Marin County’s Vape Ban Misses the Point

Once again, well-intentioned lawmakers are confusing nicotine with smoking—and the result could be disastrous for public health. 

Marin County supervisors have voted to advance an ordinance that would ban the sale of nicotine vapes while setting a minimum price floor for cigarettes and other tobacco products. If finalized, this measure would eliminate legal access to nicotine alternatives, while leaving cigarettes—the deadliest nicotine delivery system of all—on store shelves. 

That’s not progress. That’s prohibition. 

 

There Is Science—Lots of It 

Despite what some local officials claim, it is absolutely not true that there’s “no science” showing vaping is safer than smoking. 

The evidence is clear and overwhelming: 

The U.S. National Academies of Sciences, Engineering, and Medicine (2018) concluded that “vaping is significantly less harmful than smoking combustible cigarettes.” 

The UK’s Office for Health Improvement and Disparities (formerly Public Health England) reaffirmed that vaping is at least 95% less harmful than smoking and remains the most popular—and effective—method for adults to quit cigarettes. 

In July 2025, the U.S. FDA itself authorized the sale of five JUUL products, citing “robust data” showing high rates of adults who completely switched from smoking to vaping tobacco or menthol products. 

That’s not anecdotal. That’s science, backed by global research and government review. 

 

The Problem With Prohibition 

When governments ban legal, regulated nicotine vapes, they don’t make addiction disappear—they just push it underground. 

Look no further than the UK, where a recent Haypp Group report found that 62.5% of vapers still use banned disposable vapes, and 35% admit to buying them illegally since the country’s June 2025 ban. The result? A booming black market, unsafe counterfeit products, and no oversight whatsoever. 

Marin County’s proposal risks repeating the same mistake: banning alternatives to combustible cigarettes while leaving cigarettes untouched. 

 

Why Harm Reduction Works 

For adults who smoke, switching to vaping isn’t trading one problem for another—it’s a step toward a longer, healthier life. 

 Vapes eliminate combustion—the source of nearly all smoking-related disease and death. That’s why every major scientific body that has reviewed the evidence agrees that vaping dramatically reduces exposure to carcinogens and toxins. 

When adult smokers are denied access to these products, the result isn’t better health—it’s relapse. 

 

The Real-World Consequences 

Marin’s ordinance doesn’t just harm consumers—it threatens local jobs and small businesses. Licensed vape retailers follow strict ID verification rules and provide adult smokers with responsible access to alternative products. 

Banning these stores doesn’t protect youth—it protects Big Tobacco’s market share. 

As Jaime Rojas of the National Association of Tobacco Retailers warned, “These restrictions will hurt responsible small businesses and drive sales—and tax revenue—out of the county.” 

That’s not regulation. That’s regression. 

 

A Smarter Path Forward 

Instead of bans and fear-based policies, Marin County and others like it should focus on: 

Enforcing age verification and cracking down on illegal sellers, not legitimate retailers. 

Educating consumers with accurate information about harm reduction. 

Supporting adult access to regulated, science-backed alternatives. 

Banning vapes while taxing cigarettes into luxury items doesn’t reduce harm—it just punishes adults trying to quit smoking. 

 

The Bottom Line 

Vaping isn’t the problem—it’s part of the solution. 

Science supports it. Consumers depend on it. And prohibition has already proven it doesn’t work. 

If we want fewer people smoking, we need policies that empower smokers to switch—not laws that push them back to cigarettes or into the black market. 

The future of public health isn’t in bans—it’s in balance, education, and access to safer choices.