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Day: April 4, 2022

Hawaii: Eliminating vape flavors would cause more problems than it would solve

By Yaël Ossowski

When the state acts to protect our children, we trust it will do so with knowledge and responsibility. Considering the rise in availability of vaping products this last decade, it is understandable that the State Legislature has been called on to act.

But if Hawaii curbs the sale of flavored vaping products — intended for adult former smokers — this will not eradicate the problem of youth access. Rather, it may make it even worse.

Health committee chair Rep. Ryan Yamane admitted as much last week, stating “I don’t want our youth who are electronic savvy to get access to unknown supplies or, who knows, black-market cartridges laced with dangerous substances through the internet where we don’t know where it’s coming from.”

What Yamane alludes to is the 2019 EVALI epidemic, when illicit cannabis vaping devices made their way into the hands of thousands of people across the country, causing death and serious lung injuries that spread panic around vaping products. There were 4 cases in Hawaii.

The CDC has concluded that virtually every case was linked to a supply of bootleg THC vape cartridges laced with Vitamin E Acetate. While these products are far removed from the vaping devices found in convenience stores and vape shops, even though activists have attempted to connect them, the EVALI crisis demonstrates the ills associated with unregulated black market products.

Massachusetts enacted a ban on flavored vaping products in 2019 and the results should raise caution. Since the ban, a massive influx of smuggled tobacco and vape products has resulted in a thriving black market, siphoning tax revenue for the state, criminalizing adult consumers trying to make the healthier choice, and exposing kids to black market dealers who don’t ask for ID.

Making a product illegal will not necessarily make the demand for it go away, as the era of Prohibition taught us.

If Hawaii moves forward with a vaping flavor ban, they’ll not only endanger our kids, but they will also push adult consumers to switch back to smoking combustible tobacco, a disaster for public health. Over 1,400 Hawaiians lose their lives to smoking-related illnesses each year. As found in multiple studies and even Public Health England, vapers benefit from 95% less harm than cigarettes.

Fortunately, more than 7% of Hawaii’s adult population uses vaping products, accounting for over 100,000 Hawaiians who have switched to a better alternative, including our elderly. According to data from the Hawaii Journal of Medicine and Public Health, the largest demographic of Hawaiian vapers are actually over 65.

If those retirees have their smoking cession options taken away, it will not only nudge them back to smoking and put their health at risk, but it would cost Hawaii dearly. Smoking-related healthcare costs already cost Hawaiian taxpayers $141.7 million annually, not to mention the pain of long-term illnesses and deaths experienced by many families.

Our goal should be to expand people’s choices to quitting tobacco, not to limit them severely.

What’s more, similar bans to what is proposed here in Hawaii have actually been demonstrated to increase smoking rates among youth in jurisdictions like San Francisco. Data from the Journal of the American Medicine Association shows that the flavored vaping product ban caused increased smoking rates for youth aged 18 and younger.

If we are concerned about youth gaining access to vaping products, we need to ask why it is happening. Are retailers breaking the law and selling it to them? Are they asking older friends or family to acquire for them? Will adult users of these products still have less harmful alternatives to cigarettes if we outlaw them? These are important considerations.

Teenagers seek out risky behavior, whether it is drugs, alcohol, or vaping devices. Education and parental responsibility, however, would be much more effective than a sweeping ban that would boost a new black market and deprive responsible adults of products they have sought to improve their lives. This is the choice Hawaii will have to make.

Yaël Ossowski is deputy director at the Consumer Choice Center.

The case for permissionless innovation in tobacco harm reduction

By Yaël Ossowski

As a consumer advocate enamored with technology, there is nothing more satisfying than seeing a new product or service providing a solution to an old problem.

The entire world of Bitcoin — lightning nodes, censorship resistance, and frictionless cross-border payments — is doing wonders for financial freedom and security.

Ride-sharing and home-sharing apps are putting dormant property to use, providing income for drivers and homeowners and rides and places to stay for tourists and students.

And when it comes to tobacco harm reduction, innovation is picking up at breakneck speed, offering new and more effective ways to wean smokers off the harms of cigarettes. At another time, this is something public health organizations would have praised.

Pod vaping devices, open tanks, synthetic nicotine disposables, snus, heated tobacco products, and nicotine pouches are offering precisely what former smokers need without the same level of risk, all varied to some degree.

It is the permissionless innovation of this entire field — entrepreneurs large and small — that provides such hope to us technological optimists and harm reduction advocates. It excites us to the opportunities that progress can provide.

But for opponents of this particular shade of innovation — whether health groups, academics, or competing lobbies —  the very nature of how these products come to be is what so concerns them.

The vast majority of vaping products and alternative tobacco products are not spawned from public grants, university studies, or government programs, but rather from the process of entrepreneurial discovery, offering solutions to problems that exist in society.

This could be a former-smoker turned vaping entrepreneur with a thriving flavored liquids business run out of his garage, a multinational tobacco firm with thousands of employees, or a group of engineering students who just want to create a cool and safer alternative to the daily pack of cigarettes.

These entrepreneurial forces are reacting to a demand in the market, namely, millions of smokers who want to stub their last cigarette. For many of us, this is a positive example of permissionless innovation. For others, it is nothing more than greed and exploitation.

One can understand that the institutions and lobby groups that oppose efforts at tobacco harm reduction are threatened by private industries providing solutions more effective than the status quo. Or perhaps they even question their intentions.

But the fact remains that millions of former smokers, driven by their own conscious wants and needs, have found an alternative that works for them, provided by firms and entrepreneurs who did not ask for the permission of authorities. That is how our market economies should work.

To that end, new lines of nicotine pouches, vape mods, and disposable vapes are debuted on the market each day, some better than others.

Many of these innovators will fail: perhaps they will create a product that fails to gain customers or blur ethical lines on their advertising that eventually send them to court. Or, as in most cases, will vastly underestimate the cottage industry of governmental lobbying that can only be navigated by the most skilled and politically-connected industries, as the US Food & Drug Administration’s byzantine PMTA process has demonstrated.

That said, we should continue to cheer the innovators that provide us with solutions. And we should support them when their interests, and by extension, ours, are threatened by burdensome regulations and bureaucratic decrees.

When legislators are fed false narratives about lung illnesses and their connection to legal vaping products, as the 2019 EVALI crisis demonstrated, or perhaps are confronted with bombastic claims about a youth vaping epidemic, we must stand up for the people for precisely the people who will be hurt by spontaneous legislation: the adult users of the drug who just want a better option.

There are real externalities that must be dealt with: youth access, dangerous products laced with other compounds, and faulty devices that endanger users.

But we cannot kneecap the permissionless innovation in tobacco harm reduction that is saving lives and giving us solutions we couldn’t even imagine. If that remains a priority for consumer advocates like myself, it will have made all the difference.

Yaël Ossowski is deputy director of the Consumer Choice Center.

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