The Vermont House of Representatives has passed Senate Bill 18 (S 18), which seeks to prohibit the sale of flavored vape and tobacco products, as well as ban online sales of all nicotine products in the state. The bill, having already been approved by the state Senate, will now return to the Senate for reconciliation of any differences between the two versions. Once finalized, it will be sent to Governor Phil Scott for his signature or veto. If enacted, the flavor ban will come into effect on January 1, 2026.
The Consumer Advocates for Smoke-free Alternatives Association (CASAA) had previously issued a call to action in April 2023, urging Vermont residents to contact their legislators and express their opposition to the bill. This call to action remains active and is now more crucial than ever. If necessary, CASAA plans to update the call to action, requesting Gov. Scott to veto the bill. Concerned citizens can also reach out to the governor’s office directly by calling (802) 828-3333.
Unlike the PMTA registry bills currently posing a threat to vapers in more than 20 states, the Vermont bill does not provide exemptions for products that have received authorization from the FDA. Gov. Scott, a Republican, has voiced concerns about the potential loss of tax revenue that the state may face if menthol cigarettes are banned. According to NBC5, he stated, “We’re talking millions of millions of dollars, so if it’s $15 million we’re going to lose by putting this ban in place, I think we better reflect on that.”
If the Vermont bill is signed into law, it will prohibit the sale of all flavored consumer nicotine products, including flavored vapes, nicotine pouches, smokeless tobacco, and all forms of combustible tobacco, such as menthol cigarettes. Additionally, it will ban online sales of all nicotine products, regardless of their flavor.
Currently, five states have implemented flavored vape bans: California, Massachusetts, New Jersey, New York, and Rhode Island. However, California’s law does not prohibit online sales of flavored vapes. To date, only California and Massachusetts have banned menthol cigarettes.
Vermont currently imposes a 92 percent wholesale tax on vaping products, which is the highest rate in the country. This tax is applicable to all products, irrespective of their nicotine content.
