VAPE Magazine Special Regulatory, September 2016 by Matt Schramel

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GLOBAL NEWS, BUSINESS & CULTURE VAPE Magazine is the only international vaping industry focused magazine with more than 35,000 readership in the United States, Europe and Asia, where vaping professionals find the latest news, products and trends. EDITORIAL Editor in Chief Corey Noles content@vapemz.com 800-958-6427 x2 Social Media Manager Eric Vonheim News Editor Alyssa Stahr Art Director Van Avanzado Graphic Designers Matt Ritzenthaler, Anil Verma Director of Photography Ezra Zuniga Webmaster Axel Gillespie

letter from the editor:

Contributors Norm Bour, John Castle, Jenee Fowler, Nick Green, Pedroh Mederos, Corey Noles, Susan Oser

Dear readers, Welcome back to VAPE Magazine — with a bit of a twist. This special September issue is focused on regulations and advocacy. You won’t find the usual features and departments that can be found in most issues. There is a great piece on the unintentional creation of a vaping black market, that will really get you thinking. We also have a profile piece on Danne Reinke, owner/founder of 3D Vapor, and the transition from auto mechanic to suit and tie guy fighting to save the industry he helped to shape. Regulations aren’t unique to the United States, and neither is this issue. We also have a piece sharing reaction to the portions of the Tobacco Products Directive (TPD) in Europe and another on the recently created Pennsylvania tax. We also added some handy infographics with a timeline for the FDA deeming regulations as well as a full resource for all things advocacy. Whether you’re in the business or simply an average vaper, we hope you will see this issue as a resource to turn back to for months to come. As always, thanks for reading,

Chief Executive Officer Matt Schramel Co-Owner/Vice President Jon Laverde Executive Assistant Erin Aly ADVERTISING Mike Schramel, mike@vapemz.com 800-958-6427 x1 Jon Laverde, jon@vapemz.com 800-958-6427 x4 Jacob Barger, jacob@vapemz.com 949-910-2138 China-based advertisers contact Wingle Group Electronics LTD +852 51759256 dev@winglegroup.com CONTACT Advertising sales@vapemz.com News news@vapemz.com

Corey Noles Editor in Chief

New Products newproducts@vapemz.com

*In our August Issue’s industry person spotlight, featuring Amy Hanks, an error was made in reference to Ms. Hanks’s time spent in substance abuse treatment. It was written that she submitted herself to 18 months of treatment, when in reality, it was only 18 days. Our sincerest apologies to Ms. Hanks.

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table of contents COLUMNS 24 The Upside to Becoming Tobacco

30 FDA Regulation Timeline 38 From Gearhead

57 Vapers Unite to

to Advocate

â&#x20AC;&#x201D;The U.S. Premiere

Save A Billion Lives

24 26 Vaping from the Outside: Who do you believe?

44 The Rush to Market 48 Pennsylvania Tax

Breakdown

Departments 6 Letter From the Editor 12 Ask Grimm Green

26 Features 14 Guide to Vapor Advocacy Organizations

16 The Black Market of Vaping: An Unintended Consequence

52 Michigan Vaper Steps into Politics

16 10

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columns

process for the FDA regulations is incredibly expensive (think millions of dollars) and even the large scale vape companies won’t be able to afford it. After August 8th of this year, there is a federally mandated “freeze” on the industry, meaning to no products can be released. No innovation, no new atomizers or mods. No DNA300 boards and no new liquid lines. What we have now, is what we will potentially have forever — unless we can change the law. So to make a long answer short, yes, you will see a huge difference. Less options, less stock, less reviews, higher prices and no new products whatsoever. Thanks -Grimm

By Nick Green

Grimm, How did you grow your name within the community? What does a typical day look like for Grimm Green? Thanks! Eduardo Torres - San Diego, California

Photo by Metal Jeff

Grimm, How are the deeming regulations going to affect your videos and business? Ralph Bennett - Flagstaff, Arizona Hey Ralph, Absolutely the regulations are going to affect us. They are going to affect everyone. At Namberjuice, we are completely committed to the registration process, and fully intend to have all our products registered before the December deadlines. On top of that, we’ve been working with all our suppliers and plan to also meet the secondary deadlines for full ingredients registrations for all our products. The future is not entirely clear for the industry, but we’re committed to meeting every registration deadline along the way. As far as YouTube goes, weekly reviews of new products will be a thing of the past. The fact of the matter is that since August 8 has passed, there will simply be no more new products to review. At least in the US market. Youtubers will have to adapt to this if they want to continue going. I have lots of vape and non vape related content planned for the future that I think people will be excited about, as well as loads of advocacy related content as well. Thanks -Grimm Hi Grimm, As a vaper, the stress of all this FDA mess is really getting to me. Am I personally going to see any difference or does this only really affect business owners? Thanks for your work as an advocate! Jeff Stalin - Bangor, Maine

Hey Eduardo. Great question actually. I never set out to grow my name, or create a brand. All i’ve ever wanted to do is maybe help some people have a good vaping experience. Of course, now it has become a full time job. A typical day is hard to explain — a typical week might be better. Monday is full on correspondence day, lots of e-mails/comments/social media. Tuesday is a lot of the same in addition to VLOG prep. Gathering lots of links, getting my beer lined up, and making sure all my first impressions are ready to go. Tuesday night is when I shoot the VLOG which takes anywhere from 3-4 hours. Wednesday is VLOG editing day, I’ve gotten pretty fast at it, but it still takes 4-5 hours of editing, in addition to the rendering and uploading time. Thursday is VLOG day, so lots of comments and e-mails. Thursday we also record the Culture Of Clouds podcast, which is a 3-4 hour process from beginning to end. Friday is when I do the live streaming advocacy show with Kevin Skipper at 9 a.m.. I also spend Friday shooting my weekly review videos for the following week, which from beginning to end including the editing process takes probably 12+ hours. I try to take at least one weekend day off. But those days are usually filled with e-mail and other correspondence. I start work every day at 8 a.m. and don’t stop usually until after midnight. If i’m awake, I’m working. I try to fit in correspondence time as often as I can. Also day-to-day Namberjuice operations and decisions/meetings are sprinkled in there as well throughout my days. Needless to say, I keep myself pretty busy these days. Thanks -Grimm

Hey Jeff. Over the next 24 months what you will see happen is lots of vendors, shops and manufacturers closing down. The PMTA

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VAPOR ADVOCACY ORGANIZATIONS American Vaping Association (AVA) http://vaping.org 736 Washington St. Hoboken, NJ 07030 Tel: (609) 947â&#x20AC;&#x201C;8059 Email: board@vaping.info

Consumer Advocates for Smoke-Free Alternatives Association (CASAA) http://casaa.org 4225 Fleur Drive #189 Des Moines, IA 50321 Tel: (202) 241-9117

Smoke-Free Alternatives Trade Association (SFATA) http://sfata.org 1155 F Street NW Ste. 1050 Washington, DC 20004 Tel.: (202) 251-1661 E-mail: info@sfata.org

Not Blowing Smoke

http://notblowingsmoke.org E-mail: info@notblowingsmoke.org

American E-Liquid Manufacturing Standards Association (AEMSA) http://aemsa.org Tel.: (877) 682-3672 E-mail: info@aemsa.org

Right 2 Be Smoke-Free http://r2bsmokefree.org 14

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Features

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BLACK

Features

THE

MARKET OF VAPING An Unintended Consequence? By Norm Bour He’s called the $5 Man and he is not an urban legend, but is very real. Those in the tobacco industry have heard of him and are fearful since he steals money. Their money. State politicians don’t like him either since he takes money from their coffers, too.

rates in the city dropped by 11 percent, an unprecedented decline. Most of those that quit confessed that it was due to the financial burden of the added taxes, which pushed retail prices of cigarettes to over $8.00 per pack.

