The Massachusetts Public Health Council Wednesday rescinded the state’s temporary ban on vaping products, and approved new restrictions affecting tobacco and e-cigarette products in two separate votes.
The council voted unanimously to rescind the temporary ban and approve the new regulations around noon after little discussion. The votes came the day Gov. Charlie Baker’s vape ban was set to lift.
While it is expected that the sale of unflavored nicotine vapes will be allowed to continue at all retail shops across the state, the new restrictions call for a host of changes for retailers to comply with before opening their doors, including new signage and advertising requirements.
Those signs must be posted in locations where vaping products are sold to alert consumers of the dangers of “severe lung disease” and broader health risks associated with those products.
While nicotine vapes can be legally sold again, any and all flavored vaping products will never again be allowed to be sold at retail shops in Massachusetts following the passage of the tobacco control law.
Baker signed into law An Act to Modernizing Tobacco Control on Nov. 27. Massachusetts is the first state to permanently ban the sale of all flavored tobacco products, including mint and menthol cigarettes. The regulations approved Wednesday provide a framework to enforce the new law, according to Public Health Commissioner Monica Bharel.
The bill will also impose a 75% excise tax on e-cigarettes, a rate similar to the tax on traditional cigarettes. Insurers will be required to cover smoking cessation counseling and products without copays.
The ban on flavored e-cigarette products took effect immediately, but the prohibition on menthol and mint combustible cigarettes, cigars and chewing tobacco would not go into effect until June 1, 2020.
Though retailers will not be able to sell flavored nicotine vapes, sales will be allowed to continue under the new law at smoking bars, which are age-restricted and require users to consume the products on-site.
But the new regulations specify that convenience stores and gas stations can continue selling unflavored nicotine vapes so long as their nicotine concentration is less than 35 milligrams per milliliter of vaping solution.
Unflavored vapes with nicotine concentrations of more than 35 milligrams per milliliter of vaping solution can only be sold at licensed, adult-only retail tobacco stores and smoking bars.
Marijuana vapes, however, are still banned. The Cannabis Control Commission quarantined THC-based vape products last month while it sought to test the vapes for vitamin E acetate — an oil additive found in THC-based vape products that the U.S. Centers for Disease Control and Prevention says is now a “very strong culprit” in the ongoing national outbreak of illness that has sickened thousands and caused three deaths in Massachusetts.
Health officials have reported 93 cases of vaping-related lung illness — 31 confirmed and 62 probable cases — to the US Centers for Disease Control and Prevention, including three deaths from vaping-associated lung injury. The last death was reported roughly one month ago.
Officials say they’re still working to determine what type of vapes are causing the illnesses in Massachusetts.
“I need to be clear that there are associations that have been made, but the cause of these … injuries is still unknown,” Bharel said.
The Secretary of State has to enact the new regulations, which is expected to happen on Wednesday — after which, retailers can resume selling nicotine vapes provided they comply with the restrictions, Bharel said.
Violations of these regulations can result in a fine of $1,000 for the first offense, to up to $5,000 for three or more violations.
A complete breakdown of the conditions surrounding the sale of all the types of vapes can be viewed on the state Department of Public Health’s website.
Tanner Stening – Mass Live – December 11, 2019.
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