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Senate concurs with House amendments to ban flavored e‑liquids and menthol tobacco, adds enforcement provisions

March 21, 2024 | SENATE, Committees, Legislative , Vermont


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Senate concurs with House amendments to ban flavored e‑liquids and menthol tobacco, adds enforcement provisions
The Vermont Senate on March 21 concurred with a House amendment to S18, a bill that would prohibit the sale of flavored e‑liquids and menthol tobacco products and add enforcement and equity provisions. The roll‑call result recorded on the floor was 18 yeas and 11 nays, and the Senate announced it had concurred with the House amendment.

Senator from Chittenden Southeast, the committee reporter for Health and Welfare, summarized the amended measures: the bill would ban flavored e‑liquids and menthol tobacco products effective Jan. 1, 2026; it consolidates and clarifies definitions; allows the Vermont Department of Health to develop alternatives to civil penalties for minors and to expand cessation treatments; prohibits coupon‑style price promotions at retail; and adds a position in the Department of Liquor and Lottery to investigate and report on online sales (the investigator’s first report is due March 15, 2025). The committee vote to advance the package was 3–2.

Supporters cited public‑health evidence and committee testimony. A constituent letter read into the record by Senator Graham, from Kelly McGovern Landwehr (a school nurse and the Vermont Nurses Association president), stated: “Nicotine, tobacco, and e‑liquids are unequivocally harmful to the brain and the lungs of children,” and urged the legislature to act to prevent youth addiction.

Opponents warned of economic impacts for small convenience stores and cross‑border retail migration. Several senators referenced Joint Fiscal Office estimates and experience in other states; the reporter acknowledged the JFO estimated a loss of revenue in 2026 of roughly $3.2 million to $5.4 million (half‑year) and $7.1 million to $14.2 million in 2027, and said the committee has also discussed health‑care savings but those were not netted into the JFO figures.

The Senate’s concurrence means the amended text will advance through the enrollment and gubernatorial process. The bill also tasks the Health Equity Advisory Commission with a menthol‑ban recommendation in its January 2025 annual report and provides for expanded prevention and cessation programming as an alternative to fines for minors.

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