State tobacco-related legislative bills that have been acted on by a state legislative committee or state legislature are listed below alphabetically by state:
Alabama: House Bill 273, which raises the minimum age for legal possession, transportation, and purchase of tobacco products, electronic nicotine delivery systems, and alternative nicotine products from 19 to 21; prohibits the advertisement or promotion of tobacco products, electronic nicotine delivery systems, or alternative nicotine products in certain circumstances; prohibits manufacturers or retailers of tobacco products, electronic nicotine delivery systems, or alternative nicotine products from marketing, advertising, or offering for sale tobacco, tobacco products, electronic nicotine delivery systems, or alternative nicotine products by: using branding or imagery that depicts, signifies, or denotes flavoring resembling or replicating the taste of candies, cakes, or other sugary treats, as well as other food and drink products that are primarily marketed to children; or using branding or imagery that depicts, signifies, or denotes characters, symbols, or scenery from comic books, movies, video games, television shows that are known to be marketed primarily toward children, or that otherwise incorporate mythical concepts or creatures known to be used primarily in products that are marketed toward children; requires manufacturers of e-liquids and alternative nicotine products to make certain representations to the Commissioner of the Department of Revenue regarding those products; and requires the Commissioner of the Department of Revenue to maintain a directory listing manufacturers of e-liquids and alternative nicotine products, was reported favorably from the Senate Judiciary Committee on April 22, 2021.
Arkansas: Senate Bill 628, which permits Arkansas-based cigar shops to sell cigars at retail online, passed the House on April 22, 2021.
Florida: Senate Bill 1080, which increases the legal age to purchase and possess tobacco products and vapor products to 21 years of age and requires nicotine product retailers to be licensed, and provides that the establishment of the minimum age for purchasing or possessing tobacco product or nicotine products and the regulation of the marketing, sale, or delivery of tobacco products or nicotine products is preempted by state law, was placed on Third Reading in the Senate on April 22, 2021. House Bill 987, which increases the legal age to purchase and possess tobacco products and vapor products to 21 years of age and requires nicotine product retailers to be licensed and provides that the establishment of the minimum age for purchasing or possessing tobacco product or nicotine products and the regulation of the marketing, sale, or delivery of tobacco products or nicotine products is preempted by state law, was added to the Second Reading calendar in the House on April 22, 2021.
Hawaii: House Bill 826 which would ban the sale of flavored tobacco products (except menthol), and create a new tax on e-liquids at the same rate as OTP (70% of the wholesale price), was deferred for this session in conference committee on April 21, 2021.
Illinois: An amended version of Senate Bill 512, which sets packaging, ingredient, and marketing requirements for e-cigarettes.; prohibits a manufacturer, distributor, or retailer from advertising, marketing, or promoting an electronic cigarette in a manner that: (1) encourages persons under 21 years of age to use an electronic cigarette; or (2) is attractive to persons under 21 years of age, including, but not limited to, inclusion of the following: (A) cartoons; (B) an image, character, or phrase that is similar to one popularly used to advertise to children; or (C) a video game, movie, video, or animated television show known to appeal primarily to persons under 21 years of age; and prohibits the honoring or acceptance of any discount, coupon, or other benefit or reduction in price that is inconsistent with 21 CFR 1140, subsequent United States Food and Drug Administration industry guidance, or any rules adopted under 21 CFR 1140, passed the Senate and moved to the House on April 22, 2021. The amended version of the bill removed a provision that would have made it unlawful to sell in any one transaction more than 2 electronic cigarettes, 4 prepackaged cartridges of electronic cigarette solution, or 100 milliliters of electronic cigarette solution to a consumer.
Indiana: House Bill 1001 (state budget bill) was amended in the Senate Appropriations Committee on April 8th to remove the $0.505 cigarette tax increase. The bill includes a tax on closed system cartridges at $0.10 per milliliter of consumable material and a tax of 10% at retail on the sale of consumable material and vapor products. The bill is in conference committee and therefore subject to change.
