15 State Tobacco Legislative Bill Updates

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15 State Tobacco Legislative Bill Actions

The National Association of Tobacco Outlets (NATO) has compiled the following list of state tobacco-related legislative bills that have been acted on by a state legislative committee or state legislature, listed below alphabetically by state:

Alabama: House Bill 273, which raises the minimum age for legal possession, transportation, and purchase of tobacco products, electronic nicotine delivery systems, and alternative nicotine products from 19 to 21; prohibits the advertisement or promotion of tobacco products, electronic nicotine delivery systems, or alternative nicotine products in certain circumstances; prohibits manufacturers or retailers of tobacco products, electronic nicotine delivery systems, or alternative nicotine products from marketing, advertising, or offering for sale tobacco, tobacco products, electronic nicotine delivery systems, or alternative nicotine products by: using branding or imagery that depicts, signifies, or denotes flavoring resembling or replicating the taste of candies, cakes, or other sugary treats, as well as other food and drink products that are primarily marketed to children; or using branding or imagery that depicts, signifies, or denotes characters, symbols, or scenery from comic books, movies, video games, television shows that are known to be marketed primarily toward children, or that otherwise incorporate mythical concepts or creatures known to be used primarily in products that are marketed toward children; requires manufacturers of e-liquids and alternative nicotine products to make certain representations to the Commissioner of the Department of Revenue regarding those products; and requires the Commissioner of the Department of Revenue to maintain a directory listing manufacturers of e-liquids and alternative nicotine products, was sent to the Governor on May 6, 2021.

Alaska: House Bill 110, which imposes a tax on electronic smoking products (including e-liquid) at the rate of 75 percent of the wholesale price and increases the legal age to purchase and possess tobacco and vapor products to 21 years of age, will be considered in the House Finance Committee on May 7, 2021.

California: Two bills died by rule for the 2021 session on April 30, 2021, pending carryover to 2022: Assembly Bill 422, which would have authorized local jurisdictions to adopt ordinances prohibiting possession of tobacco products by persons under 21; and Assembly Bill 598, which would have required the Attorney General to establish and maintain on its website a list of tobacco product brand styles that lack a characterizing flavor.

Connecticut:  Senate Bill 326 was substituted in the Joint Committee on Finance, Revenue and Bonding to ban ENDS and vapor products with a flavoring agent other than tobacco, exempt MRT products and those with a PMTA and cap nicotine at 35mg/ml. The substituted version passed the FRB Committee on May 3, 2021.

Florida: Senate Bill 1080, which increases the legal age to purchase and possess tobacco products and vapor products to 21 years of age and requires nicotine product retailers to be licensed and provides that the establishment of the minimum age for purchasing or possessing tobacco product or nicotine products and the regulation of the marketing, sale, or delivery of tobacco products or nicotine products is preempted to the state, was sent to the Governor on May 7, 2021.

Illinois: An amended version of Senate Bill 512, which sets packaging, ingredient, and marketing requirements for e-cigarettes; prohibits a manufacturer, distributor, or retailer from advertising, marketing, or promoting an electronic cigarette in a manner that: (1) encourages persons under 21 years of age to use an electronic cigarette; or (2) is attractive to persons under 21 years of age, including, but not limited to, inclusion of the following: (A) cartoons; (B) an image, character, or phrase that is similar to one popularly used to advertise to children; or (C) a video game, movie, video, or animated television show known to appeal primarily to persons under 21 years of age; and prohibits the honoring or acceptance of any discount, coupon, or other benefit or reduction in price that is inconsistent with 21 CFR 1140, subsequent United States Food and Drug Administration industry guidance, or any rules adopted under 21 CFR 1140,  will be considered in the House Human Services Committee on May 12, 2021. The amended version of the bill removed a provision that would have made it unlawful to sell in any one transaction more than 2 electronic cigarettes, 4 prepackaged cartridges of electronic cigarette solution, or 100 milliliters of electronic cigarette solution to a consumer.

Indiana: House Bill 1001 (state budget bill), which was amended in conference committee to include a tax on closed system cartridges at 25 percent of the wholesale price of the closed-system cartridge and a tax of 15 percent at retail on the sale of consumable material and vapor products, was signed by the Governor on April 29, 2021. The General Assembly has recessed the 2021 session.