(Update - 02.28.20)
Today, the House of Representatives voted 213 yea - 195 nay to pass HR 2339.
This bill now moves on to the Senate.
While many are anticipating that HR 2339 is not likely to see the light of day in Mitch McConnell's Republican controlled Senate, we have learned throughout this debate that no officials are immune to the well-funded propaganda campaign supporting this legislation. There is still a very real concern that some members of the Senate can be swayed to vote in favor of this dangerous bill.
Please continue making contact with your Senators urging them to reject HR 2339.
(Update - 02.27.20)
Today, the House of Representatives voted to move forward (210 yea - 200 nay) with considering HR 2339 and allowing for 90 minutes of debate prior to a vote.
CASAA has learned that the language from HR 4742 (tax parity across all tobacco products--linked below) is now included in HR 2339. This new language would tax vapor products at a much higher rate than the federal tax on cigarettes. Under the new tax language, a 1 liter bottle of nicotine concentrate used for DIY would cost an extra $2,780.
The 90 minutes of debate and a vote on HR 2339 is expected to begin around 9:00 AM, Friday, February 28.
Please continue reaching out to your representatives urging them to VOTE NO on HR2339
You can watch live coverage of the House of Representatives on C-SPAN or here - https://live.house.gov/
Following the vote on the resolution to consider HR 2339, House Democrats are taking a second look at the consequences of criminalizing menthol cigarettes. In an op-ed published today in The Hill, Rep. Yvette Clarke (NY-09) draws attention to the social justice issues surrounding prohibition on a product that is disproportionately consumed by black people who smoke. According to POLITICO, this criticism is peeling Democrat votes away from the bill. It remains to be seen if this will be enough to defeat the bill in the Democrat controlled House.
(Update - 02.21.20)
Oppose H.R. 2339!
HR 2339 (Pallone-NJ), which would, among other things, ban vapor products in flavors other than tobacco, is scheduled for debate and possibly a vote by the full House of Representatives on
Thursday, February 27, 2020
Friday, February 28, 2020
Take Action - Send a Message urging your officials to VOTE NO on HR 2339!
This legislation is being supported by an army of Bloomberg-funded anti-harm reduction groups to the tune of $160,000,000.
At the same time, it is likely that a tax bill, HR 4742, which is attempting to enact tax parity between vapor products and combustible cigarettes, will also be taken up by the full House.
(Update - 12.12.19)
According to a recent article in The Hill, it is likely that the House of Representatives will vote on HR 2339 (flavor ban, online sales ban, and tobacco 21) early in 2020. The delay is due to members of Congress recognizing that more pressing matters need to be addressed in the limited number of working days left in 2019.
While it is very likely that Rep. Pallone currently has the votes needed to advance HR 2339 to the Senate, the delay gives us more time to contact officials and hopefully change some minds.
Take Action - Send a Message!
(Update - 11.20.19)
On Tuesday, November 19, the Energy and Commerce Committee held a markup session for Chairman Pallone’s HR 2339. This bill would ban flavored e-liquid, ban online sales, and raise the minimum sales age to 21-years-old.
HR 2339 is now moving to a vote by the full House.
At this time, we expect HR 2339 to pass the House of Representatives. But this is not cause for abandoning efforts to educate lawmakers or trying to win a few people who might be on the fence.
Please take a moment to send a message to your officials urging them to reject legislation, like HR 2339, that would severely limit access to low-risk, smoke-free products.
Take Action – Send a Message!
- Looking for the lawmaker look up tool? --> Click Here.
In July, a US District Court judge, Paul Grimm, produced a remedy order that requires the FDA to enforce the premarket tobacco application (PMTA) requirement starting in May of 2020. This effectively moves up this particular compliance deadline by more than a year. While a small handful of companies might be in a position to attempt compliance with this new deadline, the rest of the vapor industry is not.
Strict enforcement of this deadline will force most US manufacturers to shut down. Even though the FDA will retain enforcement discretion with regard to certain compliance deadlines on a case-by-case basis, it is not clear how (or even if) the agency will apply it. In other words, there is no guarantee that companies will be allowed to keep their products on the market.
Take Action – Send a Message!At the same time, several bills are active in Congress that would undermine FDA’s authority over new tobacco products. These bills propose to raise taxes, ban flavors, limit online sales, and one bill even goes as far as requiring vapor products to be approved for market only as medical drugs/devices.
CASAA is asking our members to take action by sending a message to your federal lawmakers urging them to reject this legislation and prevent a massive underground market from taking the place of our current legal, regulated marketplace. We will start delivering your messages one week from now to coincide with a lobby day organized by the Vapor Technology Association.
Take Action – Send a Message!
- Original Post - 09.11.19
- HR 2339 - Bill Page
- [Article] The Hill - "House Democrats to vote on flavored e-cigarettes ban next year." (Dec. 11)
- HR 4742 - CBO Cost Estimate