Briefing: Banning e-cigarettes
For seasoned smokers, e-cigarettes that release nicotine through vapor instead of smoke provide a path to quitting that many prefer to other smoking cessation aides, such as nicotine gum and patches, because they simulate the actual smoking experience.
But according to Attorney General Maura Healey and others, e-cigarettes pose addiction dangers similar to those of tobacco products and should be regulated accordingly. That's why she has proposed a statewide ban on selling e-cigarettes to minors under a new set of regulations filed this month.
What's in the proposal?
Healey contends that e-cigarette companies use marketing tactics similar to those used by the tobacco industry in the 1990s that make their products appealing to children. In the case of e-cigarettes, the bright-colored packaging and child-friendly flavors are particularly alluring, according to Healey. So, aside from a ban on selling the products to those under 18, Healey's proposal would also prohibit free samples
and promotional giveaways, as well as the sale of e-cigarettes through vending machines or other methods that don't involve a face-to-face transaction.
She also wants the products kept behind store counters, or otherwise out of consumers' reach, while making the sale of the nicotine liquid or gel (used to deliver the nicotine in e-cigarettes) without child-safe packaging an “unfair and deceptive act.” This is meant to prevent children from ingesting the substances.
How does it compare to other states?
When it comes to regulating the sale of e-cigarettes to minors, Massachusetts lags most other states, according to the National Conference of State Legislatures. While many Bay State cities and towns have imposed their own age restrictions, Massachusetts was one of just nine states that had not implemented a ban on sales to minors as of Jan. 1.
Does Healey have support?
Healey's proposal, which is open to public comment until April 24, has generated early support from lawmakers as well as the retail industry. Senate Majority Leader Harriette Chandler, a Worcester Democrat, said in a statement from Healey's office that the state must recognize e-cigarettes as a public health threat, and “respond to their unregulated sale to keep … minors tobacco free.”
On the retail side, Jon B. Hurst, president of the Retailers Association of Massachusetts, was quoted in the same statement, expressing wide support from his membership for the proposal, which he called a “common sense, statewide regulation, which treats legal products, sellers and consumers consistently across the commonwealth.”
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