Excessive Taxation Creates Illegal Responses

That victory was short lived.

In 2002 New York state and New York City pulled a double whammy on cigarette smokers. The state increased cigarette prices from $1.11 to $1.50 per pack. The city also increased their local excise tax from $.08 per pack to $1.50. NYC Department of Health and Mental Hygiene’s Community Health Survey reported that smoking

Within months of the new taxes taking effect a huge flood of illegal cigarettes started hitting the streets. These cigarettes came from various sources, but 29 percent, the majority, were bought outside New York City, but within the state. That was followed by out of state sales at 22 percent and 18 percent through the internet.

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The Centers for Disease Control and Prevention and the American Legacy Foundation reported these findings and found the culprit. They were usually illegal bootleggers that were selling name brands for $5.00 per pack. Thus began the black market and the beginning of an illegal cigarette industry. It was estimated that as much as 90 percent of cigarette sales in 2003 were illegal sales and therefor, not taxed or collected by the state or city of New York.

Our Early Vaping Roots The vision of selling “from the truck of your car” is not limited to cigarettes and many that got into the vaping game early did the same thing. They were not circumventing taxes or the law, but were trying to create a business that had no structure and no foundation. In 2013 when estimated 1,500 years later that to 9,000 shops.

I started VapeMentors there were an vape shops in the United States. Three number exponentially increased six-fold No one really knows for sure since the

opening and closure rate is so high and because there are many definitions of “vape shops.”

Many of todays’ top companies started with an aggressive “Vapreneur” buying products from overseas- usually China- and pawning them off to friends and associates that were curious about this new vaping thing. Many of those products were so inferior that they were motivated to create or find better ones. This was the foundation of one of the largest vaping companies in the nation, Madvapes.

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Others went on to open shops, online stores or other vape related businesses. But they started somewhere.

Prohibition does not work It is said that “those that do not study the past are doomed to repeat it.” Almost a century ago Congress passed the 18th amendment which banned the sale of alcoholic beverages with an alcohol content of greater than 2.75 percent. We know how well that worked.

During the 13 years of Prohibition, which finally ended in 1933, the United States went through challenging times. Among the ripples that were created was the Great Depression, disrespect for the law that many thought was unfair, and organized crime. At a recent vape show in Chicago a panel of advocates and experts were asked about the potential

of black markets in the vaping industry. They all agreed it was a real possibility and a likely outcome. Why is that? Many vapers are radical and do not like regulation. But even so, the biggest driver to black markets would be the eventual elimination of 80-97 percent of all vaping products on the market. With a PMTA price tag that could run “more than one million dollars,” there will be few winners in the “millionaire lottery” as American Vaping Association president Gregory Conley calls it.

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This unintended consequence of heavy handed FDA regulations could be the formation and growth of this new illegal market. That could have worse outcomes than anything that the government instigates. The E-Cigarette Forum (ECF) surveyed 10,000 of its users in 2014 and found 79 percent would turn to the black market due to product bans. Mitch Zeller, director of the FDA’s Center for Tobacco Products, was asked about this potential issue and he responded with this comment:

“We have a very effective office of compliance and enforcement that

will be monitoring and conducting surveillance to detect any kind of illegal activity in the marketplace. I have no idea what the likelihood is for a black market, but if that happens we’ll find it and those products, if they haven’t received marketing authorization from FDA, would be in violation of the law.” What are your thoughts? Do you see a potential black market? Norm Bour is the founder of VapeMentors and creator of the VAPE U online programs. They offer services & resources for anyone in the vape space, including vape shops, online stores and e-liquid brands. He’s also the host of Vape Radio, the largest vaping radio show in the world with more than 1.3 M downloads. Norm interviews the masters of vape and thought leaders in the vape space. Contact him at norm@ VapeMentors.com.

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columns

DEPARTMENTS

Looking at the bright side of being a tobacco product By COREY NOLES

It’s 2016 and the vapor industry is synonymous with tobacco. For some added perspective, nearly every single pharmaceutical company brings in more annual revenue than the entire $4 billion vapor industry.

Bummer. But not entirely. Since the FDA officially deemed vapor to be tobacco, there has been a lot of talk about how vapor is not tobacco. While for the most part I agree, the fact of the matter is that in most instances nicotine is derived from tobacco. I’m not here to split hairs about that today. This month we’re discussing the benefits to being part of the tobacco industry. First and most importantly, we have not been deemed a pharmaceutical product — like nicotine replacement therapies. For anyone upset about not being able to discuss the potential benefits of switching to vapor, it’s a double-edged sword. If you think being deemed tobacco will end this industry, being deemed a pharmaceutical product would decimate it entirely. Immediately. Pharmaceutical products go through years of testing that costs millions — many millions — to complete.

Tobacco = bad. Pharmaceutical = worse. Another benefit to the tobacco industry is that our insurance risk will change. While the cost to ensure a store or manufacturer is unlikely to decrease, there is a distinct possibility that more companies will begin writing policies. Because vapor products never officially fit into a category, most insurance companies struggled to be able to assign risk. Having that category should create more competition in the market. Whether that results in better pricing will remain to be seen, but competition has been in need for some time. For that same reason, I think we will see banks become more willing to loan money to small to medium sized stores and manufacturers. Currently, getting a loan in the vapor industry is quite difficult unless your annual revenue is well into seven-plus figures.

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DEPARTMENTS COLUMNS

Another angle has to do with label restrictions. The tobacco industry has dealt with packaging restrictions for years. It put an end to Joe Camel and the Marlboro Man. And it will put an end to cartoon characters on e-liquid bottles — the people who at least to an extent created this mess. Our industry did a poor job of policing such brands ourselves, and now here we are. Last but not least, did I mention that vapor has not been classified as a pharmaceutical product?

Moving forward, let’s all take a deep breath and take a realistic look at the future. There will be dramatic changes to the landscape, but as time passes we will get a more clear picture of what is to come.

Corey Noles is the managing editor of VAPE Magazine. He has worked as a journalist for more than a decade and is the founder, owner of Inked Up E-Liquid Co., Busted Knuckle Vapor Fluids and T [E-Liquid].

That’s huge. HUGE. VAPEMZ.COM

25 2

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Vaping from the Outside

Who

you believe?

By Susan Oser

I recently just got news about the death of my cousinâ&#x20AC;&#x2122;s father-in-law who died of complications related to COPD. My aunt has a niece on her maternal side of the family who recently got diagnosed with Stage-4 Lung Cancer. A neighbor that lives below her is just starting her lung cancer fight. These are people, who if educated by the community, probably could have been saved and lived longer if they knew all the good things about e-cigarettes. Perhaps they probably heard, but got the wrong information. Maybe their doctors told them not to start vaping and that it was harmful. Maybe they didnâ&#x20AC;&#x2122;t get any information at all. Whatever the case, I almost feel like weâ&#x20AC;&#x2122;ve failed these people and countless others who are, have been, or will have a smoking-related disease, diagnosis, death.

