Upon further review, it is clear that flavored vaping products are instrumental in aiding adult smokers in their quest to quit smoking cigarettes. It is our opinion that legislation on vaping flavors must take this fact into account, and we urge legislators against the widespread implementation of such bans. As has been demonstrated, we know that flavor bans reignite the problems of prohibition, which is a net negative for society, both in terms of criminal activity and consumer safety. We also know that banning flavors runs the very serious risk of nudging vapers back to smoking cigarettes.

While youth access to vaping products is a serious problem, and one that needs to be addressed, it would be misguided to ban vaping flavors to attempt to accomplish the goal of eliminating youth use. Banning flavors would disproportionately harm smokers who are trying to quit, which runs against the goals of public health agencies. Rather than enact heavy-handed bans, and recreate prohibition, it would be best if legislators focused more narrowly on youth access at the point of sale. For example, legislators could enact rules that more strictly prohibit youth access, penalizing those who violate these laws with stricter penalties. It would be reasonable for health authorities to revoke business licenses for businesses caught selling to minors on repeated occasions. Once penalties are set, and business owners have their livelihood at stake, it is unlikely that those store owners will run the risk of selling to minors.