Massachusetts became the first state to ban flavored tobacco products, including e-cigarettes and menthol cigarettes, amid an outbreak tied to vaping that is causing lung illnesses and deaths.
Republican Gov. Charlie Baker signed the bill into law Wednesday. The vaping ban takes effect immediately, while the menthol cigarette ban will take effect on June 1, 2020. Baker, in September, declared vaping a public health emergency and placed a temporary ban on all e-cigarettes, including those that are tobacco flavored, which will last until Dec. 11.
Massachusetts lawmakers pressed ahead against e-cigarettes as the Trump administration has waffled on whether to do the same, concerned that a flavor ban on e-cigarettes would harm President Trump’s reelection chances and cause people addicted to nicotine to turn to the black market.
Massachusetts passed the ban despite growing evidence showing that illicit products are likely causing the outbreak, which has sickened nearly 2,300 people and killed 47. The culprit appears to be vitamin E acetate, a thickening agent added to vaping products containing THC, the high-inducing chemical in marijuana.
No evidence shows flavored e-cigarettes sold in convenience stores or vape shops have caused the illnesses, but states and members of Congress still want them to be banned and undergo review by the Food and Drug Administration before they can be sold.
They and public health groups say flavor bans are necessary to address a separate trend of rising e-cigarette use among middle and high school students. Government data suggests 5 million teens report they used the devices at some point over the course of a month, and most of them reported they vaped flavors.
Public health groups also have pushed for menthol cigarette bans because they contribute to higher smoking rates among blacks.
The legislation Baker signed places a 75% excise tax on e-cigarette products and requires health plans, including government-funded Medicaid, to pay for programs that counsel smokers about how to quit.
Matthew Myers, president of the Campaign for Tobacco-Free Kids, praised Massachusetts for the move.
“At a time when the Trump administration may be backing off its proposal to clear the market of flavored e-cigarettes, Massachusetts is sending a powerful message that states and communities cannot wait and will not wait to protect the health of our children,” he said. “Other states should quickly follow their example.”
It’s not clear yet whether the ban will be challenged in court. In Michigan, a judge recently temporarily blocked an e-cigarette flavor ban ordered by Democratic Gov. Gretchen Whitmer.
