"A 21,000 percent increase in smuggling proves once and for all that the Massachusetts flavor ban experiment has been an embarrassing catastrophe," said Domenech, who had been appointed to his Big Apple post by then-Republican Mayor Michael Bloomberg and now works with Georgetown University.
"They are spending so much time seizing so much product they literally can’t find a place to store the contraband," he said.
While the rule of law is important, sometimes new laws themselves may need revisiting, he suggested.
Without the ability to levy taxes on what is now an illegal product that remains ubiquitous elsewhere in New England, bordering states like New Hampshire – less than an hour from Boston – seek to reap the tax benefits of Massachusetts’ ban as customers go a little out of their way to buy their products, he said.
Prohibiting adult products like vapes "never works," Domenech added. "It moves sales out of the stores and into the streets."
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"They are spending so much time seizing so much product they literally can’t find a place to store the contraband," he said.
While the rule of law is important, sometimes new laws themselves may need revisiting, he suggested.
Without the ability to levy taxes on what is now an illegal product that remains ubiquitous elsewhere in New England, bordering states like New Hampshire – less than an hour from Boston – seek to reap the tax benefits of Massachusetts’ ban as customers go a little out of their way to buy their products, he said.
Prohibiting adult products like vapes "never works," Domenech added. "It moves sales out of the stores and into the streets."

21,000% spike in MA vape seizures throws cigarette ban into question, ex-ATF official says
A former ATF official with expertise in tobacco law enforcement questioned the veracity of vape and e-cigarette bans, given results of a new report in Massachusetts.
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