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CDC Revises Recommendation on Vaping & State Legislative Bill Actions

The following is an update from the National Association of Tobacco Outlets (NATO) sourced through their January 21st online bulletin. Reposted with permission.

CDC Revises Recommendation on Vaping

As a part of its on-going investigation into lung illnesses, the U.S. Centers for Disease Control and Prevention (CDC) has concentrated investigative efforts on the vaping of THC and unregulated black-market vaping products as the cause of illnesses due to vaping these illicit products.  On January 17, 2020, the U.S Centers for Disease Control and Prevention moved away from the agency’s initial broad recommendation that people consider refraining from vaping altogether in response to the outbreak of lung illnesses in 2019. The CDC’s new limited recommendation issued just last week focuses on urging people not to use THC-containing vaping products since the vast majority of lung illnesses resulted from the use of products containing THC. The CDC recommendation went on to state that youth, young adults and women who are pregnant should not use any kind of vaping product.  The link below is to the CDC press release announcing its revised recommendation:

Link:  https://www.cdc.gov/media/releases/2020/p0117-evali-cases-decline.html

 

State Legislative Bill Introductions

State tobacco-related legislative bills that have been introduced in the past week are listed below alphabetically by state: 

Arizona:  House Bill 2173 adds the use of e-cigarettes to the state law prohibiting smoking in public places.

Florida:  Senate Bill 1638 prohibits the sale of flavored e-liquid.  Senate Bill 694 prohibits the sale of flavored e-liquid, prohibits self-service sales of tobacco products, prohibits the sale of tobacco or vapor products unless in a direct, face-to-face exchange with the retailer.  House Bill 1037 and Senate Bill 1394 impose the OTP excise tax of 85% of the wholesale sales price on vapor products. 

Georgia:  Senate Bill 298 increases the purchase age for tobacco and vapor products from 18 to 21 years of age.  House Bill 731 increases the tax on cigarettes by $1.50 per pack, the tax on cigars by 19%, and the tax on loose tobacco by 32%;

Hawaii:  House Bill 1666 extends the radius from 1000 feet to 1500 feet of any school where it is prohibited to distribute sample tobacco products, promotional materials, and coupons redeemable for tobacco products.

Indiana:  House Bill 1351 establishes a minimum purchase age of 21; requires a tobacco business to be 1,000 feet from schools (current businesses grandfathered in); caps nicotine content of e-liquid and electronic cigarettes at 20 milligrams per milliliter.  Senate Bill 397 caps nicotine content of e-liquid and electronic cigarettes at 20 milligrams per milliliter.  Senate Bill 423 requires an individual to be at least 21 years of age to purchase, possess or sell tobacco, e-liquid or electronic cigarettes.  Senate Bill 374 caps nicotine content of e-liquid and electronic cigarettes at 20 milligrams per milliliter.  Senate Bill 375 prohibits the sale of electronic cigarettes or e-liquid.

Maine:  Senate Bill 725 generally prohibits the sale of electronic smoking devices and nicotine liquid.

Missouri:  House Bill 2159 increases the purchase age for tobacco and vapor products from 18 to 21 years of age and bans the sale of flavored tobacco products.

New Jersey:  Assembly Bill 961 requires licensure for manufacturers, distributors, wholesale dealers, and retail dealers of electronic smoking devices and related products.  Assembly Bill 964 and Senate Bill 514 prohibit the sale of menthol cigarettes.  Assembly Bill 966 prohibits the sale of menthol cigarettes and flavored electronic smoking devices.  Assembly Bill 967 prohibits coupons and price reduction promotions in the sale of tobacco and vapor products.  Assembly Bill 983 prohibits the sale of flavored cigars.  Assembly Bill 992 revises the requirements for the sale of tobacco and vapor products—increases penalties for violations; increases license fees; prohibits the sale of tobacco products in pharmacies; bans the sale of electronic smoking devices designed to mimic another object (e.g. flash drive); prohibits the sale of vaping liquids with a nicotine concentration greater than two percent. Assembly Bill 993 revises licensure and operational requirements for vapor businesses; increases taxes imposed on vapor products—20% of retail on open systems and $.20 per fluid milliliter for closed systems.  Assembly Bill 1705 imposes a 3.5% tax on the retail sales of all products containing liquid nicotine (intended to replace the $.10 per fluid milliliter tax).

New York:  Senate Bill 7259 prohibits the sale of cigarettes with single-use filters and single-use electronic cigarettes.

Oklahoma:  House Bill 3315 (pre-filed) imposes a tax on electronic smoking devices at the rate of 44% of the wholesale price.  Senate Bill 1423 (pre-filed) increases the legal age to purchase and possess tobacco products and vapor products from 18 to 21 years of age. Senate Bill 1675 (pre-filed) prohibits the sale of all flavored vaping products (includes menthol).

Rhode Island:  House Bill 7041 raises the legal age to 21 for the purchase of tobacco products, electronic nicotine delivery systems and liquid nicotine containers.

South Carolina:  House Bill 4714 creates a $.05 per milliliter tax on vapor products; House Bill 4808 prohibits the manufacture, sale, possession, or distribution of vapor products in the state. Senate Bill 995 prohibits the sale of flavored vapor products.  House Bill 4798 requires vapor product retailers to obtain a license.