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These are the stories that should mean more to us than any vape drama, polarization between factions, being vape famous, self-proclaiming yourself as the vape savior, etc. These are the stories that to me are at the heart of what it means to be an advocate for vaping and why we are in this business. This is why I personally don’t want vaping to die. Even my boyfriend who has been vaping for almost 2 years and my cousin who just started a few months ago share my personal stories and connections. I feel like from what I’ve done, I’ve made a difference in the world and a difference in someone’s life. We don’t have enough of these stories being told publicly. But why should you take my word for it? I don’t own a juice company. I’m not a mod maker. I’m just an ordinary va-

per with a vape show writing about vaping things. Granted, I have tried creating vaping accessories with which others have been successful, and I’ve failed. I’ve even tried selling vaping things for charity, with all the advertisement in the world, and no one has bought a thing. Even vaping gear I’ve made ESPECIALLY for charity events have only brought low bids. And yet, because I’m not this “big name” in the community, the whole of the community feels like they should not give a damn about what I do and what I say because I’m not part of the “vaping establishment”. Let’s face it. As much as we bitch about the greater establish, we have one within our own community. We just don’t see it because we are so blinded by the big names and the

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Because I am that outsider. Your customer at your shop is an outsider. The average viewer of my vape show is an outsider. It’s why the greater public doesn’t know as much about vaping as they should, and we’ve failed at connecting with them. Yet, if there’s someone like a VaperJoe’s, a GrimmGreen, Phil Busardo, and other big names and companies saying the SAME THING, they’re believed more than someone like me who’s been saying it for so long until I’ve been blue in the face. Sadly, we’ve become a celebrity culture in which unless you’re that next Internet sensation, no one is going to believe and listen to what you have to say. Voices like mine are being drowned out by the vaping popularity contest, drama and bullshit that’s embedded itself within the industry due to lack of foresight and plain ‘ol human nature at its worst. This includes the cliques that I encounter, the big events that are more about show and money than people, the giveaway shows where you’re popular just because everything is free, and on it goes. It’s frankly why a lot of people within the industry, especially the veteran vapers and the advocates are bitter at this moment. The focus was lost and we got attracted to the celebrity shiny really quick. Now, just imagine if I did have a juice line. Imagine if I made and sold millions of dollars worth of a product or idea that the vaping community could use and still continued to write. Imagine if I was connected to the biggest people in the industry and was on their shows all the time (which would not be a bad thing in and of itself). Would you still feel I had that hidden agenda? Would you still feel that I sold out to the community? Would you think I was getting too big for myself? shiny things. Most of us are too much above it or in the thick of it working for companies and having connections with the “right” people to go far in this industry. However, with the bans and rules coming into place, do those messages still mean anything to you anymore? Now, let me be clear, I’m not whining saying I want to be famous or popular. I’ve been there done that. In fact, it’s a kind of strange dichotomy. Because even though people notice you, they notice you mostly for the wrong reasons and want to take advantage of your good graces and sometimes screw you over with a smile on their face. Sometimes it happens without you knowing it until it’s recorded on hidden camera, discussed on online vape shows and videos, and plastered all over the vaping section of the Internet. What I am saying is that there are more voices out there than the “vape famous” who are saying what the big guys are saying and always have. People like me, the average vaper and the average observer tend to see things others don’t. It’s why my column has its name. Because I am that outsider. Your customer at your shop is an outsider. The average viewer of my vape show is an outsider. It’s why the greater public doesn’t know as much about vaping as they should, and we’ve failed at connecting with them.

I hate to tell you, but just like anything else, fame is fleeting. Eventually, those numbers will go down and your popularity will become just another YouTuber story of the past. Your part in all of this will be ignored just as much as mine, but only because you’re no longer the flavor of the month. Voices like mine might just last a bit longer because I refused to fall into the trap and stuck to my own rules, not the rules that are dictated to me or rules that I “should” follow if I want to “make it.” Having said that, don’t you think that now with everything that has happened in terms of the FDA regulations, a voice with no juice line or mod equipment label on back is NOW worth listening to just a bit more? I surely think so. Who are you listening to now that so many things have and will change in the vaping industry? Are you willing to give the “little-guy-in-vaping” a chance? Contact Susan at angelwritercreations@gmail.com. Find her on Facebook, Twitter and at her personal website http:// www.angelwritercreations.com. If you like this rant and want to hear more, Susan hosts VapeTVLive on Thursday nights at 11pm – midnight EST.

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Features

FDA Regulations TIMELINE August 8, 2016 PRODUCTS No new products (or changes to existing products) can be introduced to the market until the FDA authorizes such sales through a “marketing order” based on successfully completing either the SE or PMTA pathways.

DEEMED PRODUCTS All “covered tobacco products”.

APPLIES TO Retailers, Manufacturers, Importers, Distributors.

NOTES None.

PRODUCTS You can only sell to customers age 18 or older and you need to check a photo ID of everyone under age 27.

DEEMED PRODUCTS All “covered tobacco products”.

APPLIES TO Retailers.

NOTES None.

PRODUCTS You are no longer allowed to give away free samples.

DEEMED PRODUCTS

APPLIES TO

All products.

Retailers, manufacturers, importers, and distributors.

NOTES None.

PRODUCTS You are no longer allowed to sell products in a vending machine.

DEEMED PRODUCTS All “covered tobacco products”.

APPLIES TO Retailers.

NOTES Unless the vending machine is in a facility where those under the age of 18 are not present or permitted.

PRODUCTS You must prevent “product adulteration” by operating your facility in a sanitary manner to avoid contamination (of manufactured or shopped products) that could pose a risk to public health beyond the risk of the product itself.

DEEMED PRODUCTS All products.

APPLIES TO Manufacturers.

NOTES None.

PRODUCTS You must avoid any and all misbranding of products as the FDA will start enforcement on false or misleading labeling and advertising. This includes “modified risk claims” (see notes).

DEEMED PRODUCTS All products.

APPLIES TO Retailers, Manufacturers, Importers, Distributors.

NOTES You are not allowed to make any claims through advertising or other public statements, to consumers and customers, that your product may be less risky, less harmful, have fewer or no additives, when compared to other tobacco products.

PRODUCTS You must register your business if you prepare, manufacture, compound, repackage, relabel or process tobacco products.

DEEMED PRODUCTS All “covered tobacco products”.

APPLIES TO Finished Tobacco Products of all “establishments” (i.e. domestic facilities) that prepare, manufacture, compound, relabel, repackage, or process tobacco product.

NOTES This is an annual registration that is required and foreign establishments shall be required to register through additional regulation that will be presented in the future. At some point in the future the FDA will issue revised guidance to provide clarity to the scope and timing of requirements for registration and listing for newly deemed products.

PRODUCTS You must list your products, in detail.

DEEMED PRODUCTS All “covered tobacco products”.

APPLIES TO Finished Tobacco Products of all “establishments” (i.e. domestic facilities) that prepare, manufacture, compound, relabel, repackage, or process tobacco product.

NOTES When first registering your business you must list all your “covered tobacco products) including any and all labeling and associated advertising. These product listings need to be updated every June and December, at which point you will have the opportunity to remove discontinued products or add new products to the list. At some point in the future the FDA will issue revised guidance to provide clarity to the scope and timing of requirements for registration and listing for newly deemed products.

