E-cigarettes

Is Your State Part of the War on Vaping?

Massachusetts and California lead the way in restricting access and use of e-cigarettes.

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A new report from Surgeon General Vivek Murthy released this week called for the federal government to hit electronic cigarettes with high taxes, regulatory restrictions, limits on advertising for vaping products, and bans on the sale of some vaping products.

The alarmist report could pave the way for the U.S. Department of Health and Human Services to take action to curb the growth of vaping, even though doing so would make it harder for smokers to switch to e-cigarettes, which are undeniably safer than traditional, combustible cigarettes.

Some state and local governments are already way ahead of Murthy. Two states in particular—California and Massachusetts—account for more than 200 local-level restrictions on the sale or use of electronic cigarettes. A new report from Halo Cigs, a leading producer of e-cigarettes and other vaping products, takes a look at the wide range of regulations on vaping at the state and local levels.

Source: Halo Cigs

Massachusetts, despite its small size, has the most local restrictions on where e-cigarettes can be bought or used. The state is one of several that apply the same rules to vaping products as traditional cigarettes and other tobacco products—despite the fact that e-cigarettes contain no tobacco. That's a common fallacy surrounding the regulations of e-cigarettes, and one that Murphy used repeatedly in his new report, as Reason's Jacob Sullum pointed out yesterday.

While the graphic above gives you some idea about which states are most and least welcoming to vaping, it doesn't tell the whole story. Local and state-level restrictions on the use of e-cigarettes are only one way that governments have wacked the vaping industry. In Pennsylvania, for example, there are few local rules prohibiting vaping (as the map above indicates), but a new tax 40 percent wholesale tax on vaping products passed by state lawmakers in June has forced some vape shops to close their doors.

None of those local and state-level restrictions may matter much in the long run, since new rules from the FDA could drive the vast majority of e-cigarette products out of the market. Starting next year, manufacturers will have to pay up to $1 million per product to clear the FDA's new permitting process for vaping products.

Shutting down vaping with onerous taxes or regulatory decrees makes it harder for nicotine-addicted smokers to kick the habit by taking up a safer alternatives. Many e-cigarettes contain nicotine extracted from tobacco, but considering them the equivalent of cigarettes is an affront to common sense and medical science. There's no combustion, no smoke and no tar in e-cigarettes, along with fewer cancer-causing chemicals. One study from the United Kingdom found that e-cigarettes are 95 percent safer than their combustible cousins.

Government-led efforts to keep people from accessing or using e-cigarettes is not a victory for public health, but, like so many other things, the federal government should let states experiment with different policies to see what works. In 10 years, we might be able to tell whether Massachusetts and Calfornia's heavy-handed approach to vaping has prevented e-cigarettes from being widely used and what consequences that had on general smoking rates and smoking-related diseases. We could compare that to what will have happened in states that took a lighter touch on regulating vaping.

If the FDA and the surgeon general get their way, though, the federal government will close that possibility in favor of restrictive policies that hurt small businesses and smokers trying to kick the habit.

This post has been updated to correct the spelling of the surgeon general's name.

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  1. Gang vaping is a huge problem around these parts.

    1. i liked nirvana’s take on this problem on ‘vape me’

    2. According to my brother, it’s yuge in Hawaii. I’m surprised the state is blue on that map.

  2. I’m ashamed that my beloved Texas has laws regulating this activity.

    1. I’m completely unsurprised that my blue state of WA is fairly blue on the matter. Progtarded assholes that they are in our state legislature.

    2. Woo hoo Virginia! No vaping laws…. on tobacco vaping. :[

  3. Some sort of Master Settlement Agreement is in order here. Amirite guys? Amirite?

    1. Without a doubt.

  4. My state is part of the war on everything!

    1. I am guessing a coastal state, new england or west. It doesnt seem to matter. What is it about salt air?

      1. Let me progsplain this for you:

        It isn’t the salt air, it’s the fact that everyone wants to live there, as evidenced by the fact that the cities continue to grow, jobs continue to be found there, and land is at a premium due to demand. So they’re the ones who are smart enough to be successful enough to be able to actually afford to live where everyone would live if they had their wish and infinite resources, instead of being banished to the inland darkness due to lack of ability to make enough money to live on the coasts. Being so superior, they naturally know what is best for everyone and have a moral duty to enforce those better outcomes onto the benighted, ungrateful inland population.

        1. I was thinking along those lines but figured it is human nature to start meddling in other people’s shit when you don’t have anything serious to worry about in your own life. If you have to work all day to make sure you and your family are fed and sheltered you don’t have time or energy to stick your nose in other people’s lives.

