Vaping and Prohibition


On November 23rd, 2019, the President began backed off his plan to ban flavored vape products. Followers and fans may not find his decision surprising. This saga replicates the President's prior flip flopping on gun control legislation. Unsurprisingly the President's unspoken reason for backing off the ban is because advisers believe it could prevent him from winning reelection. Yet, his campaign thinks it can't pass a ban on flavored vape products without losing the election!?! This belief implies that 1) The President has huge support from the vaping community, but is afraid of losing it, 2) People who vape are one issue voters, and 3) The election is so close Trump's advisers believe he can't take any action that might lose him votes, even if he believes it is the right policy.
Prior to watching this conference, I didn't have much of an opinion on vaping. From the little I'd read, vaping seemed unhealthy, but healthier than cigarettes, and those are readily available for public consumption.

I'll admit, I wasn't initially interested in the issues around the product, and was drawn to the President's articulated argument against banning e-cigarette flavors. During the televised meeting a number of organizations invested in defending children (like the American Lung Association, the American Cancer Society, and the Campaign for Tobacco-Free Kids) argued against flavors. The main producer of e-cigarettes, Juul, wanted to ban flavors, while a minority of attendees (including one of Juul's competitors, NJOY) argued in favor of flavor. Watching grown adults defend vaping, writing off its effect on kids, even while admitting they wouldn't want their kids touching their product was appalling. Their argument for flavor was simple. Proponents argue vaping is safer than smoking, but medical professionals and scientists say they aren't so sure. Adults will relapse to cigarettes if flavors disappear. E-cigarette companies (not Juul), also argued with absurdly inflated numbers, that hundreds of thousands of workers would lose their jobs, and thousands of stores would close if companies stopped selling flavored vapes.

The arguments against flavor was more convincing. Children are attracted to flavored liquids, not cigarettes. According to Mitt Romney and the Truth Initiative, roughly sixty percent of kids don't realize vapes contain nicotine. They just thought it was, as Senator “Unicorn Poop” flavored water. Even short use leads to addiction, and a life long dependency. Is it worth offering adults additional flavors, at the risk of imprisoning a new generation of Americans in addiction?

The issue of smoking, vaping, and whether any company should be able to sell a poisonous product with kid marketing is a serious topic which should be debated. Unfortunately, the President keeps making the argument that banning a product doesn't prevent people for accessing it. Trump makes this point multiple times, saying, “If we take out flavors, won't they just be made illegally.”

The allies of e-cigarettes egged on the President, by accusing the ALA, ACA, and CTFK of coordinating with Democratic Presidential candidate Michael Bloomberg in an attempt to sabotage Trump. Watching a profit seeking organization which sell poison (even if it is a lesser poison) accuse agencies working on the behalf of child of playing politics, was one of the most obscene things I'd ever seen. They humored his argument, saying that halting the sale of black market products would be difficult. They shouldn't have.

The President's argument assumes that if the government bans X, people will purchase it anyways, but illegally Therefore, don't ban X, because the legal product is safer and can be taxed. The argument is illogical because it doesn't deal with the product at all. This debate technique can be used to shutdown discussion of any topic, and has been used by Republicans and Democrats alike to protect their policy preferences. It allows partisans to avoid talking about the merits of the product.

Society should ban certain products and choices. Voters and their representatives decide together to ban that which they deem immoral. Prohibiting easy access to items will not prevent everyone from having them. It will cause people to seek illegal versions or procedures. That is not a good argument against banning something, in and of itself. It is absurd not to ban something because some people will acquire it regardless. By the same argument, actions which are currently banned shouldn't be legal because people are already preforming them illegally.

What citizens should do is vote for representatives that support their preferences. One of the strangest issues today is the divergence between public opinion and the law. Gerrymandering, racial voter suppression, a national media which continually pushes the opinion that progressive policies are unpopular, and a system which proportionally awards more Representatives to smaller rural states, continually frustrates the priority of the many.

This article offers no opinion on what should be banned, just a refutation of an illogical error.  It doesn't argue for banning a particular product, or rescinding an active ban.  It rejects a justification. Using the “we can't ban anything, because people will buy it illegally anyways,” argument would result in access to everything. It would tear down age restrictions on products as well. I say this as a person who opposes censorship, but recognizes that the best defense is in the details. I don't say: we should allow people to access any book because they will find a way to read it anyways.

Fortunately, someone else at the meeting recognized the President's error. Penny Nance, the President and CEO of Concerned Women for America, rebuked the Presidents argument, saying “When you make something illegal, there is always the black market. We can say that about anything. We can say that about heroin.”

In conclusion don't deploy the laziest, illogical defense in support of your policies. Or you may end up sounding like a pandering politician.

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