A new Wisconsin state law went into effect Sept. 1 putting a ban on all vape products not approved by the FDA — limiting Wisconsin’s vape selection to 39 products. The bill was passed in 2023, however Wisconsinites for Alternatives to Smoking and Tobacco sued, preventing the bill’s enforcement until recently, according to Wisconsin Public Radio.
The Wisconsin vape industry, about 3000 small businesses, has been feeling the impacts of this decision. A particular store saw a decrease of 81% in sales since the implementation of this law, according to owner and President of WiscoFAST Tyler Hall.
“Big Tobacco is going to have a monopoly on the vape market,” Hall said.
The products owned and developed by small vape business owners over the past 15 years will no longer be allowed on the market.
This law was passed on the premise of preventing youth nicotine addiction, however Big Tobacco spent a significant amount of money and time lobbying the government. Most of the products now remaining on the market belong to Big Tobacco, Hall said.
Western District of Wisconsin Judge William Conley wrote in a court order Sept. 5 that the prevention of this law would not help the public or prevent harm to individuals, according to Wisconsin Public Radio.
Hall argues this law will harm individuals who use nicotine. Those addicted to nicotine will find alternative ways to consume nicotine without vapes, he said. The majority of users will transition from using vapes to using cigarettes and tobacco — though these are generally considered more dangerous, according to Hall.
“The people are going to continue to use nicotine, they are just going to have a whole lot less options,” Hall said.
Stores have had to rely on selling THC-A and Delta products since their vape products have dropped in sales, according to WBAY.
WiscoFAST has appealed this decision to the Seventh Circuit Court of Appeals, according to a Sept. 5 press release. They believe a higher court will see the merits of the case and provide relief to prevent further harm, according to the press release.
Addiction recovery resources:
- Badger Recovery, a program for students in or considering recovery from substance use: [email protected]
- Behavioral Health Resource Center of Dane County for treatment and recovery resources: 608-267-2244
- Connections Counseling: 608-233-2100, connectionscounseling.com
- End Overdose online Opioid Overdose Response Training: endoverdose.net/professional-training
- Other campus recovery resources: alcoholanddruginfo.students.wisc.edu/resources
- Safe Communities: 608-441-3060, safercommunity.net
- Tellurian Behavioral Health: 608-222-7311, tellurian.org
- Truth Initiative: truthinitiative.org
