Latest State Tobacco Legislation Bill Introductions and Updates

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National Association of Tobacco Outlets (NATO) | April 12, 2021 Update

The following state tobacco-related legislative bills were recently introduced and are listed below alphabetically by state by the National Association of Tobacco Outlets (NATO):

Arkansas: Senate Bill 628 permits Arkansas based cigar shops to sell cigars at retail online.

Idaho: House Bill 363 provides that no local unit of government may adopt or enforce requirements for the regulation, marketing, or sale of tobacco products or electronic smoking devices that are more restrictive than or in addition to state and no local unit of government may impose or enforce a tax or fee on tobacco products or electronic smoking devices.

Maine: LD1423 / H.P. 1039 increases the cigarette tax from $2.00 per pack to $4.00 per pack. By law, the bill increases the tax on other tobacco products by the same percentage change as the increase in the tax on cigarettes.

The following state tobacco-related legislative bills have been acted on by a state legislative committee or state legislature are 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 referred to the Senate Judiciary Committee on April 1, 2021.

Alaska: House Bill 110, which imposes a tax on electronic smoking products (including e-liquid) at the rate of 75% of the wholesale price and increases the legal age to purchase and possess tobacco and vapor products to 21 years of age, was considered the House Labor and Commerce Committee on April 5, 2021 and April 9, 2021.

Connecticut: Senate Bill 985, which was substituted to generally ban the sale of flavored ENDS and vapor products (exempts age 21 establishments), reported from the Legislative Commissioner’s office on March 30, 2021.

Florida: House Bill 987, which increases the legal age to purchase and possess tobacco products and vapor products to 21 years of age, was reported favorably as substituted in the House State Administration & Technology Appropriations Subcommittee on April 7, 2021.

Georgia: The General Assembly adjourned sine die on March 31, 2021. Pending bills will carry over to the 2022 session.

Hawaii: House Bill 826, which bans the sale of flavored tobacco products (except menthol), and creates a new tax on e-liquids at the same rate as OTP (70 percent of the wholesale price), passed Senate Committees on Ways and Means and Judiciary with an amendment (not yet available) on April 7, 2021.

Idaho: Senate Bill 1087, which increases the legal age to purchase and possess cigarettes to 21 years of age, prohibits local units of government from adopting or enforcing requirements for the regulation, marketing, or sale of tobacco products or electronic smoking devices that are more restrictive than or in addition to this chapter, and prohibits local units of government from imposing or enforcing a tax or fee on tobacco products or electronic smoking devices, failed to pass the House on April 6, 2021.

Illinois: Senate Bill 512, which makes 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; 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, will be considered in the Senate Executive Committee on April 14, 2021. Senate Bill 2379, which requires all vapor product retailers to obtain a license, was referred to the Senate Executive Committee on April 7, 2021. Senate Bill 2282, which prohibits the sale of flavored electronic cigarettes (exempts the flavors of tobacco and menthol), was referred to the Senate Executive Committee on April 7, 2021.