December 31, 2016

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Features February 8, 2017

PRODUCTS If you are a large-scale manufacturer, you must submit your ingredients, by quantity, brand, and sub-brand. PRODUCTS If you are a large-scale manufacturer, you must submit your Tobacco Health Documents (developed after June 22, 2009) relating to “health, toxicological, behavioral, or physiologic effects” of products, constituents (including smoke constituents), ingredients, components and additives.

DEEMED PRODUCTS All “covered tobacco products”.

APPLIES TO Large-Scale manufacturers.

DEEMED PRODUCTS All “covered tobacco products”.

APPLIES TO Finished Tobacco Products of Large-Scale manufacturers. Importers.

PRODUCTS Your Substantial Equivalence Exemption Requests are due.

DEEMED PRODUCTS New, newly deemed finished tobacco products that were on the market as of August 8th 2016.

APPLIES TO Manufacturers, Importers.

PRODUCTS If you are a small-scale manufacturer, you must submit your ingredients, by quantity, brand, and sub-brand.

DEEMED PRODUCTS All “covered tobacco products”.

APPLIES TO Small-Scale manufacturers.

PRODUCTS If you are a small-scale manufacturer, you must submit your Tobacco Health Documents (developed after June 22, 2009) relating to “health, toxicological, behavioral, or physiologic effects” of products, constituents (including smoke constituents), ingredients, components and additives. PRODUCTS You are not allowed to use “modified risk” language on your labels.

DEEMED PRODUCTS All “covered tobacco products”.

APPLIES TO Finished Tobacco Products of Small-Scale manufacturers. Importers.

NOTES None.

DEEMED PRODUCTS All “covered tobacco products”.

APPLIES TO Retailers, Manufacturers, Importers, Distributors.

NOTES Your product(s) are not allowed to use terms like “light”, “mild”, or “low” or similar reduced risk descriptors on your labels. If you’re a manufacturer, you must quit with the production of all products if the packaging contains any reduced risk claim. You can continue to distribute those products for an additional 30 days until September 7th, 2017. If you are a retailer you can continue to sell those products until your stock is gone.

DEEMED PRODUCTS New, newly deemed finished tobacco products that were on the market as of August 8th 2016.

APPLIES TO Manufacturers, Importers.

NOTES Your applications for substantial equivalency authorization (products that were on the market as of August 8th, 2016) must be filed. This will allow your product(s) to remain on the market until, at least, February 8th, 2019. There may be additional time granted to small-scale manufacturers but those will be handled by the FDA on a case-by-case basis. However, considering that there is no predicate product from before February 2007 that will be substantially equivalent to yours, you will be unlikely to use the application.

August 8, 2017

February 8, 2018 PRODUCTS Your Substantial Equivalency (SE) Applications are due.

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NOTES For products introduced after the effective date, ingredient listings need to be provided 90 days before marketing of such products. NOTES None.

NOTES This covers all requests for exemption from the Substantial Equivalency (SE) pathway for any additive in products or minor modifications to existing ones, as of August 8th 2016. If you file it will allow your product(s) to remain on the market until, at least, August 8th 2018. However, considering that there is no predicate product from before February 2007 that will be substantially equivalent to yours, you will be unlikely to use the application for exemption. NOTES For products introduced after the effective date, ingredient listings need to be provided 90 days before marketing of such products.

May 10, 2018 PRODUCTS You have to comply with labeling and advertising requirements.

DEEMED PRODUCTS All “covered tobacco products”.

APPLIES TO Retailers, Manufacturers, Importers, Distributors. Cigarette tobacco, roll-your-own tobacco, and covered tobacco products (other than cigars and those covered tobacco products that do not contain nicotine).

NOTES All covered vapor products must have “WARNING: This product contains nicotine. Nicotine is an addictive chemical.” on all their labels, packaging, and advertising. Warnings on your packaging must cover 30% of each of the two main display panels but there will be alternate means to comply for small(er) packages. Warnings on advertisements (print, web, e-mail, social media, video, etc.) must cover 20% of the top. If you manufacture a non-nicotine product, you may certify to the FDA that your product(s) contain no nicotine. Be prepared to have the data to prove that. In this case the wording required is “This product is made from tobacco”, using the same format and size as the above mentioned nicotine warning. Products that were manufactured before May 10th, 2018, and that do not carry these statements may still be distributed until June 9th, 2018. All your labels must contain: • • • •

Name and location of manufacturer, packer or distributor. Net quantity of contents by weight, measure or count. Percentage of tobacco used in the product that is domestic, percentage foreign. “Sale only allowed in the United States” which must also appear on packaging and shipping cartons.

Retailers can not offer for sale, sell, distribute, or import products with non-compliant packages beginning May 10, 2018 unless the retailer falls within the safe harbor. Manufacturers can not manufacture products with non-compliant packages beginning May 10, 2018 and cannot distribute such products beginning June 11, 2018, irrespective of the date of manufacture. Manufacturers, importers, distributors, and retailers who direct their own advertising: Advertisements must bear the alternative warning beginning May 10, 2018.

August 8, 2018 PRODUCTS Your Premarket Tobacco Applications (PMTA) are due for all products that were on the market as of August 8th, 2016.

DEEMED PRODUCTS New, newly deemed finished tobacco products that were on the market as of August 8th 2016.

APPLIES TO Manufacturers.

NOTES If you file your product(s) are allowed to remain on the market until, at least, August 8th 2019.

DEEMED PRODUCTS All “covered tobacco products”.

APPLIES TO Manufacturers and Finished Tobacco Products.

NOTES You have to provide reports on the required testing of Harmful and Potentially Harmful Constituents (HPHCs). Regulation guidance will be provided by the FDA at a later time. Note that this may also be requires as part of the SE review if you decide to attempt that pathway and as such this requirement may be implemented at an earlier date. For products introduced onto the market after August 8th 2019, all HPHC’s must be reported no later than 90 days before the product is introduced.

August 8, 2019 PRODUCTS You have to report Harmful and Potentially Harmful Constituents (HPHC).

Source: http://fdaregs.info/fda-deeming-regulations/timeline/#1464559900469-44c545a8-e111

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DEPARTMENTS Features

TPD Regulations Continue to Rock EU Vapor Market

By Ian Jones

The summer of 2016 has been a rollercoaster few weeks for vapers in the UK and Europe. Despite fierce opposition, the Tobacco Products Directive (TPD) began to be implemented in May, forcing vendors across Europe to adhere to numerous restrictions on the sale of vape gear and e-juice. Then in June, the British public voted to leave the EU, leading some observers to wonder if this could exclude the UK from these regulations. We spoke to various vape businesses in the UK and Europe, both big and small, to find out how it has affected them so far, and how they see the future of the vaping industry. tions include e-liquid to be sold in bottles no larger than 10ml, a maximum of 20mg/ml of nicotine, a ban on advertising and a ban on the sale of variable wattage/variable voltage devices.

What Is TPD? The TPD is a series of rules that place restrictions on the manufacture and sale of of tobacco and related products. In 2014 e-cigarettes were added to the list of products covered, under Article 20. This means all countries in the European Union (EU) have to regulate vape-related products in the same way as tobacco, similar to the deeming laws in America. Each EU member state can place further restrictions, but they all have to comply with the central rules of Article 20. Some of the restric-

Although Article 20 began to be implemented in May 2016, some countries adopted the â&#x20AC;&#x2DC;grandfather clauseâ&#x20AC;&#x2122; which means the regulations are phased in, to help vape businesses transition smoothly. The UK implementation has allowed for two grandfather dates. One allowing current products to be made up to Nov 2016, and the other allowing them to be sold through to May 2017.

