Legislative report: Bill would end flavored e-cigarettes, menthol cigarettes

February 15, 2024  |  By Theresa Wood 

The legislature is considering S.18 – an act related to banning certain flavored tobacco products and e-liquids.  

In December 2018, the U.S. Surgeon General took a very unusual step by releasing an advisory emergency statement about electronic cigarettes referring to the issue as an epidemic and expressing the need for rapid action to avoid a population health disaster. The trigger was the astounding 78% increase over one year in e-cigarette use by high school students and a 47% increase by middle school students – All IN ONE YEAR! 

Several years ago, the legislature addressed this growing epidemic of vaping among our young people. Using a public health approach, laws were passed that raised taxes on e-cigarettes to equal traditional cigarettes, the internet sale of all e-cigarettes and tobacco paraphernalia was banned, and the legal age for buying and using cigarettes, electronic cigarettes and other tobacco products was raised from 18 to 21.  However, use among youth continues to rise.

Flavored e-cigarettes have proliferated on the market, with one study identifying more than 15,500 distinct flavors available to consumers – twice as many as 10 years ago. 

Tobacco companies are targeting youth with flavors like tutti frutti, cotton candy and gummy bear.  According to the Vermont Youth Risk Behavior Survey, 28% of high school students in this state now use some form of tobacco.  After many years of decline of traditional tobacco use, the increase is driven predominantly by e-cigarette use, with one in every two Vermont high school students reportedly trying an e-cigarette.  

Tobacco remains the leading preventable cause of death nationwide. In Vermont, it is estimated that 1,000 adults die from smoking every year.  Vermont spends $404 million a year on health care costs directly caused by smoking.

Nicotine’s effect on brain development leads adolescents to heavier daily tobacco use, a stronger nicotine addiction, and more trouble with quitting. Just one e-cigarette cartridge can contain nicotine which equals more than 20 packs of cigarettes and some youth are using more than one cartridge a day!

The Centers for Disease Control and Prevention reports that Vermont has a higher smoking rate than New York, New Jersey, Massachusetts, Connecticut, Rhode Island, and even Texas. Our high school smoking rate is higher than the national average (9.3% vs. 7.6%). Our adult smoking rate is higher than the national average (15.8% vs. 14%).  Our smoking during pregnancy rate is at 17%, the third highest in the country, trailing only West Virginia and Kentucky. The tobacco industry spends $15.8 million per year on marketing in Vermont.  

S.18 proposes to end the sale of all flavored e-cigarettes and menthol tobacco cigarettes in Vermont. The bill has already passed the Senate and has passed the House Human Services Committee. It will be taken up by the full House for a vote this month.

This will be a significant step towards reducing tobacco use. Please note that smoking cessation products are exempt from this ban. 

Removing these flavored tobacco products from the market is a critical component to a comprehensive strategy to reduce initiation and lifelong addiction and lowering future healthcare costs in Vermont.

State Rep. Theresa Wood, a Waterbury Democrat, is one of two representatives in the Washington-Chittenden district representing Waterbury, Bolton, Huntington and Buel’s Gore. She chairs the House Committee on Human Services. Reach her at twood@leg.state.vt.us.