For the third year in a row, efforts by anti-vaping groups to ban flavored vaping products in Connecticut have failed to gain enough support.
"We're very frustrated that the Legislature doesn't seem to be able to protect children's priorities in a way that all Connecticut neighbors already have," said Kevin Ofrahty, Northeastern advocacy director for the Campaign for Tobacco Free Kids. "They continue to support the industry and industry profits, not protect children."
A mother is urging lawmakers to ban flavors after seeing her 10-year-old son hooked on e-cigarettes. Advocates warn of dangers posed by e-cigarettes. Many in the medical community, including the Connecticut Hospital Association, the Connecticut Medical Association, the Central Connecticut Health District and the Connecticut chapter of the American Academy of Pediatrics, have supported the bill.
“We have an understanding with the governor to introduce flavored e-cigarettes this year. I think there is a real bipartisan consensus on this issue, and surrounding states have taken this step.” Co-chairs of the public health committee that supported the proposal , said Rep. Jonathan Steinberg. "So being locked down again is very disappointing."
Connecticut is one of the few states in the region that has not banned flavored e-cigarettes. New York, New Jersey and Rhode Island have banned the sale of flavored vaping products. Massachusetts bans all flavored tobacco products, including flavored cigars, cigarettes, and vaping products.
The state has tried the ban twice before. The proposal was introduced in 2020 as part of Gov. Ned Lamont's budget, but it didn't pan out. Lamont recommends banning flavored vaping products and increasing taxes on all vaping liquids.
Last year, a bill to ban the sale of flavored cigarettes, tobacco products and e-cigarettes was watered down and then shelved. A version of the plan was also added to the State Budget Executive, but was scrapped.
This year's edition only addresses the sale of flavored vaping products (not flavored cigarettes or cigars). But it still faces opposition. E-cigarette makers, store owners and those who say e-cigarettes are an important option for quitters have all proved against the bill.
Also, some in the smoking cessation community don't support the bill because they think it doesn't go far enough. Officials from the American Heart Association, the American Lung Association and the American Cancer Society Cancer Action Network are asking the legislature to expand the proposal to include all flavored tobacco products.
When the measure reached the Finance, Revenue and Bonding Commission, it was amended to remove the outright ban. Instead, the version passed by the committee would limit which businesses can sell flavored vaping products for nearly three years.
Under the new proposal, gas stations, convenience stores, packers, supermarkets and other retailers would be banned from selling the products, committee members said. Sales of flavorings will be limited to "adults-only tobacco" stores whose owners have dealer registration and will only allow entry to those 21 and older.
Finance Committee co-chair Sen. John Fon Farah, D-Hartford, said he was concerned about those who rely on vaping products to quit smoking. He said he was also concerned that the ban would create a thriving underground market for vaping products.
"Whenever you ban something, it becomes more appealing," Fonfara said. "Here's the problem: minors find it attractive. Now, as the underground market grows and becomes stronger, they will gain access to it."
“You can now buy flavored vaping products in thousands of places in Connecticut. To a large extent, that’s how minors get access to this product. The Finance Commission’s proposal would limit it to a small fraction of those part, but still available for adults.”
He added that the nearly three-year timeline would allow the legislature to see what impact restricting the sale of these items might have and make adjustments if necessary.
The bill was not required to go to a vote in both chambers due to time constraints in the 12-week session. Supporters have vowed to revisit the proposal again next year.
Meanwhile, proponents may lobby to ban the products at the local level, O'Flaherty said. Advocates are lucky to raise the legal age to buy tobacco products to 21 by starting these efforts in towns. The legislature later raised the age statewide.
"Like our neighbors, Connecticut kids need to be protected by these products," O'Flaherty said. "We can't help but keep coming back and trying to provide them with these protections. We're going to keep pushing for that."