Summary
An analysis of how recent state regulation of e-cigarettes and vapes, such as flavor bans, taxation, and age restrictions, have impacted the rate of usage among young people. Data from states with various levels of leniency in the law, ranging from no regulations to strict regulations, is compared to evaluate the legislation’s effectiveness in decreasing usage rates.
Even though vape usage has decreased recently, there are negative effects of nicotine exposure, such as nicotine addiction, physical health risks, and behavioral health implications.[5] Researchers have found that vapes lead to cigarette smoking and popular devices like JUUL, contain particularly high concentrations of nicotine.[6] This nicotine exposure affects the brain development of young people, leading to addiction and memory problems.[7] Vaping poses physical health risks, such as respiratory problems, exposure to lung-damaging heavy metals, and oral health issues.[8] Behavioral health implications include increased rates of depression, anxiety, ADHD, and suicidality in adolescents, all of which nicotine addiction exacerbates.[9] Declining youth vape usage helps avoid these negative implications.[10]
Contributions to the Rise and Fall of Youth Vaping Rates
Vape and e-cigarette marketing has specifically targeted American youth.[11] Vape companies understand adolescents who begin vape usage at a young age are more likely to continue to use as adults, resulting in lifelong customers.[12] Between 2011 and 2014, vape companies increased their marketing spending from $6.4 million to $115 million.[13] By increasing spending and taking advantage of minimal marketing regulations in the U.S., vape companies successfully enticed young adults to purchase their products.[14] Vape companies employed marketing strategies for young adults included emotional appeals, targeted social media ads, and the introduction of fruity vape flavors.[15] A study analyzing 154 advertisements revealed that all vape ads used some form of emotional appeal, often highlighting happiness, friendship, sex, or success.[16] Effective marketing that targets young adults generates profits at the expense of the well-being of American adolescents.[17]
In response to rising youth vape usage, federal and state governments have passed legislation.[18] In January 2020, the Food and Drug Administration (hereinafter FDA) prohibited the sale of flavored e-cigarette prefilled cartridges.[19] Some states, like Massachusetts, actively opposed youth vaping.[20] In 2015, Massachusetts raised the legal age for purchasing tobacco from 18 to 21.[21] Massachusetts became the first state to ban the sale of flavored tobacco products in 2019.[22] That same year, the Massachusetts Attorney General’s Office sued eight online retailers for violating the Massachusetts Consumer Protection Act and the Attorney General’s e-cigarette regulations.[23]
Were targeted regulations the main factor in reducing youth vaping rates?
Strict regulations, like a ban on flavored tobacco products, have significantly contributed to the decrease in youth vaping rates, as reflected by the downward trend in the 2024 National Youth Tobacco Survey.[24] Regulatory actions in Massachusetts, particularly banning flavored vapes, played a key role in reducing the vaping rates in Massachusetts and states enacting similar policies.[25] Regulatory actions, particularly banning flavors popular with teens, were key to reducing vaping rates in Massachusetts and states with similar policies.[26] By contrast, as of August 2024, Wyoming continues to have one of the highest youth vaping rates in the U.S., due to its different approach to vape and e-cigarette regulation.[27] Wyoming’s regulations, such as raising the purchasing age to 21 and requiring child-resistant packaging, have not sufficed on their own.[28] Unlike Massachusetts, Wyoming has not yet enacted a ban on flavored vapes and proposed legislation to do so has faced opposition.[29] Opponents argue that these measures would harm small businesses and independent vape shops, potentially grant a monopoly to large tobacco companies, cause job losses, and paradoxically increase cigarette sales by limiting access to less harmful alternatives.[30]
The disparity in vaping regulations between Wyoming and Massachusetts is also evident in their taxation policies.[31] Wyoming imposes a low fifteen percent excise tax on the wholesale price of e-cigarettes and vapor materials, while Massachusetts has one of the highest e-cigarette tax rates in the country, taxing an additional seventy-five percent of the wholesale price.[32] This disparity significantly impacts consumers because higher tax rates, like those in Massachusetts, raise the cost to consumers.[33] In turn, this creates a financial barrier that discourages young adults from purchasing and using vapes, ultimately contributing to lower usage rates, unlike states such as Wyoming, where the added tax does not impede access to these products for young people.[34]
On a national level, the FDA’s January 2020 prohibition specifically targeted flavored prefilled e-cigarette cartridges, such as those that devices like JUUL use.[35] However, the ban did not apply to other types of flavored vaping products, such as disposable vapes or refillable open-system devices.[36] Furthermore, enforcement of FDA regulations can vary: some states have few restrictions or face challenges in fully enforcing the ban.[37] This allows flavored products to remain available in certain markets.[38]
In conclusion, the significant decline in youth vaping rates over the past few years emphasizes the critical role of strong state regulatory action in combating this public health issue. Massachusetts has adopted a comprehensive approach, which includes banning flavored products and imposing high taxes, clearly exemplifying how targeted regulation can effectively reduce youth vaping.[39] In contrast, states like Wyoming with less stringent regulations continue to experience higher youth vaping rates.[40] To protect public health by reducing youth exposure to vaping-related risks, other states should consider adopting policies similar to those of Massachusetts.
Disclaimer: The views expressed in this blog are the views of the author alone and do not represent the views of JHBL or Suffolk University Law School.
Elisabeth is a second-year law student at Suffolk University Law School with interests in Health Law, Technology Law, and Business Law. She received her Bachelor’s Degree in Sociology and Criminology from the University of Miami in 2021.
