FDA seizing new shipments

Status
Not open for further replies.

MoonRose

Super Member
ECF Veteran
Verified Member
Aug 3, 2010
698
77
Indiana, USA
As far as the taxation goes for pv products ... the only part that I can see them being able to tax under tobacco taxation laws will be the liquid if it contains nicotine. The battery, atomizer and 0 nic liquids would only be able to have local, state or federal sales taxes applied to them just like any other battery, heating element or food flavoring has. That being said they will be looking for ways to tax the crapola out of nic liquids.
 

sherid

Ultra Member
ECF Veteran
Verified Member
May 25, 2008
2,266
493
USA
I've said it before, I'll say it again. Electronic cigarettes are not the issue, tobacco is. We must polarize the issue. If you are anti-ecig, you are pro-tobacco and pro-tobacco-death. Almost 100% of the general public knows the danger of tobacco and will see your point. Painting politicians with the broad pro-tobacco stain is fatal to their cause and a good way to not get re-elected. This has to be the major theme.


They have been scouring the globe and every hospital bed on earth, trying to find someone... anyone harmed by this and they can't. So after 8 years and a million users, all we have are a couple of parts per billion of antifreeze. This is precisely why they keep losing in court. They can't demonstrate any harm.

It's like anti-smokers claiming that secondhand smoke kills 70,000 people a year but not being able to produce even three names of anyone who ever died solely because of secondhand smoke.
 

Sgt. Pepper

Vaping Master
ECF Veteran
Verified Member
Jan 10, 2011
4,192
51,037
As far as the taxation goes for pv products ... the only part that I can see them being able to tax under tobacco taxation laws will be the liquid if it contains nicotine. The battery, atomizer and 0 nic liquids would only be able to have local, state or federal sales taxes applied to them just like any other battery, heating element or food flavoring has. That being said they will be looking for ways to tax the crapola out of nic liquids.

Sorry, it was early and I didn't feel like typing what I thought was obvious. The "only part that I can see them being able to tax" is the largest expense for most of us after the initial set=up in the e-cig world.
 

Vocalek

CASAA Activist
Supporting Member
ECF Veteran
I've said it before, I'll say it again. Electronic cigarettes are not the issue, tobacco is. We must polarize the issue. If you are anti-ecig, you are pro-tobacco and pro-tobacco-death. Almost 100% of the general public knows the danger of tobacco and will see your point. Painting politicians with the broad pro-tobacco stain is fatal to their cause and a good way to not get re-elected. This has to be the major theme.

Once that is established, they will drag out the antifreeze/carcinogen argument which is easy to shut down with the "it's 1000 times less than a cigarette" antidote. This works like kryptonite but be well versed in the facts.

They will then try the old "we don't know enough about e-cigs" canard. This is a flat out lie. The FDA knows a great deal. They have been scouring the globe and every hospital bed on earth, trying to find someone... anyone harmed by this and they can't. So after 8 years and a million users, all we have are a couple of parts per billion of antifreeze. This is precisely why they keep losing in court. They can't demonstrate any harm.

Finish up with "senator, you are pro-tobacco and your position on this issue will kill people". By the way, a large percentage of the press smokes (it is a high pressure job) and they are sympathetic to the c-cig side.

It's important to understand the difference between "tobacco" and "smoking". A lot of the confusion comes from the nicotine prohibitionists who have systematically begun substituting the word "tobacco" where "smoking" is the more precise word. Why is this important? Because the government and the so-called health organizations have been lying to us for decades.

"This product is not a safe alternative to smoking." Misleading.

About 80% interpret this to mean that "This product is not one bit safer than smoking -- so you might as well smoke."
http://www.casaa.org/files/you might as well smoke(2).pdf

The truth is that any smokeless form of tobacco is 90 to 99% less hazardous than smoking. Truth! In Sweden, 66% of snus (a type of moist snuff) users are former smokers. So snus is much more effective for smoking abstinence than NRTs. Because the Swedish product has been developed to reduce the amount of nitrosamines (a potential carcinogen), smokers who switched to snus live just as long as smokers who gave up all forms of tobacco. This has been known for decades!

