SEPTEMBER 15th – New York State Governor Andrew Cuomo announces an emergency executive decision to ban the sale and distribution of flavored e-cigarettes. When navigating the politics of resentment, it’s nigh impossible to hide your tears in your nausea; and facing this preventative attempt to stop children from vaping is depressing. It sheds a light on the truth of the Governor’s decision-making abilities and the lack of analysis before drawing a line in the sand.
This raises a valid question – can Governors ban any product they don’t like or approve? It appears that they can ban whatever they want without compunction. Following Michigan’s Governor Whitman's decision to ban all flavored e-cigarette products, Cuomo is following suit. So much for unbiased governing and policymaking. It’s been quite the month for our beloved industry.
There might be some light at the end of the tunnel, considering Cuomo’s backing out of his license plate replacement program. After incredible opposition, the Cuomo Administration decided to reconsider. Perhaps something similar could happen with e-cigarettes. A problem that leers and loom with vile inexorability.
A machine gun is relentlessly aiming at us with the non-stop rat-a-tat of accusations, assumptions, blaming, and finger-pointing. The FDA’s paramours rejoice every time somebody’s lungs collapse. Regardless, we shouldn’t accede and bend over to these accusations based on nothing substantial. Without rhyme, reason, nor allusion, any news outlet can cry wolf. Solutions are lethargically late, but we should prevent more of this.
In Cuomo’s own words, “New York is confronting this crisis head-on and today we are taking another nation-leading step to combat a public health emergency. Manufacturers of fruit and candy-flavored e-cigarettes are intentionally and recklessly targeting young people, and today we're taking action to put an end to it. At the same time, unscrupulous stores are knowingly selling vaping products to underage youth - those retailers are now on notice that we are ramping up enforcement and they will be caught and prosecuted.”
There is a lot to unpack there, but let’s begin with the statement, “Manufacturers of fruit and candy-flavored e-cigarettes are intentionally and recklessly targeting young people.” The forest and the trees and whatnot. This echoes exactly what Michigan’s Governor claimed last week. With assumptions such as (a) flavors designed solely to market to children, (b) companies do this specifically to make new customers out of children, etc. The truth is simpler: adults also enjoy flavored e-juices.
The point being, initially, the entire epidemic caused by illicit products has nothing to do with this supposed “marketing to youth” problem. The official statement reads, “These efforts follow a series of actions taken by the Governor aimed at addressing the growing use of vaping products, which have come under national scrutiny following a rising number of cases of vaping-associated respiratory illnesses.” So, which one is it? There is no profundity in the petty, except obvious agendas.
Politician debutante Whitmer doesn’t consider an analysis of cause and effect. She can simply ban it, just because she doesn’t approve of this “debauchery.” The market faces diffidence following this, with small shop owners facing potential closure. How could vaping entrepreneurs keep their chins up under the threat of upcoming austere storefronts selling only menthol and tobacco flavors? Many instances of other products can be made in contrast, such as bubblegum-flavored alcohol, chocolate martinis, etc. And yet, nobody is making waves about that.
Reason.com contributor Jacob Sullum provides the context in a Governor’s power to ban something in the name of a so-called greater cause. Sullum writes, “Cuomo's move is based on an alarmingly broad understanding of a governor's authority to prohibit products in the name of "public health" without new legislation.” As it appears, a Governor can make the choice to clear the table with one fell swoop and wipe his or her hands clean.
Sullum continues to point out what we’ve discussed in this blog a hundred times: the dangers of vaping consumers going back to traditional cigarettes. A more powerful distinction follows: if they cared about public health so greatly, why don’t they ban cigarettes? They’re proven to have 99% more dangerous chemicals than e-cigarettes and e-juice. Similarly, other products like weapons, high-calorie sodas, or any other product that could cause injury, should be banned as well (according to this logic).
There is profundity in the petty, but the deeper we go, the more pointless this fight becomes. If you’re a Governor, you can establish your rules without legislative approval. You simply dislike something and proceed to ban it if you’re in the mood. Thanks to all this, if you’re in Michigan, and the police discovers that you’re carrying more than four Juul pods, you are facing a misdemeanor charge.
Why is this scary? California Governor Gavin Newsom aims to follow suit. Who will be next?
Winter is coming.
