The industry's sapping will stop promoting the flavors but menthol and tobacco



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Efforts to ban flavored electronic cigarettes and reduce their appeal to young people have been under industry pressure in more than half a dozen states this year while a state, Michigan, applies its own restrictions and President Donald Trump promises federal laws.

In many cases, the struggle of the industry and its lobbyists has focused on abandoning the most popular mint scents and its close cousin, menthol.
But public health experts say that all flavors should be banned and that menthol can still hook children to vaping.

Trump's proposal on Wednesday, which would supersede state inaction, includes a ban on mint and menthol, and an industry giant has quickly said it will capitulate.

Health and Social Services Secretary Alex Azar watches President Donald Trump talk about a plan to ban the most flavored electronic cigarettes at the White House Oval Office on Wednesday, September 11, 2019 in Washington . (AP Photo / Evan Vucci)

"We strongly agree with the need for aggressive class-level action on flavored products," said a statement released by Juul Labs Inc.
"We will fully comply with the FDA's final policy when it becomes effective."

But the fight in the state legislatures has been fierce.
Vaping and tobacco industry lobbyists fought the ban on flavors in Hawaii, California, New Mexico, Massachusetts, New York, Maine and Connecticut.

These bans failed or stalled, even as the Michigan governor this month issued emergency rules banning flavored electronic cigarettes. The New York Democratic governor, Andrew Cuomo, on Monday expressed the wish to ban flavored electronic cigarettes.

On Tuesday, September 3, 2019, a photo of electronic cigarette capsules are on display for sale at Good Guys Vape Shop in Biddeford, Maine. Efforts to ban flavored electronic cigarettes and reduce their appeal to young people have failed under industry pressure in more than half a dozen states this year. The industry and its lobbyists have urged lawmakers not to touch mint and menthol. A ban proposal raised by President Donald Trump on Wednesday, September 11 would replace any state inaction and include a ban on mint and menthol. (AP Photo / Robert F. Bukaty)

Trump's federal proposal, as it stands, would not require congressional approval, meaning that lobbying efforts to undo it could be less effective than in state legislatures.
Juul spent $ 1.9 million during the first half to try to influence the White House, Congress and the Food and Drug Administration.

The Vapor Technology Association has announced that it has spent $ 78,000 this year fighting California's proposed ban on flavored electronic cigarettes, while one of the largest tobacco companies in the world, Altria, said it had spent more than $ 100,000 last fall to lobby.
The bills have since stalled.

Reynolds American, who sells Vuse Alto electronic cigarettes, said he spent $ 240,000 on paid lobbyists in New York this year.
At least $ 23,000 was enough to fund their lobbying campaign against a flavored tobacco ban that was not passed this year.

On this Tuesday, September 3, 2019, photo, Andrew Teasley, a salesman at Good Guys Vape Shop, is steaming while he uses an electronic cigarette in Biddeford, Maine. Efforts to ban flavored electronic cigarettes and reduce their appeal to young people have failed under industry pressure in more than half a dozen states this year. The industry and its lobbyists have urged lawmakers not to touch mint and menthol. A ban proposal raised by President Donald Trump on Wednesday, September 11 would replace any state inaction and include a ban on mint and menthol. (AP Photo / Robert F. Bukaty)

Altria, who is also Juul's lead investor, also spent more than $ 70,000 in Maine this spring on a social media and e-mail campaign to lift the ban on flavored electronic cigarettes and all tobacco products, according to lobbying reports filed with public ethics officers.
Maine still has no flavor ban.

The global market for e-cigarettes and e-cigarettes was valued at $ 11 billion in 2018.
The increase in teenage vaping is mainly due to flavored cartridges such as Juul, which controls about three-quarters of the US e-cigarette market.

The proposals and the fight against lobbying come as health authorities investigate hundreds of reported respiratory diseases in people who have used electronic cigarettes and other vaping devices.
No devices, ingredients or additives have been identified, although many cases involve marijuana vaping.

On Tuesday, September 3, 2019, photo, Devin Lambert, director of Good Guys Vape Shop, shows how to explode a steam ring using an electronic cigarette in Biddeford, Maine. Efforts to ban flavored electronic cigarettes and reduce their appeal to young people have failed under industry pressure in more than half a dozen states this year. The industry and its lobbyists have urged lawmakers not to touch mint and menthol. A ban proposal raised by President Donald Trump on Wednesday, September 11 would replace any state inaction and include a ban on mint and menthol. (AP Photo / Robert F. Bukaty)

Fragrance advocates claim that adult cigarette consumers claim that flavorings have helped them quit smoking and that lawmakers should instead focus on companies trying to associate young non-smokers with marketing and packaging. clearly adapted to children.

"One of the things we're seeing is that the state legislatures react reflexively to media reports and there is no scientific basis to determine that flavorings are the problem. So we have to get rid of all the flavors, "said Tony Abboud, president of the Steam Technology Association.

It was feared that the tobacco and vaping industries would win their fight to keep at least the most popular flavors, mint and menthol.
This concern has now been dampened by Trump's announcement Wednesday that its ban would include menthol and mint.

In this photo of August 28, 2019, a man sighs using an electronic cigarette in Portland, Maine. Efforts to ban flavored electronic cigarettes and reduce their appeal to young people have failed under industry pressure in more than half a dozen states this year. The industry and its lobbyists have urged lawmakers not to touch mint and menthol. A ban proposal raised by President Donald Trump on Wednesday, September 11 would replace any state inaction and include a ban on mint and menthol. (AP Photo / Robert F. Bukaty)

Last November, the FDA announced repressive plans that could lead the federal regulators to remove all the flavors of the electronic cigarette beyond menthol and mint, which would be useful to adult smokers on tablets.
The FDA has also announced its intention to ban menthol cigarettes.

The FDA announcement comes just two days after Juul announced the stoppage of store sales of mango, fruit, cream and cucumber flavors in retail stores.

The company's CEO said Juul had never anticipated that young people would use their products, but that they were "sensitive" to the concerns expressed by the FDA.

And a Juul spokesman, Ted Kwong, said, before Wednesday's announcement by Trump, that the company would support a total ban on flavors that mimic sweets, foods, and children's beverages.

Nevertheless, according to the policy proposed by the FDA, Juul Labs still distributes aromas of mint, menthol and tobacco in retail stores.
The company also sells flavored products via its website.

Anti-smoking and anti-smoking groups say there is no scientific basis for leaving menthol or mint alone.
They warn that menthol has been unethically marketed to African Americans and that such flavors may further increase the appeal of e-cigarettes for young people who do not smoke by overcoming nicotine hardness.

"Anything that overcomes the toughness of tobacco flavoring is something that children will find more appealing," said Hillary Schneider, director of government relations in Maine for the American Cancer Society Action Network.

But banning mint aromas has been controversial politically.

In Maine, convenience store owners thwarted by a proposed ban on flavors claimed that mint, wintergreen and menthol accounted for 30% of store-proposed flavors across the state and tax revenues $ 32 million.

Legislators then considered an adjustment to allow only the flavors of menthol, mint and wintergreen.
Maine eventually passed a bill backed by the tobacco and steam industries, as well as by small retail stores that prohibit the sale of electronic cigarettes to persons under 21 years of age and give them to consumers. minors under 16 years old.

The Michigan governor's administration, Gretchen Whitmer, discussed the exemption from the ban on e-cigarettes with mint and menthol flavors, but "determined that this is the best way to protect young people." Said Bob Wheaton, spokesman for the Department of Health Human Services.

A court challenge is expected for the Michigan ban.

Abboud said Wednesday that states should wait for the moment.

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