Utah:  Senate Bill 37 (pre-filed) makes a number of amendments to the regulation of tobacco products, electronic cigarettes and nicotine products, including: requiring nicotine product labels to disclose that they contain nicotine; requiring retailers to provide each customer with an itemized receipt and maintain records regarding each customer identifying the name of the product purchased, the amount charged and the date and time of the sale; taxing electronic cigarettes and related products at 86% of the manufacturers sales price; taxing nicotine devices at the same rate, effective July 1, 2021; adds nicotine products to the minimum legal sales age provision (currently 19, and increasing in stages to 21 by July 2021); and setting a minimum sales price for electronic cigarettes of at least 90% of the cost, including restrictions on certain discounting practices other than physical manufacturer’s coupons. 

Vermont:  House Bill 746 prohibits pharmacies from selling cigarettes, electronic cigarettes and other tobacco-related products.  Senate Bill 288 bans the sale of flavored tobacco products, flavored e-liquid and flavored tobacco substitutes.

Virginia:  House Bill 1372 requires any person that engages in the sale of vapor products to register with the Department of Taxation as a retail dealer.  Senate Bill 852 increases the tax on cigarettes by $1.50 per pack and the tax on other tobacco products by 29%.  Senate Bill 921 authorizes all counties, cities, and towns to impose a local cigarette tax without rate limit.  Senate Bill 966 prohibits the sale or distribution at retail of a flavored nicotine product.  House Bill 1365 prohibits the manufacture, sale, or distribution of any vapor product that was not manufactured, prepared, or processed by a person registered with the FDA.

Washington: House Bill 2454 and Senate Bill 6254 prohibit the sale of all flavored electronic cigarette products; limit the nicotine content/delivery of vapor products; contain licensing requirements for both in-state and out-of-state vapor product manufacturers; prohibit manufacturers from also be licensed as a retailer or delivery seller.

 

State Legislative Bill Actions

State tobacco-related legislative bills that have been acted on by a state legislative committee or state legislature are listed below alphabetically by state:

California:  Senate Bill 538, a carryover from last year that would have required e-cigarette manufacturers to provide the State Department of Public Health with a description and photograph of each type of e-cigarette product sold in the State, and allowed the Department to charge an unspecified fee to cover the costs of the program, failed January 14, 2020 when the Governor’s veto was sustained.

Florida:  Senate Bill 810, which increases the purchase age for tobacco and vapor products from 18 to 21 years of age, was referred to Senate Committee on Rules.

Kentucky:  Senate Bill 56, which prohibits the sale of tobacco products and vapor products to persons under the age of 21, reported favorably from the Senate Health and Welfare Committee on January 15, 2020.

New Hampshire:  House Bill 1477, which increases the cigarette tax from $1.78 to $1.90 per pack, was scheduled to be heard in the House Ways and Means Committee on January 16, 2020.

New Jersey:  The following bills passed the Assembly and the Senate on January 13, 2020: Assembly Bill 5922—5923 (combined), which revises the requirements for the sale of tobacco and vapor products—increases penalties for violations; increases license fees; prohibits the sale of tobacco products in pharmacies; bans the sale of electronic smoking devices designed to mimic another object (e.g. flash drive); prohibits the sale of vaping liquids with a nicotine concentration greater than two percent [Note: Assembly Bill 5922-5923 was vetoed by the New Jersey Governor].  Senate Bill 3265, which prohibits the sale of flavored electronic smoking devices, was signed by the New Jersey Governor.

New York:  The following bills were heard in and reported from the Senate Health Committee on January 14, 2020: Senate Bill 428, which prohibits the sale of flavored e-liquid (including menthol). Senate Bill 1148, which prohibits the use of coupons or use of a price reduction instrument to lower the price of certain tobacco products. Senate Bill 4249, which limits the number of retail electronic cigarette stores in cities and towns based on proximity to schools, places of worship and other retail electronic cigarette stores—-prohibits new locations of retail electronic cigarette stores and tobacco businesses on the same street within 200 feet of buildings exclusively used for schools and places of worship, in a city within 500 feet of three or more existing stores and within a town or village within a two square mile area of three or more existing stores. Senate Bill 6697, which prohibits the sale of refillable electronic liquids, liquid nicotine or e-liquids used to refill electronic cigarettes or electronic cigarette cartridges. Senate Bill 7050, which prohibits the sale of electronic cigarettes that contain certain toxic metals (list to be established by the department of public health). Senate Bill 7068, which prohibits the sale flavored smokeless products (including menthol, mint and wintergreen) within 500 feet of schools.

Virginia:  House Bill 93, which bans the sale of flavored tobacco and vapor products, was referred to House Committee on Finance.  House Bill 785 and Senate Bill 484, which allow any county, city, or town the authority to tax cigarettes, were referred to House/Senate Committees on Finance.  House Bill 1119, which bans the sale of flavored tobacco and vapor products, was referred to House Committee on Courts of Justice.  House Bill 1120, which increases the tax on cigarettes to $1.50 per pack and increases tax on OTP by 29%, and creates a vapor tax of 39%, was referred to House Committee on Finance.  House Bill 1185, which limits flavored vaping product sales including menthol to age-restricted stores only, was referred to House Committee on Courts of Justice.  House Bill 1283, which prohibits the sale of tobacco products through self-service vending machines and prohibits tobacco sales within 1000 feet of a youth-oriented facility, and prohibits online sales of tobacco and vapor products, was referred to House Committee on Courts of Justice.

Washington: Senate Bill 6254, which prohibits the sale of all flavored electronic cigarette products, limits the nicotine content/delivery of vapor products, contains licensing requirements for both in-state and out-of-state vapor product manufacturers, and prohibits manufacturers from also be licensed as a retailer or delivery seller, will be considered in a hearing in the Senate Health and Long Term Care Committee on January 22, 2020.