Village to help vaping company fight FDA’s regulations

Earlier this week, the village board of Hartland agreed to step in and assist a local business fight the repercussions which were brought about by the FDA’s deeming rule.

Diane Caruana

February 16, 2017

Johnson Creek, was the first e-liquid producer established in the states, and between direct-to-consumer sales, wholesale bulk e-liquid, and distribution to brick and mortar stores, they are the second largest e-liquid manufacturer in the world.

Facing $200 million in fees

However, even this company is in peril. The FDA’s rule requiring the registration of every product introduced after February 2007, could put them out of business. Johnson Creek has over 200 e-liquids that were introduced to the market after 2007. The company’s president and chief operating officer Heidi Braun, said that with each application costing approximately $1 million, Johnson Creek would have to pay about $200 million in fees if it submitted an application for each flavor.

The company’s president and chief operating officer Heidi Braun, said that with each application costing approximately $1 million, Johnson Creek would have to pay about $200 million in fees if it submitted an application for each flavor. “We’re absolutely for regulation, but we’re for stable and right regulation, not something that could put us out of business or cost us millions of dollars.”Heidi Braun, President and chief operating officer, Johnson Creek

Hartland is a village in Waukesha County, Wisconsin, with a population of approximately 9,110 as of a census carried out in 2010. Luckily the village’s seven-member board voted unanimously at its weekly meeting, approving a request to have the village assist the e-liquid company in negotiating with the FDA, hoping to alleviate the negative impact of the agency’s regulations.

“We’re absolutely for regulation, but we’re for stable and right regulation,” Braun told the village board. “Not something that could put us out of business or cost us millions of dollars.”

A village thats taking matters in their own hands

An article published yesterday on Lake Country Now, said that Linda Hansen of the Electronic Vaping Coalition of America, told the village board that federal laws allow local governments to interfere with federal agencies if regulations or laws will affect a business within its boundaries. She added that these laws have been used often and successfully.

The village board members have been very supportive. Village Trustee Rick Stevens pointed out that vaping helped him quit smoking, a deadly habit he had for over fifty years. “You’re hooked on the nicotine; you’re not hooked on tobacco. I don’t know what the big problem is,” Stevens said.

“Our government is trying to put you out of business because you have something that’s working? That’s strange,”Village board member, Michael Myers in a sarcastic tone.

Village President David Lamerand told Braun that he supported and welcomed the company in Hartland, while village board member Michael Myers said that the FDA’s regulations are crippling Johnson Creek Enterprises, and they have to be stopped.“Our government is trying to put you out of business because you have something that’s working? That’s strange,” said Myers sarcastically.