But now, five years later, I’m skulking around Manhattan’s Canal Street, finding my nicotine fix at a windowless shop owned by enterprising immigrants, ready to sell me illegal nicotine products.
That’s because in 2019, New York state, always a leader in legislative sophistry, prohibited the sale of flavored electronic cigarettes because, the argument went, kids love tasty things and adults don’t. The New York law emboldened prohibitionists at the FDA, who on June 23 ruled that while traditional cigarettes, with all of their carcinogenic promise, are still available to adults, Juul was to be shut down by government fiat. (The next day, the U.S. Court of Appeals in Washington, D.C., blocked the FDA order, giving Juul a temporary reprieve. Earlier this month, the regulatory agency agreed to conduct an
additional review of Juul.)
Incompetent bureaucrats. Moralizing politicians. Dubious scientific claims. Frequent invocations of “the kids.” The government’s war on Juul has been a perfect storm of regulatory overreach.
Despite any available evidence suggesting that Juul would kill Americans with the alacrity of Marlboro Lights, beginning in 2018 the FDA attacked the company with a bizarre single mindedness, as did various state attorneys general. The allegation was that flavored vaping products were hooking a new generation of kids who would have otherwise gone to church, done yoga, and drank wheatgrass smoothies. It’s the oldest puritan trick in the book: If you want to ban something, claim that you seek its abolition in the interest of “the children.”
It worked. In 2019, the company “voluntarily” stopped selling flavored vaping products, pushing me towards surreal interactions with dealers promising, for an unreasonable fee, access to bootleg mango Juul pods.
Strangely, banning a product enjoyed by millions didn’t make it go away.
The evidence of the harm done by Juul’s products is scant, especially when compared to highly toxic combustible cigarettes. But the anti-Juul moral panic was given an assist by media puritans, who wrote countless nearly identical stories—often in nearly identical language—who amplified every shoddy study claiming vaping might even be as bad as smoking (many of which have been ably debunked by Dr. Michael Siegel of Tufts University Medical School). It became something of a requirement for reporters to describe the device as being “cool,” “resembling a USB drive,” and warning the students were being ensnared by “kid-friendly flavors” like . . . cucumber.
So why is the government waging war on Juul, a product that helps smokers like me?
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