People have asked me “What does 08-08-18 mean to me?”  I honestly do not have just a simple, one sentence answer. (Imagine that)  

08-08-18 is a date that will live in infamy as the day that shook the vape industry to its very core!  On 5-10-16, we had a very real and direct wake up call that threatened our very existence as we were told we were being regulated like tobacco of all things!  On 08-08-16 we were officially under the tobacco umbrella with the FDA, and our regulatory pathway was unleashed upon an industry that was more concerned with selling cartoon labels, huge clouds, and devices that could power a small vehicle.  It was a call to the industry to WAKE UP and learn how to become a professional business.   Its funny, how an industry that for the most part started at the kitchen table for many, was now going to be regulated by  a federal agency –– The FDA!   We certainly didn’t need the federal government to start it, teach it or show us how to do it, but that didn’t stop them. 

Since that day, people have been looking for “loopholes” or “ways around or to cheat” the system because they think that they are either bigger than the industry or rules don’t apply to them since there were no rules when they started into it.  Some people used the fear of uncertainty to manipulate consumers and make them think the rules didn’t apply.  All you have to do is look at the amount of liquids and salt liquids that were NOT on market prior to 08-08-16. Its enough to make someone who fights for the very existence and future of this industry to puke, want to pack up and go home.   

Its at that point, I look to what the industry has done for me personally and it makes it all go away.  For every “bad actor” in the industry, there are “good actors”.  These are the people that give me hope for this industry!  They give everything they have to the industry, they invest, they broker meetings with companies, they actually have proof that their products were not only on the market prior to 08-08-16, but they have proof of their registration info and their product numbers.  These are the folks who market responsibly, call out the ones who don’t, and effect positive changes for the industry.  We have national associations like VTA (Vapor Technology Association), State Associations like OHVTA (Ohio Vapor Trade Association), TSFA (Tennessee Smoke-Free Association), and KSFA (Kentucky Smoke-Free Association) that are comprised of vapor business that are investing in the future of the industry for their states and elect board members that are volunteers.  We have leaders like Dimitris Agrafiotis, Fig Ramsey, and Phil Busardo that are out on the front lines and set the standard for what an advocate is and should be. 

The most important piece of all of this is our consumer.  They are the very reason we even exist, they are who we want to help and show the way to a successful transition to a tobacco free life.  When at times the industry looked bleak at best, it was the consumer that came out to the shop to show their support for the industry and it’s the consumer that we need to be there to support in times of adversity within this industry.  As a shop owner, it’s the consumer that builds the community.  This community is amazing.  No matter what you are going through, the community is always there to lend a hand, an ear or extend their feelings of support for whatever it is you are doing or going through.  That is something that the FDA will never be able to replace!  We are #vapefamily
 
So what did 08-08-16 give me?  It gave me the opportunity to continue to do what I love by being able to positively effect someone’s life.  What does 08-08-18 mean to me?  It means that I am able to continue to do this, hopefully save lives, advocate for a life saving technology, advocate for the consumer, advocate for the community, and continue to spread the message that vapor is at least 95% safer than combustible tobacco!
​
WE ARE VAPE FAMILY!!
 
James Jarvis
OHVTA President

Hundreds of thousands of fake comment submissions have ground FDA’s regulatory process over the proposed regulation of flavors in vaping products to a halt.
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As RegWatch first reported, a minimum of 250,000 bot submitted fake form-letters that are anti-flavors and anti-vaping in nature overwhelmed servers at Regulations.gov putting the entire public consultation process at risk. FDA could decide to throw out all submissions, including legitimate testimonials, provided by tens of thousands of vapers. Read more.

" Advertising for electronic cigarettes that deliver nicotine via vapor is a growing category for out of home advertising.  Effective August 10, ads for e-cigarettes must include a warning that nicotine is addictive. New rules from the Food & Drug Administration (FDA) require the warning to occupy 20 percent of the ad space. OAAA attorney Kerry Yoakum explains this new requirement and what it means for OOH ads. Advertising for electronic cigarettes that deliver nicotine via vapor is a growing category for out of home advertising.  Effective August 10, ads for e-cigarettes must include a warning that nicotine is addictive. New rules from the Food & Drug Administration (FDA) require the warning to occupy 20 percent of the ad space. OAAA attorney Kerry Yoakum explains this new requirement and what it means for OOH ads.
Since 2009, under the Tobacco Control Act, the US Food and Drug Administration (FDA) has regulated cigarettes, smokeless, and roll-your-own tobacco. A recent rule, affectionately called the “Deeming Tobacco Products to be Subject to the Federal Food, Drug and Cosmetic Act, as Amended by the Family Smoking Prevention and Tobacco Control Act” (aka the Deeming rule) extends FDA’s regulatory authority to “deem” other “tobacco products” subject to its regulation, too. Under the act, a “tobacco product” is:
… any product made or derived from tobacco that is intended for human consumption, including any component, part, or accessory of a tobacco product (except for raw materials other than tobacco used in manufacturing a component, part, or accessory of a tobacco product).
With its “deeming rule,” the FDA has effectively declared e-cigarettes and other forms of electronic nicotine delivery systems (ENDS), in addition to their parts and components, to be subject to regulation under the Tobacco Act.
The deeming rule also requires that advertisements, including billboards, for all covered tobacco products bear an addictiveness warning statement. Effective August 10, 2018, the tobacco product advertisement must bear the following required warning label statement: “WARNING: This product contains nicotine. Nicotine is an addictive chemical.”

What an amazing 2 days in Washington D.C.! First, I need to say thank you to Jeff Kathman, Kevin Crouse and our Lobbyist Charlotte Hickcox for making the trip with me to D.C. to help educate our Representitives on Vapor and how much we need their help with getting some relief from FDA on the onerous Deeming Regulations.

