Vermont House Passes Flavored Vape/Tobacco Ban

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The Vermont House of Representatives today passed a bill that would ban flavored vape and tobacco products, and prohibit online sales of all nicotine products. The bill, Senate bill 18 (S 18), has already passed the state Senate.

The bill will now go back to the Senate, where differences between the two versions will be ironed out. The bill will likely soon head to the desk of Governor Phil Scott to be signed into law or vetoed. If it becomes law, the flavor ban will take effect on Jan. 1, 2026.

The Consumer Advocates for Smoke-free Alternatives Association (CASAA) issued a call to action for bill S 18 in April 2023, urging state residents to contact legislators and ask them to oppose the bill. The call to action is still active, and more important now than ever. If necessary, it will be updated to ask Gov. Scott to veto the bill. Vermont residents can also contact the governor’s office by phone at (802) 828-3333.

Unlike the PMTA registry bills currently threatening vapers in over 20 states, the Vermont bill does not grant exemptions for products authorized by the FDA.

Gov. Scott, a Republican, has expressed some concern over the tax revenue the state will lose if menthol cigarettes are banned. “We’re talking millions of millions of dollars, so if it’s $15 million we’re going to lose by putting this ban in place, I think we better reflect on that,” Scott said this week, according to NBC5.

The Vermont bill, if it becomes law, will ban the sale of all flavored consumer nicotine products, including flavored vapes, nicotine pouches, smokeless tobacco and all forms of combustible tobacco, including menthol cigarettes. It will also ban online sales of all nicotine products, flavored or not. Unlike the PMTA registry bills currently threatening vapers in over 20 states, the Vermont bill does not grant exemptions for products authorized by the FDA.

Five states currently have flavored vape bans: California, Massachusetts, New Jersey, New York, and Rhode Island. California’s law does not ban online sales of flavored vapes. California and Massachusetts are the only states so far to ban menthol cigarettes.

Vermont currently imposes a 92 percent wholesale tax on vaping products—the highest rate rate in the country. The tax applies to products whether or not they contain nicotine.

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