Dear Editor,

In response to a Jamaica Observer article, ‘E -cigarettes not banned, Health Ministry says’ published Tuesday, September 16, 2014, I must say that is not true. What Dr Kevin Harvey indicates is not the reality.

The Ministry of Health has failed to specify what it is that it requires in supplementary documentation. And, Mrs Thomas-Osborne has been less than forthcoming with clarifying the matter, stating point-blank in a meeting with me that she will not issue a permit.

To offer some background on my perspective, Vapor Whizz’s plight to attain a Customs permit to import electronic cigarettes and its components started from September 2013. It started with a phone call to Customs, where it was learned that the permit comes from the Ministry of Health. I contacted that ministry, where I was told to come by King Street and pick up a “yellow form”, complete it, and submit the product details the form required. That was done. The fee and completed documents were brought to the ministry in November 2013 and they refused. The response was that it was “not correct”. Since then, my partner and I have placed several phone calls and made visits to the ministry, including meetings with Mrs Thomas-Osborne, to no avail. No one is able to explain what it is that they are requesting as supplementary documentation. They also decided the “yellow form” was not the correct form and to this day they cannot tell me which form it is they want us to complete. At some point they were anchoring their argument on the Tobacco Regulations Act, 2013 which did not support anything they were saying. The Act requires particular labelling, which we were, and still are, prepared to do. It stipulates location of use, which was also recently adjusted when the Act was amended. It says nothing about the product itself being illegal. Otherwise, why are there still cartons of cigarettes for sale on shelves and even at the airport?

We’ve got a lawyer involved who spoke with the Legal Department and we were sent a letter saying that we should resubmit our application for the permit. We’ve been trying to clarify what is it that they want us to submit since the first submission was supposedly on the wrong forms. This is when my personal face-to-face meeting with Mrs Thomas-Osborne occurred and she flat out said she would refuse to grant any permits. She denied any knowledge of the letter, though it has her copied (cc’d) on it. My lawyer has not got any response from her or her office and we’ve been just waiting to hear from her and/or the Ministry of Health.

So now, to see this in the news is irritating in the very least. I cannot speak for anyone else, or any other companies, but we have been waiting to hear from the ministry about its requirements. Dr Harvey, please communicate with Mrs Thomas-Osborne and her office, Customs, the remainder of the Ministry of Health, and all associated offices so that it can be one cohesive understanding of the process. As it stands, we are currently at a disadvantage because we want to conduct business through all the proper legal channels and the people in charge of those same channels are absolutely ignorant. I trust not wilfully so.

J Allen

Vapor Whizz

vaporwhizz@gmail.com