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How a US state ’ s vape flavour ban fuelled a ‘ meteoric ’ rise in black market products and cost an estimated $ 10M in lost tax revenue .
Words : Patrick Griffin
t has been over two years since Massachusetts imposed America ’ s ‘ toughest ever ban ’ on the sale of flavoured vaping and tobacco products . Not only did the November 2019 Tobacco Control Law ban all flavours it also imposed a punitive 75 percent excise tax on the few products left untouched .
Both the American Cancer Society and the Campaign for Tobacco- Free Kids enthusiastically supported the first US permanent statewide flavour ban , but harm reduction advocates saw the dangers ahead .
Tony Abboud , executive director of the Vapor Technology Association , unsuccessfully challenged the ban in court and warned : “ Bans don ’ t work ; they never have .”
It may come as little surprise , but Tony was right . The black market in contraband vape products is booming like never before and last year alone , a record 200,000 e-cigarette products were confiscated .
It has been estimated that Massachusetts has lost $ 10 million in tax revenue as a result of the new black market in vape products .
Americans for Tax Reform , which campaigns for lower , simpler and more transparent taxation , described the increase in bootleg vape products as ‘ meteoric ’. Writing on the ATR website , Garrett Smith said : “ These laws were passed in denial of scientific studies proving that electronic cigarettes are 95 percent less harmful than traditional combustible cigarettes and are the most effective method of getting smokers to quit .
“ Massachusetts state legislators also ignored data which shows that regulation on tobacco products is directly correlated with increased rates of tobacco smuggling – a black market industry which the United States Department of Defense has called ‘ a threat to national security .’
Americans for Tax Reform has called for Massachusetts to scrap the Tobacco Control Law but said legislators had opted to ‘ double down ’ on anti-vape laws instead . Smith added : “ Instead of admitting defeat the state of Massachusetts has decided to enact authoritarian measures to enforce a ridiculous law .
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