Many of us e-cigarette users were outraged when we discovered that we could have achieved smoking abstinence years and years ago, had we only known the facts.

So could we phrase our argument as "Senator, if are against e-cigarettes, you are in favor of smoking."
 

kristin

ECF Guru
ECF Veteran
Aug 16, 2009
10,448
21,120
CASAA - Wisconsin
casaa.org
I agree with you 100% if you change the word "tobacco" to "smoking."

I've said it before, I'll say it again. Electronic cigarettes are not the issue, tobacco is. We must polarize the issue. If you are anti-ecig, you are pro-tobacco and pro-tobacco-death. Almost 100% of the general public knows the danger of tobacco and will see your point. Painting politicians with the broad pro-tobacco stain is fatal to their cause and a good way to not get re-elected. This has to be the major theme.

Once that is established, they will drag out the antifreeze/carcinogen argument which is easy to shut down with the "it's 1000 times less than a cigarette" antidote. This works like kryptonite but be well versed in the facts.

They will then try the old "we don't know enough about e-cigs" canard. This is a flat out lie. The FDA knows a great deal. They have been scouring the globe and every hospital bed on earth, trying to find someone... anyone harmed by this and they can't. So after 8 years and a million users, all we have are a couple of parts per billion of antifreeze. This is precisely why they keep losing in court. They can't demonstrate any harm.

Finish up with "senator, you are pro-tobacco and your position on this issue will kill people". By the way, a large percentage of the press smokes (it is a high pressure job) and they are sympathetic to the c-cig side.
 

Bill Godshall

Executive Director<br/> Smokefree Pennsylvania
ECF Veteran
Apr 2, 2009
5,171
13,288
67
gatorfan wrote
I'm sure this has been said somewhere in this thread: it's all about the $$, i.e., tax revenue. You (ecig user) are a threat to the feds and state when you stop getting your nicotine from analogs or other taxed tobacco products. If the gov't can't stop ecig's, they'll tax it--it won't be long.

Tobacco taxation has NOTHING to do with FDA's attempt to ban or its ongoing seizures of e-cigarettes, and has NOTHING to do with state or local legislative attempts to ban e-cigarettes.

These folks want to ban e-cigarettes because they are tobacco/nicotine prohibitionists.

The outrageous irony is that CTFK/ACS/AHA/ALA aggressively lobbied (along with Philip Morris) to enact the FSPTCA, which explicitly prohibits the FDA from banning cigarettes, and yet these same groups are urging FDA and states to ban e-cigarettes.
 

DC2

Tootie Puffer
ECF Veteran
Verified Member
Jun 21, 2009
24,161
40,974
San Diego
That being said they will be looking for ways to tax the crapola out of nic liquids.
Don't be so sure.

Tobacco products are basically supposed to be taxed in relation to the harm they are believed to cause.
And because of that, electronic cigarettes should be taxed at rates comparable to snuff and snus.

I assume these are the current Federal Excise Taxes...
TTB Tax and Fee Rate

Code:
[B]Tobacco Products          [/B][B]1000 units      [/B][B]Pack of 20[/B]
Small Cigarettes            $50.33          $1.01
Large Cigarettes           $105.69          $2.11
Small Cigars                $50.33          $1.01
 
[B]Tobacco Products              [/B][B]1 lb.       [/B][B]Tin or Pouch[/B]
Pipe Tobacco                 $2.8311        $0.1769
Chewing Tobacco              $0.5033        $0.0315
Snuff                        $1.51          $0.0944
Roll-your-own Tobacco       $24.78          $1.5488

That doesn't mean they won't do something outrageous and without justification.
But it will be up to all of us to fight to make sure everyone is, at the very least, properly educated.
 

maxx

Ultra Member
ECF Veteran
Jan 23, 2010
1,269
3
PA, USA
www.omnimaxx.com
Tobacco taxation has NOTHING to do with FDA's attempt to ban or its ongoing seizures of e-cigarettes, and has NOTHING to do with state or local legislative attempts to ban e-cigarettes.

I disagree, Bill....at least in terms of extent. I don't feel all ban attempts are tax motivated when they are proposed, but I am certain that votes are being cast based on tax revenue shortfalls.

