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Cole-Bishop Amendment defeated

FDA E-Cig Regulations: Democrats Have Killed a Key Amendment (Cole-Bishop), But it Isn’t Over Yet

An amendment to a government funding bill that could have saved the vaping industry from it’s imminent destruction was shot down by democrat leaders last week. The Cole-Bishop amendment would have changed the all-important “predicate date” on the FDA e-cig regulations, and in the process, would have meant all vaping devices on the market as of August 8th 2016 would have been “grandfathered” in and allowed to remain on the market. The death of the amendment is bad news for the industry, but there has been a more positive development too. As well as some other avenues to try to accomplish the same thing, the vaping industry also got an unexpected gift from lawmakers.

 

Why the Cole-Bishop Amendment Is Needed

 

The FDA e-cigarette regulations are a disaster for the industry. The “slow motion ban” works like this: in 2018, all e-cigarette companies that want to continue selling products will have to submit an application to the FDA to and be granted permission to market them. This all sounds fine, but there are some huge issues.

 

First, you have to send in separate applications for every product, even if there is little difference between them. For example, if you have one e-liquid flavor available in four nicotine levels, this means you’ll need to send four applications in, and you’ll have to do that for every single flavor you offer. Secondly, it’s expected to cost $1 million or even more per application. Finally, there’s no guarantee of success even if you do cough up.  

 

The end result of this has been almost unanimously predicted. Vaping companies are largely small businesses, and most won’t be able to afford to even submit the applications, much less do a good enough job of it to be granted permission. The companies in the best place to do it would be those owned by tobacco companies. The rules could hand the industry to Big Tobacco if there aren’t some crucial changes.

 

The amendment was really simple. Instead of forcing the inappropriate “predicate date” – February 2007, when basically no e-cigarettes were on the market – the bill aimed to modernize the date. When the rule was first enacted, cigarettes got a free pass because they had valid products from long before 2007, so they could easily be “grandfathered” in. This creates a perverse situation where potentially life-saving products have a harder time staying on sale than the product responsible for the lost lives. Ending this made sense, but apparently not enough to win over lawmakers.

 

The Failure of the Budget Rider

 

The attempt to save the industry worked through what is technically called a “rider,” which is a rule that “rides along” with a much bigger piece of legislation. In our case, the Cole-Bishop rider was attached to the budget bill. However, democrats in particular screwed up and crushed the rider along with 159 others.

 

This isn’t the end of the line for this type of legislative action. There is another budget in September, which offers another opportunity to try the same basic approach. More importantly, there is also a stand-alone Cole-Bishop bill, HR 1136, which is still gaining support but needs a lot more to really make a dent.

 

The crucial point is that this isn’t the end of the line for the vaping industry. There are many more opportunities to change things for the better, and as CASAA’s blog post points out, even the process of trying to get this amendment passed has drawn attention to the issue. Members of Congress are starting to understand why the issue is important, and that in itself is a positive outcome.

 

Good News for Vaping: FDA Delays Implementation of Deeming Rule  

 

So the FDA e-cigarette regulations aren’t unstoppable, but as things stand the industry is still set to be crushed on August 8th, 2018. However, there has been a piece of good news for vaping: all remaining deadlines have been pushed back by three months. It doesn’t change anything (aside from moving doomsday to November 8th, 2018), and with changes in leadership at the FDA, a delay isn’t such a big surprise, but it’s still a positive sign. In particular, the explanation given by a policy analyst at the FDA is promising:

 

“This extension will allow new leadership at the FDA and the Department of Health and Human Services additional time to more fully consider issues raised by the final rule that are now the subject of multiple lawsuits in federal court”

 

We all know there really is a lot that needs to be considered about the regulations, and with Trump’s FDA pick being against “red tape” in general, vapers may have cause for cautious optimism. There are also signs that the FDA is starting to understand the vaping issue more in general.

 

But we should be wary of expecting anything too positive. There is a lot of pressure from various groups to “protect the children” by restricting vaping as much as possible, and any move favorable to vaping will undoubtedly be met with a lot of resistance. The new administration could genuinely change things, but it’s important to remember that so far, nothing has changed. The deadlines have been extended but they still exist. To stop the destruction of the industry, we need to keep fighting.

 

Two Bills That Could Save Vaping

 

The best hope for improving the situation for vaping is HR 1136, also known as the FDA Deeming Authority Clarification Act of 2017.

 

As well as changing the predicate date, this provides some actual regulation in terms of product standards, suggests advertising restrictions and more. Overall, the bill is intended to save the vaping industry by moving the predicate date, but also to appeal to as many politicians as possible to give it the best chance of success. It might not be ideal for vaping in every way, but it’s the most realistic prospect for saving the industry.

 

At the moment, the bill is gaining co-sponsors but needs more to really stand a chance in making it through the legislative process. The more vape shop owners, manufacturers and ordinary vapers get involved and encourage politicians to support the legislation, the better chance it will have.

