Tag Archives: e-cigarette regulations

Lawsuit Filed Over Deceptive “Organic” E-Liquid Mislabeling


One of the biggest issues that e-cigarettes are currently facing is over their non-regulated status. Because of this non-regulated status, e-liquid makers are able to put whatever they want on the labels for their product – and unfortunately this can include deceptive marketing techniques. This is one reason that Attorney General Bob Ferguson is trying to make e-cigarettes (and e-liquid specifically) more regulated.

In order to battle this type of false labeling, Ferguson has recently filed suit against a California-based e-liquid company. In the suit, from the King County Superior Court, Ferguson claims that the company has a past of placing “unsubstantiated health claims” on their e-liquid bottles, including stating the product is organic without certification.

Additionally, Ferguson cited two other companies for claiming organic e-liquids without certification.

The first company claims that their e-liquids are 100% organic, which could lead consumers to assume that there is no way the product is harmless. The issue is that product research has shown that not all of the components within the e-liquids are organic.

In addition, the e-liquid manufacturer hasn’t secured a certification of organic product, which is required under Washington’s law on organic products.

Of the other two e-liquid manufacturers Ferguson is suing, neither secured an organic certification from their home state. In one case, the products were found to contain less than 70% organic components, violating Washington’s organic laws which state that products with less than 70% organic components cannot be labeled as such.

All three companies were in violation of the Consumer Protection Act. Since the suit, two of the three e-liquid manufacturers have modified their labels to fix their organic status.

While we don’t claim that our e-liquid is organic, here at EverSmoke we strive to provide the highest quality pre-filled e-liquid cartridges for a superior vaping experience. If you’re new to vaping, stop by and check out what we have to offer. If you still have questions, feel free to contact us or check out our blog and knowledge center for more information.

Call to Action: Don’t Let the FDA Ban Vapor Products!

Vapor Products Call to Action!Do you use vapor products? Are you a big fan of vapor products? Do you know that the future of e-cigarettes is on the line? Are you aware that your ability to use them freely may not exist if the FDA’s Tobacco Deeming Regulations stand?

Last week the CASAA, (the Consumer Advocates for Smoke-free Alternatives Association) made an urgent Call to Action in efforts to get everyone involved in this industry to make it known to Washington, local senators and congressional representatives that this kind of action would be a major detriment. In the first few days of the announcement, tens of thousands of e-cigarette and vapor product users stormed the White House with calls and emails, pleading for support of a Bill that will change how the FDA regards alternative tobacco products.

If you are just now hearing about this call to action, or the imposed amendment to the FDA’s proposal, the vapor products industry is asking for support of Bill HR 2058, which will work to keep vapor products available to all adults who use them. Otherwise, within the next 2 – 4 years, 99.9% of all electronic cigarette and vapor related products will be off the market, and not available for sale.

Seems entirely unfair, unjust, and simply wrong, right? What would your life be like if you were placed in a position that gave you only the option of switching back to tobacco because you had no other choice? Well, we urge you to speak up! It is absolutely necessary to make your voice heard, and we highly encourage you to call the White House, as well as email your Congressional Representative and Senators to ask for their support in this extremely important effort of Bill HR 2058. The banning of vapor products will come at a devastating cost to everyone in this industry. Denying users of a valid alternative to the dangers of tobacco, while destroying countless businesses, and impeding innovation that has come so far in just a few years are but a few examples; we can do something to avoid this! Let your voice be heard!

E-cigarette activism may seem like a minimal effort, but it is vastly important as it is a newer industry and it is susceptible to attack. For more ways on how to become more involved in protecting your rights as a vaper and to make voice your heard, here are our tips on how to get involved in supporting the vapor industry.

Where to Call: The White House: (202) 456-1111

Alternate Number: (202) 456-1414

Where to send an email to Support HR 2058 - Send an Email

Excise E-Cigarette Tax Hits Washington DC

Crippling E-Cig Excise Tax in DCAs of October 1, 2015 electronic cigarettes are no longer categorized as tobacco products, or subject to sales tax in Washington DC. Sounds great, right? Wrong. The latest in e-cigarette regulations has taken a turn for the worst. The new excise tax now adds a 67% tax on electronic cigarette, e-liquid, and all other vapor-related products, and will be imposed upon the party in possession, or selling the products in actual location in District of Columbia. Should a retailer purchase any such items from a wholesaler or vendor who does not pay the excise tax, the retailer will be responsible for it.

