As discussions of HB 1534 heat up, examining the bill's intentions and the potential consequences of its proposed vapor registry requirements is essential. While WASFA acknowledges and agrees with the bill's excellent intentions to enhance the regulation of vapor products, the registry aspect raises significant concerns that could undermine the entire framework.
At first glance, the registry requirements aim for greater accountability, but their practical implications could be detrimental. Their enforcement could eliminate nearly 99.9% of vapor products currently available in convenience stores, vape shops, and other licensed retail outlets. Essentially, this would render the remainder of the bill unnecessary, as there would be no products left to enforce—apart from combustible cigarettes and a few others.
When the Premarket Tobacco Application (PMTA) deadline arrived on September 9, 2020, the vapor product landscape was dominated primarily by e-liquids for open systems and pod cartridges for established brands such as Vuse, produced by Altria and RJR. A staggering 26 million PMTA applications were submitted; however, only 34 products received approval from major players like RJR, Altria, and JT Tobacco.
The language in HB 1534 implies that prior PMTA application submissions are sufficient for regulatory coverage. However, this overlooks a significant fact: many of the products that thrive in today’s market were not even developed then. Technological advancements have also rendered numerous pre-2020 products obsolete or no longer in production, leading to a situation where consumers' options will be severely limited.
In short, the proposed bill risks removing all vapor products except those manufactured by big tobacco companies. This trend raises red flags about market diversity and consumer choice. The FDA has provided a PDF outlining the context for reference.
Additionally, it’s crucial to consider the financial implications of HB 1534. We can conservatively predict an average revenue loss of around $25 million for the state. Currently, the vape tax contributes to essential programs, including the Andy Hill Cancer Research Endowment Fund, which receives $10 million alongside a $10 million state match, and Foundational Public Health Services, which gets $12 million. The remaining funds help the Liquor and Cannabis Board (LCB), Department of Health (DOH), and prevention initiatives.
To address these concerns, WASFA proposes a constructive solution: remove and replace the registry section with stringent packaging requirements similar to cannabis laws. Such regulations effectively prevent the sale of any products resembling toys, games, or candy, significantly reducing youth appeal and access.
Furthermore, increasing the monetary penalties for selling vapor products to minors, along with mandating the use of ID scanners at all retail outlets, would promote responsible sales and protect our youth.
These proposed changes would allow various products to remain on store shelves and empower the FDA to maintain its regulatory authority. Notably, adopting these recommendations would help avoid potential litigation; many jurisdictions with similar laws are currently facing legal challenges, causing significant delays in enforcement.
As we approach the hearing for HB 1534 on January 31, 2025, it becomes critical to voice objections to this legislation. While the bill seeks to protect public health through enhanced regulation, it poses a significant threat to the vaping industry and small businesses in Washington State.
Call to Action: We urge you to contact your legislators and express your opposition to HB 1534. Let’s advocate for a balanced approach to vapor product regulation that supports small businesses, ensures consumer choice, and addresses public health concerns without unnecessarily stifling an entire industry. Your voice matters—together, we can protect our vaping community and the broader interests of Washington residents.
Contacting your legislators is a vital part of civic engagement and advocacy. Legislators are elected to represent the interests and concerns of their constituents, and your voice plays a crucial role in shaping policy decisions. Here is the link to your district finder: Use the email links provided through the website to reach your lawmaker most effectively
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When crafting emails to your legislators, consider the following tips to ensure your message is compelling and respectful:
1. Be Clear and Concise
2. Introduce Yourself: Briefly introduce yourself, including your name and the fact that you are a constituent. Mention your city or district to establish your connection.
3. State Your Position: Clearly express your position on the issue or bill. Use straightforward language to avoid confusion and make your stance easy to understand.
4. Use Personal Stories: If applicable, share a brief personal story highlighting the issue's importance to you and your community. Personal anecdotes can make your message more relatable.
5. Request Action: Politely request specific action from your legislator, such as supporting a particular bill or considering a policy change.
6. Show Appreciation: Thank them for their time and for considering your views. Acknowledge their work and dedication to serving the community.
7. Provide Contact Information: Include your contact information if they want to discuss the matter further. This will demonstrate your openness and willingness to engage.
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