AUGUSTA, Maine — Maine legislators are considering a bill to prohibit the sale and distribution of flavored tobacco products, including flavored cigars and electronic smoking devices. Under the proposal, retailers would be banned from selling any flavored tobacco products in the state, and face fines if they violate the law.
The state’s Committee on Health and Human Services held a public hearing on the proposal on May 7, and on May 12, most committee members voted that an amended version of Legislative Document (LD) 1550 “ought to pass.”
Jonathan Shaer, executive director of the New England Convenience Store and Energy Marketers Association (NECSEMA), submitted testimony for the hearing saying that LD 1550 would disproportionately affect its members because convenience stores hold the largest share of the cigarette market.
He also noted the U.S. Food and Drug Administration’s (FDA) initiative to make prohibiting menthol in cigarettes one of its highest priorities, along with banning flavored cigars. Both bans would take years to implement and are likely to face legal challenges.
“If the FDA takes nationwide action, then at least it will not disadvantage Maine retailers, residents and state revenue unfairly. It will be a uniform policy,” Shaer said. “However, if LD 1550 is passed into law Maine will be way out in front of the federal action and will isolate the Maine general fund, its retailers and adult tobacco users.”
Retailers opposed to the proposed bill can contact their legislator by filling out a form online. More information on contacting legislators can also be found on NECSEMA’s website.
The bill’s sponsor, Rep. Michele Meyer, and cosponsor, Sen. Paul Davis, could not immediately be reached for comment by CSP.
Meyer, a registered nurse, said in submitted testimony that tobacco use puts children’s health and futures at risk, and she sees the “alarming rise of tobacco use among Maine’s children,” as a policy failure. While Meyer acknowledged that the FDA’s initiative to ban menthol is an important step forward, she also noted it will take years to go into effect.
“LD 1550 is a game changer for every child tempted by sweet, minty flavors and quickly caught up in a lifetime of addiction,” she said. “We have an opportunity here to change the trajectory of young lives, to push back on an industry long preying on our kids, to use the unique honor of our service to this state to advance policy out of this committee that will literally save lives across the lifespan and for generations to come.”
Maine legislators are also separately considering LD 1282. The bill would limit the number of electronic nicotine delivery devices and nicotine liquid containers that can be sold in a single transaction. Additionally, it would require tobacco retailers to examine and scan a government-issued photo ID using a scanning technology or automated, software-based system. The Joint Health and Human Services Committee reported the bill as “ought not to pass” on May 3, according to the state legislature’s website.
The state’s House and Senate are next in session on Wednesday, according to the state’s legislative calendar.