In 2019, the vaping industry stood at a crossroads when EVALI was inaccurately linked to legitimate vaping products. There were calls for flavor bans and banning all vaping products. Vapers took action to preserve their access to flavors. During the COVID-19 pandemic, there was still a negative perception of vaping. In an effort to compromise with vapers, elected officials moved towards taxing vaping products and developing various complex taxing schemes. However, anti-vaping advocates wanted more and more than just taxing vape products: they wanted them gone completely.
The PACT Act was an example of vape regulation being tucked into a bigger bill, the omnibus spending bill passed during the last moments of the Trump administration. This prohibited vape products from being delivered directly to customers. As of this writing, the USPS has yet to publish its final rule. While we are unsure about current Postmaster General Louis DeJoy’s stance on vaping, it seems that he has been hiking prices and slowing deliveries over cutting certain products from being delivered at all, such as vaping products.
The (Not So) Big Secret
As of this writing, the bipartisan infrastructure bill looks to be the first major piece of legislation that will be signed during Joe Biden’s presidency. The infrastructure bill explicitly bans electronic cigarettes and other vaping devices from being used on Amtrak. Amtrak is a huge beneficiary of the infrastructure bill, with funding being increased from $1.7 billion before the COVID-19 pandemic to close to $4 billion a year, more than doubling its budget. In 2018, a vaping ban was tucked away in the reauthorization of the Federal Aviation Administration (FAA), banning vaping on airplanes.
“The idea is to improve and expand service so as to increase ridership. That goal isn't helped by telling the vaping public they'll have to put their e-cigarette away during the 18 hours it takes to ride from New York to Chicago,” say Christian Britschgi of Reason. It is clear that the conflation of vaping with traditional tobacco products has had a profound effect on policy making and regulations. With the one-year anniversary of PMTA around the corner, there may be more attempts to get anti-vaping measures tucked away in bills without the public voicing their opinions on the matter.
What This Means For Your Business
The sneaking of vaping regulations into larger bills will happen in the foreseeable future. While these bills prohibit vaping in certain areas, there is no telling what public officials might do next. While former congressman Duncan D. Hunter (R-CA) famously vaped in the halls of Congress in 2016, the tone towards vaping has changed significantly since his departure from politics. Some cities have already banned the sale and delivery of vaping products, namely San Francisco and New York City. What you can do for your business and your customers is stay informed.
That’s all for this edition of State of Vape. If you have any questions or concerns, you can always contact your eJuices.co account manager or sales representative. We’re looking forward to hearing from you and helping your business succeed.