug and Administration Act. Why the FDA is targeting these devices is a question that only experts in the FDA can answer.