U.S. House Committee Restricts Access to Tobacco Products Due to Vaping Crisis
Last month, the U.S. House of Representatives’ Energy and Commerce Committee advanced H.R. 2339, Reversing the Youth Tobacco Epidemic Act of 2019. This Democratic sponsored measure would ban all flavored tobacco products including menthol cigarettes, raise the purchasing age to 21 nationwide for all tobacco products and ban online sales in a bid to curb tobacco use. The bill passed by a 28 to 24 vote and now moves to the House floor for a final vote and passage.
There were splits in both parties on this bill, with two Republicans joining Democrats in supporting the bill and three Democrats voting against the bill. Republican critics of the bill warned that the bill will not impact vaping, but would limit adult options to either curb or end their addiction to nicotine. The bill’s ban on menthol cigarettes also raised the ire of some Congressional Black Caucus members who opposed the bill on the grounds that the ban could have unintended consequences for black communities who disproportionally buy menthol cigarettes and who do not have as many smoking cessation programs available to them as other communities do. These Members of Congress see the ban as being “unfair and discriminatory,” and urged their colleagues to exempt menthol from the ban. However, the committee’s Democratic leadership stressed that the bill’s ban is intended to punish industry players that sell prohibited products rather than consumers.
However, the bill is expected to die in the
U.S. Senate where U.S. Sen. Mitch McConnell (R-KY) has introduced S. 1541, Tobacco-Free Youth Act, which would raise the purchasing age for tobacco products, including e-cigarettes, to 21 nationwide, but unlike the House bill, it would not place any other restriction on tobacco sales. The Senate will likely pass McConnell’s bill and not the House’s. The two chambers will have to reach a compromise if they are to produce a final bill addressing the tobacco and vaping crisis.
Recently, advancing H.R. 2339 and S. 1541 took on a new sense of urgency since the Trump administration’s efforts to ban flavored tobacco products have stalled. The administration is currently discussing the possibility of exempting menthol cigarettes from its ban as well as carving out age-restricted vape shops, but to date, no new regulations have been released.