EXCLUSIVE — An overwhelming number of disposed vapes found in the Washington, D.C., area were discovered to be flavored tobacco products despite a ban implemented in the city nearly two years ago, a new survey found.
Roughly 99.6% of the e-vapor products found in the district were flavored in violation of the city’s ban, according to a study conducted by the market research group WSPM and first shared with the Washington Examiner. Additionally, about 99.5% of the packaging and products found were exported from China.
The products were randomly collected from streets and public trash bins throughout the Washington area, as well as four of the largest surrounding cities: Arlington, Alexandria, Bethesda, and Silver Spring. The group gathered 5,000 discarded cigarette packs and another 2,000 e-vapor product packs from Feb. 1 to March 21.
The study comes after Altria, a smoke-free tobacco company, commissioned the survey from WSPM to see how the city’s flavored tobacco ban has affected the legal and illicit marketplace.
Local Washington lawmakers passed the Flavored Tobacco Product Prohibition Amendment Act in October 2022, which banned the sale of flavored tobacco products in the district, which includes menthol and other synthetic nicotine products. However, the study found that roughly 63% of the packs found were menthol cigarettes despite the law.
A majority of the vape products found were brought into the district from out of state, the survey found, as only 3.8% of packs collected had the Washington tax stamp on them. Comparatively, about 62% of the sample was from out of state.
Of the samples that were collected, WSPM found large quantities of the brands Lost Mary, EBCreate, Elf Bar, EBDesign, and Funky Republic — which are all illegal under federal law.
The study comes as several states consider some form of a ban on flavored vaping products, and five states have some sort of registry bills. At least six states already do and roughly two dozen others are debating registry bills that would further restrict what products can be sold in stores.
A handful of senators on both sides of the aisle have called on the Food and Drug Administration to crack down on the number of illegal vapes coming into the country from China, such as Sens. Dick Durbin (D-IL) and Tom Cotton (R-AR). Now, with the passage of Florida’s proposed ban, similar proposals could find their way into the halls of Congress.
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Lawmakers are also calling on the FDA to complete its review of e-cigarette sales applications in order to eliminate illicit vapes from the market. Lawmakers are also looking to other options to help consumers quit smoking, pressing the Biden administration to expedite the approval process for smoke-free tobacco products.
The Biden administration has come under fire for its plans for smoking products, particularly its long-awaited announcement on whether to implement a menthol cigarette ban. Lawmakers and advocacy groups alike have criticized the proposal, arguing it would lead to an increase in illicit sales and inconsistent enforcement.