New York’s recent landmark lawsuit is a pioneering first in the U.S’s efforts to counter the rapidly escalating teen vaping crisis. Accusing multiple disposable vaping product firms of racketeering, among other local, state, and federal offenses, this strategic legal action is an audacious attempt to rein in a large-scale, criminal operation that’s been largely overlooked. Policymakers and parents alike have achieved some success in fighting the teen vaping epidemic, yet the problem has simply reshaped and grown.
Over recent years, a deluge of illegal, disposable vapes in youth-appealing flavors has overwhelmed the United States. Arriving mainly from China and sneaking past our borders and ports, hundreds of millions of these vapes have penetrated the country. Flavorful vapes like Peach Ice, Watermelon Frenzy, and Razzmatazz, encased in vibrant packaging, are purposefully devised to lure in our young ones. Despite flavored vapes being prohibited in New York for several years, absence of effective enforcement has rendered them easily accessible.
The FDA have tried to combat the problem by banning flavored vapes nationwide, however, their efforts have been subverted by poor communication of their own policies which cripples local enforcement. Furthermore, the FDA's attempted rectification may well be too little too late.
New York State, already a hotbed for illicit tobacco sales, now finds itself in the firing line of a global network of criminal vape distributors. These distributors take advantage of the FDA’s lapse, inundating every corner of the country with hundreds of millions of illegal vapes.
As the New York City's 117th sheriff, appointed by Mayor Mike Bloomberg said, "I have personally faced this issue while developing a tobacco tax enforcement program to tackle the unlawful market: it's a vast problem. Over half of the cigarettes sold in the state are sold illegally."
Nowadays, these illicit vapes are frequently found alongside illegal cannabis in the emergent and disorderly recreational marijuana market. It's encouraging, although long overdue, to see our city making a concerted effort to grapple with the rising threat of illegal disposable vapes.
Illegal vapes from China pose a significant health risk as they contain unknown ingredients and are produced with substandard materials, with no standard oversight. Some reports highlighted that fentanyl found in specific vapes has led to teen overdoses. In order to really make a dent in this public health crisis, we need clear, consistent policy that relies on evidence-based science, and is supported by robust enforcement strategies.
Despite the current pressing need to address this disposable vaping epidemic, it's vital that we don't rush into further prohibitions like the proposed nationwide menthol ban. The fight against this epidemic is far from over, and the time is ripe for cities and states to follow New York's lead, using its decisive action in this lawsuit as a blueprint to fight back against the illicit vape trade. But for now, we’ve got our work cut out for us, and we're bracing for an uphill battle.
