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 modify 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 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 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 become rapidly in recent years, so when a consequence, their cigarette tax rates are also growing rapidly. Many of these same states also have placed taxes on cigar and pipe tobacco. It seems that smoking just gets more expensive, and that is what the tobacco industry is shooting for.
According to 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 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 usage of vaporizers.
The fact 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 own taxes, and several states have imposed increased taxes in order 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. They also can’t tax the product at a higher rate compared to the authorities does.
Also, the FDA itself isn’t directly mixed up in 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 advantage of having a federal regulator, or perhaps a manufacturer that’s licensed by the state. So, instead, they find ways to increase taxes on the manufactures themselves! That makes no sense. Why are these manufacturers being targeted specifically? There is no podsmall.com real reason.
The Food and Drug Administration may be the federal body in charge of regulating pharmaceuticals, dietary supplements and cosmetics. It has the power 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 rather than tobacco manufacturers? The FDA knows that regulating weight loss supplements isn’t likely to work because you can find no controlled diet pills currently available to buy. And, even if there were, 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 type of rule or regulation that will require a manufacturer to sell their devices in a specific manner, according to state regulations. That makes no sense at all. It also flies when confronted with the original purpose of the Food Drug and Administration Act. Why the FDA is targeting these devices is really a question that only experts in the FDA can answer.