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Taking a ‘hit’

FDA ban on e-cigarettes and menthols to affect local stores

FILE - In this April 11, 2018, file photo, a high school student uses a vaping device near a school campus in Cambridge, Mass. With the Food and Drug Administration recently calling e-cigarettes an epidemic among teenagers, Arizona is stepping up efforts to keep youths from vaping. Arizona health officials are launching an anti-vape campaign in December and pursuing e-cigarette businesses aimed at minors. (AP Photo/Steven Senne, File)

Area businesses are expecting to take a big hit when the FDA’s new restrictions take effect. Although many are shocked at the restrictions being placed on e-cigarette sales, which include restricting them to a closed off area of a store and the sale of certain flavors, it’s the ban on the sale of menthol cigarettes and flavored cigar products that really has store owners — and smokers — worried.

Jennifer Jackson, manager of Robo Enterprises North on the corner of Central Avenue and East Fifth Street in Dunkirk, heard about the FDA’s plans to ban flavored tobacco products on Thursday. “I mean this flavored tobacco product,” she said, motioning to a display behind her.

“We sell a ton of it, so to get rid of flavors…I think that would hurt us in the long run.” Over the course of just 10 minutes on Friday morning, Jackson and employee Patience Seabolt assisted almost half a dozen customers purchasing flavored tobacco products.

Jackson heard about the FDA’s plans to ban menthol cigarettes from her cigarette company rep on Friday. “We go through over 20 cartons in a week in Newport Menthol 100s alone,” said Jackson. “Getting rid of menthol, I think, would have a huge impact.”

Although Jackson is not a smoker, she knows many who will be very disappointed. “This is the FDA — this isn’t just New York state. Banning menthols is just insane to me,” she shook her head. “More people smoke a menthol cigarette than vape. I personally don’t smoke, but most of the people I know who do, it’s a menthol.”

Pictured is a JUUL e-cigarette device, which includes the pod cartridge/mouthpiece (left) that holds a liquid pod containing flavor and nicotine, and is then attached to the end of the device.

During the conversation, Seabolt rang up a customer’s sale, which included multiple flavored cigar products. She said to the customer, “The FDA is taking away all flavored cigars in the entire country, you know.”

“That’s not good!” the customer exclaimed. “What am I going to do? I’m going to quit smoking!”

According to Jackson, the store sells some e-cigarette products, but sales do not compare to flavored cigar or menthol cigarette sales. Speaking of e-cigarettes, like JUULs, Jackson said, “I don’t think we really see a lot of younger people who buy them. I do know a lot of younger people who vape, but that’s more at vape shops,” she noted. “The way I see it, if they want it, they’re going to get it online anyways.”

Jackson said the store sells more than 30 cartons a week in Newport cigarettes alone, but more than 20 of those cartons are Newport Menthol 100s. “We sell all brands, but menthol is the biggest seller, regardless of what brand they are. It’s definitely going to hurt us in the long run,” Jackson said.

A menthol cigarette smoker, who asked not to be named, shared her feelings on the ban with the OBSERVER. “I just don’t think it’s fair,” she said. “If you’re going to ban one flavor, then why not just get rid of all of them — the full flavors, the lights? Why are they just targeting menthol smokers?”

Robo Enterprises North manager Jennifer Jackson, left, and employee Patience Seabolt are pictured here completing a customer’s purchase of flavored cigar products.

Like many menthol smokers, she said she prefers the flavor of menthols and finds that they’re stronger than other cigarettes. “So New York wants to legalize pot but get rid of menthol cigarettes? That makes no sense,” she said.

It seems other businesses in New York state may soon take a hit, so to speak, based on a recent announcement from Governor Cuomo’s office. New York state may be the first state to ban the sale of all flavored e-cigarettes as early as next year. While the new FDA restrictions are limiting where e-cigarettes can be displayed in a store and have banned all but tobacco, mint and menthol flavored e-cigarettes, Gov. Cuomo’s plan would do away with the sale of all flavors altogether.

In anticipation of such legislation, popular e-cigarette company JUUL has already pulled their non-mint and menthol flavors from store shelves nationwide and are only selling them online to customers 21 years and older. The company said it’s also shutting down its Facebook and Instagram accounts, as the company and the FDA supposedly “share a common goal – preventing youth from initiating on nicotine,” said JUUL CEO Kevin Burns, in a media statement released earlier this week.

An employee at Yeti Vape on West Main Street in Fredonia declined to comment on the news under instruction from his employer. He said Yeti Vape, which owns seven locations in western New York, Pennsylvania and Ohio, instructed employees not to discuss the new restrictions, as they are planning to issue a statement soon. Calls to Yeti Vape officials were not returned as of Friday afternoon. When asked if the Fredonia store sells many flavored e-cigarette products, the employee nodded yes.

Although the new FDA restrictions are not expected to take effect for approximately 90 days, many are already thinking about how they are going to adjust. “If they’re going to take away the Newport menthols, I guess I’ll quit,” said Seabolt. “I mean, it will be healthier for me.”

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