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VTA Response to the FDA’s Ultimate Authorization of Menthol E-Cigarettes

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WASHINGTON – June 24, 2024 – The following statement is attributable to Tony Abboud, executive
director of the Vapor Technology Association (VTA):

“VTA applauds the Food and Drug Administration’s (FDA) decision to finally follow the massive body of science proving that flavored e-cigarettes help Americans quit smoking. However, we remain deeply concerned that their actions are too little, too late for the more than 2 million Americans who died from smoking while the FDA stood idly by.

“The reality is that this news, while a tiny step in the right direction, again reveals a more troubling pattern – the FDA acting only in self-interest to quell political pressure rather than acting in the interest of the American people. The only vapes authorized today are all owned by the biggest cigarette companies. Today’s authorizations once again demonstrate Brian King and the FDA’s hypocriticalallegiance to those cigarette companies whose deadly cigarettes and other combustible products that the FDA continues to flood the market with at a record pace.

“E-cigarettes are the most effective smoking cessation tool on the market and are at least 95% safer than combustible cigarettes. It is far past time for this FDA to approve a wide variety of flavored e- cigarettes to make up for all the cigarettes it has recently rushed to market and to give Americans desperately trying to quit smoking a fighting chance.

“VTA is once again calling for the FDA to stop selectively ignoring science on flavored e-cigarettes and create streamlined regulations and requirements that will allow independent companies of all sizes – not just Big Tobacco conglomerates – to get less harmful nicotine alternatives on the market as it is required to do under the law.”

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VTA Responds to Gov. DeSantis’ Signing of SB1006 / HB1007.

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WASHINGTON – April 29, 2024 – The following statement is attributable to Tony Abboud, Executive Director of the Vapor Technology Association (VTA):

“VTA is disappointed to learn that Governor DeSantis has signed into law SB1006/HB1007. While the legislation is a clear rejection of the originally ill-conceived PMTA registration bill pushed by Big Tobacco, the Attorney General, and the Florida State Legislature, it still raises numerous public health, legal, and constitutional questions. If not subsequently addressed, these questions will make it a job-killing, industry-crushing, and small business decimating law that will cripple Florida’s independent vaping industry and deny adult Floridians access to the harm reduction benefits of e-cigarettes.”

 “The passage of this law sets a dangerous precedent by giving complete power to the Attorney General, whose original intention was to remove all flavored vaping products from the Florida market, to pick winners and losers based on ambiguous and subjective standards; a power which, if not wielded properly will serve up the independent Florida vapor industry on a platter to Big Tobacco, imperiling the freedoms that are so important to Floridians.” 

“Despite these developments in Florida, VTA continues its call for state and federal officials to restore scientific primacy and integrity to the regulations which govern the safe and reliable sales of e-cigarettes to adult consumers.”

“To that end, VTA is eager to work with Governor DeSantis, the General Assembly, and the Attorney General to demonstrate why thoughtful and drastic changes in the law and the approach to e-cigarette policy are required in the 2025 legislative session in order to make sure that Floridians have access to their favored flavored e-cigarette products and that international tobacco giants overseas don’t profit by the elimination of the independent American vapor industry in Florida.”

“What’s at stake? A recent economic impact report shows the staggering losses associated with a de facto ban on vapes represented by this bill. Eliminating vapes will force more than 6,237 Floridians out of work and cost more than $319.1 million in wages and benefits, and result in the loss of $1.08 billion in economic activity in Florida.”

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VTA Responds to Biden Administration’s Menthol Cigarette Delay

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WASHINGTON – April 26, 2024 – The following statement is attributable to Tony Abboud, executive director of the Vapor Technology Association (VTA):

“VTA applauds the decision by the Biden Administration to delay a proposed ban on menthol flavored cigarettes, not because they should not ban menthol cigarettes, but because it reflects a healthy suspicion of the U.S. Food and Drug Administration’s (FDA) recent hypocritical actions of rushing more than 800 new cigarettes to market over the last two years while simultaneously banning all less harmful flavored e-cigarettes.

In addition to listening to their constituents, the Administration’s delayed decision recognizes that absent a diverse marketplace filled with less harmful e-cigarettes, menthol smokers will have nowhere to turn — other than a black market. VTA is once again calling on the FDA to stop approving cigarettes pushed by Big Tobacco and authorize a diverse range of flavored nicotine options for smokers looking to quit.” 

