Tag: flavor ban

Three Entities Ordered to End New York Online Vape Sales

Credit: Mike Valdivia
The New York Attorney General’s office has ordered three online vaping companies to end the online sale of vaping products to consumers in New York.
Cloud X Vapes, HQD Tech USA, and PodVapes, have been ordered to cease and desist illegally selling vaping products. All three companies were found selling products to minors, offering flavored nicotine vaping products, including cotton candy, pineapple mist, and green apple, according to an article on informnny.com.
“Candy and fruit flavored vaping products exist to reel teens into the dangerous habit of smoking, which is why New York banned them,” said Attorney General Lititia James. “It is shameful that these companies attempted to skirt the law through sneaky, illegal online sales. We will not hesitate to hold those who put our children at risk accountable for their unlawful actions.”
Recent legislation in New York prohibits the sale of any nicotine product to anyone under 21, the sale of flavored nicotine product as of May 18, and the sale of vaping products online and through mail order to New York consumers as of July 1 2020.
July 20, 2020
No Decision Reached in Montana Flavor Ban Talks

Photo: Yekophotostudio | Dreamstime.com
Those advocating both for and against a proposed ban on the sale of flavored vapor products gave two very different opinions of the same product. During a virtual hearing on Thursday, proponents of flavored vapes said a ban would protect children from a lifetime of addiction to nicotine while those opposed claimed it was being unfairly targeted and helped smokers quit combustible cigarettes.
The ban, discussed during a two-hour virtual hearing held by the Department of Public Health and Human Services (DPHHS), would eliminate the sale, marketing, advertising or distribution of flavored electronic smoking products, also known as vaping, that target Montana youth, according to an article in the Great Falls Tribune.
No decision was reached Thursday, only public testimony was taken.
Comments can also be submitted in writing to Heidi Clark, DPHHS Office of Legal Affairs, PO Box 4210, Helena, MT, 59604; fax (406) 444-9744; or email dphhslegal@mt.gov. Comments must be received no later than 5 p.m. July 24.
July 17, 2020
Vapor Flavor Ban Meeting in Montana Set for Thursday

Photo: Dmitrijs Bindemanis | Dreamstime.com
Legislatures in Montana will have a hearing to discuss banning flavors in vapor products tomorrow, July 16. A legislative interim committee voted to object to the rule, though it’s not clear whether that will have any meaning beyond the symbolic, according to a story in the Helena Independent Record.
In June, the state Department of Public Health and Human Services proposed a rule that would ban selling flavored vaping products, saying the flavored products are “targeting youth users and inflicting grievous health effects on Montana’s youth.”
Vape shop owners argue that a ban on the sale of flavored products would seriously harm their bottom line and that the use of tobacco products by those under the age of 21 is already illegal.
In 2019 the state health department issued an emergency rule that banned the sale of flavored vaping products. During the ban, which expired in April, shop owners say their bottom lines suffered dramatically.
A few of those vaping shop owners testified before the state Legislature’s interim Economic Affairs Committee at the end of June, asking that committee to object to the rule. That came after the Legislature’s interim Children, Families, Health and Human Services Committee declined to take any action on the proposed rule, according to the story. The human services committee has rule oversight authority over the health department, not the economic committee.
State Sen. Jason Ellsworth, a Republican from Hamilton, contended that the interim Economic Affairs Committee on which he sits should have a say because of the anticipated business effects if the proposed rule moves forward. The state health department can finalize or change the rule after a public hearing and comment.
Before the committee’s 7-3 vote to object to the rule, several people testified about the harm flavored vaping products pose to children and young teens.
July 15, 2020
Montana Vape Shop Owners Plan to Challenge Proposed Ban

