Tackling Tobacco: May 2023 Legislative & Regulatory Roundup

NATIONAL REPORT — Tobacco legislation and regulation is constantly under review at the local, state and federal levels. In this monthly roundup, Convenience Store News highlights the latest proposals and approved changes happening across the United States.

ALASKA

Juneau — A state Senate bill imposing a tax on electronic smoking products and vapor products at the rate of 25 percent of the sales price and capping the amount of nicotine in vapor products at 50 milligrams of nicotine per milliliter of vapor product was not considered by the Alaska House of Representatives prior to the legislature adjourning the 2023 session.

The bill will now be carried over to the 2024 session. The previous amended version of the bill would have capped these products at 60 milligram of nicotine per milliliter of vapor product.

CALIFORNIA

Sacramento — A bill enforcing the state flavor ban in the same manner as underage sales passed the California Assembly Appropriations Committee in May.

[Read more: Reynolds Files Lawsuit in California to Protect Legal Tobacco Products]

LOUISIANA

Baton Rouge — State lawmakers are considering a couple of tobacco proposals A bill that prohibits the sale of e-liquid vapor products containing a characterizing flavor — but exempts the flavors of tobacco, menthol, and mint — was referred to the state Senate Health and Welfare Committee in May.

Additionally, another bill that increases the tax on electronic cigarettes and vapor products to 30 cents per milliliter of consumable material was referred to the state Senate Revenue and Fiscal Affairs Committee.

MAINE

Augusta — State legislators are considering a statewide ban on the sale of flavored tobacco products. Under the proposal, businesses that sell flavored products, not consumers who purchase or possess them, will be penalized.

Most recently, the community of South Portland joined Portland, Brunswick and Bangor in banning the sale of flavored tobacco.

MICHIGAN

Detroit — The Detroit City Council passed a resolution that asked the Michigan Legislature to ban the sale of flavored tobacco products statewide or give cities the ability to prohibit them. In addition to flavored vapor products, Detroit would also like to ban menthol cigarettes.

NEVADA

Carson City — A bill that increases penalties on retailers who sell to underage consumers passed the Senate in late May. The proposed legislation is now on Gov. Joe Lombardo's desk for consideration.