Maryland Bans Flavored Disposable E-Cigarettes

MARYLAND — Regulators in Maryland are cracking down and closing what they say is a loophole in federal vaping regulations.

Comptroller Peter Franchot instituted a statewide ban on disposable e-cigarettes with flavors other than tobacco or menthol, a prohibition designed to close a loophole in the federal policy, which only covers flavored cartridge-based electronic smoking devices.

"As the state’s tobacco regulator, it’s my legal and moral responsibility to protect consumers, especially children, from the hazardous substances contained in these unauthorized products," Franchot said. He issues licenses for retailers that want to sell tobacco products and said that if they do not comply, they could be penalized or have their licenses suspended or revoked.

"In recent months, we’ve heard troubling reports of health-related issues, including deaths, that have been directly attributable to the use of [electronic smoking devices]," Franchot said. "At the same time, the use of [electronic smoking devices] among teens has skyrocketed. I will not stand idly by letting kids get addicted to nicotine and hurt by these unregulated products that are marketed directly towards them."

About 99 percent of e-cigarettes contain nicotine, which can cause addiction and harm the developing brain, according to the Centers for Disease Control and Prevention (CDC). Ingesting e-cigarette liquids may also be toxic, federal health officials advised.

There were more than 2,500 hospitalizations for lung injuries associated with vaping products, including 54 deaths, as of December 2019, according to the CDC.

About 37 percent of high school seniors reported vaping in 2018, compared with 27 percent in 2017, according to the National Institutes of Health.

After determining flavors were driving youth preference for e-cigarettes, the U.S. Food & Drug Administration began cracking down on flavored cartridge-based e-cigarettes in February.

The Maryland Comptroller's Field Enforcement Division will be on the lookout for disposable electronic smoking products particularly popular with children, with flavors like strawberry hard candy, pineapple lemonade, mango bomb, berry gelato, lush ice and O.M.G., the comptroller's office said in a statement, posting a bulletin about the targeted enforcement on its website.

"The federal flavor ban left a gaping hole for disposable flavored vape products," said Kathleen Hoke, J.D., University of Maryland Law School professor who is also a leader in public health policy. "I am happy to know Comptroller Franchot is putting children first by closing that gap."