2024 U.S. Vape Friendliness Rankings: Utah at the Bottom, California Second to Last!
The regulatory landscape for vapes in the U.S. has become increasingly polarized across different states. The regulatory attitudes in U.S. states towards vaping continue to show stark contrasts. In the 2024 U.S. Vape Regulatory Index Report, the Consumer Choice Center carried out a detailed study of vaping policies in the U.S., ranking all states based on how friendly their regulations are toward vaping. The findings reveal a clear divide in the approach taken across different states.
State Rankings Overview
A+ Excellent Performance: Alaska, North Dakota, and Tennessee achieved an A+ rating, demonstrating an evidence-based approach to vaping as a harm-reduction tool. These states do not treat vapes as tobacco products and have avoided additional flavor restrictions or taxes. Furthermore, they allow consumers the freedom to purchase customized vape products online, which better meet individual preferences. This level of flexibility promotes a healthy consumer-driven market.
A Good Performance: Arizona, Michigan, Mississippi, Missouri, Montana, Texas, Alabama, Arkansas, Oklahoma, and Wisconsin also received strong ratings, with their policies reflecting a balanced and fair approach toward vaping.
F Strict Restrictions: Utah (0 points), California (5 points, second to last), Vermont (10 points), Oregon, New York, New Jersey, Nebraska, Massachusetts, Illinois, Hawaii, Washington D.C., and Colorado (all scored 15 points) were at the other end of the spectrum. These states impose stringent regulations, viewing vaping as akin to smoking, and have put in place strict flavor bans, online sales restrictions, and burdensome regulations for manufacturers.
Behind the Rankings
States that earned an A or A+ grade are typically those with clearer, more informed policies that allow consumers to make an informed decision when choosing between vaping and smoking. These states are aware of the health benefits of vaping as a harm-reduction tool and provide a framework where consumers can distinguish the two products. For instance, in these states, the taxes on cigarettes are generally higher than those on vapes, making vaping a financially attractive and safer alternative to smoking. With the regulatory focus aimed at preventing youth access to these products, these states strive to balance the protection of minors with the rights of adults to make their own decisions regarding their health.
Alaska, North Dakota, and Tennessee are prime examples of this approach. These states have created environments where harm-reduction policies are central to their vaping regulations. The states treat vaping as a potential tool to help reduce the harms associated with traditional smoking rather than a harmful product in itself. These states typically avoid unnecessary restrictions on flavors and online sales, providing consumers with more freedom in their choices while maintaining effective age-verification systems to prevent underage use. These states serve as a model for what balanced vaping regulation can look like, as they ensure both adult smokers and the industry can thrive without endangering public health, particularly that of minors.
However, while these states are making strides toward safer and more responsible vaping policies, the long-term sustainability of these regulations is still uncertain. Political shifts, lobbying from various interest groups, and the constantly changing landscape of public health opinions on vaping could lead to future alterations in these policies. It's crucial that states continue to monitor the effects of their policies closely, to ensure that they are achieving their intended outcomes without inadvertently restricting adult choices or pushing people toward less regulated or unsafe alternatives.
On the opposite end of the spectrum, states like Utah rank the lowest on the index, earning a score of zero. Utah has one of the most stringent vaping policies in the country, treating vapes as equivalent to traditional tobacco products. In Utah, all products that haven’t been approved by the FDA are banned, including various vape flavors, which are a significant part of the vaping experience for many users. The state also implemented a "PMTA registry," essentially requiring manufacturers to register their products with the FDA before they can be sold. In addition to these restrictions, Utah has placed a ban on the online sale of vape products, effectively limiting consumer access to a broad range of options.
These policies are based on the idea that vaping contributes to the rise of youth tobacco use, a claim that is increasingly being questioned by data. Although youth vaping rates are still a concern, overall smoking and vaping rates have been in decline in many parts of the U.S. in recent years. Studies have shown that the policies in states like Utah have not been effective in significantly reducing youth vaping rates. Instead, they have created unintended consequences, such as pushing consumers toward lower-quality, unregulated products that pose greater health risks. In some cases, these restrictions have even fueled black market activity, making it more difficult for authorities to ensure consumer safety. Consumers who still want to vape are increasingly turning to illicit products that are not subject to any safety or quality control measures. This not only harms individual users but also undermines the ability of government authorities to regulate the industry effectively.