Credit: Sarah J
The state health department wants to resurrect a ban on flavored e-cigarette sales in Montana. A temporary ban enacted late last year expired several months ago, and now the agency wants to permanently ban the sale of almost all flavored e-cigarette products, according to an article by Montana Public Radio.
Some Montana vape retailers are vowing to push back hard on the idea, leading to what may be the next legal battleground between those retailers and the administration of Gov. Steve Bullock, according to the story.
Last November, Massachusetts became the first to roll out restrictions of all flavored tobacco products, including menthol cigarettes. New York, New Jersey and Rhode Island followed suit this year with bans on the sale of flavored e-cigarettes.
The proposal is being applauded by health officials and excoriated by industry businesses.
“I have a legal product in the state of Montana, a product that helps people,” Deanna Marshall said. “I am not going to stop selling this product.” Deanna and her husband Ron own Freedom Vapes, an independent e-cig retailer with stores in Bozeman, Belgrade and Hamilton.
“They can fine me, arrest me — whatever they have to do,” she said. “I’m going to keep selling it, and we’ll go to court then.” It wouldn’t be the first time the Marshalls and the local trade organization they belong to, the Montana Smoke Free Association, have squared off against the state health department.
Last fall, they sued to block the Bullock administration’s temporary ban on flavored vaping products. A district judge eventually upheld the ban.
June 19, 2020
Montana Latest State to Propose Ban on Flavored E-Liquids

Credit: Mark McCollom
The health department in the U.S. state of Montana is proposing a permanent ban on the sale of flavored vaping products in response to increasing youth e-cigarette use, the agency said Tuesday.
“This is a serious health issue in Montana that is causing major health consequences for our youth, driving a lifelong addiction to nicotine,” Sheila Hogan, director of the Department of Public Health and Human Services said in a statement.
An estimated 22,500 Montana middle and high school students currently vaping, the health department said in supporting the ban.
“Sadly, most individuals who are currently addicted to nicotine started using these products before the age of 18, and youth are enticed by the flavors,” Todd Harwell, the health department’s Safety Division administrator, said in a statement.
The department has the authority to adopt and enforce rules regarding public health issues. The agency will take public comments on the proposed rule during a virtual hearing on July 16, as well as by mail, fax or email through July 24.
June 17, 2020
Los Angeles Vape Shops Challenging Flavor Ban

Credit: John Caroro
A new Los Angeles County ordinance that prevents the sale of flavored tobacco products is being challenged in court by vape shop owners.
On May 4, CA Smoke & Vape Association and Ace Smoke Shop filed a federal lawsuit against the rule that also requires businesses to obtain two additional licenses and imposes new tobacco product standards according to legalnewsline.com, the “great majority” of vapor products and devices will be prohibited, the lawsuit says. It complains that products containing THC are exempted, even though it is “the primary source linked to the outbreak” of recent illnesses, the lawsuit states.
“Similarly, the ordinance makes no distinction between the black-market vaping products at the center of that outbreak and the FDA-regulated products produced by legitimate manufacturers,” the lawsuit states. “Instead, the ordinance implements a blanket prohibition on the sale of flavored tobacco products to all persons, threatening to destroy an entire industry and the livelihoods of Los Angeles County residents.”
The plaintiffs in U.S. District Court for the Central District of California case number 2:20-cv-04065 are represented by Jawlakian Law Group.

May 16, 2020
New York’s Flavored Vapor Products Ban Begins May 18

Credit: Dylan Nolte
Sales of flavored vapor products come to close in the U.S. state of New York at retail stores beginning Monday May 18. Monday also brings a close to the sale of all tobacco products at pharmacies.
“Healthcare-related entities should not be in the business of selling tobacco, the leading cause of preventable death in New York State,” wrote Gov. Andrew Cuomo in a press release. “Ending the sale of tobacco and e-cigarette products in pharmacies will help reduce the availability, visibility and social acceptability of tobacco use, especially to youth.”
The measure also makes it illegal to sell electronic nicotine delivery systems (ENDS) online, by phone and by mail order.
New York became the first state in the country to ban flavored electronic cigarettes in September of last year. Cuomo announced the decision as part of a series of efforts to combat the increase in young people using vape products. Cuomo said in a statement that it was “undeniable” that flavors like bubblegum and cotton candy are deliberately designed to target youths.

May 15, 2020