The tax extends to all varieties of products under the category of “vapor products,” including electronic cigarette devices, batteries, atomizers, tanks, cartridges, cartomizers, mouthpieces and all other related accessories, with the exception of chargers which will not be included. The regulation regards all items categorized under the term “vapor product,” and this is in regards to any item that is non-lighting, noncombustible, utilizes a mechanical heating element, battery, electrical circuit, regardless of the shape and/ or size that can be used in a manner to produce a nicotine aerosol from a solution, held within a tank or cartridge, that is intended to be used in conjunction with an electronic cigarette, or any type of related device.

This mighty ruling of a regulation comes as part of a budget proposal, intended to rake in around $400,000 for public spending in DC. For what seems like a relatively small amount of funding, the capitol is willing to attack small businesses, hinder growth, and quite possibly leave many people without jobs, all on the grounds of a regulation created to generate additional income.

How unfortunate it is that our nation’s capitol is going to such lengths to create regulations that do not serve the public, present extremely unfair taxation, and create a complete injustice to those looking for alternatives to tobacco. Previous nationwide e-cig taxes were always a hot topic, however DC has taken it to new levels of extreme. Regulations that serve the purpose to offer standards, safety, and fairness to all parties involved make absolute sense; but to single out one niche market, potentially driving business away from small businesses, and making it harder for consumers to access these items is an absolute injustice. It is our hope that more locales do not follow in the disgraceful footsteps of Washington DC!

E-Cigarettes Banned in National Parks

National Parks Ban Electronic CigarettesThe great outdoors. Nature’s way of telling us to slow down, relax and immerse ourselves within its surroundings. Our nation’s National Parks are the perfect venue for a good time away from the concrete chaos, and it never hurts to have a little motivation in the chillax department with a good vape in hand. Yet the aforementioned is all fine and well, so long as the vape stays out of site – as in off-site.

As of now, the National Park Service has issued a ban on all electronic nicotine delivery systems (ENDS), better known as e-cigs and vaporizers, within the U.S. National Parks system.

Put into action immediately, National Park Service Director Jonathan B. Jarvis released a statement citing the health of visitors and employees as the goal behind this regulation. This law echoes the National Park’s stance on traditional cigarettes, which have been entirely banned from use on all National Park property.  This extends to all government facilities, concessions, and vehicles. As noble of a regulation it may appear to be, it is misleading for a government agency to institute a law based on comparison to an entirely separate product, which is used in an entirely different manner.

What the National Parks Service fails to recognize is that the vapor emitted from ENDS, or electronic nicotine delivery systems, is an entirely separate, entirely different substance. It is not in any way, nor can it be classified in any way, as smoke. No tobacco is contained in these products, no tobacco is lit with fire, burned, or emitted in any way. If the aim was to legitimately protect guests and employees from smoke, (which is obviously proven to be dangerous) the measure should have been tailored to restrict smoke. Vapor, on the other has not, and it is an absolutely misrepresentation to classify it the same. Doing so removes options for visitors who choose not to smoke, yet still wish to enjoy an alternative product.

The bottom line here is that while e-cigarette regulations are necessary, particularly regarding  e-cig regulations and public usage, it is a sad day when government entities create regulations that are based on erroneous assumptions, and leave users without options. Perhaps this is an instance that will get modified in the future. Until then, however, vapers will have to enjoy the National Parks vapor-less.


FDA Requests Public Opinion About E-liquid Packaging

regulations concept

One of the biggest issues driving the debate about e-cigarettes is minors being able to access the products. One aspect of this debate is young children accidently ingest e-liquid. That is one of the big reasons why it’s so important to store your e-cig supplies properly.

This June, the FDA released new rules regarding how it plans to regulate e-liquid labeling, child-proofing and packaging. They’re calling it an advance notice of proposed rulemaking. Currently, this is just an open dialogue with public of what the FDA is considering and the release of this document is intended to generate comments from the public.

In the document, which is broken into sections, the FDA shows that they remain curious about how the public feels regarding the treatment and sales of e-liquid, as well as how other tobacco-like products are marketed.

Specifically, the FDA wants public opinion and additional information about:

  • The warnings that should be included on e-liquid containers (specifically the level of detail they should go into);
  • Any dangers of e-liquid they should specify (This could be anything from keeping e-liquid out of the reach of kids and pets to nicotine-related dangers.); and
  • Data and research results pertaining to nicotine exposure warnings and child-resistant backpacking on existing products.

This latest release gives no indication of the plan that the FDA has for e-cigarette product label regulation. Proposals so far have included making uniform flavor names or even colors of the liquids themselves. Some say that this information would be helpful since there is still much concern and controversy present in the vaping industry—namely over using recognizable images on e-liquid bottles.

