Tobacco

State Tobacco-Related Legislative Updates From NATO

New Jersey bill phases in cigarette tax increases through 2027
cigarettes and coins
Photograph: Shutterstock

The National Association of Tobacco Outlets Inc. (NATO) provided its members with an update on Friday on tobacco legislation and litigation on the state level throughout the United States.

Topping off the update from NATO included state legislative bill introductions in the states of New Jersey and New York. New Jersey’s state tobacco-related legislative bill AB4080 phases in cigarette tax increases (currently $2.75 per pack) as listed:

  • 07/01/2024 to $3.25
  • 07/01/2025 to $3.50
  • 07/01/2026 to $3.75
  • 07/01/2027 to $4.00

The state of New York’s S8817 bill (same as A9224) prohibits the sale of tobacco products within 500 feet of any private or public school.

State legislative bill actions this week included Alabama’s HB65, which passed the house and moved to the senate on Tuesday, NATO reported.  According to the association, the bill would do the following:

  • Amends the state's vapor product directory law to include provisions related to vapor products made with synthetic nicotine.
  • Requires that any product manufactured with synthetic nicotine must have submitted a PMTA on or before May 14, 2022, to the FDA to be certified for inclusion in the directory.
  • Establishes an annual permit fee for the tobacco product distribution permit of $150.
  • Provides new penalties for retailers selling vapor products not listed in the directory.
  • Amends the definition of “specialty retailer of electronic nicotine delivery systems” to require the list of intended inventory to include 50% or more of vapor products by quantity or value. The current requirement is 35%. 

The state of Vermont’s proposed tobacco flavor ban Bill S.18, which passed the state house and senate will be sent to the governor for final review. The measure would ban menthol cigarettes, all flavored vapor products and flavored nicotine pouches effective January 1, 2026.  Not currently included in the ban are flavored smokeless tobacco products. 

David Spross, executive director of NATO, told CSP that this would lead to a negative effect on the state’s convenience-store’s back bar and instead would profit illegal activity.

“This bill would shift the supply of flavored products from responsible, licensed and regulated retailers who check IDs to drastically expand an already existing illicit marketplace where IDs are not checked,” Spross said. “Simply put, prohibition does not work.”

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