Bill Sponsors
Zurier, and Ujifusa
Committee
Senate Finance
Summary
Select
This legislation amends Rhode Island's tax laws regarding electronic nicotine-delivery systems, commonly known as vapes. Specifically, it modifies the legal definition of "characterizing flavor" to explicitly include mint, menthol, and wintergreen. Previously, menthol was excluded from this definition. By removing this exclusion and adding these flavors to the prohibited list, the bill bans the sale, offer for sale, or possession with intent to sell of menthol-flavored electronic nicotine products in the state. Compassion centers and licensed cannabis cultivators are exempt from this ban provided their products do not contain tobacco or nicotine.
Sponsor
Analysis
Pros for Progressives
- Promotes public health by reducing the availability of flavored nicotine products, which are often cited as a gateway for youth addiction and can lead to long-term respiratory issues.
- Addresses health equity concerns, as menthol products have historically been aggressively marketed toward minority communities, contributing to health disparities.
- Reduces the overall prevalence of nicotine addiction in the community, potentially lowering the burden on the public healthcare system and social safety nets in the long term.
Cons for Progressives
- May negatively impact harm reduction efforts for individuals using menthol vapes as a cessation tool to quit more dangerous combustible cigarettes.
- Could contribute to the creation of illicit markets, potentially increasing police interactions with marginalized populations over the sale of banned substances.
- Imposes economic hardship on small business owners and employees in the vape and convenience store sectors due to lost revenue from popular products.
Pros for Conservatives
- Protects children and traditional family structures by restricting products often perceived as targeting youth with appealing flavors.
- Closes a perceived loophole in existing law, ensuring that the legislative intent to ban flavored products is applied consistently across all flavor categories.
- May reduce long-term state expenditures on healthcare costs associated with nicotine addiction and respiratory illnesses.
Cons for Conservatives
- Represents significant government overreach and a "nanny state" mentality by restricting the freedom of adult consumers to purchase legal products of their choice.
- Harms small businesses and stifles corporate freedom by banning a significant portion of inventory, potentially leading to business closures and job losses.
- Sets a dangerous precedent for further government interference in the free market and the prohibition of other legal goods based on subjective criteria.
Constitutional Concerns
None Likely
Impact Overview
Groups Affected
- Vape Shop Owners
- Adult Nicotine Consumers
- Convenience Store Owners
- Tobacco Wholesalers
- Public Health Officials
Towns Affected
All
Cost to Taxpayers
None
Revenue Generated
Amount unknown
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/16/2026 Introduced, referred to Senate Finance
Bill Text
SECTION 1. Section 44-20-61 of the General Laws in Chapter 44-20 entitled "Cigarette, Other Tobacco Products, and Electronic Nicotine-Delivery System Products" is hereby amended to read as follows:
44-20-61. Product restrictions on electronic nicotine-delivery system products.
(a) For purposes of this section, the following terms shall have the following meanings:
(1) “Characterizing flavor” means a distinguishable taste or aroma, other than the taste or aroma of tobaccoor menthol, distinguishable by an ordinary consumer, imparted either prior to, or during, consumption of an electronic nicotine-delivery system product or component part thereof, including, but not limited to, tastes or aromas relating to any fruit, mint, menthol, wintergreen, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice or which impart a cooling or numbing sensation. The determination of whether an electronic nicotine-delivery system product has a characterizing flavor shall not be based solely on the use of additives, flavorings, or particular ingredients, but shall instead consider all aspects of a final product including, but not limited to, taste, flavor and aroma, product labeling, and advertising statements. A flavor shall be presumed to be a characterizing flavor if a dealer, manufacturer, or distributor has made a statement or claim directed to consumers or the public about such flavor, whether expressed or implied, that it has a distinguishable taste or aroma (other than the taste or aroma of tobacco or menthol).
(2) “Flavored electronic nicotine-delivery system product” means any electronic nicotine- delivery system product that imparts a characterizing flavor.
(b) The sale, or offer for sale of, or the possession with intent to sell or to offer for sale, flavored electronic nicotine-delivery system products to consumers within the state of Rhode Island is hereby prohibited. Compassion centers and licensed cultivators registered with the state of Rhode Island department of business regulation-office of cannabis regulation under chapter 28.6 of title 21 are exempt from this provision except as to products that contain, are made of, or are derived from tobacco or nicotine, natural or synthetic.
SECTION 2. This act shall take effect upon passage.
44-20-61. Product restrictions on electronic nicotine-delivery system products.
(a) For purposes of this section, the following terms shall have the following meanings:
(1) “Characterizing flavor” means a distinguishable taste or aroma, other than the taste or aroma of tobacco
(2) “Flavored electronic nicotine-delivery system product” means any electronic nicotine- delivery system product that imparts a characterizing flavor.
(b) The sale, or offer for sale of, or the possession with intent to sell or to offer for sale, flavored electronic nicotine-delivery system products to consumers within the state of Rhode Island is hereby prohibited. Compassion centers and licensed cultivators registered with the state of Rhode Island department of business regulation-office of cannabis regulation under chapter 28.6 of title 21 are exempt from this provision except as to products that contain, are made of, or are derived from tobacco or nicotine, natural or synthetic.
SECTION 2. This act shall take effect upon passage.