WA lawmakers consider flavored tobacco ban

Growing up, state Rep. Kristine Reeves watched her mother smoke three packs of cigarettes a day — a habit that started when her mom was 9 years old and led to her death from lung cancer at 60.

Now Reeves, D-Federal Way, is the mother of two middle schoolers and the prime sponsor of House Bill 1203, to ban the sale of flavored tobacco and nicotine products in Washington in hopes of curbing teen nicotine usage.

Increasing concern among parents about teen use of nicotine products and growing strain on educators to keep it out of schools is driving momentum.

“It smells sweet on the outside but does real damage on the inside,” Reeves said.

A companion bill has been filed in the Senate by Sen. T’wina Nobles, D-Fircrest. If the bill is passed into law, it would be illegal for retailers to sell any flavored tobacco or nicotine products. The ban would include e-cigarettes, commonly known as vapes, and flavored nicotine pouches like Zyn, which have gained popularity in recent years.

Nobles, a mother and University Place School Board director, said she is tired of seeing how vapes are affecting students and the overall education environment. It’s a priority bill for her this session and she expects it to be controversial. 

“It’s a big enough issue in our school that new policies have been made,” Nobles said.

Flavors Hook Kids, a national campaign to support bills like Washington’s, says offerings such as gummy bear, berry blend and cotton candy are luring kids in as a gateway to nicotine addiction.

Massachusetts was the first state to pass a statewide ban on the sale of all flavored products in 2019. Eight other states have passed legislation since with varying levels of restriction.

According to the Campaign for Tobacco-Free Kids, an advocacy group focused on reducing tobacco use, about 8% of high school students in Washington use e-cigarettes. Approximately 9,000 kids will try a cigarette for the first time this year. 

Josephine Shapiro, now a college freshman, recalled the first time she used a friend’s vape at 14 years old. It was blueberry ice, she said. The habit quickly developed into an addiction.

Vaping was common among her peers at her Seattle high school, Shapiro said. Students would leave class to use their vaping devices in bathrooms, parking lots and hallways throughout the day.

When her usage was at its peak, Shapiro struggled to go less than an hour without using her vape, making sitting through a class period, participating in circus practices and taking AP tests challenging. 

“I wish I never hit my first vape,” said Shapiro, referring to inhaling from a vape.

When Shapiro’s peers asked to use her device she’d respond, “No, you’re not going to hit it. I’m not going to let you get addicted to this.” 

Washington Superintendent of Public Instruction Chris Reykdal said school districts have reported spending more time trying to police vaping in their schools in recent years. Reykdal said he also learned districts are spending money trying to put vape-detection systems in their bathrooms.

He is backing the bills because he thinks flavored vapes are marketed to young people and a full ban is the only way to reduce their consumption — even if that means adults also can’t use them.

The bills are likely to face opposition from smoke shop owners and companies that manufacture flavored products. Some people also feel strongly that adults should not have their access to flavored products revoked.  

Tammie Hetrick, president and CEO of the Washington Food Industry Association, which represents independent grocers, convenience stores and suppliers, cited concerns about the effectiveness of a blanket ban.

“Prohibition is an antiquated concept that has never worked and a flavor ban is no different. Banning products that consumers want will only lead to a larger illicit market,” Hetrick wrote in an email.

Shaun D’Sylva, a representative from the Washington Smoke-Free Association, a pro-vaping lobbying group, said the group is supportive of policies that restrict youth access. But a ban isn’t the answer, he said.

“Let’s not forget about all the adult smokers that have switched to using flavored products. And now we’re going to tell them that, no, you don’t get to do that?” D’Sylva said. 

Instead, D’Sylva thinks the Legislature should focus on enforcing a law passed in 2019, which raised the age to purchase cigarettes, e-cigarettes and other vaping products to 21, and other strategies to address youth access.

In late 2019, a short-lived emergency ban on flavored vaping products was imposed by the Washington state health board at the request of then-Gov. Jay Inslee. The 120-day ban was met with heavy opposition from people who said vaping helped them quit cigarettes. 

At the time, the board members said that protecting young people was more important than the voiced concerns. But the attempt to make the emergency ban permanent failed during the 2020 legislative session. 

This time, there could be more support.

A poll of 910 respondents across the state conducted by FM3 Research in late November showed that 63% of Washingtonians support ending the sale of flavored tobacco products and 80% of Washingtonians are concerned about young people using e-cigarettes or nicotine pouches. 

The Senate bill has been referred to the Health & Long-Term Care Committee and the House bill has been referred to the Consumer Protection & Business Committee. 

The progress of bills can be tracked online throughout the session.