Montana Health Dept. Backs Down, Drops Flavor Ban

Finally, some good news for the vapers in Montana. The state health department is dropping their proposed rule that would have banned face-to-face sales of flavored vaping products

This ban has made a huge impact on many states including California, Massachusetts, New York, New Jersey, and Rhode Island. These listed states have passed the SB 793 bill, and will begin to take action shortly soon. 

The proposed rule was set by the health care advocates who found studies showing that young adults are enticed by these products and could lead to a lifetime of tobacco use. Vape shop owners and others in the vape industry opposed this rule claiming it will do a lot of harm to their business. 

On Friday, August 21st, a poll was taken to determine if the Department of Public Health and Human Service followed legislative intent. According to the Chicago Tribune, “The decision came after 13 state senators and seven representatives, all Republicans, signed letters last month opposing the rule and stating that the health department does not have the authority to implement such a ban.”

Sheila Hogan, the agency director, spoke about the issue determining the state “needs more education” on the subject matter to properly inform the minors on the health hazards from e-cigarettes. However, there is no amount of education that could determine the mind of the committee to convince legislators on their own stance as the states only lawmakers. 

 

 

Back in October 2019, an alarming number of young adults took upon vaping and an outbreak of lung injuries and death occurred due to vaping. Governor Steve Bullock spoke to the health department implying to temporarily ban flavored vape sales. This began a downhill spiral turn, as more teens and young adults found access to vapes. 

Hogan spoke during a special meeting of the Children, Families, Health and Human Services Interim Committee regarding the flavor ban and its relation  to COVID-19. Hogan referenced a recent study by Stanford University that entailed how vaping can increase the risk of COVID excessively. Her research provided facts that the minors who use vaping products are five to seven times more likely to be infected with the virus. 

Sen. Jason Ellsworth is one of the 20 legislators who opposed the ban or rule. During the committee hearing he mentioned that the health department was, “circumventing the legislative process by trying to create law within rule.”

None of the survey ballots were mailed out to the legislators, therefore the poll was canceled once the health department officially withdrew the rule that banned flavor vaping. 

No one is sure how long this will last, as most legislators are working up a new bill to ban any kind of vaping formality. The health department had a setback and it ruled in favor of the pro vapers. Hopefully things stay the same, and everyone is staying healthy to prevent less vaping related illness.