New York New York introduced a flavour ban in 2020 citing a rise in the
numbers of underage vaping as the reason . The ban covers all flavoured cigarettes and liquids apart from tobacco . It makes New York the largest state to ban flavours . We spoke to vape store owner Lane Shannon about his decision to carry on selling vapes at his store . “ The ban is catastrophic to the entire industry .” Lane says . “ The reaction was a mixture between fear and anger . This is a life-saving technology and it was a consumer driven answer to a problem that the government couldn ’ t solve .
Now the government wants to regulate the solution but they are still allowing cigarettes to be sold . We are not going to allow the less harmful alternative to be taken away from consumers who choose not to smoke .”
Rhode Island
Rhode Island was the third state to ban flavoured vaping products in 2020 .
Massachusetts
Massachusetts imposed a tax and flavour ban in December 2019 with the introduction of a law which also allowed police to seize vehicles in which they found untaxed vaping products .
Vapers can only obtain flavoured e-liquids by visiting a small number of special smoking bars but it is far from ideal to help smokers quit by making them visit stores where cigarettes are sold .
The ban also sparked a rise in black market vape products with the associated health and safety risks that this brings .
World Vapers ’ Alliance Director Michael Landl said : “ After the flavour ban was implemented , cigarette sales in the region increased , which makes it clear that flavour bans lead to more people going back to smoking . It is clear that the Massachusetts flavour ban has failed and even does harm to public health . If we want to reduce smoking-induced burdens , the ban needs to be reconsidered immediately .”
New Jersey
The New Jersey bill came into effect in 2020 . It prohibits the sale and distribution of e-cigarettes having a “ distinguishable flavour , taste or aroma .” There are also large fines for those who are a caught with $ 250 for a first offence . This rises to $ 500 for a second offence and then $ 1000 per incident .
Rui Alves from Ironbound Vapes changed from a vape store to a newsagents after the ban meant demand dropped . Rui said : “ Most , if not all , of my former customers have gone back to cigarettes and I ended up selling whatever inventory I had left to the few remaining customers I did retain . It ’ s sad and tragic that the government decided to ban flavours limiting them to only tobacco and menthol . This decision caused thousands of not millions in the state to revert back to smoking .”
Governor Gina Raimondo introduced legislation , H7171 which includes an 80 percent wholesale tax on e-liquids and a 35 mg / ml cap on nicotine content .
The new rule includes a licensing scheme for stores and requires newly licensed businesses to “ self-certify … that none of the electronic nicotine-delivery system products they sell , or offer for sale , or possess with intent to sell or offer for sale to consumers in Rhode Island are flavoured electronic nicotine-delivery system products .”
California
Towards the end of 2020 , California passed bill SB 793 which would have brought in a ban on flavours , small cigars and menthol cigarettes . It would not make it a crime to own flavoured vaping products but store owners would be fined for selling them . It also places mail order restrictions too .
A campaign against the ban gained more than 623,000 signatures which has delayed implementation of the measure . The state must now verify that the signatures are legitimate , and if found to be valid , voters will be asked to decide whether the ban should become law in November 2022 .
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It is clear that the Massachusetts flavour ban has failed and even does harm to public health .
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