A comprehensive measure regulating the sale of vaping devices to young people under 21 – including penalties for those who sell and buy them – is running up against a clock this legislative session, and the supporters say that lives are at risk.

Opponents say the legislation could cripple small retailers who sell legitimate smoking cessation products to adults while fueling a rise of tobacco sales in Alabama.

The Centers for Disease Control and Prevention is also weighing in, saying that laws that add penalties against youths is “not a best practice,” and that Black and Hispanic youths are more likely to be cited for violations.

A legislative showdown has already occurred in Montgomery between the bill’s opponents – which includes a unique mix of small business, vape shops, and public health organizations like the American Cancer Society – and supporters like school leaders and the Drug Education Council.

‘Optimistic’

The legislative sponsors from Mobile – Rep. Barbara Drummond and Sen. Vivian Figures – believe HB319 could get an airing on the Senate floor before the legislative session ends. After Thursday, only one more day remains for any legislation to be considered this year.

“I am optimistic,” Figures said on Wednesday. “I always try to keep hope alive until we are done.”

Figures is also pitching legislation of her own — SB316, which was approved by the Alabama House Judiciary Committee Wednesday and is viewed as a complimentary bill to Drummond’s more comprehensive measure that adds teeth to regulating the sale of vaping devices to youths under 21. The federal government raised the age from 18 to 21 in 2019, for purchasing all tobacco products, including vapes and e-cigarettes.

Under SB316, if a minor is found in possession of a vaping device, “reasonable efforts” will be made to notify a parent or legal guardian.

“So many times our children are doing things parents don’t know about,” Figures said. “This is bringing it to the forefront so children can get the help they need.”

Similar language exists in the comprehensive HB319. That bill also adds fines of $50 or eight hours of community service on anyone under age 21 who is found in possession of a vape device. Children under age 18 will be assigned to juvenile court if they are found in possession of vape devices.

“Vaping is the No. 1 problem in our school systems throughout the state of Alabama,” Figures said. “Children get addicted a lot easier and quicker than an adult does. We’re trying to save their lives. It’s become an epidemic.”

Penalties, education

Drummond said the biggest thing behind her legislation – HB319 – is that it adds an enforcement arm to the Alabama Alcoholic Beverage Control Board to assess penalties that are already on the books.

It also increases fines against retail outlets advertising products geared toward youths. The legislation also assesses fines on a retailer for selling products that are not listed on a directory, created in 2021, that tracks businesses that sell and manufacture vape cartridges, e-liquids and other alternative nicotine products in Alabama.

Additionally, the legislation bans any product containing synthetic nicotine or nicotine derived from any source other than tobacco, making the state the first in the nation to do so.

“There is bad stuff being shipped and not purchased here in America that is coming in from China and Mexico,” said Drummond. “This will give ABC and (Alabama Law Enforcement Agency or ALEA) the power and funding it needs to get resources out there and get the stuff off the shelves.”

The bill also sets aside funding through fines to support vape awareness and educational programs.

“We came out of the pandemic and saw 8 to 9-years-olds with vape devices,” said Virginia Guy, executive director with the Drug Education Council based in Mobile. They reported that they were playing are electronic devices, but it’s a lot more than just one more electronic device. We want to make sure they know it’s harmful and they will not possess it. We want to intervene and stop that use before it becomes an addiction.”

Opposition

The bill faced opposition during a committee hearing on May 24, after a group of 28 anti-tobacco and public health organizations submitted a letter requesting lawmakers to not adopt it.

One group warned that the legislation, by redefining “e-liquids” and outlawing synthetic nicotine, would eliminate locally owned vape stores in Alabama within a year.

They also warn that the legislation would be a boost to the tobacco industry, because of the restrictions on selling alternative nicotine products.

The CDC, in a statement to AL.com, argues that the best approach toward regulations is through comprehensive smoke free laws, tobacco price increases, media campaigns, and flavor prohibitions.

According to the Truth Initiative, Alabama’s tobacco tax ranks No. 41 in the U.S., and well below the national average. The state is also one of a dozen Southern U.S. states that does not have a comprehensive statewide ban on smoking indoors, although many restaurants and bars have their own policies prohibiting indoor smoking.

Gregory Conley, director of legislative & external affairs of American Vapor Manufacturers, said the way the legislation is written, it will “ban the sale of nicotine-free vaping products, which are used by many adults on their path to quitting nicotine use altogether.”

“Some lawmakers seem to be under the impression that a … registry or a synthetic nicotine ban will somehow address the problem of drug dealers selling illicit vape cartridges containing drugs,” Conley said. “I will go out on a limb and say that drug dealers are not going to be put off by a tobacco regulatory bill.”

He added, “Instead of putting lipstick on a pig and risking shutting down small businesses with zero benefit to public health, lawmakers should decline to pass HB 319 and develop a workable policy proposal over the interim.”

But Guy said she believes the vaping industry is doing things she believes is harmful to youths, such as promoting products through social media campaigns.

“They are putting out ads where kids can do things like take pictures of vaping in English class, or the bus,” Guy said. “Companies are sending swag. It’s disrespectful to our educators and running them ragged.”