Despite evidence supporting vape flavours as a smoking cessation aid, proposals for bans continue to emerge globally. What impact do these have on smokers and public health in general?
A Florida bill (SB 1006) that would restrict the sale of flavored vape products is making its way to the Senate floor despite criticism. Introduced by Senator Keith Perry, the bill would only allow the sale of flavors approved by the Food and Drug Administration (FDA) through the Pre-Market Tobacco Application (PMTA) process.
What’s wrong with this bill? First, out of 26 million products that went through the rigorous, lengthy, and costly approval process, only 23 were approved. But the most unpalatable part is the fact that all of these approved products are owned by major tobacco companies, including RJ Reynolds, Japan Tobacco International, and Altria.
Sen. Perry emphasized that the bill’s goal is to protect children, saying that Florida has the highest illegal sales of vaping products in the nation, with an illicit market worth $363 million last year. Echoing concerns raised by the FDA and the U.S. Department of Health and Human Services, Perry alleged that with flashy colors and candy or fruit flavors, many of these products are designed to appeal to children.
Tobacco companies would be the main beneficiaries of the bill.
SB 1006 and its House counterpart (HB 1007) propose creating a directory under the Department of Business and Professional Regulation (DBPR) for manufacturers of FDA-approved e-cigarette and vaping products. Manufacturers would register their approved products, and DBPR would publish the list online for retailers and wholesalers to ensure compliance. Wholesalers operating in Florida would need a license and could face fines of $500 to $5,000 and jail terms of 60 days to five years.
Supporters of the bill, including Deputy Attorney General John Guard, argue that the law is consistent with congressional policy and is aimed at stemming the flow of illegal vape products aimed at minors, often sourced from Chinese manufacturers .
Meanwhile, critics of the proposed measure have noted that all 23 FDA-approved products are also manufactured in China. Industry experts warn that restricting sales to such a small number of items could lead to significant financial losses, creating a black market for illegal and potentially dangerous products. While smoking cessation experts have repeatedly explained that smokers need as many options as possible, the solution would lie in enforcing age restrictions, rather than making the products that many people turn to to quit smoking unavailable.
Do long-time smokers really need flavor?
Despite the opposition, Senator Perry defended the bill, rejecting the argument that restricting flavors and products that are not FDA-approved would do more harm than good . He emphasized that people trying to quit smoking are unlikely to switch from cigarettes to vapes that come in flavors like bubblegum or blue raspberry. In fact, this is an argument often made by flavor ban advocates: “Why would lifelong smokers suddenly care about flavors that are traditionally associated with kids?” We asked two prominent experts in the field.
Tobacco harm reduction expert and adjunct professor at the University of Ottawa's Health Law Centre, David Sweanor , explains that this particular argument is absurd. "Flavor is a key part of what can entice smokers to switch to lower-risk alternatives. This is an important consumer right. He [Senator Perry] would certainly feel insulted if he were asked to choose food, exercise, movies or soda if those were imposed on him.
It is difficult to think of any other public health measure that is as powerful and easily achievable as getting people to stop smoking. Any barriers that stand in their way should be weighed carefully against the potential for additional deaths associated with preventing smokers from switching to a safer form of quitting smoking, such as vaping.
If a politician initially gives in to the ‘youth’ slogan and thinks that harsh market intervention that makes vaping a less viable alternative to smoking is going to protect young people, then they should do a proper policy analysis. That means the risk of diverting young people to tobacco use, the impact of losing parents and grandparents to death and disability from continued smoking, the increased exposure of those young people to second-hand smoke, and the continued economic pressure on families from purchasing tobacco.
“In my experience, many smokers who switch to vaping start with tobacco flavors because they are familiar, but most will move on to other flavors later. Other flavors are more enjoyable, reminding them to smoke less.”Dr. Colin Mendelsohn
While physician and smoking cessation expert and researcher Dr. Colin Mendelsohn told Vape Post that switching to flavors can help smokers gradually wean themselves off of cigarettes, among other things. “In my experience, many smokers who switch to vaping start with tobacco flavors because they’re familiar, but most then move on to other flavors. Other flavors are more enjoyable, reminding them to smoke less. For some, flavors are an important motivator to switch. They’re also associated with higher quit rates, greater enjoyment, and reduced relapse.”
The previous flavor ban veto proved to be a good idea.
So far, Florida has taken a relatively moderate approach to vaping products. In 2020, the state legislature passed a bill to ban e-cigarette flavors, but the bill was later defeated after local lawmakers listened to concerns from local vapers and public health experts. The bill would have been bad for the industry, but most importantly, it would have deprived smokers of a safer alternative and made it harder for them to stay away from cigarettes, while also discouraging many others from switching from cigarettes to vapes.
“Although originally conceived as a bill to raise the legal age to purchase tobacco to 21 (which is unnecessary because it is already required by federal law), SB 810’s ban on non-tobacco vape flavors used by hundreds of thousands of Floridians as a reduced-risk alternative to cigarettes is a misguided decision,” Governor DeSantis said in his veto message.
The move has been praised by experts, and data has consistently shown that the Governor made the right decision, as several high-profile studies have shown not only that youth vaping rates are declining , but that more smokers are quitting through e-cigarettes than any other NRT. Furthermore, a study from the Yale School of Public Health found that adult vapers who use other flavors are more likely to quit smoking than those who only use tobacco flavors.
Florida Bill Would Allow Only The Sales of PMTA Approved Flavored Vapes - Vape Post