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What Impact Has TPD Had? Chefs Vapours are one of the biggest e-liquid and concentrates stockists in Europe, and were forced to make drastic changes in the wake of these regulations. “We decided to split our company in two to protect us from losing our business,” says Rhiannon, a spokesperson for Chefs Vapours. “We now have a food flavourings website which sells everything that does not contain nicotine, and a vaping website which sells everything that does contain nicotine.” The new flavourings website means this branch of their business will be safe by the time the laws are fully enforced. However, the ban on advertising has had an unexpected effect. “We have also had to stop advertising any vape related products but this has not affected business for us. We are improving in sales month to month.” Tristan runs UK-based vape business Spiritus Vapes, and while he believes the grandfather dates were helpful, he has concerns for the future. “We’re a reseller of US products and realistically, most of them are going to exit the EU market rather than go through TPD registration.” Echoing the worries of many people in the vape industry, he says “As it stands we’re ok but May 21st 2017 will see almost every product we have on our site disappear overnight.” Hing Wong runs the Cigtronica vape shop in Manchester, England. “In practical terms we will be reducing the number of items we will be selling, mainly the less popular flavour and strength combinations.” Despite this, he is less concerned about the other regulations relating to marketing, packaging and age restrictions. “There is little or no change as we have already adopted a responsible approach in these areas.” Paul Willemsen is the CEO of Hisvape, a well-respected vape business based in Germany. He points out that while most vape businesses could survive the TPD legislation, the real danger comes from the ability of individual countries to impose further rules and regulations. “First they initiate the TPD, which most vapers could live with. But TPD leaves freedom for national governments to install even stricter regulations. Now there are countries which forbid online sales like Austria. There are plans to forbid most of the aromas, other than tobacco. Also there are big taxes raised in several countries, like for example in Slovenia, who are adding 4 EUR per 10ml.” An opposing view comes from an unexpected source. Hon Lik, commonly regarded as the inventor of the modern ecigarette, said in a recent interview that he believes vaping regulations will have a positive impact as they will increase public confidence in vaping and improve the quality of vape gear. However, it should be noted that Hon currently works for the Blu cigalike brand, which, due to their design, will be one of the least-affected by these regulations. Even so, Hon admits that these regulations may place restrictions on innovation in the vaping world.

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What About Brexit? In June 2016, the British public voted in a referendum and made the shock decision to leave the EU. Some vapers see this as a way to block the TPD regulations. “This may change things as far as TPD is concerned, as we may not have to take on the same laws as the EU,” say Chefs Vapours, but they admit with everything happening so quickly there are no firm facts about what could actually happen. Realistically, it doesn’t look promising. As it stands, Britain is still part of the EU and will be for at least two years, while exit negotiations are ongoing. The new vaping regulations will be implemented long before the UK leaves the EU, and while the laws can be changed afterwards, by that time the new rules will be in full effect.

Tristan agrees. “With public pressure and science on our side we’ll see things change, but the damage is already done. The onerous testing and reporting is here and will likely stay in one shape or another. The days of it being a cottage industry are gone.” Paul Willemsen also believes that leaving Europe would not help, other than a protest vote. “Leaving the EU will not help our business in any way. The only way to show this group of corrupt politicians in Brussels that we are no longer interested in how they deal with us, is to leave the EU. But it would be a big fall back.”

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How Does TPD Compare to the FDA Deeming Regulations? While things look gloomy for European vapers, they measure up well next to the stringent restrictions placed on American vapers. Spiritus Vapes CEO Tristan describes the FDA deeming rules as ‘mind-boggling’ in comparison. “With TPD, we’ve ended up with something that’s at least workable. Looking at the deeming regs I just don’t see how any company could possibly hope to make it through to the other side.” Paul Willemsen sees the FDA’s deeming regulations as a sign of things to come. “It will not take long for the EU to take the same steps.” He points out that America and Germany are two of the major backers of the pharmaceutical industry, suggesting that their financial investment in tobacco-based products is behind the government crackdown on vaping.

It is clear that 2017 will see the European vaping industry undergo dramatic upheaval. Small businesses will be unable to afford the increased costs, and while delayed implementation has helped in the short-term it looks likely that only the biggest companies will survive the upcoming upheaval. Even so, the TPD regulations are mild compared to the draconian restrictions being passed in America. “The deeming regulations are definitely worse,” says Hing Wong. “The federal agencies have taken a purist, almost ideological rather than pragmatic, approach to the issue.”

However, it is unlikely that vapers will take this lying down. After trying a sub-ohm vape, who would want to revert back to a cigalike? In all likelihood, the DIY scene will experience a boom as flavouring concentrates are largely unaffected, and seasoned vapers will take to illegally-importing their vape equipment from a country with fewer restrictions, such as China. It seems inevitable that the vaping regulations will lead to an increase in vaping goods on the black market, with much less quality control than we have now. This will put consumers at a much greater risk, clearly defeating the point of these regulations.

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Features

FROM TO By Corey Noles

They never could have fathomed what it would become. Just a few short years ago when Danne and Heather Reinke started 3D Vapor in East Alton, Illinois, they had dreams of owning their own business and being able to help people quit smoking. In not much more than a year, 3D Vapor had become one of the hottest names in the industry. Fast forward three years, and the battlefront looks very different. Instead of facing up against other manufacturers and other distribution companies, Reinke finds himself fighting against a set of overreaching regulations and a public image war that threatens to squash the industry that he helped shape. These days, he’s wearing a suit more often instead of his trademark Dickies shorts red 3D polo. Visits to legislators, conference calls with advocacy organizations and hands-on involvement with regional advocates are taking up a larger portion of his time. It’s not taking him away from the business he and his wife built — it’s ensuring it stays alive in a burdensome regulatory landscape.

Where it all started Danne, an ASE Journeyman Mechanic, first discovered vaping in November 2012. After finding success at kicking his cigarette habit, he quickly graduated from various starter rigs, he picked up an Empire mod and a Noble box mod at Vape Bash in Chicago.

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GEARHEAD ADVOCATE While he and Heather were at Vape Bash, he purchased 50 CE4 clearomizers with 900mah passthrough batteries. When they returned home, he posted them on a Facebook group and they sold the next day. The following day he purchased 100 starter kits and 100 CE4s, and again, sold out almost immediately. The next Monday he ordered 500 with an assortment of MVPs, Egos, mechanical mods, RDAs and some variable voltage mods. “We even did delivery for awhile,” he said, sitting in the breakroom of the company’s Wood River, Ill., warehouse. “But that’s when we knew it was time to open the store.” Reinke found a location just a block from where he worked as a mechanic for the previous 10 years. While he got the shop ready for opening day in the evenings, he was literally bombarded with people coming to check out the new store and make the switch from smoking to vaping. “I even took everything home at night because we didn’t have an alarm yet,” he said, noting that they already had more than 200 customers before they opened the doors. On opening day, Danne went to the bank and drew $220 of the $250 they had to their name to be able to make change for the day. When he pulled up to the store there was no way to prepare for what he saw. They sold the store completely out of product the first week.