 

The other bill (HR 2194) is a lot more ambitious, called “The Cigarette Smoking Reduction and Electronic Vapor Alternatives Act of 2017.” This comes from the vaping congressman Rep. Duncan Hunter and focuses on the issue of comparative risk – legally acknowledging that some nicotine-containing products are safer than others and regulating them accordingly. It also proposes reasonable regulations for product quality (for example, it suggests following the American E-liquid Manufacturing Association’s guidelines), and prohibits marketing to kids.

 

The big issue is that HR 2194 just isn’t a realistic option in the current climate. We’re fighting to keep the market from being completely crushed, and while the proposals set out by Hunter are exactly the sort of thing we need for vaping, finding support for them isn’t going to be easy. It simply reaches too far to really pick up a lot of support from ordinary politicians and the public.

 

HR 1136 isn’t ideal, but it’s a much better prospect because it cedes plenty of ground to broaden its base of support. If everyone was informed about vaping, HR 2194 would be more widely-supported and a better choice for how to regulate vaping, but that’s not the world we live in.

 

We Need to Keep Fighting

 

The tiny piece of good news and the substantial bit of bad news are both important reminders that this fight isn’t over. The deeming regulations are not unstoppable, and although everything appears to be going ahead as planned, the new administration, the legal challenges to the regulations and some more sensible pieces of legislation could change everything. Vapers and advocates need to stay loud, stay positive and stay active. The industry’s doomsday is drawing ever-closer, but it can still be averted.

Lee Johnson

Lee Johnson

Writer at Black Note
Lee is a writer and vaper from the UK. He quit smoking (without intending to) when he started vaping in 2012, and now writes for EcigaretteReviewed and E-Cigarette Direct's Ashtray Blog. He's always searching for a new all-day vape, loves rebuilding and is passionate about providing smokers with accurate information about the harm reduction potential of vaping. He drinks too much tea.
Lee Johnson

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What is E-Juice?

E-juice, also known as e-liquid or vaping liquid, is the liquid that’s placed in the vaping device and subsequently atomized into vapor. When you go to buy e-juice, you’ll notice it contains a mix of several ingredients. These typically include vegetable glycerin (VG), propylene glycol (PG), some type of flavoring, and nicotine.

VG and PG form the base of the e-liquid. VG is a component used in food and personal care products; its role in e-liquid is to create a thick, dense vapor. PG is another popular solvent used in a variety of everyday items. It carries the e-liquid flavor, provides the “throat hit,” and enhances the vaping liquid’s ability to soak into wicks or cartomizer materials.

Nicotine is an optional ingredient, often available in different levels. E-juice also contains some type of flavoring.

Black Note leads the pack of tobacco vaping liquid by using only natural flavoring – extract from real tobacco leaves to produce real tobacco taste. When you go to buy e-juice from other companies, you may find any number of chemicals used to create synthetic flavors that include fake strawberry, manufactured vanilla, and even man-made tobacco flavors.

If your aim when you buy e-liquid is to experience the subtle nuances, genuine flair and authentic taste of real tobacco, then you’ll be on the mark if you buy e-juice from the Black Note lineup.

Best E-Juice

When you’re going to buy e-liquid, it’s only natural you’ll want the best e-liquid. But what, exactly, does it “best e-juice” mean? We’ll tell you.

For starters, you’ll want an e-juice that doesn’t contain all kinds of strange chemicals and concoctions that you can’t even pronounce. True, even the best e-liquid will contain vegetable glycerin (VG) and proplene glycol (PG), which serve as the base of e-juice, but you don’t necessarily need a host of other chemical compounds.

The best e-juice will stick to natural ingredients, like real tobacco extract, rather than rely on synthetic flavorings, colorings and other additives. Diacetyl is one of those synthetic ingredients that has gotten a pretty bad rap, although its use is not all that uncommon for producing sweet e juice flavors.

Definitely read the ingredient list before you buy e-juice to ensure you recognize what’s on it. Better yet, see if the e-juice company offers a lab report to confirm what’s actually inside the e-liquid.

In addition to having as few chemical ingredients as possible, the best e-juice will have an amazing taste. For those who enjoy authenticity over imitation, the most amazing taste is the most natural taste, especially when it comes to tobacco. Since Black Note uses real extract from tobacco leaves, we not only avoid all those weird chemical flavorings, but we also produce the most authentic experience: tobacco vaping liquid that actually tastes like tobacco.

Best E-Liquid on the Market

Anyone looking for the best e-liquid on the market need look no further than Black Note. Black Note tobacco vaping liquid ranks as the best e-juice across the board in every category, starting with the taste.

Black Note’s main claim to fame is producing a tobacco vaping liquid that actually tastes like real tobacco. That because we use real tobacco extract, not chemicals, to create the best e-juice tobacco flavor. Using extract from real tobacco leaves retains tobacco’s nuances and flavor notes, giving you the most authentic and multi-faceted tobacco experience.

In addition to being the best e-juice for tobacco taste, Black Note also has the best e-liquid manufacturing process. We spent years researching and testing various production methods, and finally landed on one that we believe is absolutely perfect.