Secondly, a HUGE THANK YOU to Tony Abboud, Jake Butcher and the Vapor Technology Association for organizing an amazing conference!

The Overview
We got to hear from many experts across the vape industry on mulitple different issues we are facing. The hotel and all the accomodations were TOP NOTCH! Third, I want to say thank you to all of the State Association Members from all 23 state associations that made the trip to help fight for our rights in their states and educate their Representitives on how and why we need their help with the FDA!

OHVTA had an amazing day on Capitol Hill!!!

Senator Rob Portman
We had the opportunity to meet with Senator Rob Portman first thing in the morning, we had a very good conversation with his Chief of Staff, Health Director and had very good conversation with Senator Portman himself. Senator Portman`s staff tweeted to OHVTA after our meeting thanking us for our time!

Congressman Steve Stivers
We then had a meeting with Congressman Steve Stivers Health Director, on the way to that meeting. He saw Charlotte and basically invited to meet with him instead while he was in committee! Congressman Stivers and I have met mulitple times in the past and he once again has committed to support our industry and has committed to sign on to a letter to the FDA.

Congressman Wenstrup & Congressman Davidsons Health Directors
We then had 2 meetings with Congressman Wenstrup and Congressman Davidsons Health Directors.  These 2 meetings were fantastic and they also have asked for a letter with multiple other members to sign on to instead of sending one letter per rep!

We have a little follow up info to get Congressman Wenstrup, but are very confident in gaingin his support.

Congressman Renacci's Health Director
We then were supposed to have met with Congressman Renacci, but they were called to a vote and we met with his Health Director and left our information and asked for him.

Congressman Tim Ryan
We then had a fantastic meeting with Congressman Tim Ryan`s Health Director and it was a fantastic meeting. Congressman Ryan has had some very harsh words about our industry, however his Health person asked alot of questions and really wanted to know more and appreciated our passion against youth access, IP infrinegment, Cartoon labels and battery safety! This meeting will hopefully open the door to the Congressman and start some great dialog. Incidentally, the staffers boyfriend vaped!

Sherrod Brown's Health Director
Next, we had a meeting that I honestly had written off with Sherrod Brown`s Health Director due to his numerous attacks on our industry. I am delighted to say that this meeting overall was a positive one. Abby, his staffer said "Senator Brown does have a bee in his bonnet about this industry" again, she was impressed that we agree with them on youth, IP, cartoons, and safety...however, she did say that the Congressman was not likely support an overhaul...but this has definately opened to the door to further meetings with them.

Congressman Bob Gibbs
Last and certainly not least, we met with Congressman Bob Gibbs! This meeting was the perfect end to an amazing day! Congressman Gibbs committed to send a letter to FDA to push them to allow innovation to help improve safety in our products while we are in the next years of the Deeming. He also was quite confused as to why FDA was wanting to shut down an industry of small businesses that help people quit smoking which could have a postive effect on health, tobacco harm reduction, and reduce medicare spending! I have attached some pictures from our day on the Hill!


​Thank you all for your support and stay tuned for we are just getting starting.

This program with Battery Solutions for OHVTA Members to collect and recycle vapor batteries.

• There is a $70.00 charge for the bucket.
• Includes a prepaid return label
• The battery bucket holds 35lbs of batteries.

If you would like to participate, please reach out to Jenny at Battery Solutions.

Why Recycle Li-Ion?

1. Circular economy - with the respect to repair, reuse, recycle and recovery in mind.  All of these things equate to price stability and protects again price volatility. 
2. Cost -  of newly mined raw materials is up 400%!!!  Which, will ultimately affect your industry due to the metals in your batteries.
3. Safety – These batteries can be hazardous and have been known to explode and catch fire.  Properly recycling these batteries mitigates the risk and proves that you hold your stores in your industry to a higher standard.
4. Landfilling – There are multiple incidents where trash companies are pleading to consumers and businesses to keep li-ion batteries out of the trash  
   1. https://www.pressherald.com/2017/12/20/recycler-warns-of-lithium-ion-fire-risk/
   2. http://www.fox19.com/story/37905605/rumpke-throwing-away-batteries-creates-fire-risk

 

1. Supply Chain/Social Responsibility – Mining for raw Cobalt has become the new conflict mineral

Enabling a circular supply chain for batteries, we reduce the global need for mining of virgin material especially of conflict materials, like cobalt, found in lithium-ion batteries. We’ve recycled nearly 2 million pounds of these batteries year to date in 2017. This equates to up to 400,000 pounds of recovered cobalt that can be reused. It is a small part to ease the ever-rising demand for cobalt where, “thousands of miners in Congo dig by hand. Children, too,” according a recent The Washington Post article. These deplorable conditions urge us into full R&D mode in the product life extension for lithium-ion batteries, starting with laptop, power tool and cell phone batteries and working our way into electric vehicle battery reuse and re-purpose. 
 
https://www.washingtonpost.com/graphics/business/batteries/congo-cobalt-mining-for-lithium-ion-battery/?noredirect=on
 
https://www.cnn.com/videos/world/2018/05/02/cnn-freedom-project-electric-cars-cobalt-elbagir-pkg.cnn

"Dear Vapers,
We all know “the suit” — Nicopure and Right to be Smoke-Free vs. FDA. It’s one of many facets of the ongoing war to save vaping. But right now, it’s a struggle, and one of our lasts hopes...."

"We at VAPE News Magazine/VAPENews.com  have partnered with Grimm Green and others to organize this grassroots-style fundraiser to help keep this moving forward..."