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Is State Tax Rates Hiking Up The Price Of Vaporizers?

The U.S. tobacco industry is fighting back against efforts by state regulatory bodies and consumers to regulate the sale of electric 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 attempting to defeat state taxing and regulation efforts. Now, they’re making their next move: challenging the legality of the taxation themselves. In a podsmall.com 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 is 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 grown 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 seems 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 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 wide open to regulation of vaporizer devices. The FDA claims that this over-regulation defeats the objective 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 is the state governments that impose their own taxes, and many 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 merchandise at a higher rate compared to the federal government does.

Also, the FDA itself is not directly involved in the manufacturing of the vaporizer. Tobacco companies manufacture their own products, and they are the ones 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 the company doesn’t get its license.

So, the states that impose taxes on vaporizer devices don’t get the advantage of having a federal regulator, or a manufacturer that’s licensed by the state. So, instead, they find methods 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, 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 focus on Vaping online users rather than tobacco manufacturers? The FDA knows that regulating diet pills 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 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, according to state regulations. That makes no sense at all. In addition, it flies 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.