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The State of Vape: The Fate of H.R. 2339

March 06, 2020

The State of Vape: The Fate of H.R. 2339

DISCLAIMER: eJuices.com does not endorse or support any candidate for political office. This blog post is for informational purposes that are based upon statements that have been reported by the news and media. The individual positions provided in this blog post may change over time. All opinions provided herein are the opinions of the author. We always encourage you to take action to preserve your rights to vape.


H.R. 2339, or the Reversing the Youth Tobacco Epidemic Act of 2019, narrowly passed the House of Representatives in a 213-195 vote. 208 Democrats and five Republicans voted for the bill, with 177 Republicans, 17 Democrats, and one Independent voted against it. Seven Democrats and 15 Republicans did not vote on the bill. 


The bill was sponsored by Rep. Frank Pallone (D-NJ) and 126 other cosponsors. One of those cosponsors is Donna Shalala (D-FL), a former Health and Human Services secretary who served in the Bill Clinton administration from 1993 to 2001. Shalala said that she will fight the vaping industry . “Vaping is the public health crisis of the 21st century,” she said.


One notable vote against the bill was Rep. Cedric Richmond (D-LA), who is the co-chair of 2020 presidential candidate Joe Biden’s campaign. Majority Whip Jim Clyburn (D-SC), another Biden supporter, did not vote on the bill. Biden strongly came out against vaping in some of his town hall speeches and could very well support more stringent regulation against the vaping industry in line with his Democratic colleagues. 


From across the aisle, Rep. Greg Walden (R-OR) stated that the Democrats’ prohibitions on vape were inconsistent with their stance on marijuana legalization. "Denouncing smoking tobacco in all forms while embracing the (decriminalization) or legalization of marijuana is at best inconsistent when considering long-term health outcomes,'' he said. Rep. Walden voted no on H.R. 2339.


Another vote against the bill was Rep. Yvette Clarke (D-NY), who voted against the bill because of its effect on African-American smokers and vapers. “White adult smokers would see little difference in their lives after this ban, while black smokers could face even more sweeping harassment from law enforcement if the hint of menthol smoke can justify a stop by a police officer,” she said. African-American smokers and vapers prefer menthol to traditional tobacco flavors. “A ban that targets menthol products but ignores other premium tobacco products unduly burdens the black community,” she added. Clarke’s district is majority African-American.


More Democrats than Republicans bucked their respective party lines on H.R. 2339, leading to more questions than answers. As we previously covered in the State of Vape, we did not know the views on the vaping industry of Rep. Tulsi Gabbard (D-HI), another 2020 presidential candidate serving in Congress. She did not vote on this bill either.


The Administration’s Response


Surprisingly, the White House itself came out in opposition to H.R. 2339 shortly after the vote took place. “The Administration opposes H.R. 2339,” they said. “This bill contains provisions that are unsupported by the available evidence regarding harm reduction and American tobacco use habits and another provision that raises constitutional concerns.”


The release seemed to address many of the concerns raised by vapers, such as T21, the use of vaping as a harm reduction technique, as well as issues surrounding remote retail sales. “Problems surrounding such sales should be addressed through the application of age verification techniques rather than, as this bill would do, prohibiting such sales entirely,” the statement continues.


In conclusion, the statement once again brings up the administration’s proposal to spin tobacco products into its own agency within the Department of Health and Human Services. “The bill takes the wrong approach to tobacco regulation. Rather than continuing to focus on the FDA’s Center for Tobacco Products, Congress should implement President Trump’s budget proposal to create a new, more directly accountable agency within the Department of Health and Human Services to focus on tobacco regulation. This new agency would be led by a Senate-confirmed Director and would have a greater capacity to respond to the growing complexity of tobacco products and respond effectively to tobacco-related public health concerns.”


The bill is not expected to pass the Senate as it is controlled by Republicans, but should the bill make it to President Trump’s desk, his advisors recommend that he veto the bill.


What are your thoughts on this latest development? Let us know in the comments below!


10 Responses

best vaping device NZ
best vaping device NZ

April 13, 2020

Interesting blog with a lot of information.I have also found this resource Irresistiblevapehouse.co.nz useful and its related to what you are mentioning.

Aron
Aron

March 13, 2020

Keep on vaping

Bryan Eldridge
Bryan Eldridge

March 13, 2020

Control under age sales and let us the adults be ADULTS.

Donald Judson
Donald Judson

March 13, 2020

I support age restrictions as we have now. Legalizing marijuana but making vaping illegal makes no sense. Hopefully will NOT pass Senate. Vaping definitely better than smoking through.

Catherine Armendarez
Catherine Armendarez

March 13, 2020

I think it’s ridiculous this will not stop teenagers from vaping, if anything it will just make a bigger black market response. I am nowhere a teenager I am 56 I enjoy flavored vape juices, because they are different from tobacco flavors.

Amy pierson
Amy pierson

March 13, 2020

Let me start by expressing my concern that the people say it’s going to affect the African American Community more than white people. I am a white person and I enjoy vaping and I love the flavor than I smoke Menthol flavor from time to time. A lot of white people smoke Menthol so I’m not under sure why the government and everybody else has to keep dividing us up by ethnicity or religion or sex or gender or whatever this is becoming ridiculous. If these underage kids are getting hold of devices that are allowing them to vape their parents are the ones who should be held responsible and accountable. I did not feel like adults who vape and like the different flavors should be punished in the people who own these shops in the manufacturers be punished because of underage smoking. I started smoking when I was 15 years old so I don’t understand why punishing everybody else is going to get anybody to stop doing something that they shouldn’t be. If they’re going to do some things whether it’s legal or illegal they’re going to do it. I do not like smoking cigarettes they taste like crap they’re too expensive they make you stink others around you don’t want to be by you. Vaping is the next best thing for people who don’t want to smoke nasty-ass cigarettes

John VanKleeck
John VanKleeck

March 13, 2020

If you gonna ban flavors,and vape products. Then you have to forget about marijuana, and tobacco ALL tobacco products need to be banned as well. In addition they are completely ignoring the hundreds of thousands who quit smoking because of vaping.And finally lets be real here the only reason the government is pulling this is because “BIG” tobacco didn’t get their slimy hooks into it. As soon as they see a large enough profit margin in it, all this will vanish. Because all they care about is money they never have and never will give a rats ass about us or our kids.
History doesn’t lie, and the truth hurts.

Jacob Tubbs
Jacob Tubbs

March 13, 2020

This bill is absurd! How dare the government try to take our freedom of choice. I’m all for keeping kids safe but this approach is wrong and will make the black market thrive. Even if you ban something people will find a way to get it. Bans don’t work.

James Shields
James Shields

March 13, 2020

Confusing vaping products with tobacco products is ludicrous

Terry
Terry

March 13, 2020

I been a smoker for over 25 years i use to have chest pain hard time breathing since I switched to vape my chest no longer hurt I’m breathing better so if their was a problem with vape far as health wise it wouldn’t be as bad as cigarettes that’s for sure and if they would stop vaping that would be the worst thing they will ever do vape helped me saved me from having more health issues that’s for sure and I hope they never ban vaping because is saving people lives and money and who ever is voting against vape totally 100% wrong if they wanna ban vape they should start with cigarettes because they way more harmful than vape that’s coming form a smoker of 25 years plus who ever is voting against I think they’re getting paid by tobacco companies and that’s fact same people that’s voting on vape they should’ve voted on cigarettes why they not doing that big ? On that Question hopefully they will never ban vape 🙏🙏🙏

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