It starts with growing carefully selected tobacco seeds, followed by an equally precise of steps that include an extensive natural extraction process. Even our bottling and packaging is done with the utmost care, using recycled and recyclable packaging materials to ensure our products are as earth-friendly as they are vapor-friendly.

One more category where Black Note ranks as the best e-liquid is with the value. Every order comes with free domestic shipping, one-to-three day domestic shipping guarantee, and a 90-day, money-back satisfaction guarantee. If you’re not happy for any reason, or don’t agree we’re the best e-juice on the market, send it back on us and we’ll refund your money.

Vape Juice Ingredients

Vape juice ingredients can be pretty straightforward – or not. At the very least, most vape juice contains propylene glycol (PG), vegetable glycerin (VG), and some type of flavoring. Nicotine has largely become an optional ingredient that can be included at varying levels or left out altogether.

Vegetable glycerin (VG) and propylene glycol (PG) are usually the two main ingredients that make up the base of most vape juice.

VG is a plant-based substance with the ability to produce a dense, thick vapor. PG is an additive found in many food items and certain medicines. It carries the flavoring, provides the “throat hit” and enhances the vape juice’s ability to soak into the wicking materials.

Nicotine levels can vary, as can ingredients that make up the flavorings. The components that make up vape juice flavoring are where ingredients can get rather complicated.

Vape juice that relies on artificial flavorings can contain any number of extraneous chemicals and other additives, whatever it takes to recreate the flavor the ecig juice is going for.

Black Note uses only natural flavorings: extract from real tobacco leaves. That keeps our ingredient list incredibly simple, backed by a lab report to prove it. You won’t find any strange chemical concoctions used to produce our tobacco flavor, just real tobacco extract that delivers a real tobacco experience.

What is the Best Flavor for Ecig Juice?

From strawberry shortcake to banana rum, ecig juice comes in tons of flavors. While folks can debate and discuss all the fruity, sweet or food-like flavors all day long, the best flavor for e-cig liquid is straight-up tobacco.

Why? Vaping was originally created as an alternative for traditional cigarettes, mainly for those who enjoy the taste of tobacco. And when you can find an e-cig liquid that is able to recreate tobacco’s full-bodied yet delicate flavor notes and nuances, but without the harmful chemicals found in cigarettes, then you’ve found the best ecig juice.

Recreating tobacco’s complex flavor isn’t easy, especially when it’s attempted with artificial ingredients. That’s why Black Note sticks to the real thing, extracting the essence of real tobacco leaves to flavor our vaping liquid. Not only does this avoid the harmful chemicals in cigarettes, but it also eliminates the flavoring chemicals found in many ecig juices. The end result is real tobacco taste, an authentic tobacco experience and the best flavor for ecig juice you can find.

Notice also we said the best e-cig flavor was straight-up tobacco, not plain old tobacco. Black Note’s real tobacco vaping liquid happens to come in a variety of different blends, from the light and airy to the peppery and robust. Not all tobacco is created equal, and different blends capture the specialized subtleties that make each tobacco unique.

Best Sweet Tobacco E-Juice

When it comes to sweet tobacco e-juice, your options can be broken down into two categories.

The first category contains tobacco e-juice that overlays the tobacco flavor with artificial chocolate, caramel, vanilla, fruity or other dessert-like flavorings. We wouldn’t classify any such flavors as the best tobacco e liquid, simply because they typically use chemicals and other artificial ingredients to create the tobacco taste, the sweet taste, or both.

The second category of sweet tobacco e-juice is where you’ll find the best tobacco e-liquid, sweet or otherwise. This category contains vaping liquid created using only natural flavorings, which is exactly where Black Note fits in. Instead of concocting flavors using synthetic ingredients, Black Note uses an extensive extraction process that slowly and deliberately extracts the tobacco essence from real tobacco leaves.

The result is the best tobacco e-juice: tobacco vaping liquid that actually tastes like real tobacco. And if you’re going for the best sweet tobacco e liquid, we have a few tobacco blends that offer varying levels of sweetness.

Prelude is our sweetest tobacco e-liquid, containing golden Virginia tobacco. Made from fire-cured dark Virginia tobacco, Sonata is our Cavendish blend with a mildly sweet and nutty flavor. Solo is our menthol blend, giving you a semi-sweet minty taste created from natural menthol crystals extract from dried mint leaves.

For the best tobacco e-liquid that’s naturally sweet and remarkably delicious, Black Note is at your service.

WARNING: Black Note products are not smoking cessation products and have not been tested as such. Black Note products are intended for use by adults of legal smoking age (21 or older in California), and not by children or women who are pregnant or breastfeeding. Black Note products contain nicotine, a chemical known to the State of California to cause birth defects or other reproductive harm. Ingestion of the non-vaporized concentrated ingredients can be poisonous. Keep out of reach of children and pets. For immediate advice, contact poison control center: (800) 222-1222