California e-Vapor Regulatory Bill Dies-For All the Wrong Reasons

Only in California could this happen. The good folks up in Sacramento thought it would be a great idea to have “classified electronic cigarettes as tobacco products, banned their use in public places and ramped up enforcement against selling them to minors.” ( http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB140 ) They actually spent time debating this issue and pondering what they could actually do substantively to be part of this “national debate”  which actually ended in 2010. ( http://www.fda.gov/NewsEvents/PublicHealthFocus/ucm252360.htm )

Unbeknownst to these highly paid legislators is that e-Vapor products are already classified as tobacco products and as such they cannot be sold or marketed to minors nor, until a time in the near future, be used in public offices. Also, a state, any state, cannot by legislative action subvert interstate commerce laws and re-categorize or re-classify a legal consumer product such as e-Vapor products are, as anything but how the federal government regulates-in this case as a legal tobacco product.

The last few weeks have seen stunning events happen legislatively that support our industry. Debate in the House is moving forward to end the untenable Substantial Equivalency pre-market review of e-Vapor products. I believe that as more and more legislators personally witness friends, family members and/or staff members benefit from e-Vapor, they will begin a process of further curtailing legislative actions that are still a threat to the public’s unfettered access to these marvelous, life-changing products that so many Americans are now benefiting from.

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