The thoroughness of this document shows that the FDA is growing ever closer to finalizing their plans for regulating e-cigarettes and e-cigarette accessories. Expect, when the regulations do come out, that they require warnings about nicotine (like those found on tobacco cigarettes) and bottles that are childproof.

In reality, none of the items up for regulation discussions are groundbreaking or detrimental to leading vaping companies like EverSmoke. When the time for regulation finally comes, we’ll make all the necessary updates and keep selling you high performing e-cigarettes with delicious e-liquid.

To keep abreast on any changes made to these plans, check back with EverSmoke’s blog and knowledge center.

New Indiana Regulation has E-Liquid Manufacturers and Vape Shop Owners Steaming

Next July, Indiana will start enforcing a new law regarding e-cigarette sales. House Enrolled Act 1432 will require manufacturers in the state to have a permit from the Indiana Alcohol and Tobacco Commission in order to continue producing e-liquid.

In addition, to having to obtain a permit, companies that produce e-liquid will also have to hire 24/7 security on site where the e-liquid is produced and stored, as well as have their blueprints on file. As an unintended consequence, the new regulation could lead vape storeowners to lose part of their inventory if manufacturers fail to meet the requirements.

According to at least one local vape storeowner, Troy Leblanc, this could mean that upwards of “[f]ifty to 60 percent of the liquids that we sell would have to be taken off the shelf because they come from companies who use certified labs, who use clean rooms, but don’t have the money to take security measures the Indiana state is requiring.”

Vape storeowners like Leblanc probably won’t lose all of their e-liquid, as companies that produce e-liquid in sealed (filled) cartridges are exempt from these rules; however, this is a fairly dull silver lining.

Leblanc feels the new restrictions will prevent vape shops from opening in Indiana, saying instead they will cross the border into Kentucky and take their valuable tax dollars with them.

The attorney general will be in charge of the state’s defense. According to Greg Zoeller, Indiana Attorney General: “The Indiana Attorney General’s Office is fully prepared to defend state laws the Legislature passed from legal challenges that plaintiffs’ lawyers file.”

This is just one of the many challenges that e-cigarette producers, sellers and vapors smokers are facing right now all across the country. To keep abreast in the changes happening in the world of e-cigarettes, browse EverSmoke’s blog and learning center.

After you’ve studied up, don’t forget to check out our awesome vaping products, accessories and supplies in our online store.

British TV Allowing E-Cigarette Advertising

hispanic sports fan with popcorn watching television

E-cigarette advertisements have become much more commonplace in the U.S. in the last few years as smokeless nicotine delivery devices become increasingly popular. Until recently though (the end of 2014 to be exact), e-cigarettes were banned from British television programming altogether.

Now, however, the rules are changing and e-cigarette manufactures will be allowed to expand their advertisements on British TV.

Before now, British rules for e-cigarette advertisements did not differentiate between electronic and tobacco cigarettes. E-cigarette manufacturers were allowed to advertise their brand on British TV; however, it was illegal actually to show an actual e-cigarette.

Under the new Committee of Advertising Practice (CAP) guidelines, in order to show an e-cigarette on TV the advertisement needs to follow certain rules. For example:

  • E-cigarettes cannot be presented in a way that appeal to minors. The CAP rules mention specifically that e-cigarette adverts can’t look like they’re suggesting a “youth culture”
  • Adverts cannot suggest non-smokers take up vaping
  • The words ‘safer’ and/or ‘healthier’ cannot be used
  • The adverts also cannot make health claims, unless they have special permissions

The BBC reported on one of the first e-cigarette advertisements to appear on British television. The TV ad showed a group of friends seen vaping and exchanging information about how e-cigarettes have changed their lives while enjoying a meal together.

Many e-cigarette manufacturers feel that this first step in lightening vaping restrictions is not only good for business, but also good for the public. A chief executive of one e-cigarette maker stated, “The new advertising rules are a positive step to show people how vaping can help them move away from tobacco products.”

Here at EverSmoke, we agree that it’s a positive thing to be able to show people that there are better options when it comes to nicotine delivery. If you’re looking for a high-quality alternative nicotine delivery system, look no further than EverSmoke!

If you haven’t already, we invite you to check out our diverse selection of vaping products. Plus, be sure to browse our vaping blog and knowledge center for more info about vaping in general.

Where to Vape and Where NOT to Vape


The question of whether or not e-cigarettes are a better alternative to smoking traditional cigarettes is clear. However, the question of where to vape and where not to vape is becoming more difficult to answer. This is mostly due to city and state government’s interests in regulating the use of e-cigarettes in public places. As an electronic cigarette user, or as someone interested in trying e-cigarettes, it’s a good idea to stay up-to-date on your local vapor smoking  regulations.

