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Vaping and e-cigarette use has exploded in popularity over the past decade. These battery-operated devices heat liquids into an aerosol for users to inhale. While initially marketed as a safer alternatives to smoking, vaping has drawn increasing scrutiny from regulators and lawmakers. Concerns have grown around vaping’s appeal to youth, unknown long-term health effects, and links to lung illnesses.
In response to these public health worries, several states have moved to outright ban certain vaping products or sales. This article will examine where vape bans have been implemented in the U.S. and what each law prohibits.
State-Level Bans on Vapes
Massachusetts – In November 2019, Massachusetts became the first state to institute a permanent statewide ban on all vaping product sales (1). This covers online and retail sales of e-cigarettes and vaping supplies to both consumers and businesses.
New York – In September 2019, New York banned the sale of all flavored nicotine vaping products, except tobacco flavors (2). The ban applies to both online and brick-and-mortar retailers. Menthol flavored e-cigarettes faced a separate ban in April 2020.
Michigan – Michigan instituted a similar ban on flavored nicotine vapes in September 2019 (3). All flavors except tobacco have been prohibited for sale. This includes menthol and mint flavors.
Rhode Island – Rhode Island’s ban took effect in April 2020 and covers flavored vapes across the board – including THC, CBD, and nicotine products (4). The law does exempt unflavored vaping products.
Washington – Washington state specifically targeted flavored vape pods popular among youth when enacting its 120-day emergency ban in October 2019 (5). The ban has since been renewed and expanded to prohibit all flavored vape products.
Oregon – Oregon instituted a six-month ban on all vaping device sales in October 2019 (6). While the comprehensive ban has expired, the state continues its prohibition on flavored nicotine and cannabis vapes.
Several other states, like Vermont and Utah, also considered bans but they were not ultimately enacted. At the federal level, the FDA proposed banning all pod-based vaping systems but has yet to issue a final rule.
Reasons for State Bans
Concerns over skyrocketing rates of teen vaping were the primary driver behind several state bans. According to CDC data, over 2 million high school and middle school students reported using e-cigarettes in 2019 (7). Flavored options were especially enticing to youth. Some lawmakers also cited the outbreak of vaping related lung illnesses in enacting prohibitions until more research could be done.
Public health advocates continue to support strict measures to curb access and appeal of vaping among impressionable young people. On the other side, vape businesses and some adult users argue bans could push people back to more harmful smoking habits. There are also concerns that complete bans encourage a black market of unsafe products.
Impact and Challenges of Bans
The impact of state vaping bans is still developing. In Massachusetts, retailers reported massive revenue declines following implementation of the ban (8). However, teen usage also dropped substantially according to survey data. In Rhode Island, vape shops sued to block the ban but were unsuccessful (9). However, an industry group’s lawsuit did prompt Oregon to lift its initial all-encompassing ban.
Enforcement has proven challenging in some areas. Many vape shops in New York continued selling flavors illegally before eventually complying (10). Budget cuts also impacted enforcement capabilities in some states. The bans have driven more vapers to buy products online or travel to neighboring states to purchase them. This makes steady supply and tax revenue hard to predict.
Ongoing Debate and Future Predictions
The debate around vape bans continues across the country. While states like Massachusetts and Rhode Island have comprehensive prohibitions, others have focused more narrowly on flavored nicotine products. Additional cities and counties have also passed local ordinances banning vape product sales.
It remains to be seen whether more states will follow suit with bans in the coming months and years. Much depends on emerging research around youth vaping trends and potential health consequences. For now, vapers and vape shop owners in states with bans must adapt to these policy changes or risk facing penalties. And public health advocates will continue monitoring youth access while pushing for stringent regulations on these rapidly evolving products.
References:
- https://www.mass.gov/info-details/massachusetts-state-law-about-vaping-products
- https://www.governor.ny.gov/news/governor-cuomo-announces-emergency-executive-action-ban-sale-flavored-e-cigarettesSOM – 404 – Page Not Found
- https://risos-apa-production-public.s3.amazonaws.com/DOH/REG_9410_20190709144651.pdf
- https://www.doh.wa.gov/Newsroom/Articles/ID/1169/Updated-vaping-information
- https://www.oregon.gov/oha/PH/PREVENTIONWELLNESS/Documents/OHA%202390%20exec%20order.pdf
- https://www.cdc.gov/tobacco/data_statistics/fact_sheets/youth_data/e-cigarettes/index.htm
- https://www.bostonglobe.com/2020/01/28/marijuana/one-month-massachusetts-vape-ban-sales-are-way-down-vapers-are-grumpy/
- https://filtermag.org/rhode-island-vaping-ban-lawsuit/
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