Dear Vape Shop Owner, Manager, and Friend,
I hope you are having an enjoyable holiday season and looking forward to a prosperous 2024.
On January 10, 2024, the Colorado General Assembly will begin its four month long legislative session.
We anticipate three vaping bills will be introduced in January. Our coalition will need to either fight, monitor or amend these bills.
A summary of the bills is listed below.
De-Facto Colorado Vaping Flavor Ban Bill
Large tobacco companies have partnered with anti-vaping stakeholders to introduce a bill in the 2024 Colorado General Assembly that would only allow federal government Premarket Tobacco Product Application (PMTA) approved vaping products to be sold in the state of Colorado.
As you know, there are only approximately a half dozen PMTA approved vaping products nationwide. In essence, the legislation would create a statewide vaping flavor ban and bankrupt all RMSFA members.
Counter Arguments:
The FDA approval process is ongoing, and thousands of PMTA applications are still pending.
· There is pending federal legislation that will define and determine PMTA standards. Creating a Colorado statute without firm PMTA guidance is fruitless and confusing.
· The Chevron lawsuit (related from a US Supreme Court decision) could possibly gut or greatly reduce the FDA’s ability to implement PMTA guidelines.
· The legislation will remove a proven adult cessation bill and increase more harmful cigarette smoking.
· The legislation will bankrupt and destroy 200 Colorado small businesses.
· The bill will eliminate $35 million dollars of annual sales tax revenue, which funds pre-K childcare programs in Colorado.
Local Control Bill by State Senator Kyle Mullica
Instead of a straight flavor ban bill, Colorado State Senator Kyle Mullica appears to be working on legislation that would significantly expand the ability of counties to regulate vaping products. We have not seen bill language yet but are tracking these developments as we prepare for the legislative session. Presumably this appears to be a work-around for Colorado Governor Jared Polis whose opposition to the flavor was a key factor in killing the 2022 legislation. We will keep you all updated as we learn more.
Colorado State Representative Alex Valdez Vaping Recycling Study Bill:
Representative Valdez decided to adjust his mandatory vaping and marijuana disposable device recycling legislation into a Study Bill due to feedback and opposition from multiple industries, including the RMSFA. Representative Valdez asked the RMSFA to send a representative to join the Study Bill. If you would like to participate in the Study Task Force please contact RMSFA Consultant Joe Miklosi. The Study Bill task force will analyze the most efficient systems for recycling vaping disposable devices and incentives to avoid landfills and to encourage recycling.
It's going to be a busy 2024.
We have been growing our membership, lobbying team, and public relations team to fight and amend any negative vaping public policy that would harm our industry.
Next steps and more details will be provided soon
Happy Holidays!