TPA’s Consumer Center Staves Off Flavored Vape Bans in Eight States in 2023

Despite many other pressing fiscal issues facing Americans in 2023, lawmakers from more than half a dozen states attempted to address the so-called youth vaping epidemic by introducing legislation that would ban the sale of flavored e-cigarettes. Such proposals were unjustified by the data and would have dramatically reduced adult access to life-saving products for those looking to reduce or eliminate their consumption of traditional tobacco products.

The Consumer Center at the Taxpayers Protection Alliance (TPA) closely tracked these pieces of legislation and repeatedly testified on these proposals, offering information to lawmakers in several states countering the prevailing, misleading narrative about a youth vaping epidemic.

As a result, in the first half of 2023, none of those states have passed full bans on flavored vaping products, with only Louisiana banning flavored vapor products without a Food and Drug Administration (FDA) marketing order. Unfortunately, state lawmakers continue to be preoccupied with a supposed “youth vaping epidemic,” despite historic lows in youth use of traditional tobacco products and steep declines in youth vaping. TPA’s Consumer Center will continue to monitor such efforts and provide testimony in support of consumer freedom and harm reduction.

Below is a recap of the TPA Consumer Center’s efforts so far this year:

– February 1 – Testimony before the Connecticut Joint Committee on Public Health on House Bill 6488. The legislation would have banned the sales of flavored tobacco and vapor products. The bill failed to advance out of a second committee and was tabled.

– February 8, 15, and 24 – Testimony before the Hawaii House Labor and Government Relations Committee, the House Consumer Protection and Commerce Committee, and the House Finance Committee on House Bill 551. The bill would have banned the sale of flavored tobacco and vapor products. The bill passed the Hawaii House of Representatives but failed to make it out of Senate Committees.

– February 15 – Written testimony submitted to the Maryland Senate Finance Committee against Senate Bill 259. The legislation would have banned the sale of flavored tobacco and vapor products. The bill failed to come to a vote in committee.

– March 1 – Requested testimony before the Vermont Senate Committee on Health and Welfare against S. 18. The legislation would have banned the sale of flavored tobacco and vapor products. The bill passed the Senate but failed to make it out of committee in the House.

– March 1 – Written testimony before the Minnesota Senate Health and Human Services Committee against Senate File 2123. The legislation would have banned the sale of flavored tobacco and vapor products. The bill passed out of committee and was referred to the Senate State and Local Government and Veterans Committee where it failed to receive a vote.

– March 21 – Written testimony before the Oregon House Behavioral Health and Care committee against House Bill 3090. The legislation would have banned the sale of flavored tobacco and vapor products. The bill passed the committee and was referred to the House Ways and Means Committee where it failed to receive a vote.

– April 10 – Written testimony to the Louisiana House Committee on Judiciary against House Bill 179. The bill would have banned the sale of flavored tobacco and vapor products but was amended to ban only flavored vapor products that have not received a marketing order from the FDA. The bill passed out of the Senate in early June and is expected to be signed by the governor.

– May 18 – Testimony before the Maine Committee on Health and Human Services against Legislative Documents 1174 and 1215. Both bills would have banned the sale of flavored tobacco and vapor products. LD1174 did not make it out of committee, while LD1215 was amendment and issued a divided report. The legislation failed to reach the full chamber.