          They just have too much time on their hands.

          1. Just remembered the basic income experiment people choosing Kenya as its petri dish.

            It’s definitely both.

            1. Well, Kenyans aren’t like real people or anything. I mean if they were, they wouldm’t live in Kenya, amirite? They’d live in an all white gated community like all the real people. So it’s ok to experiment on them, that’s why God put them there!

          2. If you have to work all day to make sure you and your family are fed and sheltered you don’t have time or energy to stick your nose in other people’s lives. This sentence echoes my own thoughts, Suthenboy, although the context in which I arrived at those thoughts was slightly different.

            Many years ago, I was trying to consider contemporaneous events from different angles and one of the thoughts/explanations I arrived at was that perhaps there were some individuals and groups of people who wanted the majority of their fellow human beings to keep a focus on the basics (according to Maslow ) rather than on having enough time to pay attention to/look into what their elected officials are doing. If a significant number of individuals had the time to inform themselves sufficiently to participate in their own governance they might just do so to improve their lot, rather than allow their law makers to carry on basically unobserved and unchecked.

          3. This is why I wish we still had the code duella so we could call out these assholes and put them out of our misery.

            Now we’ll just have to fire up the woodchippers.

        2. Damnit, that’s how I came to live on the coast!? *Scribbles note to self: Drink more, kill more brain cells*.

        3. Shit rolls downhill, it’s going to end up in the sea eventually.

  5. A new report from Surgeon General Vivik Murphy

    Did that Irishman already replace Vivek Murthy?

    1. UPDATE!

      This post has been updated to correct the spelling of the surgeon general’s name.

      A new report from Surgeon General Vivik Murthy

      It’s halfway fixed. (Vivek) But if you read onward:

      Some state and local governments are already way ahead of Murphy.

      That’s a common fallacy surrounding the regulations of e-cigarettes, and one that Murphy used repeatedly in his new report

      Find-and-replace ain’t just a river in Egypt, Boehm. Good piece though – I’m just nitpicking.

    1. I am *not* watching that guy for three minutes. Besides, he’s clearly ripping off Jason Mewes’ shtick.

    2. 4 out of 5 women attending college are vaped.

      1. Campus vape culture.

    3. I bet he had the best fucking sleep of his life after this.

  6. “A new report from Surgeon General Vivik Murphy released this week called for the federal government to hit electronic cigarettes with high taxes, regulatory restrictions, limits on advertising for vaping products, and bans on the sale of some vaping products.”

    Is there anyone in this administration that isnt for sale? Lefties claim to be the high-minded, idealistic side of the aisle yet invariably they turn out to be the least honest and the most corrupt.

    1. I have to ask again. Surgeon General, why is this a thing?

      1. Because if he was the Surgeon Major, the other branches of the military would ignore him?

        1. That must be it. I mean, I’ve been wondering since I was a kid and I first read that warning on cigarette packs that said ‘Warning: The Surgeon General has determined that smoking may be hazardous to your health.’, no shit? Who the fuck is this genius? He must be like as smart as Einstein.

          1. You might think I’m kidding, but the Public Health Service Commission Corps and the National Oceanic and Atmospheric Administration Commissioned Officer Corps are both uniformed services with no enlisted ranks. The Surgeon General holds the rank of Vice Admiral.

            1. It’s true.

        2. But what if he’s the very model of a modern surgeon Major General.

          1. He’d ban every vegitable, animal and mineral.

          2. http://www.amiright.com/parody…..van2.shtml

            I was the very model of a U.S. Surgeon General,
            I’ve information credible, medical, and logical,
            I was the man of Reagan’s, and my message not political,
            From smoking on to drug abuse, my findings scientifical,
            I understand the questions, both the simple and the radical,
            Partial-birth abortions I’m clashing with a lot of views,
            With many shocking facts about the state of America’s youth

            All:
            With many shocking facts about the state of America’s youth
            With many shocking facts about the state of America’s youth
            With many shocking facts about the state of America’s youth

      2. How much money did the tobacco industry have to pay to government? What did they get in return? Protectionism, thats what. Given the amount of money flowing into government coffers from tobacco the last thing they want is for the tobacco industry to go under. This is the Feds trying to put vaping taxes on par with tobacco taxes or put the vapers out of business.

      3. Trying to eke out some relevance and a legacy before he’s fired by Trump.

  7. Do we have to turn ourselves in?

    1. depends how high you are right now

      1. Don’t you have work to do, kaddish?

        1. our timezones are wildly different i’m guessing

          1. Shreek is in Dogdick.

            1. Yes, yes, he strikes me as one who is trapped in a dog’s urethra. Or alternately, perhaps has his rectum knotted by a mastiff. Much to his delight of course.

