US States Take Opposite Approaches to E-Cigarette Regulations

Feb.14.2023
US States Take Opposite Approaches to E-Cigarette Regulations
Montana separates e-cigarette regulation from tobacco while Florida proposes a ban on disposable e-cigarettes, highlighting political differences.

Two US locations are considering new regulations.


Recently, two states, Montana and Florida, have taken opposing approaches to regulating e-cigarettes. In Montana, the House of Representatives passed a bill in its second reading with 57 votes in favor and 42 votes against, which aims to separate the regulation of e-cigarettes from traditional cigarettes.


Meanwhile, in Florida, a bill to ban the sale of disposable e-cigarettes has been introduced in the House of Representatives.


Ron Marshall, a Republican congressman and supporter of a Montana bill, believes that e-cigarettes should be regulated separately from traditional cigarettes rather than being lumped together. "Just as marijuana and alcohol are also regulated separately," he said.


Interestingly, according to a report by local media DailyMontanan, the spouse of the lawmaker is the owner of a local electronic cigarette company called Freedom Vapes.


Republican lawmaker Ron Marshall of Montana | Source: Ballotpedia


On the other hand, a bill in Florida proposes that e-cigarettes should belong to the Democratic party. Representative Sheila Cherfilus-McCormick believes that disposable e-cigarettes pose a threat to public health, especially for young people. Previously, the FDA issued guidance on flavor bans for pod vapes, but with the rapid growth of disposable e-cigarettes, this loophole can no longer be ignored. Sheila's proposed bill aims to ban all disposable e-cigarettes to protect the people of Florida from potential health risks associated with their use.


Sheila, a Democratic lawmaker from Florida | Source: Ballotpedia


The red-blue divide is further confirmed.


The comparison of these two bills highlights the debate among red and blue politicians on e-cigarette regulation. Some see them as harm reduction tools, while others see them as a threat to public health.


The final outcome remains to be seen, but the differences in the laws between these two states highlight the complexity and controversy surrounding the regulation of e-cigarettes. Regardless of the result, it is clear that this is a topic at the forefront of public health discussions in the coming years.


In a special report entitled "Vibrancy in the Cracks - the Complex Landscape of Electronic Cigarette Regulation in the US Under Two-Party Competition," 2FIRSTS observations revealed a nuanced relationship between electronic cigarette regulation and the political divide between red and blue states in the US.


The target states are categorized as either "Red States" (Republican-leaning) or "Blue States" (Democrat-leaning) with varying degrees of strictness or leniency in their regulation of electronic cigarettes.


Two bills, one in the deep-red state of Montana and the other in the swing state of Florida, have recently been passed. However, in Broward County, located in the congressional district of Cherfilus-McCormick and known for its Democratic affiliation, the use of e-cigarettes in public facilities has been prohibited.


Figure 1 displays the weighted distribution of red and blue states in the four presidential elections from 2008 to 2020. Montana is classified as a deep red state, while Florida is a neutral swing state. Source: Wikipedia.


In summary, according to 2FIRSTS, to gain an understanding of the trend of electronic cigarette regulations in various states of the United States, it is recommended to start with analyzing the local political color. If a state is predominantly Republican (red), then electronic cigarettes will not face strict regulation in the coming years. Conversely, stricter regulation can be expected in predominantly Democratic (blue) states.


News reference:


US Congresswoman Cherfilus-McCormick has proposed legislation to protect children from the harmful effects of flavored disposable e-cigarettes.


Montana Bill Separates Electronic Cigarette Products from House Tobacco Regulations


Related Reading:


Title: The Vitality of the Vaping Industry Amid Partisan Competition: The State of US Electronic Cigarette Regulation In the midst of fierce partisan competition, the US electronic cigarette industry is experiencing a period of uncertainty and dynamic change. The industry's regulatory landscape is currently in flux, and the future of vaping remains uncertain. This regulatory uncertainty is due in large part to the competing interests of political parties, which has led to a patchwork of regulations at the state and national levels. Some states have banned or restricted the use of e-cigarettes, while others have sought to protect the industry by creating favorable regulatory environments. Against this backdrop, the US Food and Drug Administration (FDA) has maintained a cautious stance on the regulation of e-cigarettes. In 2016, the agency extended its regulatory authority to include all tobacco products, including e-cigarettes, but the implementation of these regulations has been delayed. In the meantime, the e-cigarette industry is facing increasing scrutiny from both the public and lawmakers. Critics argue that e-cigarettes are a gateway to traditional tobacco use and pose serious health risks, especially to young people. Despite these concerns, the e-cigarette industry remains a vital and growing sector of the US economy. With a market value of over $10 billion and an estimated 10 million users, the vaping industry shows no signs of slowing down. As the industry continues to grow, the regulatory landscape will likely become even more complex and contested. The future of vaping in the US is still uncertain, and it remains to be seen how both the industry and policymakers will respond to these challenges.


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