VTA Responds to Gov. Youngkin’s Amendments to SB550/HB1609

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WASHINGTON – April 10, 2024 – The following statement is attributable to Tony Abboud, executive director of the Vapor Technology Association (VTA):

“While VTA is deeply disappointed that the Virginia State Legislature did not consider the science, overwhelming adverse impact on Virginia’s economy, and harm reduction benefits of e-cigarettes when passing SB550/HB1609 , we would like to express our gratitude to Governor Glenn Youngkin’s office for the time and attention they paid to the real danger to Virginia consumers and small businesses of banning all vapor products, an alternative that is currently helping Virginians quit smoking cigarettes.”

“The Governor’s amendment delaying the effective date is wise as it will ensure that Virginia does not precipitously shut down an important industry by rubber stamping a federal regulatory decision-making process which the 5th Circuit Court of Appeals has declared unlawful, the final legality of which the U.S. Supreme Court will be reviewing this year and next. VTA intends to use this time to allow our store owners the opportunity to share with their elected officials just how detrimental this legislation will be to their livelihoods as well as their customers’ health.”

“We applaud Governor Youngkin for issuing these amendments and standing up to Big Tobacco’s continued attempts to boost lagging cigarette sales by immediately shutting down Virginia’s small businesses selling less harmful alternatives to cigarettes.” 

“In light of these developments in Virginia, VTA continues its call for state and federal officials to restore scientific primacy and integrity to the regulations which govern the safe and reliable sales of e-cigarettes to adult consumers.  And VTA applauds the state legislature for passing SB 582/HB 790 – a comprehensive set of reforms that implement the strongest, proven policies that will reduce the appeal of, access to, and use of vapor products by youth – which VTA has been advocating for many years.” 

“VTA looks forward to working with Gov. Youngkin, the General Assembly, and smoking reduction advocates in Virginia to demonstrate why drastic changes in approach are required in the 2025 legislative session.”

VTA and Florida Smoke Free Association Ask Governor DeSantis to Veto HB1007

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Yesterday, both the Vapor Technology Association and the Florida Smoke Free Association sent letters to Governor DeSantis asking that he veto HB 1007. Their concerns were first jointly expressed in a public statement and are now made official in their letters. VTA’s letter, with its attached economic impact analysis advising the Governor that the bill would eliminate that $1.1 billion economic impact of the vaping industry in Florida, can be found here. Florida Smoke Free Association’s letter can be found here.

In 2020, Governor DeSantis vetoed a flavor ban that protected the state’s robust vaping industry and the groups are asking that he does the same again.

Joint Statement Calling on Gov. DeSantis to Veto Vaping Ban

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JOINT STATEMENT FROM THE VAPOR TECHNOLOGY ASSOCIATION & THE FLORIDA SMOKE FREE ASSOCIATION REGARDING FLORIDA GOV. RON DESANTIS’ DECISION CONSIDERATION OF
JOB-KILLING, INDUSTRY-CRUSHING VAPING LEGISLATION

WASHINGTON, D.C. – March 7, 2024 – The following statement is attributable to Tony Abboud, executive director of the Vapor Technology Association (VTA):

“On the way to Gov. Ron DeSantis’ desk is a job-killing, industry-crushing, and small-business-decimating piece of legislation that would cripple Florida’s vaping industry and remove a critical harm reduction and smoking cessation tool from tens of thousands of Floridian vapers.”

“Florida’s vaping industry generates $1.1 billion in economic impact for the state, and it is unconscionable that Gov. DeSantis is considering and, in fact, advocating for legislation which would eradicate $845.4 million in direct sales, $149.9 million in state tax revenue, and more than 6,200 jobs associated with this critical industry. Small businesses and business owners will be forced to shutter immediately.”

“You are a job-creating, freedom-loving governor who understands the rights of vapers, and you’ve been here before. In 2020, you vetoed a hastily drafted and ill-considered flavored vaping ban bill. The fact that you are now considering this current de facto ban and job-killing bill is a betrayal of those adults in Florida who enjoy flavored vaping products. Even more, your administration has asserted that this will be beneficial to the industry – this is simply not true.”

