Washington advocates push for state ban on flavored vapes

A broad coalition of Washington educators, doctors, researchers and social justice advocates has launched a campaign to ban flavored nicotine vapes in the state, citing the product’s contribution to youth addiction.

“We want to create a generation that will not be targeted by the tobacco industry, a generation who will not be susceptible to tobacco-related death and disease,” said Brittany Grant, regional advocacy director for Tobacco-Free Kids, one of the groups leading the coalition. “We can’t put profits over lives.”

The group has already found two lawmakers willing to sponsor a ban once the Legislature returns in January: Rep. Kristine Reeves, D-Federal Way, and Sen. T’wina Nobles, D-University Place. Nobles is a University Place School Board director. The district sued popular e-cigarette company JUUL in 2022 over advertising that allegedly targeted youths.

“I urge my colleagues to join me in supporting legislation that would end the sale of flavored tobacco products in our state, holding companies accountable for harm that has been caused by targeting young people,” Nobles said.

The coalition is calling itself “Flavors Hook Kids Washington” and is seeking to ban all flavored tobacco products, including menthol cigarettes. According to Tobacco-Free Kids, 7.7% of Washington high school students use vapes, also known as electronic cigarettes – about on par with the national rate, based on the 2024 National Youth Tobacco Use Survey.

The national survey found 87.6% of youth e-cigarette users used flavored e-cigarettes, with fruit flavors being the most popular. In February 2020, the U.S. Food and Drug Administration restricted flavors in cartridge-based reusable e-cigarettes to just menthol and tobacco – but that restriction doesn’t include disposable cartridges, and the national survey found disposables were the most common e-cigarette product used by youth.

E-cigarette use among youths dropped to the lowest level in a decade this year, reported the U.S. Centers for Disease Control and Prevention in early September. Tony Abboud, executive director of Vapor Technology Association, an e-cigarette trade association, argued the numbers show “the notion that there is some youth vaping crisis is simply false.”

“They’re fighting yesterday’s news,” Abboud said of Flavors Hook Kids Washington. “The issue is what comes next: You ban flavored vaping, and the science has shown that cigarette smoking in your state goes up.”

Abboud is referring to a 2023 Yale University study led by researcher Abigail Friedman that found flavor restrictions in place for a year or longer resulted in a 20% increase in sales of traditional cigarette brands often used by underage smokers. A 2024 study found similar results for “some populations” but warned that it’s difficult to analyze recent statewide bans due to how the pandemic changed youth behavior.

Vaping is considered safer than traditional cigarettes by many experts, although some disagree. However, experts largely agree that any use of tobacco among youth is unsafe.

Another study from the Ohio State University found nearly two-thirds of youths would quit vaping if flavors were banned. Advocates also say tobacco and vape advertising often targets Black, low-income and LGBTQ+ communities.

Reeves said she has personal experience with tobacco addiction; her mother smoked three packs of cigarettes a day, starting with menthol-flavored cigarettes at 9 years old. Reeves’ mother later died of lung cancer at age 60, she said.

“I’ve seen first-hand the devastating impact tobacco has on families, especially Black and Brown families,” Reeves said in a statement. “We must protect our kids from flavors meant to entice them into a lifetime of addiction. This legislation is not just about prevention; it’s about ensuring that all our children can grow up in a healthier, more equitable environment.”

As of September 2023, five states have banned the sale of flavored tobacco products, and two additional states have restricted some flavored tobacco products.

This isn’t the first time a vape ban has been considered in Washington. In 2019, the state’s Board of Health implemented a four-month ban following an executive order from Gov. Jay Inslee requesting the emergency action. Inslee’s request included asking to prohibit flavored THC products.

The coalition’s suggested ban on tobacco products would not include THC or other cannabis products.

The emergency ban came up against opposition from people who said flavored vapes helped them quit smoking traditional cigarettes. There is some research showing that e-cigarettes can help people quit smoking, and that flavored vapes are more effective than those without flavors.

But the Centers for Disease Control points out that the FDA has approved seven medications to help people quit smoking, and none of them are e-cigarette products. The FDA’s refusal to approve flavored vapes is being challenged in federal court.

“We know that this is not going to be an easy fight,” Grant said. “What we want to encourage legislators is to research and know the facts.”