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[1] See Youth and Tobacco Use, CDC (July 10, 2023), https://www.cdc.gov/tobacco/data_statistics/fact_sheets/youth_data/tobacco_use/index.htm [https://perma.cc/85MP-2Q4S].
[2] See id.; see also Eunice Park-Lee et al., Notes from the Field: E-Cigarette and Nicotine Pouch Use Among Middle and High School Students — United States, 2024, 73 Morbidity & Mortality Wkly. Rep. 774, 778 (Sept. 5, 2023) (comparing changes in e-cigarette and nicotine use among youth); Timothy D. Becker & Timothy R. Rice, Youth Vaping: A Review and Update on Global Epidemiology, Physical and Behavioral Health Risks, and Clinical Considerations, 181 Eur. J. Pediatrics 453, 454 (2021) (defining vaping and distinguishing vaping from cigarette use).
[3] See Mass. Att’y Gen.’s Off., Preventing E-Cigarette and Tobacco Use by Young People, Mass.gov https://www.mass.gov/preventing-e-cigarette-and-tobacco-use-by-young-people (last visited Sept. 12, 2024) (reporting 50% of Massachusetts high school students reported using vapes).
[4] See Park-Lee, supra note 2, at 774.
[5] See generally Becker & Rice, supra note 2 (assessing what health implications stem from youth vaping habits).
[6] See id. at 453.
[7] See id. at 457.
[8] See id. at 456.
[9] See Becker & Rice, supra note 2, at 457. Vaping is also associated with higher levels of family conflict and delinquency, particularly among young adults whose parents also smoke. Id. at 458.
[10] See Park-Lee, supra note 2, at 778.
[11] See Marketing to the Youth of America: How E-Cigarette Companies Target Young People, Addiction Prevention Coal., https://apcbham.org/marketing-to-the-youth-of-america-how-e-cigarette-companies-target-young-people/ [https://perma.cc/ZM78-Q7LK] (discussing marketing strategies used by e-cigarette companies to target youth).
[12] See id.
[13] See id.
[14] See id.
[15] See Addiction Prevention Coal., supra note 11. Social media use is on the rise, particularly among youth. Id. This is concerning given that pro-tobacco ads that feature celebrity endorsements, emotional appeals, and animations
[16] See Alisa A. Padon et al., Youth-Targeted E-Cigarette Marketing in the U.S., 3 Tobacco Regul. Sci.95, 98 (Jan. 2017) (finding 88% of video ads promoted vaping considered better alternative to cigarettes.)
[17] See Addiction Prevention Coal., supra note 11.
[18] See id.
[19] See id.
[20] See Press Release, Mass. Att’y Gen.’s Off., AG Healey Sues Eight Online E-Cigarette Retailers for Illegally Selling Flavored Products in Violation of New State Law (Dec. 23, 2019), https://www.mass.gov/news/ag-healey-sues-eight-online-e-cigarette-retailers-for-illegally-selling-flavored-products-in-violation-of-new-state-law (last visited Sept. 20, 2024).
[21] See id.
[22] See id.
[23] See id.
[24] See Park-Lee, supra note 2, at 775-78.
[25] See Press Release, Mass. Att’y Gen.’s Off., supra note 20.
[26] See id.
[27] See Wyoming Leads in Youth Vaping Rates Despite Strict Laws, WRD News (Aug. 21, 2024), https://wrdnews.org/wyoming-leads-in-youth-vaping-rates-despite-strict-laws/ [https://perma.cc/E9AF-HXUQ].
[28] See id.
[29] See id.
[30] See, Wyoming – Stop a Big Tobacco Protection Act!, CASAA (Feb. 14, 2024), https://casaa.org/call-to-action/wyoming-stop-a-big-tobacco-protection-act/ [https://perma.cc/MLF4-LEC6]; see also Robert Taney, Stop the Wyoming Vape Sales Ban, Mi-Pod: Mi-Pod Blog (Feb. 15, 2024), https://mipod.com/blogs/mipodblog/stop-the-wyoming-vape-sales-ban [https://perma.cc/Z36V-JX4M].
[31] See Adam Hoffer & Jacob Macumber-Rosin, Vaping Taxes by State, 2024, Tax Found. (June 25, 2024), https://taxfoundation.org/data/all/state/vaping-taxes-2024/ [https://perma.cc/ZJ9A-RZRR].
[32] See id.
[33] See id.
[34] See Megan C. Diaz et al., Investigating the Impact of E-Cigarette Price and Tax on E-Cigarette Use Behavior, 64 am. j. preventive. med. 797, 799 (June 2023) (demonstrating that increased e-cigarette prices and taxes significantly reduce youth usage and intensity). The study found that a $0.50 tax increase leads to a 6.3% decrease in past 30-day use and a $1.00 increase results in a 12.2% decrease. Id. at 800.
[35] See Press Release, FDA, FDA Finalizes Enforcement Policy on Unauthorized Flavored Cartridge-Based E-Cigarettes That Appeal to Children, Including Fruit and Mint (Jan. 2, 2020), https://www.fda.gov/news-events/press-announcements/fda-finalizes-enforcement-policy-unauthorized-flavored-cartridge-based-e-cigarettes-appeal-children (last visited Sept. 20, 2024).
[36] See id.
[37] See id.
[38] See id.
[39] See Hoffer & Macumber-Rosin, supra note 31.
[40] See id.