    1. This is my response to whether my fucked up state is part of the war on vaping…no AM.

      1. Not much of war then, is it.

  8. I knew Rhode Island was the real libertopia. New Hampshire can suck it.

  9. Surely the number of laws and regulations is an arbitrary metric.

  10. Oh, vaping. I thought you said vikings.

    1. As if vikings care about any law you’d try to enforce against them.

      1. If you go to one of those old Irish monasteries, you can still find stone engravings that read: “Battle Axes prohibited on these premises” to ward off viking raiders.

        1. I’m sure that worked out just as well as gun control laws in Chicago.

          1. Actually, you’d be wrong. Vikings were surprisingly compliant.

  11. *vapes in office
    Yes, that’s right, my boss lets me vape in the office. He, who is not a smoker/vaper, has seen first hand the health benefits of vaping and the fiscal benefits of not making me go outside to get my vape on.

    1. Where do you work and are you hiring? My boss is a puritanical ass.

  12. So, something I only found on moving to the Tampa-St. Pete area are vaping bars. That is, bars that sell alcohol but also rent and sell vaping setups and all the shit that goes along. My wife and I stopped at one once. It was… weird. Mostly because we were in the uncanny valley between the young people who didn’t look old enough to drink (although they were checking IDs) and retired folks. Also, the entertainment was a quarter or semifinalist from American Idol in one of the middle seasons. That just bummed me out. You work your ass off to get a break like American Idol and a couple years later you’re singing to the fucking vape bar and 15 people.

  13. My state (NJ) is leading the war on all kinds of freedom

    1. It’s tough to raise gas taxes and regulate every single damn thing on the planet.

    2. Do you still get points on your license for pumping your own gas?

  14. At this point I just do it, and if someone says you can’t smoke I say it’s not smoke. If they say you can’t use tobacco I say it’s not tobacco. If they say you can’t vape I ask where that comes from because I’ve never heard it.

    Most people don’t care, few will say anything, and even fewer know the rules.

  15. Next up…the progs propose flatulence suppressors for all.

    http://www.trendhunter.com/tre…..-your-anus

    1. They can shove that up their own ass.

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  17. like Dawn replied I’m shocked that someone able to profit $8730 in a few weeks on the
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  18. I started vaping 7 years ago and have not had a “real” cigarette in 3 years now. However, the bigger the deal the assholes make about vaping, the more I am tempted to go back to the old coffin nails because it seems that that is exactly what they want me to do.

  19. til I looked at the receipt four $6371, I didnt believe that…my… mom in-law could trully receiving money in there spare time at their computer.. there friends cousin has done this for under 15 months and as of now paid the morgage on their mini mansion and got a new Infiniti. navigate to this site

    ????????> http://www.homejobs7.com

  20. The V-CIGARETTE (virtual) is an alternative to vaping. Bet it’s gonna get regulated too:

    https://www.youtube.com/watch?v=j0Wl7INhTLU

  21. Apparently the FDA has never heard of international shipping. Can’t wait to get that Chinese juice with no telling what chemicals in it instead of good old American made.

  22. my friend’s ex-wife makes $79/hour on the internet. She has been unemployed for five months but last month her payment was $13079 just working on the internet for a few hours. check

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  23. Brianna. true that Kathryn`s st0rry is impressive… I just received themselves a Jaguar E-type from bringing in $5324 recently and-over, ten-k this past-munth. it’s definitly the coolest work Ive ever done. I started this 3 months ago and straight away started to bring home minimum $81.. per/hr. straight from the source

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  24. Liam. I agree that Carl`s bl0g is cool… I just got a great new Honda since getting a cheque for $9458 thiss month and just a little over 10/k this past-munth. without a doubt its the most financially rewarding I’ve ever had. I started this six months/ago and almost immediately started earning at least $75, per hour. go now

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  25. when i looked at the figure of 14786 dollars .Than I have no other choice but to accept , what i saw .They have been doing this for a year and get rid of their debts.. Yesterday they purchased new Aston Martin ?
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  26. Elizabeth. true that Janice`s comment is unimaginable… last saturday I got a top of the range Mazda MX-5 since I been bringin in $9155 this last 5 weeks and-just over, 10k this past month. it’s certainly the most-financialy rewarding I’ve ever had. I began this 10-months ago and almost straight away got at least $69, per-hr. browse this site

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