Last July, CASAA reached out to our members and allies with an urgent plea for funding. We spent the summer and into the fall approaching potential donors, but fell short of our goal. In turn, CASAA continued cutting costs to the point that we were no longer able to support our small staff of two paid employees. Since August of 2024, CASAA is completely run by volunteers. We have secured funding to enable us to continue our legislative advocacy efforts until August of this year. But beyond that, we do not expect enough future support to continue in any meaningful way.
It is with mixed emotions that we are taking this opportunity to announce that 2025 will be CASAA’s last year of active engagements. While we will be ceasing our legislative advocacy at the end of August, our website, CASAA.org, remains a valuable educational resource documenting the history of vaping, explaining tobacco harm reduction, and celebrating the consumer-led revolution in adoption of safer nicotine products. CASAA will use some of our remaining funds to keep the website active, although we anticipate transforming it into a legacy site. This means that information contained on the site will be pared down so that the site will require little maintenance.
Although we have gratefully received feedback from fellow advocates and industry leaders praising our efforts and noting the significance of our role in the consumer-led tobacco harm reduction movement, those accolades are rarely accompanied by financial support. For the better part of a decade, CASAA has articulated this dissonance by saying that it is absolutely appropriate for businesses to devote most or all of their advocacy budget to state and national trade groups.
While industry support has made up a significant portion of our funding, it was never expected that shops and manufacturers would pay for everything. Being supported by our consumer membership has allowed us to remain independent in our policy positions and advocacy messages that support affordable and legal access to safer alternatives to smoking. But that independence is fragile, and we experienced the consequences from bucking the narrative of the largest tobacco companies when we opposed policies that ban sales of unauthorized products — products that still make up more than 90% of the safer nicotine market.
Since 2009, CASAA has been a tireless voice of and for consumers who switched away from combustion to safer, smoke-free nicotine products. We have done this work on a shoestring, which is a testament to the power of our stories. CASAA has represented our members in city halls, state legislatures, and federal regulatory bodies, as well as shared the consumer view at professional conferences and in the media. We have brought to our work the heart and soul that only comes from genuine grassroots advocacy. Consmers are being recognized as a vital part of the debate over the responsible regulation of less risky tobacco and nicotine products, which is a pillar of CASAA’s mission.
We are not making this announcement from a place of desperation or futility. This is not the end, but merely a step in the evolution of consumers’ awareness, acceptance, and access to safer nicotine products and a healthier future.
Thank you for standing up for tobacco harm reduction!
Sincerely,
Alex Clark, Executive Director, CASAA
The Consumer Advocates for Smoke-Free Alternatives (CASAA) PO Box 2991, | Plattsburgh, New York 12901 Question? Email us at takeaction@casaa.org or call 202-241-9117
Since 2016 CASAA has been working cooperatively with ECigIntelligence, an independent information service focused on tracking regulatory change and market intelligence for the vape sector. CASAA assists them with their annual U.S. survey of adults who vape by helping them develop survey questions that aid us in our advocacy efforts and help take the pulse of the vaping community.
As we do every year, CASAA is asking our members to participate in this year’s survey with the goal of collecting 5000 responses!
WHY SHOULD YOU PARTICIPATE? The data collected from this survey will help inform regulators, advocates, and commentators as we all work to build policies that benefit consumers. The FDA in particular subscribes to this dataset and it can therefore serve as direct feedback on how their policies benefit or harm people who vape.
WHAT KIND OF QUESTIONS WILL YOU BE ASKED? The survey takes about 10-15 minutes to complete, and will ask you a range of questions starting with general demographic information like your age, gender, race, what state you live in, and your household income. Only a few of these demographic questions are required, however, so you can skip any you’d prefer not to disclose. After that you’ll answer a range of questions about your history of tobacco and vapor product use. The survey is anonymous, and none of the information provided can or will be used to personally identify you. You have the option of supplying your email at the end of the survey if you’d like to receive a summary of the results.
WHO CAN PARTICIPATE IN THE SURVEY? Adults over the age of 21 living in the United States who currently use or previously used vapor and tobacco products are encouraged to participate.
HOW ELSE CAN YOU HELP? After you’ve completed the survey, or if you are disqualified from participating but still want to help, please encourage your friends and family to participate! The goal of the survey is 5,000 respondents minimum, so every person helps!
