After newly-enforced legislation rocked the e-cigarette market in Wisconsin, vape retailers filed a lawsuit.
But they’re not the only ones that object. The American Lung Association likewise reacted critically, opposing the merit and motivation of the bill.
The law regulating the sale of e-cigarettes was passed in December 2023. As of Sept. 1, vaping devices not approved by the Wisconsin Department of Revenue are prohibited from being sold in state stores. Each item unauthorized for retail will carry a fine of $1,000 for each day it sits on the shelf, clearing out selections at stores across the state.
The bill was passed to combat the use of potentially dangerous products and vaping among youth.
However, Molly Collins, American Lung Association advocacy director for Wisconsin and South Dakota said some measures fail to address the core problem with vaping. Instead of targeting the risks involved with e-cigarette usage, she said, these regulations only exterminate the competitors of larger state-approved brands, such as Altria, JUUL and R.J. Reynolds.
“Essentially it’s about market share, not about public health,” Collins said.
Instead, Collins suggests that legislation seeking to address e-cigarette usage should create barriers to accessing all products, not just those that fail to meet regulations. She said raising the tax on vaping devices could make it more difficult for youth and young adults — who account for most vape users — to purchase these products.
“Kids are very price-sensitive consumers, so raising the tax on e-cigarettes or vape products would make a big difference in making it less affordable for kids to purchase these types of products,” Collins said.
From 2019-2023, the Center for Disease Control and Prevention reported that young adults aged 21-24 were the most likely to use e-cigarettes.
In the 2023 Wisconsin Youth Risk Behavior Survey, one in six high school students reported having vaped in the last 30 days, including 20.1% of 12th graders.
“We just want to keep helping people understand that these products will have long-term health consequences, which isn’t something most kids are thinking about,” Collins said.
According to the CDC, most e-cigarettes contain nicotine, which can harm a user’s lungs and hinder brain development.
However, the CDC says vaping may benefit those who smoke cigarettes if used as a complete substitution for tobacco. That potential, paired with financial loss, prompted a lawsuit from Wisconsin e-cigarette retailers, who are fighting to reverse the legislation and put more products back on their shelves.
The lawsuit, filed by Wisconsinites for Alternatives to Smoking Tobacco maintained a violation of the U.S. Constitution’s Supremacy Clause, citing excessive oversight from the state of Wisconsin on federal regulation. WiscoFAST requested a temporary lift of the regulations while the case was under review.
On Sept. 5, Judge William Conley denied the request. WiscoFAST responded by appealing to the U.S. Circuit Court of Appeals for the 7th Circuit, though it is unclear when it will be processed.
“This is a matter of federal authority, public health and economic survival for our members,” Tyler Hall, WiscoFAST President, said in a press release. “We believe a higher court will see the merits of our case and grant the relief necessary to prevent irreparable harm to our businesses and the adults they serve.”
This story was written by Lance Schulteis. He can be reached at [email protected].
