Nicotine - Illicit, Bootleg, & Alternative Markets

Safer nicotine wiki Tobacco Harm Reduction
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Regulations, Laws, and Money motivate people to circumvent the rules and to seek alternative ways to get products to consumers. As lawmakers look at future regulations, they must consider the unintended consequences of those regulations. This page will attempt to track some of those consequences.

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Avoiding Taxes

2020: Article: Native American Reservations a Haven for New York Vape Shops

  • New York State’s 20 percent excise tax on vapor products and nearly 9 percent sales tax also do not apply to the Shinnecock and other tribes. Essentially, Silva said, patrons can spend almost 30 percent less than they normally spend, and nobody has to worry about breaking the law.


Black Market

2020: Article: Native American Reservations a Haven for New York Vape Shops

  • “I’m going to speculate, but I think the black market is still so significant that we’re not seeing any spillover,” he said of his solid business so far. “You would figure that we’d be stampeded. That’s not been the case.”


2019: Article: Banning flavored tobacco will create problems for law enforcement, ex-State Police leader says

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2016: Video: Black market tobacco floods Australian market

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2015: Understanding the U.S. Illicit Tobacco Market

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2020: Article: Vape law seen as boosting $10B illegal market

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Counterfeit

2020: Article: State police: Man was peddling counterfeit vape devices

  • Massachusetts, USA
  • He was charged with sale of electronic nicotine systems with expired registrations and with forging stamps and symbols.


2019: Video: Fake Cigarettes from Blumentritt

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Crossing Borders / Alternative Locations

2020: Article: Native American Reservations a Haven for New York Vape Shops

  • Because they are members of the tribe and conduct business on their sovereign land, the New York State flavor ban does not apply.


Flavor Ban Loopholes

  • NOTE: a quick google search will find thousands of blogs, articles, and videos on how to flavor off the shelf products or how to make your own products from scratch. Most of these "resources" fail to give any type of information on what flavorings should or shouldn't be used (such as don't use oily products). The information on google will tell you how to flavor cigarettes, cigars, pipe tobacco, shisha, chewing tobacco, and liquids for vapor products. We will provide a few examples below.


2020: Article: Tobacco firm’s new Rizla cards to get round 2020 menthol cigarette ban slammed by charity

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2020: Video: Turning heatsticks/cigarettes into menthol

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2020: Article: Teens find a big loophole in the new flavored vaping ban and the news has caught on fast

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2015: Video: Smoking tips how to make Cigarettes taste menthol

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2011: Video: Flavoring Shredded Tobacco

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