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VERMONT – Stop A Flavor Ban!

current status




Signed by

01.17.24, 01.16.24, 01.11.24 – 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.

S. 18 has passed the Senate and hearings are already happening in the House–as noted by committee members, these hearings are being scheduled on short notice.

Before the next committee hearing is hastily scheduled with little to no opportunity for public comment, please take a moment to share your experience with vaping and other smoke-free products and contact your officials and urge them to oppose this bill.

  • Urge your lawmakers to oppose the flavor ban bill (S. 18) which would restrict your ability to use low-risk alternatives to smoking and send people back to smoking or to buy their vapor products from informal sources.
  • S. 18 would ban flavored products already authorized for sale by the FDA as less harmful than smoking and appropriate for the protection of public health.
  • Briefly, share your story about switching to vaping and what role that flavors play in helping you live smoke free.
  • Note any health changes you’ve experienced.
  • Briefly, discuss what losing access to a local supply of vapor products will mean for you (Will you shop out-of-state, in neighboring cities, or online? Will you make your own e-liquid at home or purchase products on an underground market?).
  • Be brief, Be kind, and Say Thank You 🙂

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.

Take Action Now!

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