Maine: HP1155/LD1550 (formerly LR1006), which prohibits the sale and distribution of all flavored tobacco products and ENDS (includes menthol products), was assigned to the Joint Committee on Health and Human Services on April 20, 2021. HP942/LD1282, which limits the number of electronic nicotine delivery devices and nicotine liquid containers that may be sold in a single transaction; requires tobacco retailers to examine and scan a government-issued photographic identification using a scanning technology or other automated, software-based system, was voted “ought not to pass” in the Joint Committee on Health and Human Services on April 21, 2021.
Massachusetts: House Bill 2870 (filed as HD1807) and Senate Bill 1809 (filed as SD1007), both of which increase the cigarette tax to $4.01 per 20-pack and increase the tax on cigars and smoking tobacco to 80% of the wholesale price, were referred to the Joint Committee on Revenue.
The following bills have been referred to the Joint Committee on Public Health: House Bill 2310 (filed as HD740) and Senate Bill 1459 (filed as SD432) prohibit the sale of tobacco products except in an adult-only retail tobacco store or smoking bar (age restricted). House Bill 2369 (filed as HD 2126) relates to the sale of ENDS (defines illicit ENDS, requires manufacturers to deliver an attestation to the state AG certifying the manufacturer has applied for a PMTA or has a marketing order or other authorization from the FDA). Senate Bill 1392 (filed as SD488) requires retailers that sell tobacco products to stock and offer for sale at least one nicotine replacement therapy, drug, device or combination product that has been approved by the FDA for tobacco cessation use. Senate Bill 1373 (filed as SD1106) changes the effective date of the menthol ban to June 1, 2022 or 12 months from passage (whichever is later).
Minnesota: House File 991, which contains a 95% tax on electronic nicotine devices, passed the Ways and Means committee on April 20, 2021 and has been sent to the House Floor.
Missouri: HB517, which raises the age to purchase and possess tobacco products from 18 to 21, and includes a provision preempting localities from regulating the sales of tobacco products, alternative nicotine products and vapor products but does not extend preemption to taxing the sale of those products, passed the committee on Downsizing State Government on April 21, 2021.
Montana: Senate Bill 398, which prohibits a local government from adopting or enforcing any local ordinance or resolution that prohibits the sale of alternative nicotine products or vapor products, passed the House Business and Labor Committee on April 21, 2021.
Nevada: Assembly Bill 59, which, as amended, increases the minimum legal sales age to 21, reduces penalties for retail clerks making illegal sales to underage persons and regulates remote sales of tobacco products, was amended and passed by the Assembly on April 20, 2021. Assembly Bill 360, which, as amended, effective January 1, 2023, requires retailers to use advanced age-verification technology at the point of sale for every tobacco and vapor product purchase, was amended by the Assembly on April 19, 2021 and passed the Assembly on April 20, 2021.
North Dakota: Senate Bill 2189, which recommends legislative management consider studying reduced harm nicotine products during the 2021-22 interim, was signed by the Governor on April 16, 2021.
Oklahoma: House Bill 2292, which creates the Oklahoma Tax Commission to enforce the tobacco tax laws and also requires that retailers may only purchase tobacco products from Oklahoma licensed wholesalers, passed the Senate and moved to the House for concurrence on April 19, 2021. House Bill 2511, which provides that beginning July 1, 2022, every manufacturer of a vapor product that is sold or intended to be sold in this state, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, shall execute and deliver an attestation under penalty of perjury to the Oklahoma Alcoholic Beverage Laws Enforcement (ABLE) Commission certifying that, as of the date of such attestation: (1) The vapor product was available for purchase in the United States as of August 8, 2016, and the manufacturer has applied for a marketing order for the vapor product by submitting a Premarket Tobacco Product Application on or before September 9, 2020, to the United States Food and Drug Administration (FDA); or (2) The manufacturer has received a marketing order or other authorization for the vapor product from the FDA pursuant to Section 387j of Title 21 of the United States Code. B. The manufacturer shall notify the ABLE Commission within thirty (30) days of any material change to the attestation, including whether the FDA has issued or not issued a market order or other authorization or has ordered the manufacturer to remove the vapor product, either temporarily or permanently, from the United States market, passed the Senate on April 19, 2021.