“The line that morning was long,” he said, adding that there were so many people crammed into the 1,400 sq. ft. store front that the door glass was accidentally broken out. For months, an employee opened the store every day, while Danne came in at lunch. That went on for six months until it just wasn’t possible anymore. By June 1, 2013, 3D had launched a second store.

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Danne with US Congressman Mike Bost

The shift to distribution In November 2013, Danne and Heather visited ECC in California for the first time — and in 2014 they were there doing business. With only a 10x10 booth crammed tight full of everything they carried, 3D made an impact with six-figure sales numbers they never anticipated.

Earlier that year, like many others, they learned the hard way about the Chinese New Year and what that means for imported product. Seeing that as an opportunity, he began stocking up on items and reaching out to area stores encouraging them to buy from him and avoid the hassles of importing. 40

In the process he started carrying a handful of e-liquids: Space Jam, Alpha, the Standard. Right as it began to take off, he noticed a juice floating around a high-end mod group on Facebook that people were going crazy about. An admin of the group had been including the juice, which he manufactured, with every purchase he shipped out — to the point that people began clamoring for the juice. It’s name? Boosted.

“He said he was going to change my life” Cory Vigil, owner and founder of Boosted, said recently that the first time Danne called him he told Cory he was going to change his life — Cory hung up on him.

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“We talked back and they had asked for samples of my two flavors — Boosted and Anti-Lag,” Vigil said. “I shipped it out five times before I got it correct. I even charged them for samples.”

to his name and Danne said even the 500 bottles weren’t going to cut it. To help Vigil get the job done, Reinke paid for half the order up front.

The two had never met, but Vigil said Reinke had to have been pretty annoyed with him by the time he received the shipment.

“I was so scared to ship the order and my wife was studying for the BAR exam,” Vigil recalled. “I asked if I could take her car and drive the order to him [from Colorado].”

Within a few days, 3D placed an order. Vigil scrambled to get it filled. In a few days, Reinke called again and order 500 bottles. Without quality boxes or experience producing such large amounts, Vigil managed to slam it out and get it shipped. “Then I got the call,” Vigil said. Dan called me to say UPS held the shipment due to damage. My heart sank.”

Immediately after it was bottled, Vigil loaded in the car and drove 14 hours straight.

Some of the boxes were trashed, others were returned.

“I was so tired I didn’t even want to be paid,” he said. “When I got back, 50 people were there waiting to meet me...I didn’t even make it out of the state before Dan called to reorder.”

By that time, Vigil had invested every penny he had

And it exploded from there. What formed were a

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pair of multi-million dollar companies and a lifelong friendship.

“These people are my family,” Vigil said. “If someday all of this ends, we’ll still be together.”

Ready for war That this might end was something that worried the Reinke’s immensely in May when the FDA Deeming Regulations were announced. He felt the industry was doomed — for a brief time. Now, he — along with countless others in this industry — is ready for battle.

“We’ve prided ourselves on customer service for years, and that’s not something we plan to just stop,” Heather said. “We’re going to do what we have to do to protect that.”

Danne Reinke said he feels the regulations are crushing our first amendment rights to tell customers of how vapor changed our lives. “I think people are finally starting to get scared,” he said. “That’s what we need to see. That’s what gets them to make a call and get active.”

And he intends to see this industry win. As for 3D Vapor, the Reinke’s plan to register as a manufacturer.

Corey Noles is the Editor

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Features

THE RUSH TO MARKET:

New Product Launch By Norm Bour If there was such a thing as a horse race in the vaping world, this was it. With an August 8 deadline looming, we saw a flurry of new products rushing to market. Some of them went “on sale” with days to spare and some just under the wire. No doubt there were some that missed the mark, which we may never know about. The good news is that they were not really racing against each other; they were racing against the recently announced FDA deeming regulations timelines. This “first milestone” stipulated that any products needed to be on the market no later than August 8, 2016 to avoid expensive PMTA approval for now. The definition of “on the market” was unclear, but for the most part these last minute launches had a web site and the ability to take orders. We don’t really know how many there were, but there have been conversations and rumors that they numbered in the hundreds. And the one thing we really needed was innovation, not just more of the same. We found it in two pieces of hardware. Both different, both innovative.

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Form and Function Combined XOLO (pronounced Zolo) is the brainchild of Taman Powell, Ph.D. Like many, he found vaping a better alternative that cigarettes, but was frustrated with the complexity and inconveniences of modern vaping products. An Australian and a London resident, he compared them to “a screwdriver from Dr. Who,” to reference the classic sci-fi TV show. He wanted something small, discreet and with the ability to change liquids easily and without a mess. With individually sold flavor pods, the XOLO is designed to look good and to vape the same. It looks like a piece of jewelry, which many manufacturers try for, but few hit. It also comes in multiple color choices. The XOLO also has another founder involved that many know: Oliver Kershaw, head of ECF Forum, the largest vaping community in the world. The brief story was that two years ago he was working on his own mod design and was introduced to Powell. Rather than work solo (pun) they combined teams and forces and two years later launched a collaborative effort. “We thought we had a bit more time to bring this to market,” Kershaw confided, “but the new regs timetable was shorter than planned. We had to compress a four-month timetable in half that period.” Kershaw, a longtime vaper, was focused on performance, whereas Powell, a business school professor of strategy and innovation, was concerned about design. They came up with the right combination.

“What we wanted was a product that was super convenience, super attractive and delivered that great vaping experience to smokers,” said Kershaw. “Add in the flavor within a closed-tank system that delivers measured dosage and have something that hopefully even a nonvaper would appreciate.” When asked about their launch plan they had just one mission: get it out in the US before they took it anywhere else. “If it does well there, other places will follow.” The product will sell for $65 and the flavor pods will be $12. For information: www.xolovape.com We were looking for discreet devices, and they have one.

The Ultimate in Stealth Vaping Two significant camps of vaping are the Cloud Chaser that want maximum cloud volume and those that want to vape in peace where they want, when they want, and without disapproving glances from the public. The Lattitude product may allow you to vape where you want, when you want- and no one will know. Using a unique filtration system, the small palm sized mod allows you to vape your liquid of choice and exhale back into the device. The vapor is totally contained and is odorless. The ultimate in discretion. This product has been in development since 2014 and is the brainchild of Yuval Shenkal, an Israeli inventor and engineer from San Diego. He and several associates took

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the inkling of an idea and after 24 months finally brought it to market. “Imagine sitting in a theater or ballet or anywhere that vaping is not allowed. You could enjoy your pleasure with no one even knowing,” says Lee Mills, CMO. They feel this product will appeal to the soccer Moms smoke behind closed doors and don’t want to put out vapor clouds, as well as thought that might enjoy thumbing their

when it came to manufacturing, regulatory experience and distribution. That challenge was overcome by going to one of the largest manufacturers of devices in the US: JSPR Technologies. The Walnut, California based powerhouse is the parent company of Council of Vapor, the manufacturer of many products they design and sell for others They also are one of the largest liquid manufacturers in the nation with almost 50,000 square feet under one roof. The two companies worked on the initial design and came up with the final product of this innovative model.

