Many State Bans on Flavored Vape Still Stand
By Angel Abcede on Mar. 10, 2020CHICAGO — Since September 2019, at least nine states have taken significant steps to regulate flavored vaping products, ranging from executive orders banning flavors to restrictions on all menthol products at retail.
Soon after governors and health officials began announcing their plans, lawsuits seeking injunctions emerged. Those lawsuits had varying results. Tony Abboud, executive director of the Vapor Technology Association (VTA), Washington, said his organization has filed lawsuits in at least five states, with varying results.
“We built the association to defend all segments of the industry broadly,” Abboud said. “Its primary purpose is to maintain a diverse market of flavors and devices.”
Since last fall, some measures have fallen by the wayside, while others remain or are about to become law. Here’s a state-by-state update on regulations on flavored vaping ...
Massachusetts
In September 2019, Massachusetts enacted a temporary ban on all vaping products. By November, Gov. Charlie Baker had signed legislation continuing that ban and including all menthol-flavored tobacco and vaping products. Lawsuits in that state led to a draw, allowing the initial regulations to stand. All flavored vaping products are currently banned, while retailers must pull menthol cigarettes by June 1, 2020.
Michigan
Michigan initiated a flavor ban in September 2019, which a judge blocked in October with an injunction. The matter is currently under litigation.
Montana
Montana initiated a flavor ban in October 2019, but a lawsuit put the ban on hold. When a judge ruled in favor of the state in December, officials enacted a 120-day ban, which would expire in mid-April 2020.
New Jersey
In January 2020, state officials in New Jersey outlawed all flavors in vaping products, which first included and then excluded, menthol, mint and wintergreen. The ban is scheduled to go into effect April 20, 2020.
New York
New York Gov. Andrew Cuomo initiated an executive order in October 2019 to ban all flavored vaping products, excluding menthol. A lawsuit resulted in an injunction barring enactment of the new rule. In December, officials extended the ban for 90 days, but it remains inactive pending litigation.
Oregon
Oregon initiated a ban on all flavored vaping products in October 2019, but a lawsuit resulted in an injunction barring enactment of the new rule. In February, lawmakers declined to pursue the ban, the Oregonian reported.
Rhode Island
In October 2019, Rhode Island initiated a flavor ban on all vaping products, excluding menthol. An attempt to block the new rule failed in the courts, allowing the ban to stand. The state is considering an extension of the ban.
Utah
The Utah state health department issued an order in October 2019 to ban flavored vaping products. A lawsuit ensued, resulting in an injunction. The state pulled back on its plans for a ban; in January 2020, it released new proposals focusing on retail signage.
Washington
In October 2019, Washington initiated a temporary flavor ban on all vaping products, excluding menthol. An attempt to block the new rule failed in the courts, allowing the ban to stand. In February, legislators allowed vaping products back onto the market but only to customers 21 or older, in accordance with the state’s new buying age law, according to the Seattle Times. The initial ban also expired in February.