Joint Committee on Public Health

An Act modernizing tobacco control and protecting the health of minors.

Filed by Chairman Jeffrey Snchez

Summary of Major Bill Provisions

Inclusive Product Definitions Comprehensive definitions are added to ensure all current, emerging, and future tobacco and nicotine products are defined and captured by statute. o Defines tobacco products in statute, which includes cigarettes, cigars, little cigars, chewing and pipe tobaccos, snuff, and tobacco in any other form. o Adds a definition for nicotine delivery products, which addresses any product with nicotine including e-cigarettes. Excludes therapeutic smoking cessation products containing nicotine. Restricted Sale to Minors Prohibits sale of nicotine delivery products, in addition to tobacco products, to anyone under 18. As more and more of our youth turn to other tobacco products, this provision makes sure any tobacco or nicotine delivery products stay out of the hands of minors. Youth Tobacco Use Controls Prohibits use of nicotine delivery products, in addition to tobacco products, by students or school personnel on any school property. Youth Tobacco Use Prevention Restricts manufacturers or retailers from distributing samples of nicotine delivery products or tobacco products, except in tobacco stores and smoking bars. As tobacco stores and smoking bars only allow patrons 18 and older, this will help ensure tobacco and nicotine delivery products stay out of the hands of our youth.

Key Facts & Stats

Massachusetts efforts to reduce youth cigarette smoking, such as higher taxation, have successfully reduced smoking rates by half since 1999. o Use has dropped from over 30% to 14 %. Since 2005, use of other tobacco products has continuously risen annually. o In 2011, 17% of Massachusetts youth used other tobacco products in the last 30 days. o Other tobacco use has increased almost 4% since 2003. o In 2011, for the first time, cigar use exceeded cigarette use among high schoolers. o From 2003 to 2011, smokeless tobacco use increased almost 3% among high schoolers. In 2011, high schoolers reported use across the other tobacco product spectrum, including: little cigars, hookah, dissolvable tobacco, flavored cigarettes, and e-cigarettes. E-cigarette sale and use is currently not prohibited for minors at the state level, nor is the place of e-cigarette use regulated. o Over a dozen cities and towns restrict access to minors and govern where ecigarettes can be used. All 3 major tobacco companies are planning to market their own e-cigarettes by the end of the year. o Revenue for the e-cigarette market continues to rise and will lead to lower priced products. 1 in 5 current smokers uses e-cigarettes in the US. E-cigarettes are not defined federally as tobacco products. This means: o they are not regulated by the FDA; o they have had no safety or efficacy evaluation; o they are not subject to the same marketing restrictions cigarettes are; o companies can engage in advertising via TV, radio, internet, and print.

Workplace and Public Smoking Ban Prohibits use of e-cigarettes in all locations that smoking is prohibited, including the workplace.