U.S. Vaping Association Responds to Michigan Flavored E-Cigarette Ban: The Black Market Will Thrive

On September 5, the U.S. Vaping Association issued an urgent statement in response to Michigan Governor Gretchen Whitmer's plan to announce a ban on all e-cigarette products.

Governor Gretchen Whitmer plans to implement a ban on all e-cigarette products, which will take effect immediately, with only a 30-day sales buffer period for retailers to clear their inventory.

Gregory Conley, president of the U.S. Vaping Association, issued a public statement regarding this:

"This shameless attempt at a ban will shut down hundreds of small businesses in Michigan and could send thousands of smokers back to deadly combustible cigarettes. These businesses and their customers will not go down without a fight. We look forward to supporting the necessary litigation to protect adults' rights to access these harm-reduction products."

"In this country, laws are made by legislators, not by governors seeking urgent media attention. Anyone concerned about the prospect of an out-of-control government would be shocked by the executive branch's unilateral attempt to ban adult products. Even more absurd is that this ban comes months after the Michigan legislature wisely prohibited the sale of e-cigarette products to minors."

"Governor Whitmer's ban will create a massive black market for these products, which has led to a recent series of lung illnesses now clearly associated with illegal THC products. The CDC is now specifically warning against using homemade e-cigarette products, but this is a behavior resulting from the ban imposed by the state."

"Last year, the New York State Department of Health attempted to impose a ban on products without the approval of New York State legislators. It took only a few days for the state to realize they lacked the legal authority to do so and proposed rules. The same should happen in Michigan, but with Governor Whitmer personally announcing today's ban, it seems corrective action will need to be taken by the courts and state legislators."

The Smoke-Free Alternatives Trade Association, a consumer advocacy group representing the largest users of e-cigarette products and other smoke-free nicotine products, issued a call to action urging Michigan citizens to contact Governor Whitmer and their elected state officials.

Contrary to the statements of anti-vaping activists, there is substantial evidence that flavors are important for adult smokers looking to quit. Last year, the Harm Reduction Journal published a study by researchers from the Substance Use Research Center on flavor preferences among over 20,000 adults. The study found that about 83% of adult respondents reported using fruit flavors, while only 24% used tobacco flavors. In another study involving over 4,500 adults, respondents indicated that flavor variation was "very important" in their process of reducing or quitting smoking.

Public Health England and the Royal College of Physicians estimate that the risks of smoking are at least 95% lower than smoking.