June 29 update – The council confirmed the flavor ban today with its second vote on the issue. However, the ban won’t take effect until late 2022, according to Competitive Enterprise Institute fellow Michelle Minton, who said it must first be included in the District’s budget.
The District of Columbia Council voted 9-3 Tuesday to prohibit sales of flavored vaping and tobacco products, including menthol cigarettes and cigars. In a last-minute change, the council exempted bars and restaurants that sell hookah products.
The bill requires a second vote on June 29, but the result isn’t expected to change. Following the second vote, the law will take effect after approval by the mayor and a 30-day congressional review period.
The Washington, D.C. bill is typical of recent flavor bans, prohibiting “characterizing flavors” other than tobacco. The law also includes synthetic nicotine products, and seems broad enough to capture nicotine pouches, which contain no tobacco and are only available in non-tobacco flavors.
The flavor bill provides for fines as high as $10,000 per offense for businesses violating the sales ban, but limits the penalty for individuals to $25, which may encourage street-level sales of menthol cigarettes—and possibly disposable vapes.
Jim McDonald – Vaping360.com – 2021-06-16.
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