Could Fla. raise smoking, vaping age from 18 to 21?

Lawmakers moving forward with HB 7119

TALLAHASSEE – With the surprising support of big tobacco maker Altria, Florida lawmakers are moving forward with bills that would increase the minimum age from 18 to 21 to buy tobacco, e-cigarettes and vaping products, but there’s a catch.

A House bill (HB 7119) would raise the age limit with an exemption for active-duty military members. But it would also prevent cities from adopting their

own minimum tobacco age and preempt local regulations on tobacco sales and marketing, something the large tobacco companies want. And the bill also increases the age requirement for medical marijuana patients to get parental consent from 18 to 21.

The American Cancer Society and American Heart Association have pushed to increase the tobacco age in Florida for the past three years.

But they are concerned about preempting local regulations because it would affect Tobacco Free Florida, which receives $70 million a year from the state through its settlement with big tobacco companies. It uses much of that money to produce anti-smoking media campaigns but also lobbies cities and counties for tougher rules.

“It’s about (Tobacco Free Florida) being able to combat tobacco use in other ways as well,” said Matt Jordan, a lobbyist for the American Cancer Society. “If we handcuff them ... then we’re going to see youth (tobacco use) rates start to trend upward.”

Six states — Hawaii, California, New Jersey, Oregon, Maine and Massachusetts — have increased the tobacco use minimum age to 21 already, and five more — Arkansas, Illinois, Virginia, Washington and Utah — have passed laws that will take effect in the next two years.

In Florida this year, a Senate version (SB 1618) also includes e-cigarettes and vaping products in the definition of “tobacco products” and exempts cigars from the 21 age limit.

Sen. Jeff Brandes, who sponsored the amendment to exempt cigars, said the bill is moving now because Altria, a large tobacco company formerly known as Philip Morris with iconic brands like Marlboro, recently bought a 35 percent stake in Juul, the most popular vaping company.

“This whole thing is because Altria is trying to cover their butt in D.C.,” said Brandes, R-St. Petersburg. “They’re afraid of the feds regulating them at a greater level, so they’ve cut this deal to go around to the states and get them to support raising the smoking age to 21 everywhere.”

After the Juul deal went through in December, Altria caught flak from Food and

Drug Administration commissioner Scott Gottlieb, who has tried to clamp down on e-cigarette use among minors. Altria had previously said it would pull its flavored e-cigarettes off the market, but as part of the Juul purchase, would offer their e-cigarettes shelf space in 230,000 retailers around the country.

Gottlieb last year called e-cigarette use among minors an “epidemic” and sent warning letters and fined1,300 retailers who sold vaping products to underage buyers.

In response, Altria and Juul executives said they were committed to preventing tobacco and vaping use among minors. On its website, Altria CEO Howard Willard said he supports moving the minimum tobacco and vaping age to 21.

“We believe now is the time. FDA is calling underage e-vapor use an epidemic,” Willard states. “Today, the number one way kids get tobacco products is through social access, meaning the purchase of tobacco products by someone of legal age for use by minors. Raising the minimum age nationally to 21 should go a long way to solving that problem.”

Adding to the complexity of the situation, there’s another path that lawmakers could take.

A separate House bill (HB 1299) would keep the smoking age at 18 and prevent cities and counties from raising it to 21. It also would bar local governments from taxing cigars and vaping products.

In Florida, the percentage of middle school and high school students participating in the state’s Youth Tobacco Survey who said they’ve tried e-cigarettes or vaping rose from 5.7 percent in 2012 to 26.3 percent in 2018. The number currently using them rose from 2.3 percent to 15.7 percent.

For decades, large tobacco companies have donated heavily to lawmakers in both major parties, and the donations didn’t slow down over the last election cycle.

Since the 2016 election, Altria, Dosal Tobacco and RAI Services have given nearly $3 million to political committees controlled by legislative leaders of both parties. Committees controlled by Democrats received $367,500, while GOP PACs received more than $2.5 million.