The conversation surrounding the use of e-cigarettes and vaping in public has expanded from city governments to state governments. California’s senate has shown interest in limiting the locations where an individual could vape in public, much the same way tobacco use is prohibited in places like restaurants, public transportation, etc.

But to better understand where to vape and where not to vape, it may be best to look at cities that have passed, or are considering passing, e-cigarette legislation.

Los Angeles, for example, banned the use of e-cigarettes in public places such as bars and restaurants. Smaller cities too, such as Ashville, NC, are looking to pass city ordinances that prohibit the use of e-cigarettes on public transportation or in city premises, such as the regional airport and public parks .

So, where CAN you vape?    

Ultimately, the answer to this question will be up to your local ordinances and government officials. However, as a general rule, it’s a good idea to avoid vaping in places like government buildings, schools, hospitals, and airports. By practicing good vaping etiquette  you’ll avoid any negative confrontations.

Deciding whether or not you should vape in places such as restaurants and bars might require a bit of research on your part. But if you can’t find any information for e-cigarette legislation  in your city or state, don’t be afraid to just ask the owner or manager of the business you’re visiting.

If you still have questions about where you should vape, don’t worry. Eversmoke is here to help you. Stay up-to-date on e-cigarette legislation by browsing our knowledge center or blog.

E-Liquids: Childproof Bottles Are About to Happen Everywhere

Childproofing Nicotine E-LiquidWhile the current state of regulations that involve electronic cigarettes and all related products is far from being set in stone, one area that has received complete and overwhelming approval from all sides is in regards to e-liquid companies and brands carrying them, being required to have child-proof caps on all bottles to prevent unnecessary accidents. While no concrete laws are set in place yet, certain bills requiring companies to have child-proof caps on e-liquid bottles are being reviewed across the country.

The subject of nicotine liquid getting into the hands of children has been a hot topic for the industry for a while now, and with the popularity of e-liquid usage consistently on the rise, and more and more brands emerging, and more people vaping in general, this regulation could not come at a better time.

Despite how enjoyable nicotine is, it does come with some risk and it is very responsible and wise to put the safety of children first. The risks come whether the liquid is handled with bare hands, or gets accidentally ingested, and while for adults the consequences may not be that bad, for children in this predicament, they could be highly dangerous, and in rare cases, even deadly.

While EverSmoke is a brand that does not sell any liquids individually, per se, we are fully in support of this type of reasonable e-cigarette regulation. Our line of e-cigarette cartridges do contain liquids in them, however it is very difficult to access the liquid, unlike with bottles of e-liquid, which can be easily mistaken for other things. Our sister brand, VaporFi specializes in nicotine e-liquids, and they have long been using child-proof caps on their bottles, seeing it as the right thing to do.

Electronic cigarettes, e-liquids, and all products of this genre are intended to be used by adults, and never by children, so taking measures to further keep them from being used by people who should not be using them is the responsible way to go.

CDC Paints a Target on Electronic Cigarettes

blonde woman using e-cigarette

The Centers for Disease Control and Prevention (CDC) has recently targeted the electronic cigarette industry with negative advertising cautioning people against nicotine delivery devices, highlighting the various diseases associated with tobacco use.  It appears that once again the vaping industry is being lumped in with the tobacco industry – even though they are two entirely separate entities.

The CDC contends that since there isn’t enough information about the long-term safety and effects of electronic cigarette usage, they should not be promoted.  Of course, many vapor smokers think that’s the point exactly—that there is not enough known about the devices to compare them to traditional cigarettes.

One electronic cigarette shop owner named John McCullough said to reporters that he would never tell a customer that vaping is 100% safe (and neither would EverSmoke), but the industry is too young for unbiased research to show how good or bad electronic cigarettes are.

“The industry is 7 or 8-years-old,” he said.  “We need another 20 before we can actually say, ‘This product is safe,’ or ‘This product is bad,’ and why it is safe or bad.”

Millions of people have begun turning to electronic cigarettes as a better alternative to traditional smoking, which is proven to be harmful to your health and home.  The e-cig alternative has also opened up more doors for people to be able to vape in places that otherwise are banned from traditional smoking.

Electronic cigarettes are considered a breath of fresh air because the vapor released is not an offensive smell like the smoke from cigarettes.

While more research needs to be done, there are countless vaping existing studies that has been conducted on these devices up to this point which we encourage you to read so that you can form your own opinion rather than mistaking misinformation for fact.

At EverSmoke, we have worked hard to provide a library of online resources for smokers trying to get better educated about electronic cigarettes. For starters, visit our blog and knowledge center. Also, feel free to contact us about any questions you have about our products or vaping in general.