Declining Regulatory Friendliness
When comparing the 2024 report to the 2020 U.S. Vape Regulatory Index, the decline in regulatory friendliness is alarming. In 2020, Missouri was in the middle of the pack with an A rating, and half of the states earned an A. This was indicative of a relatively balanced approach to vaping regulation, where states acknowledged the potential of vaping as a less harmful alternative to smoking while also recognizing the need to regulate the industry to prevent youth access. Fast forward to 2024, and the landscape has changed significantly. The mid-range states now include Wyoming, which scored a C, highlighting the growing uncertainty and polarization in the regulation of vaping. The number of states with the lowest scores has also increased, from 6 in 2020 to 12 in 2024.
One major factor contributing to this shift is the dramatic increase in flavor bans. In 2020, only 12 states had enacted flavor bans, but by 2024, that number had surged to 20 states. This represents a significant tightening of restrictions, which has raised concerns about the impact on consumers' ability to find products they enjoy. Flavors have been a key reason why many smokers have transitioned to vaping, as they offer a customizable experience that can help reduce the harshness of the product and make quitting smoking easier. Banning flavors could push more consumers back to traditional cigarettes, which are far more harmful.
Furthermore, the surge in online sales bans has added to the regulatory challenges facing the industry. From just 4 states in 2020, the number of states banning or restricting online sales of vape products has skyrocketed to 18. This is particularly problematic in the context of a global market where online sales offer convenience and access to a broader range of products. These restrictions prevent consumers from exploring a wider variety of options and may push them toward less regulated sources. Online sales bans also disproportionately affect smaller, independent businesses that rely on the ability to sell their products directly to consumers via the internet.
Additionally, the implementation of PMTA registries has become increasingly widespread, with 32 states having passed or attempted to pass legislation requiring manufacturers to register their products with the FDA. While the PMTA process is essential for ensuring product safety and quality control, it has been criticized for being overly burdensome, especially for smaller businesses in the vape industry. Many manufacturers argue that the process is costly and time-consuming, potentially stifling innovation and limiting market competition.
The Bigger Picture: A Critical Moment for the U.S. Vape Industry
The U.S. vape industry stands at a critical juncture, where the decisions made by regulators could have far-reaching consequences for both the domestic and global markets. The 2024 U.S. Vape Regulatory Index provides a snapshot of the policies shaping the future of vaping in the U.S., and it highlights the need for a balanced, evidence-based approach. The divide between states with progressive, harm-reduction strategies and those with overly restrictive policies is growing, creating an increasingly fragmented market.
The future of vaping will not only depend on policymakers but also on the industry's ability to navigate this complex regulatory environment. It is essential for industry stakeholders to collaborate and work together to promote science-based policies, consumer education, and self-regulation. By ensuring that the industry remains compliant with regulations while fostering innovation, the vape industry can continue to provide adult smokers with a less harmful alternative to traditional cigarettes.
However, this task is not without its challenges. As vaping continues to be under scrutiny, it is crucial for the industry to prove that it can be part of the solution, not part of the problem. By focusing on creating safer products, educating consumers about the benefits of vaping, and collaborating with regulators, the industry can build a more sustainable future.
Ultimately, the goal should be to create an environment where adult smokers have access to better, safer alternatives, while also ensuring that vulnerable groups, particularly minors, are protected from the potential risks associated with vaping. This is a delicate balancing act, but with responsible regulation and cooperation, the vaping industry has the opportunity to reshape its future, offering smokers more choices while safeguarding public health.
The path ahead may be filled with challenges, but it also represents an unprecedented opportunity to prove that vaping can be a part of the solution in the fight against smoking-related harm. The vaping industry must rise to the occasion, promoting responsible innovation and ensuring that consumers are empowered to make informed decisions.If you're looking for a high-quality vape, we recommend the Lost Mary MT15000 Turbo and the Lost Mary Vape Quasar OS25000 Disposable Vape.