Something to consider...

Of the states listed as being in the worst financial trouble are New York, Illinois and California. In fact, those three (according to Forbes) are in the top 5 states virtually bankrupt. They also happen to be states with higher than average cigarette sin taxes. Now recently, which states tried hardest to ban e-cigs? Amongst them....New York, Illinois and California. That can't be a coincidence. Millions of dollars that were once going into state coffers from cigs....is now going into e-cig companies. States are addicted to tobacco dollars and will do anything to keep it flowing as the only politically safe taxation they can support.
 

Sgt. Pepper

Vaping Master
ECF Veteran
Verified Member
Jan 10, 2011
4,192
51,037
gatorfan wrote


Tobacco taxation has NOTHING to do with FDA's attempt to ban or its ongoing seizures of e-cigarettes, and has NOTHING to do with state or local legislative attempts to ban e-cigarettes.

These folks want to ban e-cigarettes because they are tobacco/nicotine prohibitionists.

The outrageous irony is that CTFK/ACS/AHA/ALA aggressively lobbied (along with Philip Morris) to enact the FSPTCA, which explicitly prohibits the FDA from banning cigarettes, and yet these same groups are urging FDA and states to ban e-cigarettes.

gatorfan wrote


Tobacco taxation has NOTHING to do with FDA's attempt to ban or its ongoing seizures of e-cigarettes, and has NOTHING to do with state or local legislative attempts to ban e-cigarettes.

These folks want to ban e-cigarettes because they are tobacco/nicotine prohibitionists.

The outrageous irony is that CTFK/ACS/AHA/ALA aggressively lobbied (along with Philip Morris) to enact the FSPTCA, which explicitly prohibits the FDA from banning cigarettes, and yet these same groups are urging FDA and states to ban e-cigarettes.

Bill, with all due respect, it's always about the $$--especially with gov't. The states are dependent on these revenues from tobacco taxation. New York expected to bring in $440 million in 2010 alone (New York Times June 18, 2010).

New York Times June 21,2010 article speaks about the newly enacted legislation on raising the cigarette taxes as a way of bridging the budget gap. "The new law, part of an emergency budget measure to keep the government running..."

I don't care what the FDA is doing or what ruse it is using...the states and fed's are dependent on this $$ and will do and use whatever gov't agency (including the FDA) they have at their disposal in order to protect this revenue from tobacco.

It's all about the $$. The FDA receives its funding from the gov't and it will do what the politicians tell them to do
 

DivaB

Senior Member
ECF Veteran
Verified Member
Jul 27, 2010
142
3
Ohio
Update...I can now say that my shipment isn't one that was taken, it was just lost, but after 8 weeks, it finally arrived. It was just weird that while tracking it, the tracking just stopped when it reached the United States Coast. Lastly, everyone needs to stick together on keeping track of what states are doing what and keeping those letters going. Once one state passes something, it'll start the ball rolling in all the other states.
 

Petrodus

Vaping Master
ECF Veteran
Oct 12, 2010
7,702
8,132
Midwest
Everyone lies to everyone about everything and what appears to be the truth
is just a lie that no one yet has figured out where the money trail leads.

Everyone Lies EXCEPT us... We know the truth and have the references to prove
what we say, however, few want to even hear the truth or see the references.

Frustrating Ain't it?
 

dave8944

Senior Member
ECF Veteran
May 16, 2009
154
97
Update...I can now say that my shipment isn't one that was taken, it was just lost, but after 8 weeks, it finally arrived. It was just weird that while tracking it, the tracking just stopped when it reached the United States Coast. Lastly, everyone needs to stick together on keeping track of what states are doing what and keeping those letters going. Once one state passes something, it'll start the ball rolling in all the other states.

I just placed an order (with China based CN shop) in an attempt to "run the blockade." I wish we could get more reports like yours of success or failure. My order was very small, but I'd sure like to hear about as many large or small orders as possible.
 

Vocalek

CASAA Activist
Supporting Member
ECF Veteran
FDA does not stand to gain (or stop loss of) any tax dollars by banning e-cigarettes. It does seem that the motivation has to boil down to either a prohibitionist mentality as Bill mentioned or guarding the revenue of their clients the pharmaceutical companies--or a combination of both.