“This bill is the worst example of big government overreach, and it allows one person, Attorney General Moody, to single-handedly pick winners and losers. Signing this bill will do nothing to advance public safety or public health for Floridians who smoke. As you have noted, removing flavored vapes will only drive former smokers back to cigarettes – all while eliminating a billion-dollar industry in Florida and growing the black market.”

“VTA is calling on Gov. DeSantis to immediately reverse course on this misguided action. Jobs, economic growth, and the individual freedoms of Floridians are on the line. Make no mistake, this legislation would create a system worse than the Biden Administration’s broken and illegal FDA process.”

“Gov. DeSantis: Is this worth ruining your legacy with Florida’s vapers? This community and this industry have a long memory, and we won’t forget.”

Nick Orlando, president of the Florida Smoke Free Association, added:

“I am intimately familiar with the many critical stakeholders in the Florida vaping industry who generate over a billion dollars and thousands of jobs for the state economy. From the beginning, we have been engaged participants in shaping this freedom-loving state’s views on critical harm reducing vapes. This bill undermines the principles which you’ve always stood for as Governor. It is a mistake, and this bill needs to be vetoed.”

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VTA Targets Sen. Chuck Schumer’s Proposed Crackdown on Zyn with Major Cable News Ad

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VTA Targets Sen. Chuck Schumer’s Proposed Crackdown on Zyn with Major Cable News Ad Buy Supporting Less Harmful, Tobacco-Free Nicotine Products

Ad warns of undue government intervention on effective smoking-cessation and harm-reduction tools like e-cigarettes and nicotine pouches

WASHINGTON – Feb. 6, 2024 – The Vapor Technology Association (VTA) today announced the launch of a cable news ad buy targeting Sen. Chuck Schumer (D-New York) and his proposed federal crackdown on Zyn nicotine pouches. The ad runs this week on FOX News and FOX Business during key programming slots, including “FOX and Friends,” “Kudlow,” and “The Five.”

VTA Major Cable News Ad Buy

The ad connects a proposed ban on e-cigarettes with Sen. Schumer’s calls for investigation into Zyn nicotine pouches, a less harmful, tobacco-free nicotine product. The ad also calls out entrenched bureaucrats at the Food and Drug Administration’s (FDA) Center for Tobacco Products (CTP), led by Brian King, for repeatedly blocking access for millions of Americans to e-cigarettes as harm reduction tools that the science has proven are the most effective product on the market to help people quit smoking cigarettes.

“The FDA is wrong on e-cigarettes. Sen. Schumer is wrong on Zyn. And they’re both wrong on the science,” said Tony Abboud, executive director of VTA. “Rather than give adult smokers broader access to a greater number of lower-risk alternatives, the FDA and CTP are instead working overtime to limit access to less harmful alternatives to traditional cigarettes – including implementing a de facto ban on e-cigarettes.”

The ad states that Schumer’s call for investigation by the Federal Trade Commission and FDA into Zyn amounts to an assault on Americans’ personal freedom to choose lower-risk, tobacco-free nicotine products that overwhelming scientific and medical data demonstrates are effective at helping adults quit smoking.

“Why is the FDA denying access to a wide range of less harmful alternatives to combustible cigarettes that could otherwise be used by millions of adult smokers trying to quit?” continued Abboud. “Cigarettes kill. Rather than even acknowledging the settled science in support of e-cigarettes and other less harmful, tobacco-free nicotine products in recent years, the CTP has instead authorized nearly 900 new cigarettes for Americans’ to smoke, suffer, and die from – but Sen. Schumer thinks it’s Zyn you need to be worried about. The anti-nicotine FDA and congressional establishment has simply lost its bearings on the strategy of harm reduction, which it applies to every public health crisis, yet refuses to apply to the annual crisis of nearly half a million Americans dying from smoking every single year.”

“VTA is running this ad buy because Americans deserve to know that less harmful nicotine products exist that can help adult smokers trying to quit. VTA supports Americans’ freedom to choose,” concluded Abboud.

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About VTA: The Vapor Technology Association is the U.S. industry trade association whose members are dedicated to sound science-based regulation and selling innovative high-quality vapor products that provide adult smokers with a better alternative to combustible cigarettes. VTA represents the industry-leading manufacturers of vapor devices, e-liquids, and flavorings, as well as the distributors and retailers, including hardworking American mom-and-pop brick-and-mortar retail store owners.

