Wednesday, September 11, 2019

Trump Administration Plans to Ban Flavored E-Cigarettes

The Trump Administration discusses a flavored e-cigarette ban with the F.D.A commissioner and the health and human services secretary
The original article can be found here.

In light of recent mysterious lung diseases connected to the use of e-cigarettes, the Trump Administration said on Sept. 11 that it would ban the majority of flavored e-cigarettes. One of the biggest concerns is the rise in teenage vaping across the nation.

There has been a rise in vaping related health issues recently, with nearly 500 reported cases and potentially 6 deaths. The majority of these cases involve those over 30 years of age and that use vaping products that contain THC, a psychoactive component in marijuana.

The CDC has strongly urged everyone to not vape, and smokers to consult a doctor instead of switching to e-cigarettes. Major vaping companies such as Juul are new, as is vaping. There is not much research as to the effects of vaping nicotine or THC, and other chemicals found in the aerosol based liquids also have unknown effects.

Various flavors of Juul e-cigarettes in a store in Manhattan.

Secretary of the health and human services Alex M. Azar II said that the FDA is planning to get rid of flavored e-cigarette nicotine products including mint and menthol, which many vape companies did not formerly consider flavors. There have been accusations that vaping companies have produced flavored vapes to deliberately attract teenagers. Although all companies deny these claims, Juul, who recently took flavored pods off of the shelves, still sold their flavored options online for some time.

Michigan has become the first state to ban the sale of flavored e-cigarettes. New York, Massachusetts and California are also considering following suit and banning flavors. This poses the question of state regulated commerce. There has not been much backlash towards individual states banning flavored e-cigarettes, however, it may affect the shipment and transport of vaping products across states. One suggested interpretation of the Commerce Clause suggests that only Congress can regulate interstate commerce, and the state ban could potentially violate that (I'm not too sure).

Regardless of individual states' actions, the Trump Administration is looking to enforce this ban on a national level. Vaping and nicotine products are without a doubt a rising harmful trend. Although they were originally marketed as safer alternatives to smoking cigarettes, the demographic has quickly shifted from hopeful smokers to teenagers.

However, there has been some backlash to the Trump Administration's decisions regarding vaping. Various conservative organizations as well as vaping companies have described the Trump Administration's ban on flavored products misguided, and even went as far as to say they are following "the far left anti-business extremists." It's no surprise that these companies would hurl these claims to protect their businesses and write off the health risks associated with their products.

Aside from the vaping industry's concerns about the new potential ban, there is widespread support for the Trump Administration's new proposed ban. The effectiveness, however, may be questionable. With the ban on flavored products, many consumers switched over to menthol and mint rather than quitting nicotine altogether. But this proposed ban will address menthol and flavored products.

What do you think of this ban? Do you think that the individual states have the rights to enforce their own bans and regulations on vaping products? What do you think the outcome of the Trump Administration's ban might be?

9 comments:

Anonymous said...

In regards to the ban in the states, I think that it was a good thing that the Trump administration is trying to ban e-cigarettes and flavored vaping in order to bring change as these substances have been increasingly used by teenagers and are harmful to one’s health. Also, I believe that states do have the right to regulate and ban these products because it does not fall under regulating interstate commerce, which through the Constitution, Congress has power over. States have simply stated that they will not allow these products but it does not relate to any state to state transaction. Also, in regards to shipment, I do not think that these bans will create an inconvenience since the ban states that they should not be used - there is nothing in regards to transporting these goods so it might be safe to assume this.





Anonymous said...

I think this is a refreshing change for the Trump administration. Vaping and e-cigarettes have long been accused or targeting teens, especially with the increased levels of toxins in fruity flavors. I do agree with Srimaye that this decision belongs to the states, but I do think shipping becomes a sticky situation. It may help prevent access to teens without immediate access to narcotics, but ultimately it is largely a gray area. I think this ban will likely spark a lot of controversy over control over business, but ultimately I think it will push states like California to finally ban these harmful products.

Anonymous said...

The decision to ban e-cigarettes should be regulated by the federal government, as it regards to the welfare and health of citizens nationally. Nicotine, menthol, tobacco, e-cigarettes and similar products do not serve the public any health benefits, as they're only sold to make these industries consistent revenue. In regards to other federally illegal drugs, marijuana is scientifically proven to serve a medical purpose, thus gaining the right to be legal in all states for legal prescription use. I am not in support, however, for the use of marijuana in recreational settings, as it is not necessary, and can be burdensome to others in the surrounding areas. E-cigarettes and similar products do not serve any medical benefits, at least as of right now, effectively proposing no reason at all for the absolute necessity of e-cigarettes. In addition, marijuana is strictly regulated, at least in some areas. The production, consumption, and the content of e-cigarettes is not, on the other hand. Some may argue that it's a form of leisure, which is true, but it leads one into an addiction, gradually degrading the quality of his or her life. There will be backlash from current users, but federal regulations for this industry is a necessity for the health of the overall public.

