Bill would ban flavored e-cigs, vapes
Faced with a potential loss of nearly $200 million over the next two years if it banned all flavored tobacco products, the General Assembly’s tax-writing committee on Monday drastically amended legislation to prohibit the sale of flavored vaping materials and electronic cigarettes.
Under the bill that passed with mainly Democratic support, Connecticut would join New York, Massachusetts and Rhode Island in banning flavored vapes, starting Jan. 1, 2022. The legislative Public Health Committee had previously recommended that all flavored tobacco products be prohibited, in attempt to discourage young smokers.
But the Finance, Revenue and Bonding Committee’s co-chairmen, Rep. Sean Scanlon of Guilford and Sen. John Fonfara of Hartford, amended the bill, kicking off a 40-minute debate in which more-conservative Republicans charged that the state is attempting to interfere with personal freedom, while liberal Democrats saw that it was a way to try to discourage young people, even those under-21 who are prohibited under current law from purchasing tobacco products.
“We have been working over the weekend to try to get the place we’re at today on this bill,” Scanlon said, stressing that the compromise legislation would revert to what the governor proposed in his budget.
John Schachter, senior director of advocacy communications at the Washington-based Campaign for Tobacco-Free Kids, said after the vote that he hopes that the bill can be amended back this year to include all flavored tobacco, but he was supportive of the committee action.
“Ending the sale of flavored e-cigarettes is the best way that Connecticut can address youth usage of e-cigarettes, which has been designated an epidemic by the U.S. Surgeon General, and we applaud the committee for taking this important step,” Sc hacter said in a statement. “However, the bill passed today fails to deal with the one flavored tobacco product that has addicted more kids and killed more Americans than all other flavored tobacco products combined – menthol cigarettes. Not only are these products more appealing to kids in general, they have also been perniciously marketed to communities of color in predatory ways and contribute to the health disparities that
African Americans have to face every day.”
Republican lawmakers including Rep. Laura Devlin of Fairfield, Sen. Tony Hwang of Fairfield and Rep. Holly Cheeseman of East Lyme, ranking member of the committee, voted for the legislation, which next heads to the Senate.
Lawmakers admitted that those seeking flavored electronic cigarettes and vapes would be likely to be able to get them over the internet or have older people purchase them, but there is also a provision that would enhance penalties for retailers selling flavored vapes to those under-21. Flavor additives would also be banned.
The original bill, which recently passed the Public Health Committee, was estimated by nonpartisan legislative staff to lose $87.9 million in tax revenue in the fiscal year starting July 1, and $108.8 in the second year. The revision would lose the state $1.9 million in the first year and $2.5 in the second.
“As somebody who was a former smoker, who unfortunately started smoking at a very young age, I personally, as a member of the public Health Committee, supported the main bill in the committee because I believe that we should be doing everything that we
can to make sure that other young people in Connecticut are not making the same mistake that I and so many others did as young people by getting hooked on these products,” Scanlon told the committee’s virtual meeting.
“I would prefer the original bill because what we’re doing today is we’re protecting kids from being addicted to nicotine, which is a great thing we’re doing and would be my top priority,” said Rep. Mary Mushinsky, D-Wallingford, the longest-serving member in the House of Representatives, who said that the amended bill would have
extended to flavored cigarettes, cigars and other materials. The result would have been assistance for adults trying to quit smoking.
“Once the menthol is not included anymore, the unpleasantness of smoking becomes more apparent,” Mushinsky said. “But if all we can get today is the kids, I’ll take it. I wish we could do the whole bill.”
Rep. Dorinda Borer, D-West Haven, said that teen vaping is a major problem nationwide. “Vaping is prevalent among teens in every community across our state and across our country,” she said. “It’s rampant in our schools. Superintendents have indicated that it is happening faster that they can get around their arms and address. One vaping pod is the equivalent of one pack of cigarettes.”
It’s the flavors that are attractive, she said. “These products have been targetmarketing to our young adults. Cotton candy, gummy bears, fruit roll-ups. Those are children-like flavors.”
Fonfara said he was concerned that illegal sales may continue to proliferate. “The illegal market is so incredibly active,” he said.
But more-conservative lawmakers, including Rep. Nicole Klarides-Ditria, R-Seymour, said that the bill would take away the right of adults. “I mean, at some point are we to ban French fries and milk shakes because those are bad for you as well?” she said.
“Who are we, as a legislature, to tell people what is good and not good for them?” said Rep. Gale Mastrofrancesco, R-Wolcott. “To me, its about more government control. We have businesses out there that will certainly suffer. What happened to individual rights.”