US Vape Flavor Ban – All You Need to Know

The current back and forth that is playing out in the US regarding a vape flavor ban is proving to be a real head-scratcher. 

There’s so much going on from day to day that it’s difficult for an average vaper to follow, even though the decision will ultimately profoundly impact all of us.

That’s why we decided to write up this concise and abbreviated timeline of the flavor ban, highlighting those key events so that you get a better understanding of what vaping advocates are doing to save flavors (and what flavor ban proponents are doing to undermine those efforts).

The Kind Pen – purveyor of high-quality vape pens and accessories – is still very much in this fight!

Although the crusade to ban vaping flavors has been ongoing for at least 8 years, those favoring the ban are ramping up their efforts in the last couple of months, spurred by the so-called “vaping lung illnesses and deaths” that has occupied the headlines since August, 2019. If you need reminding, though, it’s not vaping that caused all this – it’s black market THC cartridges that were filled with vitamin E acetate, as confirmed by the Center for Disease Control.

Regardless, flavor ban proponents jumped at the opportunity to start pushing for a complete ban of vaping flavors once again.

At this moment, some US states (either through their congress or governor) have decided to completely ban vape flavors, such as Massachusetts. Massachusetts AG, Maura Healey is even going as far as suing 8 vape online retailers who have shipped flavors into the state, all in the effort to score political points.

However, on the federal level, flavors still remain legal, and retailers and online retailers are free to sell them. That said, the pressure is getting turned up on President Trump to consider a federal ban as well (or even worse, a complete vaping ban), which would all but kill the vaping industry and force millions of adult vapers back to smoking regular cigarettes.

When you’re done doing that, dive into our complete timeline of the vape flavor ban. We’ll do our best to explain how and why it started, and all the major developments that have unfolded in the arena prior to Christmas, 2019! 

Flavor Ban Efforts Intensify in 2018 (& Spark an Increase in Teen Usage)

The effort to ban vape flavors has been ongoing for several years now.

If you Google it, you will find that the idea has been tossed around as early as 2011, and it has always had some really powerful proponents. Those proponents are active now as well, and they include the Truth Initiative (born out of the tobacco Master Settlement Agreement), Campaign for Tobacco Free Kids, American Academy of Pediatrics, the American Cancer Society, Cancer Action Network, the American Heart Association, the American Lung Association, and Parents Against Vaping E-cigarettes (PAVe).

Since it would be really difficult to explore – in a single article – what all of these groups have been doing to curb vaping, we’ll just say that they’ve been very active throughout the years.

Their efforts to ban vape flavors intensified in 2018, partly due to a report called the National Youth Tobacco Survey, which showed that 1.3 million kids more vaped in 2018 than in 2017. (Source: https://www.cdc.gov/tobacco/data_statistics/surveys/nyts/data/index.html).

The CDC head at the time, Scott Gottlieb, characterized this as an ‘epidemic’ and blamed JUUL – a popular vape pod system – and the various flavors that JUUL was available in. Of course, the teen propensity for experimentation was completely disregarded, as well as the fact that actual smoking was at a historic low, potentially thanks to vaping. CDC even went as far as to release this truly terrifying campaign, equating vaping with – plague? Who knows – watch it, it’s truly blood-curdling and completely false.

Soon after, vape opponents rallied behind the report, demanding legislative action against JUUL, as well as vape flavors. They started lobbying with the Congress to pass stricter vaping regulation, and found allies among influential senators, such as Mitt Romney. Although their efforts are still not successful, at least not on a federal level, their actions did lead to a number of states banning vaping, as well as cities and localities. The most notable ban is the one that passed in San Francisco, where vaping  (and vape sales) is completely banned in the city.

All of these bans singled out flavors as the single most appealing thing about vaping. Their champions harped on about the predatory practices of vaping companies who were using candy flavors to lure teens to vaping, as if that makes any sense. In all of that, not a single legislator asked adult vapers how they feel about vape flavors, and about banning them. And the fact is – adults need these flavors and the variety of vaping to quit smoking!

If anything, this focus on teen vaping – the campaigns that advise against it, and those that describe it as an epidemic – only contributed to vaping among kids. What was once an experiment has now become an act of rebellion. Teens saw adverts telling them that all of their peers were vaping and thought – hey, why aren’t I doing that? This Competitive Enterprise Institute article penned by Michelle Minton says it the best: “if anyone is to blame for the recent rise in youth vaping, it’s the anti-vaping industry.” (Source: https://cei.org/blog/blame-anti-tobacco-advocates-youth-vaping-epidemic)

2019 & the Full-Frontal Attack on Vape Flavors

As mentioned, vape opponents have had success banning both vape flavors and vaping in certain US states in 2018.

