Classification of e-cigarettes as tobacco products = illegal to purchase online?

[dubd1c3]

Soo...

The Internet Tobacco Sales Enforcement Act implies that if e-cigarettes are branded as tobacco products, it will become GROSSLY difficult to get them over the Internet. Possibly ILLEGAL. I know here in Michigan it is illegal to purchase analog cigarettes over the Internet. It might be due to this Act.

Am I correct in this assessment?

The Internet is our source for the best possible selection of devices and juice. Restricting purchases to face-to-face only by way of ITSEA could possibly KILL this industry...

 

[dumkopf]

you can buy nicotine patches over the intrawebz. VP's just seems to me like they are inhalable patches. no tobacco, no smoke but its not about whats right or wrong, black or white, its about green.... money and the gov't doesnt like when they arent getting any. hopefully more ppl start vaping and this really takes off to the point they cant ban them... educate every smoker you know

 

[Happy Domino38]

Thats what we're all fighting for..

 

[dubd1c3]

Well, NRT aren't tobacco products. BUT, if e-cigs were actively classified as NRT, you would have worse problems like manufacturers and resellers might need to get pharmaceutical licenses, possible prescription requirement, legal usage limits...

 

[Nyxie]

I believe the law about purchasing analogs over the internet is for 2 reason. Number one I have personal experience with in Il. I use to buy cigs over the interent about 8 yrs ago. Illinois was upset that they were losing tax revenue. They somehow got a list of all the customers who had ordered over the internet from other states and sent us all bills in Il. for cigarette tax. My bill was about 2500.00 I refused to pay it. I have other friends who hired attorneys to fight this issue and they could not win and had to pay to. The problem with them was that they had to pay about 10k in cig tax because they ordered for themselves and friends at the same time.
The other issue is that minors can with the help of a pre paid debit card order them online and have them delivered where ever they want.

 

[Nyxie]

Oh and another thought about this is paying use tax for purchases made over the internet. Most states require this. What i mean is this. Online sellers are only required in most cases to collect tax in places they have a physical location. BUT it is the purchasers responsibility to pay the use tax in thier state they had the item shipped to. This was how Il got to sed me a big fat bill. I never paid use tax. Well I do now in Fl. I fill it out quarterly and send it in because even though I refused to pay in Il when they sent me a big fat bill. I did learn my lesson.
I believe if the people ordering online cigs would have paid at least some use tax that law would have never come as far as it did.

 

[dumkopf]

Well, NRT aren't tobacco products. BUT, if e-cigs were actively classified as NRT, you would have worse problems like manufacturers and resellers might need to get pharmaceutical licenses, possible prescription requirement, legal usage limits...

Didnt consider that, good point. But wouldnt some regulation on the liquid be a good thing? We would know exactly whats in the vapor we inhale. I know this would only make everything more expensive so i guess its a double edged sword. I personally dont want the gov't in my day to day life, its my body let me do what the hell i want with it, but i guess we all take a risk when we buy products from overseas that dont have the reputation for being the most safety conscious. I'm not really sure where i fall on this issue. the republican in me says free market/small gov't but with the past health risks out of china and just in general people being crazy these days something you ingest/inhale doesnt hurt to be tested/certified. i'm split...

 

[thephoenix]

man! if they ban them from online sales due to classification that would be a nightmare...

i guess it's a 2 edged sword...

classification as a drug delivery device = severe regulation and likely market application approval...which is just a nod to big pharmaceutical companies...and kill all the hard earned market share of the start-ups...

classification as tobacco product = possible online ban?

can't they just classify them as awesome?

 

[dubd1c3]

can't they just classify them as awesome?

if only...

 

[Stubby]

Soo...

The Internet Tobacco Sales Enforcement Act implies that if e-cigarettes are branded as tobacco products, it will become GROSSLY difficult to get them over the Internet. Possibly ILLEGAL. I know here in Michigan it is illegal to purchase analog cigarettes over the Internet. It might be due to this Act.

Am I correct in this assessment?

The Internet is our source for the best possible selection of devices and juice. Restricting purchases to face-to-face only by way of ITSEA could possibly KILL this industry...

The bill you are talking about never passed. The PACT act, which is essentially the same bill passed this session of congress and goes into effect on June 30, 2010. The big losers in this are internet sellers of cigarettes, but smokeless tobacco sellers, and that includes Swedish snus are effected as it will make it more expensive and a bigger hassle to order online.

Many people, including myself think the PACT act will push cigarette sales into the black market. This is not a far-fetched idea. Just look to Canada for a blueprint as to the future of tobacco. 50% of all cigarettes sold in Ontario are now black market and it is rapidly moving west. Expect it to move south into the US in short order.

 

[Tampa2]

The bill you are talking about never passed. The PACT act, which is essentially the same bill passed this session of congress and goes into effect on June 30, 2010. The big losers in this are internet sellers of cigarettes, but smokeless tobacco sellers, and that includes Swedish snus are effected as it will make it more expensive and a bigger hassle to order online.

Many people, including myself think the PACT act will push cigarette sales into the black market. This is not a far-fetched idea. Just look to Canada for a blueprint as to the future of tobacco. 50% of all cigarettes sold in Ontario are now black market and it is rapidly moving west. Expect it to move south into the US in short order.

This could be a bigger problem than the FDA! And that takes some doing!

 

[dubd1c3]

Ugh... maybe it's time to move out of michigan.

 

[CaptJay]

So...in order to get more taxes per State they ban Internet sales which results in more black market purchases which equals less taxes paid per State, and of course local businesses going under - did I get that right? (using Canada as a business model here)
Has no-one in govt heard of logic? I'm just..gobsmacked really.

 

[Stubby]

So...in order to get more taxes per State they ban Internet sales which results in more black market purchases which equals less taxes paid per State, and of course local businesses going under - did I get that right? (using Canada as a business model here)
Has no-one in govt heard of logic? I'm just..gobsmacked really.

Yes, but the gangs and mafia are loving it. A whole new enterprise to make millions, if not billions of dollars. That and 45 million waiting costumers who have been taxed to death and will have no hesitation about buying cheap black market tobacco. TC has been pushing the whole tobacco issue towards prohibition, and the PACT act is just another step. They seem to have forgotten about the lessons of alcohol prohibition.

 

[dubd1c3]

To further discuss this we need numbers on estimated tobacco sales inititated in the USA but shipped from other countries versus domestic-domestic.

 

[5cardstud]

I believe the law about purchasing analogs over the internet is for 2 reason. Number one I have personal experience with in Il. I use to buy cigs over the interent about 8 yrs ago. Illinois was upset that they were losing tax revenue. They somehow got a list of all the customers who had ordered over the internet from other states and sent us all bills in Il. for cigarette tax. My bill was about 2500.00 I refused to pay it. I have other friends who hired attorneys to fight this issue and they could not win and had to pay to. The problem with them was that they had to pay about 10k in cig tax because they ordered for themselves and friends at the same time.
The other issue is that minors can with the help of a pre paid debit card order them online and have them delivered where ever they want.

Washington State was concerned about losing tax revenue too. So much that they made all the indian tabacco stores charge taxes. The stores could keep the tax money if they wanted but had to charge it. That way people wouldn't go out of their way to seek out a tribal tabacco store.