Flavored E-Cigarette Sales Banned In Montana

The Montana Department of Public Health and Human Services (DPHHS) announced on Dec. 13 it will begin enforcing Emergency Rules that temporarily restrict the sale of flavored e-cigarette products in Montana. The enforcement of these rules went into effect on Dec. 18, and include the sale of all flavored e-cigarette products, including flavored nicotine, THC and CBD e-cigarette products, both in-store and online. The restriction will last 120 days.

This restriction was initially supposed to go into effect on Oct. 22. On Oct. 18 however, Ravalli County District Judge Jennifer Lint signed a temporary restraining order that prohibited Governor Bullock and health officials from enforcing the ban. The Montana Smoke Free Association, Freedom Vapes, Liberty Smoke and uBlaze Vapor brought the lawsuit claiming the ban could force more than 20 Montana businesses to close. Business owners also argued the lung injuries that were occurring as a result of e-cigarette usage were a result of black market vaping products and the temporary ban would put them out of business, claiming many of their customers were using vaping as a way to quit smoking.

District Judge Lint heard arguments on Oct. 30 and Nov. 1 in Hamilton but has still not made a ruling six weeks later. “Though the state has thus far declined to enforce the emergency rules pending resolution by the court, the imminent threats to public health and human safety that precipitated the rules are ongoing and demand a public health response,” stated the health department and Gov. Steve Bullock in a notice of intent to enforce the emergency rules.

The notice of intent to enforce the ban was filed with the District Court in Ravalli County on Dec. 13. Court documents state “the State respectfully provides notice to the Court and to Petitioners that it intends to begin enforcement of the Emergency Rules effective at 1 p.m. on Wednesday, Dec. 18, 2019.” According to the Governor’s chief legal counsel, the court will decide when the clock starts on the 120 days, however the state will argue that the rules have never been in effect so the 120 days should start on the effective date of Dec. 18.

Since the Emergency Rules were first announced, DPHHS has confirmed five additional cases of e-cigarette or vaping product use associated Lung Injury (EVALI) in Montana. DPHHS also continues to investigate multiple potential new cases. In addition, the imminent threat to public health and safety caused by epidemic levels of youth use and addiction remains unchanged. According to DPHHS, nearly 60 percent of Montana high school students and 30 percent of middle school students have tried vaping, In 2019, almost one in 10 Montana high school students vaped daily, which is a 23 percent increase from 2017. A recent report by the FDA states that 96 percent of 12 to 17-year olds who initiated e-cigarette use started with a flavored product and 70 percent report the flavors as the reason they use e-cigarettes.

At the local level, Valley County Health Department’s Tobacco Prevention Specialist Teri Long is getting the word out on the effects of e-cigarette use and educating the public what e-cigarettes look like. She provided a presentation to sixth, seventh and eighth-graders at the Glasgow Middle School on the effects of e-cigarette usage and also had a table set up during parent/teacher conferences at the middle school. “I showed the parents the results of a survey the students did while I gave the presentation at the middle school on the usage of e-cigarettes. With surveys, students can say they have tried it when they didn’t, and say they never tried it when they did. According to Montana Office of Public Instruction, 58 percent of middle and high school students try or are still using e-cigarettes,” explained Long. She also has future plans to speak to high school students after the first of the year. “It’s all about educating the community at all levels, city and county,” she stated.

As the Valley County’s Health Departments Tobacco Prevention Specialist, she will be out making sure Glasgow companies are not selling the flavored e-cigarette products that are applicable under the ban. “I am hoping the ban will hopefully help curb the usage. Though, the ban won’t affect those on the reservation or pure online sales,” said Long.

Youth who need assistance with quitting are encouraged to text, chat or phone My Life, My Quit, which is a youth program geared to youth ages 12-17 who want to quit all forms of tobacco, including vaping. Text (or call) “Start My Quit” to 1-855-891-9989 or visit mylifemyquit.com. There are also a number of other resources available including Montana Tobacco Quit Line, 1-800-QUIT-NOW (1-800-784-8669), American Indian Commercial Tobacco Quit Line, 1-855-372-0037 or even contacting Long at 228-6261 to obtain resources to quit or for more information.