Also Read FDA’s Center for Tobacco Products Must Reverse Course to Quickly Reduce Smoking Harms

VTA Responds to Schumer Call for Fed Crackdown on Zyn

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STATEMENT FROM THE VAPOR TECHNOLOGY ASSOCIATION IN RESPONSE TO SEN. CHUCK SCHUMER’S CALL FOR FEDERAL CRACKDOWN ON ZYN NICOTINE POUCHES

WASHINGTON – January 26, 2024 – The following statement is attributable to Tony Abboud, executive director of the Vapor Technology Association (VTA):

“On Tuesday, January 23, Senate Majority Leader Chuck Schumer called on the U.S. Food and Drug Administration (FDA) and Federal Trade Commission (FTC) to investigate the marketing practices and health effects of Zyn, the nicotine pouch brand.

“The American people have seen this movie before with less harmful e-cigarettes. Congressional leaders yell at unelected bureaucrats at the FDA who scurry to remove products from the market that offend their sensibilities – even though those products are less harmful than traditional cigarettes, and have been proven to help people quit smoking deadly cigarettes altogether. These misguided actions deprive American adults of less harmful, non-combustible, and non-tobacco nicotine products that are a proven alternative to combustible cigarettes and that the largest clinical trial in the U.S. has found to cause them to quit smoking even if they have no intention to quit cigarettes.

“There is already a de-facto ban on e-cigarettes. Sen. Schumer simply wants this ban extended to other products he and the Washington establishment deem undesirable.

“As with e-cigarettes, Sen. Schumer falsely asserted that Zyn products are popular with younger users. Yet, the National Youth Tobacco Survey data demonstrates that only 1.5% of youth have even tried nicotine pouches. When will the federal government stop hiding behind an excuse that has been disproven by their own data? 

“VTA stands with Zyn, and the makers of modern oral nicotine pouches, in the fight against arbitrary and capricious government action. Because cigarettes remain the No. 1 cause of preventable death and disease in the U.S., VTA insists on broad access to a wide variety of non-combustible products to preserve freedom of choice for adults who want to use nicotine – and to provide access to proven harm-reduction and smoking-cessation options essential for saving American lives.”

Media Contact
press@vaportechnology.org

About VTA

The Vapor Technology Association is the U.S. industry trade association whose members are dedicated to sound science-based regulation and selling innovative high-quality vapor products that provide adult smokers with a better alternative to combustible cigarettes. VTA represents the industry-leading manufacturers of vapor devices, e-liquids, and flavorings, as well as the distributors and retailers, including hardworking American mom-and-pop brick-and-mortar retail store owners.

Also Read FDA’s Center for Tobacco Products Must Reverse Course to Quickly Reduce Smoking Harms

VTA Critiques FDA’s Denial of Suorin Device and blu PLUS+ PMTAs

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STATEMENT FROM THE VAPOR TECHNOLOGY ASSOCIATION IN RESPONSE TO CTP’S DECISION TO DENY MARKETING OF SUORIN AND blu PLUS+ E-CIGARETTE PRODUCTS 

WASHINGTON, D.C. – January 19, 2024 – The following statement is attributable to Tony Abboud, executive director of the Vapor Technology Association (VTA):

“Today’s decision by the U.S. Food and Drug Administration (FDA) Center for Tobacco Products (CTP) to issue marketing denial orders (MDOs) for Suorin and blu PLUS+ e-cigarette premarket tobacco applications (PMTAs) is just the latest installment of FDA and CTP’s efforts to implement its de-facto ban on e-cigarettes in the U.S.”

“The constant refrain from CTP is that e-cigarette manufacturers are not providing ‘sufficient scientific evidence’ in their PMTAs, yet CTP refused to answer the Reagan-Udall Foundation’s most fundamental criticism of CTP’s entire regulatory process: that CTP has not clearly articulated what is required to prove what is appropriate for the protection of the public health (APPH) or how it is interpreting what is APPH.”

”Having failed to objectively define this standard while simultaneously using it to deny marketing authorization to critical smoking-cessation and harm-reduction products is a gross overreach for any governmental institution whose mandate is to follow the science. Courts have found that the process has become ‘arbitrary and capricious’ in practice, with CTP leadership choosing on a case-by-case basis how the standard ought to be defined. Meanwhile, companies are simply trying to do the right thing by complying with and adhering to the PMTA process set forth by the FDA.”

