A new law has brought common-sense regulation to an e-liquid and vaping industry that had grown addicted to the intoxicating mix of near total freedom, rapid growth and profitability. The lack of regulation of the industry had created a “wild west” environment, leaving consumers no idea what was in an e-liquid bottle, where it came from or who would be responsible for any harm it may have caused.
The result is a law requiring e-liquids sold in Indiana to be manufactured in facilities approved by the Indiana Alcohol & Tobacco Commission. The loudest voices of protest complain that the law’s requirements on security and production monitoring restrict competition by being overly specific, artificially restricting an e-liquid producer’s ability to comply. Indiana’s new law requires manufacturers to partner with a qualified independent security provider as a condition of receiving an operating permit. Without those standards, anyone with a clipboard and cell phone could claim to be a security provider.
The Vapor Association of Indiana commends the manufacturers that have earned state permits to produce e-liquids in approved facilities with proper labeling, batch tracking, and child-proof containers. These manufacturers are producing a variety of e-liquid flavors and formulations to replace those from unapproved sources.
Hoosier lawmakers have the power to make adjustments in the law, and several have indicated a willingness to review the new statute. We welcome this review and will contribute conscientiously, confident that real-world experience with the effectiveness of the new law will guide them to practical amendments as needed.
Michelle Baldwin Skaggs
general counsel at Vapor Association of Indiana