Thank you for standing up for tobacco harm reduction,
Since 2016 CASAA has been working cooperatively with ECigIntelligence, an independent information service focused on tracking regulatory change and market intelligence for the vape sector. CASAA assists them with their annual U.S. survey of adults who vape by helping them develop survey questions that aid us in our advocacy efforts and help take the pulse of the vaping community.
As we do every year, CASAA is asking our members to participate in this year’s survey!
WHY SHOULD YOU PARTICIPATE? The data collected from this survey will help inform regulators, advocates, and commentators as we all work to build policies that benefit consumers. The FDA in particular subscribes to this dataset and it can therefore serve as direct feedback on how their policies benefit or harm people who vape.
WHAT KIND OF QUESTIONS WILL YOU BE ASKED? The survey takes about 10-15 minutes to complete, and will ask you a range of questions starting with general demographic information like your age, gender, race, what state you live in, and your household income. Only a few of these demographic questions are required, however, so you can skip any you’d prefer not to disclose. After that you’ll answer a range of questions about your history of tobacco and vapor product use. The survey is anonymous, and none of the information provided can or will be used to personally identify you. You have the option of supplying your email at the end of the survey if you’d like to receive a summary of the results.
WHO CAN PARTICIPATE IN THE SURVEY? Adults over the age of 21 living in the United States who currently use or previously used vapor and tobacco products are encouraged to participate.
HOW ELSE CAN YOU HELP? After you’ve completed the survey, or if you are disqualified from participating but still want to help, please encourage your friends and family to participate! The goal of the survey is 5,000 respondents minimum, so every person helps!
RELATING TO TOBACCO PRODUCTS; PROHIBITING THE SALE OF FLAVORED TOBACCO PRODUCTS; DEFINING TERMS; CONFORMING CERTAIN NOTICE REQUIREMENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 61-37-2 NMSA 1978 (being Laws 2020, Chapter 46, Section 2) is amended to read:
“61-37-2. DEFINITIONS. As used in the Tobacco Products Act:
A. “characterizing flavor” means a distinguishable taste or aroma or both, other than the taste or aroma of tobacco, imparted by a tobacco product or any byproduct produced by the tobacco product. A tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information;
[A.] B. “child-resistant packaging” means packaging or a container that is designed or constructed to be significantly difficult for children under five years of age to open or obtain a toxic or harmful amount of the substance contained therein within a reasonable time and not difficult for a normal adult to use properly, but does not mean packaging or a container that all such children cannot open or obtain a toxic or harmful amount within a reasonable time;
[B.] C. “contraband tobacco products” means any tobacco products possessed, sold, bartered or given in violation of the Tobacco Products Act;
[C.] D. “delivery sale” means a sale of tobacco products to a consumer in New Mexico in which:
(1) the consumer submits an order for the sale by telephone, over the internet or through the mail or another delivery system; and
(2) the tobacco product is shipped through a delivery service;
[D.] E. “delivery service” means a person, including the United States postal service, that is engaged in the delivery of letters, packages or containers;
[E.] F. “director” means the director of the alcoholic beverage control division of the regulation and licensing department;
[F.] G. “distribute” means to purchase and store a product and to offer the product for resale to retailers or consumers;
[G.] H. “distributor” means a person that distributes tobacco products in New Mexico, but does not include:
(1) a retailer;
(2) a manufacturer; or
(3) a common or contract carrier;
[H.] I. “division” means the alcoholic beverage control division of the regulation and licensing department;
[I.] J. “e-cigarette”:
(1) means any electronic oral device, whether composed of a heating element and battery or an electronic circuit, that provides a vapor of nicotine or any other substances the use or inhalation of which simulates smoking; and
(2) includes any such device, or any part thereof, whether manufactured, distributed, marketed or sold as an e-cigarette, e-cigar, e-pipe or any other product, name or descriptor; but
(3) does not include any product regulated as a drug or device by the United States food and drug administration under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Section 301 et seq.;
[J.] K. “electronic nicotine delivery system” means an electronic device, including e-cigarettes, whether composed of a heating element and battery or an electronic circuit, that provides a vapor or aerosol of nicotine, the use or inhalation of which simulates smoking;