On the other hand, I think the biggest initial motivator of bringing these bans to the floor at the State/Local level of government is a prohibitionist mentality -- Look at Linda Rosenthal bragging about how she quit 20 years ago (Nanny, nanny, boo, boo!) and we should not be looking to another source of nicotine to be addicted to. But in terms of how the members vote, it could be that the thought of losing Big Bucks in tobacco tax revenue tips the balance.
 

kristin

ECF Guru
ECF Veteran
Aug 16, 2009
10,448
21,120
CASAA - Wisconsin
casaa.org
I have to say that both you and Bill are correct. It's somewhat to do with money and mostly to do with tobacco/nicotine prohibitionists. I don't think the tax consequences have even occurred to most of these people.

Consider these facts:

1. The FDA first started it's campaign against e-cigs when alerted by health organizations who hate anything that looks like smoking or contains nicotine not intended to treat addiction. (Prohibitionist)

2. Those groups are funded by Big Pharma. (Money)

3. When the FDA started the campaign, it was headed by a known anti-tobacco person. (Prohibitionist)

4. Some of these groups and legislators are so against tobacco, they can't accept that e-cigs look like cigarettes and keep people "addicted" to nicotine (Prohibitionist)

5. Most legislators who have opposed e-cigs did so because they were also approached by the health groups who pushed their lies on them (prohibitionist, but not their fault, they were lied to)

6. The health groups lobbied the legislators to ban e-cigs because they believe that anything that looks like smoking and contains nicotine is evil and the groups are funded by Big Pharma (prohibitionist AND money)

It's really a mix of the two. There really are groups out there that cannot STAND anything tobacco or smoking related. Witness the fact that it is no longer the fight against smoking, they now call it the fight against tobacco. And when it's pointed out that some tobacco has very little health risks, they are suddenly against any addiction at all. These people truly don't care if smokers die - they just want all tobacco GONE. The former head of the FDA was one such person. They only support Big Pharma nicotine because it's meant to treat nicotine addiction and people are assumed to be free from addiction.

On the other hand, many of these groups are funded by Big Pharma. It's hard not to imagine that they aren't influenced by the fact that they receive huge amounts of money they receive from the industry.

Finally, just about every legislator who is not a rabid anti/prohibitionist (like Rosenthal) who proposed legislation was found to have been heavily influenced by the lies that the health groups were telling. They really don't seem to have even considered the tax ramifications at this point. Most proposed legislation has been indoor use bans, not outright sales bans. This was made evident in Illinois when we went and testified and the panel was pretty shocked to hear the difference in our testimony and that of the lobbyist for the health groups. If it was really about the money for legislators, they would have passed it regardless, but they didn't. And California and Minnesota also passed on banning them.

So, it's both about prohibitionism and money, but the evidence suggests that the tax ramification haven't yet come into play for the most part or more legislators would be attempting to ban sales outright rather than just include them in indoor use bans.

Bill, with all due respect, it's always about the $$--especially with gov't. The states are dependent on these revenues from tobacco taxation. New York expected to bring in $440 million in 2010 alone (New York Times June 18, 2010).

New York Times June 21,2010 article speaks about the newly enacted legislation on raising the cigarette taxes as a way of bridging the budget gap. "The new law, part of an emergency budget measure to keep the government running..."

I don't care what the FDA is doing or what ruse it is using...the states and fed's are dependent on this $$ and will do and use whatever gov't agency (including the FDA) they have at their disposal in order to protect this revenue from tobacco.

It's all about the $$. The FDA receives its funding from the gov't and it will do what the politicians tell them to do
 
Last edited:

maxx

Ultra Member
ECF Veteran
Jan 23, 2010
1,269
3
PA, USA
www.omnimaxx.com
Occam's razor applied:

Legal e-cigs equals less government money.
Illegal e-cigs equals more government money.

It doesn't get any simpler than that. Oh sure...there are plenty of fascists out there that have warped Utopian ideas to go along with their feelings of inadequacy and wake up each morning measuring their body parts. But ultimately....cash is king.
 
Status
Not open for further replies.

Users who are viewing this thread