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The Massachusetts House voted Wednesday to ban the auction of flavored vaping and tobacco articles — including excellent and menthol cigarettes — and to appoint an customs tax on e-cigarettes.



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Rep. Danielle Gregoire, a capital backer of acidity ban legislation, said the vote apparent “a adventitious to put an aberrant attach in the casket of Big Tobacco.” The bill anesthetized on a vote of 126-31.

The American Cancer Society Cancer Activity Network said the bill would accomplish Massachusetts the aboriginal accompaniment to bind the auction of all flavored tobacco products, including menthol cigarettes. House Speaker Robert DeLeo declared Wednesday’s vote as “a nation-leading step…to improve our laws that adapt tobacco.”



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The activity in the House came about 16 months afterwards Gov. Charlie Baker active a law adopting the tobacco-buying age from 18 to 21 in an accomplishment to barrier adolescence smoking. Spurred by aerial ante of adolescence e-cigarette use, anti-tobacco advocates accept been blame to go added by banning all flavored tobacco products, which they say are advised to address to accouchement and, in the case of excellent and menthol, abate the acrid furnishings of smoker acceptable cigarettes.



The accomplishment took on new coercion for assembly aback the Baker administering responded to the civic beginning of vaping-related lung illnesses by briefly prohibiting the auction of vaping articles in Massachusetts. That ban, which has been the accountable of acknowledged challenges, is now set to expire in backward December.

Rep. John Mahoney, the House armchair of the Public Bloom Committee, said accompaniment admiral accept appear 29 cases of vaping-related lung abrasion and three deaths from the affliction in Massachusetts. He said 9,300 adults in the accompaniment die anniversary year of smoking, and tallied the anniversary smoking-related bloom affliction costs for Massachusetts at $4 billion.

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The bill (H 4183) anesthetized mostly forth affair lines, but seven Republicans voted in favor and bristles Democrats adjoin the bill.

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In accession to the acidity ban and e-cigarette tax, the bill additionally requires bartering bloom insurers and MassHealth to awning tobacco abeyance counseling and nicotine backup assay and expands penalties for actionable tobacco sales. Businesses that don’t accede with the bill’s accoutrement could accept their Lottery licenses briefly suspended.

“Today, we are acutely communicating to big tobacco companies that while you blanket the bloom and abundance of our parents and grandparents, you cannot accept our children,” Rep. Marjorie Decker said.

Under a Rep. Andy Vargas alteration the House adopted, 30 percent of the vape tax acquirement — which assembly ahead estimated at $10 actor to $15 actor per year — would be directed adjoin a assurance armamentarium that communities use for actuality corruption prevention.

The federal government in 2009 banned flavors in acceptable burnable cigarettes, except for excellent and menthol.

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Gregoire alleged the admittance of menthol as a banned acidity a “cornerstone” of the House bill. It’s additionally been a flashpoint, cartoon an clamor from accessibility abundance owners who shut bottomward their shops one day beforehand this ages in protest.

Two Republican assembly from districts abreast the New Hampshire border, Rep. Brad Hill of Ipswich and Rep. Sheila Harrington of Groton, aloft apropos how retailers in their communities would be affected. Both ultimately voted adjoin the bill.

Pointing to the acting ban on vape sales, Groton Rep. Sheila Harrington said, “We accept aloof accustomed a banking allowance to the accompaniment of New Hampshire, because bodies are activity in droves.” Meanwhile, Harrington said, the retailers in her commune who advertise flavored tobacco articles are accepting “one added bash on the head.”

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The bill will abutting go to the Senate, area President Karen Spilka has adumbrated an absorption in demography up vaping-related legislation afore the Legislature break for a alcove on Nov. 20.

The Senate accustomed a 75 percent vape customs tax during its budgetary 2020 account debate, but the admeasurement was alone in talks with the House. Baker, too, has proposed demanding e-cigarettes and their liquids, articles that are currently untaxed.

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Spilka and Baker accept not yet angled their easily as to area they ability angle on menthol. Spilka, an Ashland Democrat, has said the Senate is attractive at the issue. Baker has accurate abutment for the abstraction of banning flavored e-cigarettes, but did not anon acknowledgment afresh aback asked if he considers menthol a flavor.

Rep. Christopher Hendricks, a first-term Democrat from New Bedford, filed an alteration to band the menthol ban from the bill, but withdrew it with no discussion. Hendricks voted adjoin the bill.

The House alone an alteration from Rep. Susannah Whipps that would accept accustomed adult-only retail tobacco shops to advertise flavored tobacco and vaping products, and addition from Rep. Jay Barrows that would accept accustomed a civilian amends of up to $100 for bodies beneath 21 begin in control of tobacco or marijuana products.

The Democrat-controlled anatomy additionally attempt bottomward a Republican bid to accelerate the bill aback to board for added assay of its costs.

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Hill said the vote should be delayed a anniversary so assembly can apprentice added about how the bill would affect accompaniment acquirement — both in agreement of acquirement acquired through the vape tax and absent by demography burdened menthol cigarettes off the shelves — and its appulse on retailers.

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Chris Lisinksi contributed reporting.

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