State tobacco-related legislative bills that have been introduced in the past week are listed below alphabetically by state:

Connecticut: Senate Bill 41 prohibits the sale of refillable electronic delivery systems and vapor products (full text not available).

Illinois: Senate Bill 4031 provides that the issuance or renewal of a license authorizing the sale of tobacco products at a premise located within a municipality with a population in excess of 1,000,000 people and within 100 feet of a school shall not be prohibited if the following conditions are met: (1) the school is a private elementary school; (2) the school is located within the boundaries of certain roadways; and (3) the sale of tobacco products occurs only after school hours and no later than 2 a.m.

Indiana: Senate Bill 45 prohibits the sale of flavored e-liquid. House Bill 1076 prohibits the sale of flavored tobacco products (including menthol), e-liquid and component parts, including cigarettes, electronic cigarettes and smokeless tobacco.

Kentucky: House Bill 85 amends current law to clarify that the 15% tax on open vaping systems applies to the liquid solution when the solution is sold separately. House Bill 147 authorizes a city or county government may impose restrictions or requirements on the use, display, sales and distribution of tobacco products and vapor products that are stricter than those imposed under state law.

Montana: House Bill 137 limits local governing units and the Department of Public Health and Human Services from establishing requirements on alternative nicotine products or vapor products. HB137 also amends the Youth Access to Tobacco Products Act to clarify that alternative nicotine products or vapor products are separate and distinct from tobacco products. If approved, this bill would apply retroactively.

Missouri: House Bill 646 removes local tax preemption on tobacco products, new taxes must be approved by a majority of local qualified voters.

New York: Assembly Bill 332 (pre-filed for the 2021 session) prohibits the sale of an electronic liquid / e-liquid used to refill an electronic cigarette or cartridge (exempts a cartridge prefilled and sealed by the manufacturer and not intended to be opened by the consumer). Senate Bill 383 (pre-filed for the 2021 session) prohibits the advertisement of electronic cigarettes, liquid nicotine and hookah tobacco within 500 feet of schools and parks.

Assembly Bill 166 requires that all companies that sell electronic cigarettes shall annually disclose to the Commissioner of Health their online advertising expenditures from the previous fiscal year. Assembly Bill 206 requires electronic cigarette packaging to include a warning that the product may pose an explosion hazard. Assembly Bill 637 prohibits the sale of electronic cigarettes that contain certain toxic metals, requires the DOH to establish a list of prohibited toxic metals and requires the DOH to study the long-term effects of using electronic cigarette. Assembly Bill 646 requires the DOH to establish nicotine levels for e-cigarettes and e-liquids which automatically taper in nicotine strength in amounts and certain time levels; requires e-cigarettes and e-liquids manufactured or sold in the state to meet DOH specifications.

Assembly Bill 647 provides that every package containing an electronic cigarette and the electronic cigarette itself sold or offered for sale shall be designed by the DOH and such package shall include printed thereon or attached thereto a health warning and disclaimer label designed by the DOH. Assembly Bill 649 prohibits the sale or distribution of electronic cigarettes lacking FDA premarket order of approval. Assembly Bill 668 requires a prescription from a licensed physician in order to obtain an electronic cigarette; electronic cigarettes may only be made available by an individual or entity licensed and registered to operate as a pharmacy. Assembly Bill 671 prohibits the use of toxic metals in electronic cigarettes, requires disclosure of the materials used in the hardware of electronic cigarettes and requires the DOH to study the long-term effects of electronic cigarette users.

Assembly Bill 678 increases the OTP tax from 75% to 129% (including snuff) and increases the tax on the retail sale of vapor products from 20% to 48%. Assembly Bill 679 prohibits the sale of flavored nicotine pouches. Assembly Bill 683 increases the cigarette tax to $6.24 per twenty pack (currently $4.35). Senate Bill 84 prohibits the retail sale of flavored tobacco products and accessories. Senate Bill 174 (same as A332) prohibits the sale of an electronic liquid / e-liquid used to refill an electronic cigarette or cartridge (exempts a cartridge prefilled and sealed by the manufacturer and not intended to be opened by the consumer). Senate Bill 778 provides for restrictions on advertisement and promotion of electronic cigarettes, including within 500 feet of school grounds as defined. Senate Bill 1021 prohibits the sale of flavored smokeless tobacco within 500 feet of a public or private school.