Various state and local governments in the United States are cracking down on individual e-cigarette retailers, which is a bad deal for entrepreneurship, public health, and individual freedom.
Juul, a leading company in the production of nicotine vape, has recently made headlines. The FDA ordered Juul to be taken off the market and banned the legal sale of their products. However, a court in the Washington D.C area has temporarily suspended the order, allowing Juul to continue selling their products. The legal future of Juul, however, remains uncertain.
Although the federal government is taking strong measures against Juul, state and local governments are engaged in another battle over e-cigarettes. Various states and locales in the US have begun to restrict the locations where "vape shops" can operate, with North Carolina still relatively open to it, only requiring a permit to sell e-cigarette products. However, stricter regulations are being implemented across the country.
Regulations in other states and localities often include bans on opening e-cigarette shops near schools and daycares, with such prohibitions potentially extending to churches, parks, and sports fields. The established goal of these policies is to prevent the sale of e-cigarette products to minors, but interestingly, these laws do not apply to convenience stores and gas stations, which typically sell e-cigarette products. Therefore, while it may be prohibited to open an e-cigarette shop near a church, the gas station across the street can freely sell e-cigarette products.
Utah stands out as a state with particularly strict regulations. To open an e-cigarette shop in Utah, one must first obtain an e-cigarette permit from the state government, as well as a tobacco retail permit from the local health department. Additionally, opening an e-cigarette shop within 1,000 feet of a "community center," including schools, playgrounds, daycare centers, and churches, is prohibited. Density restrictions also apply to e-cigarette retailers, with tobacco specialty shops required to be at least 600 feet apart. Finally, Utah goes further by prohibiting e-cigarette shops within 600 feet of agricultural or residential properties. Like other states, these regulations do not apply to other retailers who may sell e-cigarettes, creating an uneven competitive environment.
These bans often feel like the right course of action. We should protect the health and safety of children and prevent them from being exposed to harmful substances. However, this sentiment cannot tell us whether these bans will have the intended effect. In particular, certain policies create difficulties for electronic cigarette shop owners and adult smokers seeking harm reduction products, and decision-makers should consider the facts.
Additionally, these bans typically do not include other hybrid retailers who sell e-cigarette products, such as gas stations, grocery stores, and convenience stores. Targeting e-cigarette store owners without limiting the sale of these products in other stores is an abuse of state power. These e-cigarette stores are often owned and operated by individual shop owners who already face licensing requirements, cumbersome tax systems and other requirements, and now they must face an even more imbalanced competitive environment, competing with big companies like grocery store and gas station chains to sell e-cigarettes.
The government should not discriminate against specific industries, and those seeking alternatives to traditional tobacco products should still have the option to choose electronic cigarettes. Policy should be based on rigorous evidence and balanced to protect both minors and users of e-cigarettes. Simply distinguishing sales often fails to achieve these goals while harming small business owners and favoring the interests of large retail chains.
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