Anonymous said...

Disregarding any sort of plans towards regulation, I think that the decision to shine a light on the issue was at the very least a good one. E-cigarette usage has increasingly become more and more common among children and teenagers, and by acknowledging this, hopefully it'll form a similar stigma towards them as it did with normal cigarettes, as both are ultimately addictive products that have a negative effect on one's health. As for enforcing a ban, that's a muddier area to predict the outcome of. I do think that at the moment it should be treated as a state matter, because their choices of individual bans I believe should be treated as exclusive from interstate commerce. Perhaps this will slow the sales and give the necessary feedback to deal with the situation ideally. Hopefully, following this, we can maneuver and take the next step for regulation on a more national scale, however at the current moment I think that creating roadblocks for the sale of them is a good direction to go in. At the end of the day, this won't stop the sales of flavored e-cigarettes, however creating a culture which actively says no to such products is necessary in creating a healthier society.

Steven Zheng said...

I'm not sure that the Trump administration is doing the right thing. As you said at the end of your post, the ban on vaping products would merely result in teenagers switching to an alternate form of vaping. Also, I believe I read in an article that most, if not all, of these "vaping" deaths were not linked to inhalation of cannabis e-cigarette fluid and the high concentration of vitamin E that was ingested. Also, I feel like while the vaping deaths were extremely tragic, there is a much more pressing issue that the Trump administration hasn't addressed. While the vaping death reason has not been discovered yet, a lack of good gun control has resulted in around 300 deaths and yet no new legislation has been announced. I find it highly unlikely that the Trump administration is passing this law because the federal government wants to protect our nation's children. If there have been nationwide deaths linked to something, the federal government should step in and stop it even if the states do not.

Anonymous said...

In regards to the ban, taking action against this health threat is a positive thing. If e-cigarettes are as dangerous as evidence is pointing them out to be, I definitely think a ban or at least large restrictions should be put in place to stop the crisis from really increasing. I do think that more research must be done on the specific causes of the deaths/illnesses so that an accurate report can be given and so that the public also sees hard facts about the dangers of e-cigarettes which will hopefully be deterred them from using it. The banning of flavored e-cigarettes specifically also has some added benefits in that it will likely prevent younger kids from starting to vape in the first place since these flavors are often what draw in the younger audience. However, with all this in mind, I'm not too sure about how effective these bans will be, especially if they are established at just a federal level with states that don't necessarily agree with the decision. I feel that if people really want flavored e-cigarettes, they will find ways to obtain them, even if those methods are illegal. Also, as we saw with weed in Colorado, if state and local governments aren't enforcing these laws, they will have no impact anyways. On a related but kind of off-topic note, what makes me most frustrated with this action is the fact that a few deaths led so quickly to a ban when more impactful issues, such as gun control policies, have not been addressed basically at all by the White House. If they could act so quickly in regards to e-cigarettes, how is it that no policies have been made for gun control despite the mass shootings and senseless gun deaths that constantly plague America? This ban shows that when the government has their mind set on solving an issue, they can actually be pretty successful, which makes it all the more frustrating when looking at all the other more pressing problems that are being ignored or answered by meaningless "thoughts and prayers."

Anonymous said...

Although it was stated as a safer alternative to smoking cigarettes, if the claims about how dangerous vaping and nicotine is stated to be, then I think it is right to ban e-cigarettes. It was stated that out of 500 other smokers, there were 6 potential deaths. With this information, I think that more research should be done to see if other causes led to these potential deaths. Whether e-cigarettes are fully to blame or there are other underlying issues about the deaths. I believe strongly that the ban should be followed through to protect the wellness of among people, young and old. However, banning e-cigarettes at once will cause an intense backlash. In addition, those who are addicted will find it very difficult to stop completely. I believe that the each state should invest for research in ways to help a person stop vaping. I don't think that an immediate ban will solve the issue. Instead, I believe a more gradual restricting will decrease the backlash. In addition, I believe that each state should have their own rights to enforce their own bands and regulations on vaping product because each state's issue on vaping is vastly different from a different state. I think that the outcome of Trump Administration's ban will cause great backlash as I said earlier. I also believe that it won't necessarily be an effective way to stop teenagers from smoking. I think that teenagers will somehow find an alternative way to get their hands on e-cigarettes. As of now, teenagers under 18 are forbidden to purchase e-cigarettes so will the banning of e-cigarettes do a whole lot? I think that these teenagers will somehow find a clever way to get more.

Anonymous said...
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Anonymous said...

As others have mentioned, vaping as an alternative to cigarettes is only a small step to better health. I can see how one would use vaping as a step to get off of an addiction to cigarettes. However this should be a step in a process to better health with the end goal being no dependence on nicotine products at all. However fruit flavored products are used to attract and retain new younger users and this is something that the Trump administration has agreed with the scientific evidence. Since this is a major health concern, waiting for the states to come in will take too long. Therefore I agree that the Federal government should step in and regulate this industry.