L. “flavored tobacco product” means any tobacco
product that contains any ingredient, substance, chemical or compound, other than tobacco, water or reconstituted tobacco sheet that is added by the manufacturer to a tobacco product during the processing, manufacture or packing of a tobacco product, that imparts a characterizing flavor;
[K.] M. “knowingly attractive to minors” means packaging or labeling that contains:
(1) a cartoon-like character that mimics characters primarily aimed at entertaining minors;
(2) an imitation or mimicry of trademarks or trade dress of products that are or have been primarily marketed toward minors; or
(3) a symbol or celebrity image that is primarily used to market products to minors;
[L.] N. “licensee” means a holder of a license issued by the division pursuant to the Tobacco Products Act;
[M.] O. “manufacturer” means a person that manufactures, fabricates, assembles, processes or labels tobacco products or imports from outside the United States, directly or indirectly, a tobacco product for sale or distribution in the United States;
[N.] P. “minor” means an individual who is younger than twenty-one years of age;
[O.] Q. “nicotine liquid” means a liquid or other substance containing nicotine where the liquid or substance is sold, marketed or intended for use in an electronic nicotine delivery system;
[P.] R. “person” means an individual, corporation, firm, partnership, co-partnership, association or other legal entity;
[Q.] S. “retailer” means a person, whether located within or outside of New Mexico, that sells tobacco products at retail to a consumer in New Mexico; provided that the sale is not for resale;
[R.] T. “self-service display” means a display to which the public has access without the assistance of a retailer or the retailer’s employee; and
[S.] U. “tobacco product” means a product made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, including cigars, cigarettes, chewing tobacco, pipe tobacco, snuff, e-cigarettes or electronic nicotine delivery systems.”
SECTION 2. Section 61-37-3 NMSA 1978 (being Laws 2020, Chapter 46, Section 3) is amended to read:
A. A person shall not knowingly, intentionally or negligently sell, offer to sell, barter or give a tobacco product to a minor.
B. A person or a licensee shall not knowingly, intentionally or negligently sell, offer to sell, barter or give a flavored tobacco product.
[B.] C. A licensee shall not sell, offer to sell or deliver a tobacco product in a form other than an original manufacturer-sealed package, except for individually sold cigars or loose-leaf pipe tobacco.
[C.] D. A licensee shall not sell, offer to sell or deliver nicotine liquid in this state unless such liquid is in child-resistant packaging, except that for the purpose of this subsection, “nicotine liquid” does not include nicotine liquid in a cartridge that is pre-filled and sealed by the manufacturer and that is not intended to be opened by the consumer.
[D.] E. A manufacturer shall not produce and a distributor or retailer shall not sell tobacco products that are knowingly attractive to minors.”
SECTION 3. Section 61-37-15 NMSA 1978 (being Laws 2020, Chapter 46, Section 15) is amended to read:
“61-37-15. VENDING MACHINES–RESTRICTIONS ON SALES OF TOBACCO PRODUCTS.
A. Except as provided in Subsections B and C of this section, a retailer selling goods at a retail location in New Mexico shall not use a self-service display for tobacco products.
B. Tobacco products may be sold by vending machines only:
(1) in age-controlled locations where minors are not permitted; and
(2) if the tobacco products are not flavored tobacco products.
C. The sales and display of cigars may be allowed only:
(1) in age-controlled locations where minors are not permitted; and
(2) if the cigars are not flavored tobacco products.”
SECTION 4. Section 61-37-17 NMSA 1978 (being Laws 2020, Chapter 46, Section 17) is amended to read:
“61-37-17. SIGNS–POINT OF SALE. A retailer shall prominently display in the place where tobacco products are sold and where a tobacco product vending machine is located [a] printed [sign] signs or [decal] decals that [reads] read as follows:
A. “IT IS ILLEGAL FOR A PERSON UNDER 21 YEARS OF AGE TO PURCHASE TOBACCO PRODUCTS.”; and
B. “IT IS ILLEGAL TO SELL FLAVORED TOBACCO PRODUCTS”.
A crippling new federal tax on safer nicotine products and low-risk alternatives to smoking is being proposed as part of the funding bill for President Biden’s “Build Back Better” plan. This tax would severely limit Americans’ access to safer alternatives and would only punish people who are trying to quit smoking by making all nicotine and smoke-free tobacco products unaffordable.
Below is a table showing the devastating effects of this proposed tax on nicotine (TFN, synthetic, and tobacco-derrived), and how it would affect bottled e-liquids. These figures are just the extra taxes you’ll be paying and don’t include the cost of the e-liquid.
Vaping Noir 
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