Rhode Island: Judge rejects motion to block law banning flavored vaping products

Rhode Island’s new law banning the sale of flavored vaping products will go into effect Jan. 1, following a federal judge’s decision to reject a lawsuit by two vaping retailers seeking to delay its implementation. The companies, Vaporetti LLC and Sunshine Vape LLC, had sought a temporary restraining order, arguing that the law was unconstitutional, ill-defined and “irrational” and that the ban would seriously harm their businesses. U.S. District Court Judge Mary S. McElroy ruled against the order on Dec. 19.

In late November, East Providence-based Vaporetti and Sunshine Vape filed suit against the state Department of Finance and its director, Thomas Verdi, the Division of Taxation and its administrator, Neena S. Savage, and the Department of Health and its director, Dr. Jerome Larkin, seeking to invalidate the law, which was included in the state budget passed in June 2024.[1].

Judge upholds state's public health goals

At a hearing on Dec. 19, Judge Mary S. McElroy ruled against the plaintiffs, emphasizing the law’s connection to Rhode Island’s public health goals, particularly protecting young people from nicotine addiction, and the measure also targets adult health. The decision reflects the state’s commitment to protecting public health, according to Timothy Rondeau, a spokesman for the attorney general’s office. "The ban is aimed at protecting children from the harmful effects of nicotine and has already been in force for almost five years," said Mr. Rondeau. The State recalled that a ban on the products in question had already been in force for five years and that flavored devices should no longer be sold by manufacturers in any case.

The law, which will come into force on 1^er January builds on a 2019 executive order by then-Governor Gina Raimondo that temporarily banned sales of flavored vapes through an emergency health regulation. The new legislation formally codifies that ban into state law, prohibiting the sale and possession of “flavored electronic nicotine delivery system products.” Enforcement will be handled by the Internal Revenue Service, which is authorized to confiscate non-compliant products.

Sales of menthol and tobacco-flavored e-cigarettes will be allowed to continue, but will be taxed: 50 cents per milliliter for disposable vapes, or 10 cents of the wholesale price for other rechargeable devices.

Delay action by taking legal action

The ban on flavored vaping products and its upholding by the courts are part of a broader trend in the United States and around the world. A growing number of countries are taking steps to reduce youth nicotine addiction by imposing stricter regulations on flavored vaping and nicotine products. Supporting these restrictive texts is the particularly attractive nature of sweet and fruity flavors for minors.

The tobacco and nicotine industry and retailers are opposing these measures by filing lawsuits aimed at delaying or even reversing the implementation of these measures. In early December, the US Supreme Court was seized following the Food and Drug Administration's (FDA) refusal to authorize two e-cigarette manufacturers to sell flavored products.[2]. Last November, the court in The Hague ruled that the Dutch state was allowed to ban flavours in e-cigarettes in order to protect public health. The court made the decision in substantive proceedings brought by tobacco manufacturer British American Tobacco (BAT) and its related company Nicoventures, which considered the ban unlawful.[3].

These legal actions by manufacturers also aim to dissuade other states or governments from implementing similar measures, by forcing them to mobilize significant human and financial resources in connection with these disputes.

©Tobacco Free Generation

AE

[1] Katie Mulvaney, RI's flavored vape ban survives legal challenge for now. Here's what to know., The Providence Journal, published December 23, 2024, accessed December 27, 2024

[2] Generation without tobacco, Supreme Court rules in favor of FDA's marketing denials of flavored e-cigarettes, published on December 11, 2024, consulted on December 27, 2024

[3] Generation without tobacco, Netherlands: Court upholds ban on e-cigarette flavours, published on November 13, 2024, consulted on December 27, 2024