State tobacco-related legislative bills that have been acted on by a state legislative committee or state legislature are listed below alphabetically by state:
California: Senate Bill 395, which creates a new tax on purchasers of electronic cigarettes and e-liquids of 12.5% of the gross receipts from the sale of the products, to be collected and remitted by the retailer, passed Senate on June 1, 2021. Senate Bill 491, which adds violations of restrictions on nitrous oxide to the list of reasons to deny, revoke, or suspend a tobacco retailer license, passed Senate on June 1, 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, is eligible for the Governor after the Senate concurred in House Amendment No. 3 on May 31, 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.
Louisiana: House Bill 473, which raises the minimum age for the prohibition of the distribution or sale of tobacco, alternative nicotine products, or vapor products from persons under the age of 18 to those under the age of 21, is scheduled for final reading in the Senate on June 6, 2021.
Maine: LD221/HP 156 (Governor’s budget bill changes), which includes a ban on the sale of all flavored tobacco products, was the subject of a work session in the Joint Committee on Appropriations and Financial Affairs on June 1, 2021.
Michigan: House Bill 4485, which repeals the provision that is scheduled to remove the 50 cents per cigar excise tax cap on October 31, 2021, passed the Senate Finance Committee and moved to the Senate for second reading on June 3, 2021. House Bill 4878, which prohibits the sale of synthetic or tobacco free nicotine to an individual under 21 and requires the product packaging to include a disclosure that the product is not regulated by the FDA, passed the House and moved to the Senate on June 3, 2021. House Bill 4251, which prohibits the sale of vapor products or alternative nicotine products that contain Vitamin E Acetate, passed the House and moved to the Senate on June 3, 2021.
North Carolina: House Bill 334 (as substituted in the Senate), which contains language to modify the excise tax on cigars to tax online sales the same as in-person sales (12.8% of the cost price with a cap of $.30 per cigar), was re-referred to the Senate Committee on Rules and Operations on May 27, 2021.
Nevada: Assembly Bill 59, which 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 signed by the Governor on May 27, 2021 (age 21 provisions effective May 27, 2021; remote sales provision effective July 1, 2021). Assembly Bill 360, which requires retailers to use advanced age-verification technology at the point of sale for every tobacco and vapor product purchase to persons under 40 years of age, was signed by the Governor on May 28, 2021 (effective date is January 1, 2023).
Texas: Senate Bill 248, which requires anyone selling electronic cigarettes to consumer to obtain a license from the Comptroller, moved to the Governor on June 1, 2021. If approved, effective September 1, 2021. A provision imposing a tax on alternative nicotine products at the rate of $1.22 per ounce and a proportionate rate on all fractional parts of an ounce was removed from the final version of the bill.
Utah: Senate Bill 1003 (First Special Session), which prohibits sales of alternative or nontherapeutic nicotine products to persons under 21, was signed by the Governor on May 28, 2021 (effective date is May 28, 2021.)
Wisconsin: Assembly Bill 348, which raises the age for purchasing cigarettes, tobacco products, or nicotine products from 18 to 21, was referred to the Assembly Substance Abuse and Prevention Committee on May 27, 2021. This bill is the companion to Senate Bill 111.