Published on February 15th, 2017 | by Jimmy Hafrey
Local Government Stepping In To Help Fight FDA Regulations
A local village in Wisconsin has given its support to a vape business within its jurisdiction and will help fight the new vaping rules that have been handed down by the U.S. Food and Drug Administration.
Lake Country Now is reporting that the Village of Hartland has voted unanimously to work alongside the FDA to find a better solution to the regulations that would not put Johnson Creek Enterprises, the vape company in question, out of business. Johnson Creek Enterprises is in danger of closing its doors because of the new FDA regulations that passed into law last year.
Many regulations were passed when the FDA deemed vaping to be a tobacco product, such as the need for a minimum age requirement, child safety precautions, and a list of ingredients on all packages. However, the issue for most companies like Johnson Creek Enterprises is the fact that the rules also call for PMTAs for each individual vape liquid and each nicotine level found within those liquids.
Johnson Creek Enterprises currently offers more than 200 vape liquids in their stores, all of which were introduced after the predicate date of February 15, 2007. With each application costing around $1 million to be completed, the company would have to pay an estimated $200 million in order to keep all of its products on the shelf.
“We’re absolutely for regulation, but we’re for stable and right regulation,” Heidi Braun, president and Chief Operating Officer of Johnson Creek Enterprises, told the village board at a hearing called to gather support for the company. “Not something that could put us out of business or cost us millions of dollars.”
Johnson Creek Enterprises currently employs about 50 people who live and shop within the village and pay over $350,000 dollars in rent every year. It has been a staunch supporter of fair regulation since it was founded in 2008 and has always required child safety caps, shrink wrap and warning labels on all of its bottles, and education on the effects of vaping.
Now it seems that all of the company’s hard work might be going down the drain thanks to the FDA.
The village board voted, however, to help the company. This is possible because according to the Electronic Vaping Coalition of America’s spokeswoman, Linda Hansen, federal laws do exist that give local governments the ability to interfere with federal agencies. This is only possible if that agency has constructed laws or regulations that negatively impact a business within that local government’s jurisdiction.
The board’s reaction comes as no surprise to village residents; several members of the board, including Village Trustee Rick Stevens, are former smokers who’ve used vaping to help themselves quit the habit.
“You’re hooked on the nicotine; you’re not hooked on tobacco. I don’t know what the big problem is,” Stevens said when interviewed by reporters. He has recently kicked nicotine altogether, a big feat from a former smoker who used traditional cigarettes for over 50 years.
Johnson Creek Enterprises will work closely with the Hartland board to help come up with a plan to fight the regulations in order to keep jobs within the village limits. This publication will continue to update readers as this case unfolds.