Avenue Liquor, a vape retailer near Marquette University, is taking a hit after Wisconsin’s new law banning the sale of vapes not approved by the Food and Drug Administration took effect Sept. 1.
Right now, only a small number of vaping devices are approved by the FDA, including JUUL and Vuse, which can only sell menthol and tobacco flavors.
Angel Rodriguez, assistant manager at Avenue Liquor on Wisconsin Avenue, said those flavor options aren’t popular among Marquette students.
“I see the Marquette students come in and they’ll ask, ‘Wait, are you guys fully out?’ and I’m like, ‘Yeah, we can’t even have them on the shelf,'” he said.
Lawmakers are hoping to see a decline in youth vaping by eliminating the fruity flavors that appeal to a younger audience. Some popular vape products included in the ban are Breeze and Elf Bars.
If retailers violate the ban, they can receive a $1,000 fine per product per day. Rodriguez said when the ban went into effect, Avenue Liquor had 10-15 boxes of vapes ready to sell. The vapes had to be returned to the warehouse.
“We make money here, but not enough to afford having to pay almost a quarter million for having vapes,” Rodriguez said.
Shelves under and behind the register where vapes were stored are now empty. Rodriguez said the shop is trying to find products to fill the space.
Shortly before the ban went into effect, WiscoFAST, a Wisconsin trade organization, filed a lawsuit against the Department of Revenue claiming the law overreaches the FDA’s power to regulate vape sales. The first hearing was scheduled for Sept. 1.
In order for the now-banned vape products to be approved by the FDA, the companies must go through what’s called the Premarket Tobacco Product Application process. This includes submitting scientific data that proves the product complies with public health standards.
There isn’t an exact timeline for how long this takes, but the FDA says once all materials are submitted, it aims for a 180-day review period.
In Wisconsin, vape shop managers like Rodriguez are left in limbo as they wait to see when they’ll be able to restock their shelves.
This story was written by Sophia Tiedge. She can be reached at [email protected].
