The only state currently taxing e-cigarettes is Minnesota and it had nothing to do with
tobacco company lobbying. Minnesota added e-cigarettes to the definition of
tobacco product back in 2010, long before
tobacco companies entered the market. Unfortunately, CASAA found out about it after it had already passed, but in 2013 issued a Call to Action when the tax was raised to an outrageous 95% of the wholesale price, per disposable e-cigarette or refill cartridge. (Refill bottles seem not to have been specified, but based on the language of the law, it would likely be per wholesale bottle cost.) The tobacco tax is in lieu of state and local sales tax and is the same as the tax imposed on novel tobacco products (not the same as cigarettes, cigars, pipe tobacco, roll-your-own or chew.)
While CASAA still fought the tax, it's important for people to see just how such a high tobacco tax actually effected the e-cigarette market. Because cigarette taxes were also raised at the same time (it kicked in this July) it seems to still be a boon for the e-cigarette market:
E-cigarette stores boom in Minnesota after cigarette tax increase - Minneapolis / St. Paul Business Journal
The worry that a tobacco tax applied to e-cigarettes would make them just as expensive or nearly as expensive as traditional cigarettes didn't happen in Minnesota. Because the wholesale cost of refill cartridges are around 10¢ each (or less, depending on bulk sale costs), the tax on a 5 pack of cartridges would only be 48¢. That would make a $5 pack $5.48. If it was taxed under the state and local sales tax, it would be up to $5.44 depending upon local taxes. A 10 ml bottle of liquid with a wholesale cost of 95¢ would theoretically be taxed 90¢ in Minnesota. The state and local sales tax on a $10 bottle would be up to 79¢. So, if a retailer sold a 10 ml bottle for $10 it would cost $10.90 under the tobacco tax or $10.79 under the sales taxes. Meanwhile, one pack of brand-name cigarettes costs $7 - $8. (The Federal government currently has no tax for "other tobacco products" such as dissolvables and e-cigarettes and it would take an act of Congress to create one. That could take years and will only happen if we can't convince them that there is no justification for a Federal e-cigarette tax.)
So, even though we will still keep fighting these taxes as being completely unjustified (and because tobacco taxes are too easily increased,) folks should know that the concern that e-cigs falling under a tobacco tax will automatically make e-cigarettes unaffordable or anywhere near the cost of traditional cigarettes may be unfounded. That doesn't mean we won't keep fighting them, though!!
