Wisconsin lawmakers have taken a big step toward curbing the use of a product that's harmful for people and the environment — but their efforts are facing a significant legal challenge.
Under a new law that went into effect Sept. 1, the only vape products now legal in Wisconsin are those approved by the U.S. Food and Drug Administration. As WDIO reports, any store caught selling unauthorized products faces a fine of $1,000 per item, per day.
As of July, the FDA had approved a total of 39 vape products, under four different brand names. No flavored products, which are popular targets of vape critics because they can be enticing to children, are on the authorized list.
"I don't want children to be able to access these vapes that contain THC," state Rep. Jim Piwowarczyk, R-Hubertus, told Fox 11 News.
Just like other types of smoking, vaping carries considerable health concerns, such as higher risks of cancer, heart disease, and lung disease. The smoke created from vape products also adds to the air pollution that has led to warmer global temperatures. And disposable vapes, made largely of plastic and batteries, have become so frequently littered that they are major contributors to the plastic and e-waste problems plaguing the planet.
A 2023 study found that more than one-third of Wisconsin high-school students had ever vaped, and more than 5% reported that they vape every day. And despite efforts to reduce those numbers, the Wisconsin Department of Public Instruction says vaping statistics have stayed consistent since 2017.
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But not everyone is pleased with the new law. WiscoFAST, a trade group representing vape retailers in the state, has filed suit to stop the law, with its founder saying that "thousands of businesses will be impacted."
"We've had a lot of shops since this law went into effect … reduce their sales by up to 90%, and it's just not feasible," WiscoFAST's Tyler Hall told WKOW.
Wisconsin isn't the only entity putting these restrictions on vapes. Earlier this summer, the U.S. Postal Service decided to stop carrying unauthorized vape products.
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