New York Pushes to Ban Flavored E-Cigs and E-Liquids

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What is it about New York City and the nanny state mentality? As if their current restrictions in ecigs were already producing bad results, now Councilmen Costa Constantinides is on a mission to get rid of flavored e-cigs and e-liquids. Today, he introduced new legislation that would take all flavored ecigs off the market in America’s largest city. Of course, he has his reasons. “They appeal to children, and we’re taking them out of the market,” he proudly explained.

It’s not surprising that Constantinides has absolutely no evidence to back his claims, but that isn’t stopping him from launching a full throttle campaign against the world of flavored vapes. Unfortunately, he is actually accomplishing little to help children and doing a lot of harm to adult ecig users that rely on flavored e-liquids to help them remain tobacco free.

Last summer, a survey on E-Cigarette Forum found that 75 percent of adult ecig users prefer eliquids in non-tobacco flavors. Around one third preferred fruit flavors, 19 percent chose sweet dessert flavors, and 5 percent opted to vape with savory or spicy flavors. It seems that most vapers actually shy away from tobacco flavored eliquids unless they are making the first transition into the world of ecigs.

Palm Beach Vapors said their sales data echoes the results of the survey. After looking at sales in 14 stores that only sell products to adults, they found that only two of the top 19 flavors were tobacco variants. In fact, the tobacco flavors ranked lowest at 18th and 19th with the supposed juvenile flavors like strawberry and watermelon bringing in far more sales from adult ecig users.

Last year, the International Journal of Environmental Research and Public Health studied this issue to see if flavored e-liquids were really essential for ecigs to be successful. The researchers talked to 4,500 vapers and found that many preferred tobacco flavors when they first tried ecigs, but most quickly switched to other flavors because the variety kept them interested and satisfied with vaping and helped them avoid relapses into smoking.

Unfortunately, naysayers like Constantinides have little use for any research and prefer to make legislation based only on personal biases and faulty assumptions. Gregory Conley, the president of the American Vaping Association, said that flavored ecigs are important and banning them would be a mistake. “Studies show that e-cigarettes, particularly flavored kinds, are effective at helping smokers move away form combustible cigarettes,” he said. “The AVA supports common-sense regulation of its products, such as New York City’s existing ban on (sales) to minors. But adults are free to make their own choices.”

It seems that those freedoms might not last long for New York City vapers. If flavored e-liquids were banned, would you go back to smoking?

Jimmy, lover, blogger, vaper and ex-smoker. I’ve been blogging about and supporting Vaping since 2009. They changed my life and I think history will show them as one of the most significant public health invention of the 21st century.

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1 Response

  1. Erik H says:

    Recent studies confirm that there is no comparable risk between tobacco smoke and e-cigarette vapor when it comes to serious adverse health effects. In fact, researchers have found that so-called secondhand vapor from e-cigarettes poses no discernible risk to the public health. In October 2012, CHANGE, LLC at the Center for Air Resources Engineering and Science at Clarkson University in Potsdam, NY published an indoor air quality study.18 The study compared harmful by-products commonly found in tobacco smoke versus the levels of those same compounds in several popular brands of vaporized e-cigarette liquid. The study concluded, “For all byproducts measured, electronic cigarettes produce very small exposures relative to tobacco cigarettes. The study indicates no apparent risk to human health from e-cigarette emissions based on the compounds analyzed.”19 Therefore, even the risks associated with secondhand smoke, not fully appreciated at the time of enactment but nonetheless an extension of Congress’s intent to curb public health costs of combustible tobacco products, also do not apply to e-cigarettes.

    The Deeming Regulation, as proposed, purports to address the “jurisdictional lines established by Sottera” by deeming e-cigarettes tobacco products subject to the Act. However, as explained below, e-cigarettes do not meet the definition of a “tobacco product,” as defined in Section 201 (rr) of the Food Drug and Cosmetic Act (FDCA), as amended by the Tobacco Act.

    Abrams and Cartwright write that smoking “…robs us of more than 440,000 lives, $96 billion in healthcare costs and an additional $97 billion in lost productivity costs each year.” Yet their prohibitionist prescription would rob 45 million American smokers of vastly safer smoke-free alternatives. The eight million Americans who will die from a smoking-related illness in the next 20 years are not children, they are today adults. Preventing youth access to tobacco is important, but that can be accomplished without condemning to premature death those parents and grandparents who are current smokers.


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