Industry Changes That Affect You
A lot has been changing in the vape industry throughout the few years. Many of these changes affect you, the consumer, the most. We are compiling a list that briefly summarizes these changes so that you are informed of the current situation. These rules and regulations are constantly changing, so check back to stay updated.
States We No Longer Service
Due to the PACT Act, we can no longer serve a few states because of complications. The cost of licensing and the workforce needed to complete monthly PACT Act reports have made providing our product impractical. Below is a list of current states we do not sell to:
Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Missouri, Nebraska, New Hampshire, New York, Ohio, Oregon (online only), Rhode Island, Utah (online only), Vermont, West Virginia, and the city of San Francisco.
For the states in BLACK, you can still order Greensmartliving products through our partner at www.ElectricTobacconist.com.
State Vape Bans
Some states have banned the online sale of vape products completely. These states are Arkansas, Georgia, Maine, New Hampshire, New York, Ohio, Oregon, South Dakota, Utah, and Vermont. The city of San Francisco also prohibits the sale of vape products online.
Flavor Ban – Effective February 2020
This FDA policy enforces the removal of any flavored vape products other than tobacco and menthol. Even menthol is considered a flavor and banned in some cities and states. This ban was created to stem the rise in youth vaping. Many companies produce flavors such as cotton candy and chocolate cake that can attract young people. Unfortunately, fruit and other flavors, such as vanilla, were also banned, preventing responsible companies from supplying adult vapers with flavors they enjoy.
Excise Tax
You may have noticed higher taxes on your orders. Taxes on specific products, called excise taxes, are applied for various reasons. The main reasons are to raise money for the taxing authority and to change the behavior of those being taxed. For most governments, the cigarette tax is a significant revenue source, and governments become dependent on the revenue; if smoking decreases, there’s a financial shortfall that must be made up with some other source of income, or else the government must reduce spending.
Since many smokers have transitioned to e-cigarettes, the government has taxed these products to compensate for lost revenue. These taxes can be based on a percentage of the wholesale price per ml of e-liquid or cartridge. For example, California’s excise tax is 56% of the wholesale price, whereas New Jersey charges .10 cents per ml, and Kentucky charges $1.50 per cartridge. For more info, go to https://www.greensmartliving.com/state-excise-taxes/
Signature Required Shipping
The PACT Act includes that all online and phone orders be shipped with a signature required at delivery. This rule aims to eliminate the possibility of minors ordering and receiving products online. Unfortunately, this comes at a cost, and we can no longer ship all orders for free. Instead, we will offer tiered shipping based on the dollar amount spent. For orders under $80, shipping will be $5.99. For orders $80 – $150, shipping will be $5.99. For orders over $150, shipping is free. For more info, go to https://www.greensmartliving.com/shipping-changes/
Shipping Ban – Effective October 2021
Former President Trump signed the 2021 Appropriations bill into law on December 27, 2020. Included in that 5,000+ page bill was the language that adds “electronic nicotine delivery systems” (or “ENDS”) to shipping regulations enacted by The Jenkins Act and The Prevent All Cigarette Trafficking Act (PACT Act).
The practical effect of the new law is a ban on shipping vapor products through the USPS. Following suit, UPS, FedEx, and DHL have also decided to ban the shipment of vapor products. USPS can still be utilized for shipping in certain situations. Still, for all other situations, GreenSmartLiving has partnered with a third-party shipping company that will assist in delivering vapor products. For more info, head to https://www.greensmartliving.com/shipping-changes/
PMTA
A premarket tobacco application (PMTA) is an application that must be reviewed and approved by the Food and Drug Administration before a new tobacco product can be legally marketed in the United States. While industry regulation is welcomed, the process is costly, and many vape companies will need help to afford the cost of submitting a PMTA. Submitting a PMTA that includes all the aspects required by the FDA will cost companies anywhere from $300,000 up to over $1,000,000, and there is no guarantee that you will get market approval.
For a company like GreenSmartLiving, this isn’t easy to manage. However, we are following through with the PMTA process no matter how much financial strain it puts on our company. We have been in the industry for over a decade and will do everything we can to remain in the market and continue selling you the products you love.
We urge all of you to contact your local members of Congress to voice your opinion about the new regulations. More and more laws are expected to be created, and it is up to us to ensure the availability of reduced-harm alternatives to smoking.
