Following the recent Federal Court ruling in favor of the vaping industry in the State Of Indiana, a great deal of misinformation has been posted and circulated throughout social media. Despite the fact that a large part of the monopolizing law has been deemed unconstitutional due to its stranglehold on Interstate commerce, as of right now, nothing has changed.
The Indiana Smoke Free Alliance has spent the majority of this week fielding calls from manufacturers around the nation, hoping to once again do business in the Hoosier state. Last night, Amy Lane — President of the Indiana Smoke Free Alliance– released a comprehensive statement to explain the current state of affairs.
ISFA is asking ALL companies throughout the nation to BE PATIENT through this process. There are a lot of moving parts in play and immediate access to Indiana is NOT possible today.
PLEASE CONTACT ISFA FOR QUESTIONS – we are here to help!
The ultimate and permanent fix lies with SB1 which will truly bring access back to Indiana. ISFA is working directly with Senator Randall Head, the Bill sponsor, along with Leadership in the Senate and House to incorporate the new Federal ruling into SB1. We are confident that SB1 will be the vehicle that returns business to Indiana and allows reasonable regulations to ensure the safety of Indiana consumers. If you really want access back in Indiana, donate to Indiana Smoke Free Alliance’s efforts by showing your support of SB1. ALL companies who donate will be recognized on our site as supporters of this tremendously successful campaign. Visit our website at www.insmokefree.org today to donate!
Clarifications on the Federal Appeals Court Decision:
• NO companies CANNOT start selling into Indiana immediately
• Manufacturers, Distributors, Brand Holders, or Retail companies who are located outside the state of Indiana cannot sell into the state without a permit issued by the Indiana Alcohol and Tobacco Commission
• In state companies must still follow the current law that is in place- retail can only purchase from the seven current permitted manufacturers in the state
• The permit application period closed as of June 30, 2016 for instate and out-of-state companies to obtain an Indiana Manufacturers Permit
• “The Indiana Alcohol & Tobacco Commission cannot issue new permits or allow additional manufacturers to produce e-liquid in or to be sold in Indiana until the District Court for the Southern District of Indiana has received the certified opinion from the Seventh Circuit and issued its revised final order consistent with the appellate court ruling”- from the ATC website
• All of the current violations, fees, etc are still in effect for Indiana businesses. ATC can still choose to enforce these on your business if you are not carrying products from a valid permit holder
Show your support for SB1 by donating and revel in the victory that the Right 2B Smoke Free Coalition has won! This sends a powerful message to ALL Statehouses in the union that putting onerous laws on the books clearly violates the state’s ability to dictate monopolistic provisions to other states via extraterritorial reach. This is a victory on precedence and these types of violations WILL be deemed unconstitutional!
We here at Guide To Vaping support all advocacy efforts and truly appreciate the hard work being put in by the R2B Smoke Free Coalition and the various groups around the country. Power comes from unity and as a good friend said to me a few days ago, it takes action to get great results.