However, after a number of deaths in August 2019 (all linked to illicit THC cartridges), the movement got enough momentum to reach President Trump and those advisers closest to him.

In September, Alex Azar, Health and Human Services Secretary, announced that the FDA will ban flavored vaping products. Soon after, the First Lady, Melania Trump, tweeted her support of the vape flavor ban.

Even President Trump seemed on board. After meeting with reporters at the White House, he said: ““Not only is it a problem overall, but really specifically with respect for children. People are dying with vaping.”

Vape advocates mobilized, tweeting at President Trump and his advisers that their over-regulation will force millions of Americans to start smoking again.

The vape flavor ban was still in the works well in November and vapers were expecting the proverbial shoe to drop at any moment during that period. However, nothing came out of it. It was announced as an immediate action but President Trump seemed to have second thoughts about it.

In late November, the White House organized a meeting between President Trump and vape flavor ban proponents. Vape advocates were also invited – Tony Abboud representing the Vapor Technology Association, and Gregory Conley representing the American Vaping Association. They told the President that the organizations pushing for the ban were misrepresenting facts, and that adults used flavors predominantly to quit smoking. Additionally, they noted that a flavor ban would have a negative economic impact, and that hundreds of thousands of people employed by the industry would lose their jobs. You can watch the full meeting below.

At the same time, thousands of vapers started tweeting at President Trump and his team. They used the hashtag #wevapewevote and declared themselves as single-issue voters. Paul Blair, a vaping advocate, grabbed everyone’s attention by contrasting the last election results and the number of vapers in specific swing states. He noted that a ban endorsed by President Trump could cost him re-election in 2020.

In December 2019, there were still rumors circulating that the President is considering the ban but nothing came out of it. For the time being, it seems that the concerns surrounding election results (and the effect that a flavor ban might have on them) seem to have staved off the worst.

However, vape opponents still have powerful allies in Congress and the White House, including Melania Trump, Conway, Mitt Romney, and Alex Azar. The danger of a vape flavor ban is far from over – it’s just been pushed back as the opponents reorganize, and President Trump deals with his impeachment and Senate trial.

New CDC Survey Shows – Flavors Not the Main Reason Kids Vape

One of the reasons why vape flavor ban proponents were hoping to have it passed in September is the National Youth Tobacco Survey results. If you remember, it’s what sparked the Vape Armageddon back in 2018 with its report of millions of teenagers vaping.

Well, the 2019 NYTS report was released in early December and – surprise surprise! – it looks like flavors are NOT the main reason teenagers and kids vape! (Source: https://www.cdc.gov/mmwr/volumes/68/ss/ss6812a1.htm).

According to the survey results, the main reason that kids vape is – curiosity! The second-most cited reason is that they saw their parents, guardians, and friends use e-cigarettes. Vape flavors came in at a distant third place – and no one even mentioned that 17% of kids say that they use e-cigarettes because they think they are less harmful than regular cigarettes (which they are).

Of course, this report flies in the face of what CBC, The Truth Initiative, and others have been saying – that vape flavors are the main reason that kids vape. The flavor ban was pushed for prior to the release because the results leave them with no legs to stand on.

Possibly one of the reasons why President Trump didn’t go ahead with the ban is because he felt hoodwinked by his advisors who hid this from him. It’s an option but we’ll probably never know for sure.

What to Expect from the Vape Flavor Ban Movement in 2020?

At this point, we can’t be entirely sure how the flavor ban efforts will unfold in 2020. What we do know is that the Congress is getting ready to vote on a bill that will introduce a flavor ban – the Dem majority in Congress will see to that. However, with President Trump batting for vaping, this law might get struck down in the Senate.

It’s important to keep on top of everything and, if you’re a vaper, to regularly remind President Trump, your congressperson, and your senator that you’re a single issue vaper. Tweet, call, hashtag, yell from the rooftops – this fight is not over yet and we need to stay organized and push for sensible vaping regulations that allow access to vape flavors to adults. Bans don’t achieve much – underage kids still drink, use drugs, and buy firearms. They will find access to vape flavors even if flavors are banned. What will change is the fact that those flavors will not be of high quality, and that adults will have a much tougher time getting to them than now!

If you have any questions or need advice on how to show your support, don’t hesitate to contact our team. They will be happy to help you out and answer all your questions!