Signs of Hope: Anti-Ban Action Gains Speed in the United States

For vapers, news from the United States has been bad almost all year. But there are signs that things may be starting to change. A county court has rejected a proposed law that would treat vaping the same as smoking, while an influential think tank has criticized e-cigarette taxes. Meanwhile, a Pennsylvania business owner has sued the state over its broad 40% tax on vaping products. It is still too early to say the situation has completely turned around, but things do look a little better than they did in recent months.

A Kentucky county rejects a vape ban

Last week, lawmakers in Franklin County, Kentucky, rejected a proposal to add vapor products to the county’s existing smoke-free policy, dealing a blow to the growing number of vaping bans in the United States.

Unsurprisingly, the ban was pushed by the county health department. Director Judy Mattingly asked the county attorney to draft a revised smoke-free policy based on her understanding of the FDA’s deeming rule. In Mattingly’s view, that meant treating vapor products the same as combustible tobacco.

Fortunately for vapers in Franklin County, attorney Rick Sparks disagreed. Calling it “a solution in search of a problem,” he pointed out that the county’s real challenge is actual drug abuse. He also reminded Mattingly that “this is a public health issue, an education issue, but we spend a lot of time criminalizing it.” Criminalizing a social behavior, medical issue, or addiction problem does not help.

Sparks also noted an unexpected consequence: a significant loss of revenue for the county jail. Jail cells are covered by the current smoke-free rules, but inmates are allowed to vape. Last year, the jail made $86,000 selling approved e-cigarettes to them.

Think tank criticizes vape taxes

Last week, an influential American policy forum criticized the excessive tax rates imposed on vapor products. The Manhattan Institute, a center-right think tank, also pointed to declining tobacco tax revenue as a likely reason for this growing trend in the United States. The institute’s new report focuses on Indiana, a state heavily dependent on tobacco revenue and also the birthplace of some of the nation’s anti-vaping laws.

Writer Jared Meyer argues that heavily taxing vapor products is bad policy because it pushes people back to smoking, harming public health. However, he believes that many states ignore the long-term goal of reducing smoking in order to offset the short-term loss of tobacco tax revenue. Imposing equal or even higher taxes on vapor products would not only replace lost revenue, but also encourage users to return to tobacco. Either way, the state budget wins.

Vapers in Indiana know that the state’s new licensing rules have only one purpose: to shut down most of the businesses selling these products in the state. Meyer suggests that the state’s dependence on MSA funds, which are already declining as smokers switch away from cigarettes, may be one possible motivation for this behavior.

The Manhattan Institute has influenced policy before, including New York’s zero-tolerance policing strategy, and this new report may help generate sympathy as more anti-vaping regulations are considered. That may be bad for state budgets, but it is good for public health.

A Pennsylvania vape shop sues the state government

Pennsylvania’s e-cigarette tax is notorious. Its 40% tax has already forced more than 70 vape shops and manufacturers in the state to close. Now, vape shop owner Bob Oesterling has filed a lawsuit against the state government.