The Future of US E-cigarette Regulation after Midterm Elections

After the midterm elections, where will regulation of electronic cigarettes go in the United States?

The Situation of the United States Electronic Cigarette Regulatory Bureau from the Perspective of Partisan Competition.

One of the main features of American politics is the competition between two major parties. The Republican Party is a conservative party on the right, while the Democratic Party is a liberal party on the left. The Republicans emphasize traditional values and morality while the Democrats highlight diversity and openness. Over time, the 50 states of America have developed a distinction between "red states" (Republican-leaning) and "blue states" (Democratic-leaning). As each state has a relatively independent legislature and enforcement power, their political orientation deeply influences their laws, economy, culture, and other aspects.

Therefore, the attitudes of various states towards e-cigarettes will have a macro impact on the development of the electronic cigarette industry in the United States. The legislation and regulation of new tobacco products represented by e-cigarettes have also been a hot topic among states in recent years. With the recent conclusion of the midterm elections in the United States, 2FIRSTS has attempted to analyze the regulatory situation of e-cigarettes from the perspective of the competition between the two major political parties and share this with our readers.

The mid-term election landscape has been defined.

The results of the midterm elections have formed a basic pattern of red and blue states. The red-blue state pattern in this year's Senate elections is similar to that of the past four presidential elections, as shown in Figures 1 and 2.

Image 1: Weighted red-blue distribution map of the four presidential elections in 2008, 2012, 2016, and 2020. Source: Wikipedia. Image 2: Red-blue state map of the Senate seats for the 2022 mid-term elections, with gray indicating states that are not participating. Source: NBC News.

2. Comparison of attitudes towards electronic cigarettes in red and blue states.

Based on the data regarding the distribution of red and blue states mentioned above, 2FIRSTS has collected information on the regulatory and taxation policies for e-cigarettes and related products in each state. The findings are as follows:

The states of Massachusetts, Rhode Island, New Jersey, New York, and California, which have all voted for Democratic presidential candidates for four consecutive terms, have banned flavored tobacco or electronic cigarette products.

Most of the states that levy a consumption tax on electronic cigarettes are blue states, as shown in Figure 3. Minnesota, Vermont, and California, which impose high consumption taxes on e-cigarettes, are deep blue states that have consistently voted for Democratic presidential candidates for the past four elections.

Figure 3: States (in dark color) that levy taxes on electronic cigarettes. Source: taxfoundation.org.

In states where recreational marijuana is legal, almost all of them are deep blue states except for Alaska, Montana, Missouri, and Arizona, which are Republican-leaning states. The ratio of red to blue states is 4:17 as shown in Figure 4.

Image 4: Status of Marijuana Legalization in the United States as of November 2022, Source: 2FIRSTS.

In summary, we can use the following table to summarize the differing attitudes of red and blue states towards emerging products such as e-cigarettes:

2FIRSTS Organizes

Which Direction Will the Future Go - Left or Right?

The recent midterm elections saw the Democratic Party give up control of the House of Representatives to the Republican Party. As a result, the two parties now share control of Congress, which poses potential limitations for future governing by President Biden. Some media analysts suggest this new political landscape means "major legislation that could shake the economy is unlikely to easily pass, allowing the economy to develop on its own without the threat of adverse policies." (Reference [1])

Based on the aforementioned predictions, the electronic cigarette industry is set to receive a relatively stable policy period in the next two years. The next change in policy will depend on the 2024 presidential election.

Next, 2FIRSTS will approach the topic of US electronic cigarette regulation from the perspective of "separation of powers", interpreting and predicting its direction in regards to legislation, administration, and judiciary.

2FIRSTS has established international news centers in London, Moscow, and Washington, D.C. The media outlet will continue to closely monitor global regulation of electronic cigarettes, providing up-to-date information in real-time via their mobile app, 2FIRSTSAPP. To access the app, scan the QR code provided below. Stay tuned for further updates.

Further reading:

Organizing proposals related to electronic cigarettes and marijuana in the upcoming U.S. midterm elections.

Exclusive: Compilation of Tax Policies on Electronic Cigarettes in Various US States

Taking stock of regions in the United States where flavored e-cigarettes are prohibited.

According to GTNF, the FDA has received over 6 million market applications with an extremely low approval rate.

Special statement:

This article is exclusively focused on analyzing international policies and industry developments related to electronic cigarettes, and does not include any analysis or commentary on current political issues.

Please refer to the original English file for the data cited in this article.

Due to the limitations of the research conducted, the conclusions in this article are only intended for academic purposes. This article does not serve as a basis for any investment decisions.