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casaa cta flavor ban

VERMONT – Stop A Flavor Ban!

current status

Bill
Introduced

passed
senate

Passed
House

Signed by
Governor

04.03.24 – Governor Scott Veto message

03.28.24 – Delivered to Governor on March 28, 2024

03.21.24 – [Senate] House proposal of amendment concurred in on roll call requested by Senator Ingalls, Passed — Needed 15 of 29 to Pass — Yeas = 18, Nays = 11

03.20.24 – [Senate] House proposal of amendment, House message: House passed bill in concurrence with proposal(s) of amendment, 

03.15.24 – [House] Read third time and passed in concurrence with proposal of amendment.

02.27.24 – 03.13.24 – Hearings in

  • House Committee on Ways and Means Hearing (00:00:00 2/28/2024 )
  • House Committee on Human Services Hearing (00:00:00 2/28/2024 )
  • House Committee on Judiciary Hearing (00:00:00 2/28/2024 )
  • House Committee on Human Services Hearing (00:00:00 2/29/2024 )
  • House Committee on Ways and Means Hearing (00:00:00 3/1/2024 )
  • House Committee on Human Services Hearing (00:00:00 3/13/2024 )

01.31.24 – 02.23.24 – Hearings in House Ways and Means.

01.30.24 – Passed H. Cmte on Health and Human Services with amendment. Referred to H. Committee on Ways and Means

01.09.24 – 01.26.4 – Hearings: House Committee on Human Services

05.12.23 – VT General Assembly is adjourned. The 2024 session is expected to begin on January 4, 2024. S.18 will carry over to the 2024 session.

05.03.23 – House Committee on Human Services Hearing.

04.04.23 – Read First Time and referred to the Committee on Human Services

03.30.23 – Senate Floor Action: Read 3rd time and Passed (moves to House)

S. 18 would ban the sale of any flavored tobacco or nicotine product regardless of FDA authorization or having received a modified risk order. If enacted, S. 18 would ban sales of products that FDA has already authorized including products that are allowed to be marketed as less harmful than cigarettes.

Governor Scott has vetoed S. 18. You can read his veto message here.

This bill will now head back to the legislature and may see an attempt to override the veto. We will update Vermont advocates as more information becomes available. But for now, we are concluding this call to action as successful.

Thank you for taking action!

For those new to vaping or just generally unfamiliar with federal regulations, the premarket tobacco application (or PMTA) deadline was September 9, 2020. This application is required to keep or bring new tobacco/nicotine products on the market. It is estimated that 95% to 98% of vapor manufacturers are effectively priced out of the authorization process.

But 98% is not 100% (as the antis are fond of saying).

The FDA has already approved some new tobacco products that are being sold in flavors other than tobacco (specifically mint, menthol, and wintergreen). In the weeks prior to the September deadline, the FDA accepted for review several applications for bottled e-liquid in flavors ranging from tobacco to cereal to fruit. Despite the rhetoric from certain members of congress and the incessant pro-drug war drum beat of tobacco prohibitionists, FDA is still capable of authorizing flavored smoke-free nicotine products for market. Moreover, FDA may even allow manufactures of these products to market them as safer than cigarettes, if they apply for and receive a modified risk order.

Vermont’s flavor ban would undermine any decision by the FDA allowing low-risk, flavored tobacco products on the market after having met the “appropriate for the protection of public health” standard. Even without involving the FDA, flavor bans are being enacted without thorough consideration of the negative consequences. Sales data from Massachusetts and New York suggest that many people who were vaping prior to the flavor bans simply returned to smoking.

While a flavor ban may amount to an inconvenience for teens experimenting with substance use, it is actively harming parents and other adults who are trying to quit smoking.

S. 18 - Veto Message

S. 18 - Bill Page

Bill Text and Status