Keith Nash,VP of Marketing for JSPR said, “This was a project that was very exciting to us when we first met. We have made many different devices but we knew that this could be a real game changer. We are just as excited to be chosen as one of the authorized distributors of this great product.” Retail price was undetermined at price time, but was expected to be in the $89 range. Like the XOLO, this project is a combination of different companies with like-minded people and complementary skills. The vape space is ripe for such collaborations and we will see more in the future. With PMTA costs so expensive most companies cannot cover it without help. Noted industry Bonnie Herzog, Managing Director, Beverage, Tobacco & Convenience Store Research with Wells Fargo Securities, has been saying for years that this industry will only grow with innovation. If we look at the less than 10-year history of mechanical devices and cigalikes, we have come a long way. How much further we go will be wonderful to watch. Aside from these two hardware designs there may have been numerous liquids that got in under the wire. Do you know of any unique and innovative products that are new on the market? Please let us know and we will profile it. nose at heavy handed rules and restrictions. The consortium of specialists in different areas had all the entrepreneurial skills to take this to market and started a crowdfunding campaign, which got squashed before it began. The XOLO project faced the same pattern and both projects were able to raise capital and fund it themselves. But the Latitude team did not have vaping connections

Norm Bour is the founder of VapeMentors and creator of the VAPE U online programs. They offer services & resources for anyone in the vape space, including vape shops, online stores and e-liquid brands. He’s also the host of Vape Radio, the largest vaping radio show in the world with more than 1.3 M downloads. Norm interviews the masters of vape and thought leaders in the vape space. Contact him at norm@ VapeMentors.com.

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Features

e t a t S r From Quake

: E T A T To HAKEDOWN S S x a T g n i p a V PA’s

D E N I M EXA le By John Cast

On July 14, 2016, a budget deal was announced for the State of Pennsylvania, which, if left unchallenged, could all but eliminate the vaping industry in that state with one of the most burdensome blanket tax schemes in existence.

The tax on vapor products sold at retail within Pennsylvania has been set at 40% of wholesale cost. We’ll get into what that means for retailers and for consumers in a moment, but let’s examine that compared to other states; while some states, as well as the District of Columbia, have floated proposals for tax rates even higher — Oregon, for example, has seen a proposed rate of 81.25% of wholesale — Pennsylvania is the first to actually enact their tax rate as law.

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The Retailer Shakedown

The Consumer Shakedown

This spells disaster for many retailers, who often operate on slim profit margins as it is. The 40% wholesale tax would raise the cost of investment to such a degree that in order to remain in business, logically, retailers would have to raise the prices of eliquids and hardware to compensate. This would drive business out of state or to online locations (more about that momentarily), driving vapor retailers in the state out of business and costing jobs. But it’s worse than that.

I mentioned above that consumers, faced with higher retail prices in-state, will be driven to online retailers for their hardware and eliquids. Here’s the problem: the state of Pennsylvania considered that. And, rather than killing this tax in the formative state due to that consideration, they took a different, more totalitarian tack: they decided that consumers who want their hardware and e-liquids without this burdensome tax will be considered “unclassified importers” and will, therefore, also be subject to the same tax rate for the same products.

The 40% wholesale tax doesn’t just apply to new product purchased for retail sale. It applies to all product already in stock at every retailer in the state. If a retailer has already purchased $10,000 worth of stock for resale, they must now pay the state of Pennsylvania $4,000 out of their own pockets (metaphorically speaking) or face criminal penalties for tax evasion. The negative effect of this tax on small businesses in the state of Pennsylvania cannot be overstated; many of them will have no choice but to shut down, either because they will be unable to afford the tax on their current stock, at the outset, or because they will see such a loss of business and revenue that their businesses will simply become unsustainable.

That’s right. After this law takes effect, if you live in the state of Pennsylvania and purchase your hardware or eliquid from any source other than a Pennsylvania retail location, you will be expected to pay the state of Pennsylvania 40% of the cost of your purchases, directly. And if you don’t? You may be subject to criminal penalties for tax evasion, penalties of a fine of up to $5,000 or a prison term of up to five years. But it’s worse than that.

But it’s worse than that.

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Because the tax not only applies to what you might want to buy — it also applies to the hardware you already own. Just bought the mod of your dreams? If you didn’t buy it from a Pennsylvania retailer, get ready to fork out more money for what you already own, give up your property, or face a fine or imprisonment. If this sounds outlandish, it should; it is outlandish. Sadly, every word is true. Check out the following link (shortened for the convenience of our print edition readers): https://goo.gl/P8VpVv

The Consequences The immediate consequences of this bill are disastrous for Pennsylvanians. According to Chris Hughes, owner of FatCat Vapor Shop in Montoursville and president of the state’s SFATA chapter. “The state just passed a 40% wholesale cost tax on vapor products,” Hughes said. “This tax includes a “floor tax” that requires that every vape shop in PA write a check to the state for 40% of the wholesale value of their entire inventory. No shop can pay this tax, so all shops will be out of business.” In one fell swoop, Pennsylvania just eliminated the vaping industry extant within its state borders. Not only that, but in doing so, it turns its vaping populace into de facto tax evaders, never mind that detection and enforcement of such tax evasion is problematic.

In one fell swoop, Pennsylvania just eliminated the vaping industry extant within its state borders.

An even bigger problem is that by instituting this tax, Pennsylvania will actually lose revenue, as closed businesses stop paying for business licenses, property tax, payroll tax, or any of the myriad public-sector revenue streams, while former vapers may return to smoking and current smokers will continue to smoke, which continues to add public health costs which could have been avoided by simply… not strangling the vaping industry and its consumers.

But the worst part of this is that other states have already tried to implement similar industry-destroying policies. And after this, they will almost certainly try again. If you don’t yet participate in an advocacy organization such as CASAA, there may literally be no better time than right now to join and take action.

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A D/FFERENT TR/P FOR THOSE WHO DR/P

13TH FLOOR ELEVAPORS WEB INSTA PHONE CONTACT

/ WWW.13THFLOORELEVAPORS.COM / @13THFLOORELEVAPORS / 714-887-8121 / VAPEMAG@ELEVAPORS.COM

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Michigan Vaper Steps into Politics J. Ervin Bates takes the next step — running for office By Susan Oser You’ve probably seen him in Vape Magazine doing some coverage on VapeXpo, Mr. E Liquid and a few others. You probably heard about him in Michigan as one of the leading vaping activists in the state. There’s now a new mission in J. Ervin Bates’ life and that is to run as the 67th State of Michigan Representative. For most vapers out there, you’re probably thinking, that’s awesome, we already got Larry Faircloth in West Virginia, and now another one who’s willing to go make some changes in office (or at least try to).

So, what exactly made J. Ervin Bates run for office in the first place? Just like most of us politically, the partisanship, the bickering, and for the most part, the inaction of most of our senators and representatives was just a bit tiring. Thus, he decided to put his hat in the ring as an Independent candidate. It would’ve been possible for him to be a Republican, but unfortunately, he missed the deadline because of his early May decision. Having said that, he’s had to collect 15,000 signatures so that he can get on the ballot alone, which for anyone is an uphill battle, but it is one that he is willing to do and fight. On the other hand, he can skip over the primaries totally and just campaign up to the November election.