“What is most striking is that CTP claims that its denial of Suorin’s PMTAs was because its product promoted ‘continued use and development’ of dependence. If this is the standard, then every nicotine product will fail the bizarre standards of CTP, since nicotine is addictive, which will further CTP’s implementation of a ban on less harmful forms of nicotine and further lock 30 million Americans in the grip of toxic cigarettes.”

“This action by CTP comes on the heels of an earlier MDO against another c-cigarette company and clearly reflects CTP’s steadfast commitment to deny any and all products or devices which Americans can use as a dramatically less harmful alternative to combustible cigarettes.”

“CTP also continues to falsely assert that these products are popular with younger users. FDA’s own data in fact demonstrate a rate of 70,000 out of 28 million, approximately 0.25%. At what point will CTP stop and realize the dramatically low youth rate merits real and thoughtful consideration of the value of e-cigarette products for adults looking for a less harmful alternative to combustible tobacco?”

“Today’s actions of FDA and CTP do nothing to protect public health or help Americans who smoke. VTA once again calls on CTP to reverse course on its bad faith actions and restore scientific integrity to its regulatory and decision-making process. Enough is enough.”

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About VTA: The Vapor Technology Association is the leading industry trade association in the United States whose members are dedicated to sound science-based regulation and selling innovative high-quality vapor products that provide adult smokers with a better alternative to combustible cigarettes. VTA represents the industry-leading manufacturers of vapor devices, e-liquids, and flavorings, as well as the distributors and retailers, including hardworking American mom-and-pop brick-and-mortar retail store owners.

VTA Critiques FDA’s Denial of SMOK Device PMTAs

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STATEMENT FROM THE VAPOR TECHNOLOGY ASSOCIATION IN RESPONSE TO CTP’S DECISION TO DENY MARKETING OF SMOK E-CIGARETTE PRODUCTS 

WASHINGTON, D.C. – January 16, 2024 – The following statement is attributable to Tony Abboud, executive director of the Vapor Technology Association (VTA):

“Today’s decision by the U.S. Food and Drug Administration (FDA) Center for Tobacco Products (CTP) to issue 22 marketing denial orders (MDOs) for SMOK e-cigarette premarket tobacco applications further reinforces FDA’s steadfast commitment to its de-facto ban on e-cigarettes in the U.S.”

“For the first time, CTP has denied marketing authorization for purely technological devices that, per CTP’s own announcement, contain no tobacco, no nicotine, no e-liquid, and no flavorings. Still, CTP concluded that the American people couldn’t be trusted with these products because they “have the potential to be used with any e-liquid on the market and available to the consumer, which could include tobacco-flavored and non-tobacco flavored e-liquids.” In other words, CTP will deny Americans any device which allows them to consume nicotine in a manner that is scientifically proven to be dramatically less harmful than combustible cigarettes.”

“Today’s announcement reveals a rapid acceleration of CTP’s efforts remove any and all vaping devices from the market. Predictably claiming its decision was based on science, in actuality it had little to do with the data. CTP blithely asserted that SMOK products are popular with youth e-cigarette users. However, the 2023 National Youth Tobacco Survey (NYTS) data relied on by CTP, revealed the opposite. Not only did the data show another massive decline in youth use of any e-cigarettes (down 60% since 2019 and at a decade low), the data cited actually showed that less than one-tenth of one percent (230,000) of American youth even tried one of the SMOK products CTP just banned. Based on this objectively minute risk, CTP is barring millions of responsible adults from using these popular and technologically innovative products.”

“Like virtually all e-cigarettes, SMOK devices are a critical tool for American smokers looking for a less harmful alternative to smoking deadly cigarettes. CTP’s decision today is a rejection of technological innovation and is the most serious indication yet that it will not stop until all vaping products are eliminated in the U.S.”

“With CTP’s announcement, the VTA is once again renewing its call for CTP to reverse course, actually follow the science, and restore scientific primacy and integrity to its regulatory process.” 

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About VTA: The Vapor Technology Association is the leading industry trade association in the United States whose members are dedicated to sound science-based regulation and selling innovative high-quality vapor products that provide adult smokers with a better alternative to combustible cigarettes. VTA represents the industry-leading manufacturers of vapor devices, e-liquids, and flavorings, as well as the distributors and retailers, including hardworking American mom-and-pop brick-and-mortar retail store owners.

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