Tacoma Electronic Cigarette Shop Owners - How to Lobby
Every Pierce County E-Cigarette shop owner is a salesman. We sell the benefits of switching from tobacco and help people get into the right set up. Unfortunately, some of the things we say can get vaping banned. Here's a little history that explains why. The FDA has always been tasked with making sure that products are safe, and do what they're supposed to do. Until recently, the only products FDA cared about were food, drugs and cosmetics. Just after the millennium, however, FDA attempted to exercise control over tobacco. Big Tobacco kicked FDA's ass by basically admitting that cigarettes are deadly, therefore FDA can't regulate; ban, maybe, but not regulate. The Supreme Court agreed. Fast forward to 2009 when the Obama administration made findings that tobacco is a health hazard and has killed scores of Americans. Based on those findings, Congress passed the 2009 Family Tobacco Control Act. The act in no way touches upon e-cigarettes, which makes sense as vaping was almost completely unknown at that time. Vaping has taken off in the last few years. Sadly, a lot of people think vaping must be just like smoking because the acts look the same, and FDA attempted to regulate vaping as a tobacco product. A court of appeals gave FDA the smack down saying that FDA had no authority over vaping as it is neither tobacco nor is vaping a "drug delivery system", which are the only things FDA can regulate. Sensible folk those appellate judges; not so much the FDA. The FDA is now attempting to regulate personal vaporizers as tobacco. To do that, however, they must "deem" vaping to be a tobacco product. Otherwise, the only way FDA can regulate vaping is if we make claims that "vaping can help you quit smoking", or that "vaping is a healthy alternative". Do NOT make such health claims. If you're asked about vaping as an alternative, all you need to say is that Vaping is a Technology, not Tobacco. Vaping has a different harm profile. The five components in vaping have each been extensively studied. Propylene Glycol has been approved in fog machines for decades. Vegetable Glycerine, food flavorings, and nicotine have likewise been found safe for consumption. Water is the final component, and we don't really need to talk about that. The FDA has had years to produce proof that vaping is unsafe. It has yet to do so. Jim Oliver is an attorney and Vaping Activist who ran the entire 2013 26.2 mile New York City Marathon while vaping Banzai Vapors "Let's Get FizzyKol" through his ProVari Zombie. He is also an active member of the Smoke Free Alternatives Trade Association (SFATA) and recently lobbied against FDA vaping regulations during SFATA's first annual Capitol Hill Fly-In. Jim can be found practicing law at Durflinger Oliver & Associates, or at his vape store, Steampunk Vapory Lounge, in Tacoma, WA. If you have any vaping, or legal questions, feel free to call him at 253-683-4180.