In fact, he’s doing what some politicians have already done this year, create a grassroots campaign and not only bring vaping into the political forefront but other issues that he cares about in the state. So, if you think he’s running as a single-issue candidate in the game, you’re sadly mistaken. Other issues that Mr. Bates cares about are on his website at http://electerv.com/home. They include: education and the DPS, roads, etc. In other words, he wants to make change like any other politician, but wants to do it honestly. That’s where the fundraising question comes in. If there is one issue that every voter is concerned about, it’s the money and where it goes. For Bates, he has that covered. First of all, he has a young treasurer with a lot of financial experience. All donations made will be set up through a fund and posted on the website. Paperwork has been filed in the state of Michigan to make sure that everything is on the level

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Features DEPARTMENTS and legit. Mr. Bates is first to give a message to any vaping candidate out there: be transparent with EVERYTHING, especially where the money goes because that will make or break your trustworthiness and how you run your campaign.

Since Bates is a vaper, the question is, how did he get into it? What is his story? Mr. Bates got introduced to vaping through his daughterâ&#x20AC;&#x2122;s friends and her fiancĂŠ two years ago on July 4, 2014. When he tried it out, he really liked it and decided to buy his own kit. Like mostly everyone, he started with an Ego which he still has and sometimes uses today. Since that time, he has not only gotten healthier, but he has breathed better and has lost a little bit of weight because of it. He had some strong words to say on a few aspects of the vaping community that I asked him about including the division that has occurred in the vaping community when it has come to drama, advocacy, etc. He said that EVERYONE needs to find some common ground. If there is a group, individual or organization that can cover the federal level, let them do that and report to the group that works the state level, and on down the line. Have the communication lines going and working as a team? The shop owners, juice makers, and even customers need to all be involved talking about this and working together with letters, going to rallies, etc. If none of this teamwork happens, the vaping industry and the community itself is literally screwed and more will be lost, than gained.

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So, what’s Mr. Bates done in Michigan for vaping? Quite a lot actually. He along with members of the Michigan Smoke-Free Alternative Association and the Vapers Association for Rights and Standards have connected to Matt Dunaskis, a former Michigan State Senator, and vaper. From what has been told this guy is not only going to be a help to Michigan vapers, but he is also very passionate about the industry. They have also talked to Representative Bill Huizenga is now on board to support HR 2058. Even if you’ve worn out with all these regulations that have or will be put in place, or perhaps your senator or representative is not answering you when questioned about vaping, Mr. Bates emphatically emphasizes to keep going and not giving up. In fact, that is what those in power who are anti-vaping are looking for us to do, and essentially want us to do. It’s not that they are too busy to answer our emails and our letters, it’s because they choose not to on this very issue.

Thus, as a vaper, it is IMPERATIVE that you talk about it to everyone. Talk to those who are interested in cutting down their cigarette usage. Talk to family. Be the responsible educator, not a cloud chaser. Educate yourself on the issues at hand that can affect you personally as a vaper as well as that favorite shop you like visiting to get the vape gear. Also be aware of those laws that could prohibit you from buying online as they can be a dent into the industry as well. While facts are ok, you could bore someone to death. The personal stories are what really count. IF you know someone that has just started, someone suffering with lung cancer because they never had education or access to vaping, those are the stories that will make an impact. It’s important to note that vaping has brought generations into one area to talk about vaping from 19 to 55 years old. These regulations sadly break that community and it’s why we all need to stay active.

To find out more about J. Ervin Bates and his run for State Representative: Facebook page: https://www.facebook.com/ervformichigan/?fref=ts Website: http://electerv.com/home

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Features

e t i n U s Vaper ion lives to save a bill

By Jenee Fowler

n Era Media Photos by Attentio

Just two days before the dreaded August 8 FDA deadline, A Billion Lives made its North American premiered in Milwaukee. The documentary which is centered around how a billion people are expected to die over the next 100 years from smoking related illnesses, had already won multiple awards in film festivals around the world before director Aaron Biebert ambitiously booked the 1,400 seat Pabst Theatre. They believed they had adequate support from the vaping community, but the seats were not fully sold out until the night before. In addition to countless members of the vaping community, Biebertâ&#x20AC;&#x2122;s close friends and family were on hand.

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The same weekend at least two vape conventions were held in the US. In 2014, ECC (West Coast) had over 35,000 people in attendance. If even half that would have been in attendance, the theatre would have been booked more than 12 times over. I spent the weekend in Milwaukee for the premier (thanks to Blue Line Vapor) in hopes of learning more about the creators of this ground-breaking film. Why would non-vapers (fun fact about the film crew) travel around the world to find the truth about something in which they had no personal stake? Why would such talented people would take up our cause, and do

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for us what we don’t seem to be able to do for ourselves? Created by persons outside the industry who felt the way many non-smokers had felt before about vaping at large, A Billion Lives is not a film about blowing clouds. In fact, most of the shots of vapers doing their thing are only of the inhale, and rarely on the exhale — something that Biebert said was intentional. “Those huge clouds can be intimidating when you don’t understand what it is,” he said. “I didn’t want it to be the first impression.” Producer Jennifer Biebert admits that she “used to think like most people who have never been addicted, and didn’t understand why they couldn’t just quit.” But the film delves into that early on and poignantly, yet empathetically examines the smoking addiction. The North American premiere was also the first time that a large number of vapers had been in the audience. Biebert seemed amused as he recalled the vapers in attendance timely outbursts. “There were points in the film that we, as film-makers, VAPEMZ.COM

just wanted to shout ‘Yes!’ to, and last night you did,” he said. “Moments where so many blatant lies were exposed and summed up in a single razor-sharp sentence. Like David Goerlitz, (the original Winston Man’s) interview. Or the part where we finally showed cloud-blowing with some of our talented composer’s work behind it. You all just roared.” Unfortunately, Aaron, Jenni, and the crew haven’t always felt so supported. “Vapers are the biggest enemy of vaping” Aaron stated candidly during our lakefront interview the Sunday following the premier. It was surprisingly difficult to fill a 1,400 seat auditorium for a film that overturns some serious misconceptions both the public at large and misinformed professionals have been spreading. As a Chicago resident, we pay taxes that supported a public smear campaign on vaping. The shift from curiosity to hostility has been more and more evident since. Milwaukee is a different story, like rewinding several years of vaping history. Before there was hate, there was curiosity. When we were checking in at the Intercontinental Hotel in Milwaukee for the premier weekend, we noticed people vaping in the lobby. I asked the clerk and she said, “oh, it’s on the schedule. Yeah, that’s fine” after referring to a printout behind the counter. Later, walking back from the premiere’s after party we were questioned by police while happily blowing clouds into the street. “Hey, what is that?” one officer asked followed by “that smells really good” by the other. They’d seen a lot of people that night doing the same thing and had wondered what it was all about. We told them about the A Billion Lives premier and they said they’d be interested in watching it when it was released.

... conservative middle-Americans who genuinely hate smoking and don’t know the truth about vaping. During the entire weekend, while vaping on patios and inside hotel lobbies, not one fake cough or gag was heard in response to our vapor. There are still so many lives to be saved, an untapped demographic of uncles and grandparents. Of conservative middle-Americans who genuinely hate smoking and don’t know the truth about vaping. Aaron, Jenni and the crew are all fighting for us in the one of the most influential arenas of all: the media. They aren’t doing this because they vape or smoke, but because they refuse to watch a billion people die in the next century without trying to stop it.

Left to right, Director of Cinematography Jimi Shaw, Producer Jenni Biebert, Director Aaron Biebert, and the Biebert’s children splashing in the waves.

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