Public Health Council Approves new Vaping and Tobacco restrictions in Massachusetts.

By Josh Faiola

Email: news@abc6.com 

Twitter: @ABC6

BOSTON, MASS (WLNE) – As of Wednesday, The Massachusetts Public Health Council approved regulations that restrict the sale of nicotine and flavored vaping and tobacco products. 

This is following the Act Modernizing Tobacco Control law signed by Governor Charlie Baker, which allowed the Department of Public Health (DPH) with additional authority to regulate access to tobacco and electronic nicotine delivery systems, including vapes. 

Because of this, Governor Baker’s temporary statewide ban is no longer in effect. 

The following restrictions are as follows:

1. The Sale of non-flavored nicotine vaping products (with a nicotine content of fewer than 35 milligrams per milliliter) is restricted to stores licensed to sell tobacco products, such as convenience stores, gas stations, and other retail outlets.

2. The Sale of non-flavored nicotine vaping products (with nicotine content over 35 milligrams per milliliter) is restricted to licensed, adult-only tobacco stores and smoking bars.

3. The sale and consumption of all flavored nicotine vaping products may only occur within licensed smoking bars. 

Here is a chart and what tobacco products can be sold, and where. 

According to the DPH, the sale of flavored combustible cigarettes and other tobacco products, including menthol cigarettes and flavored chewing tobacco will be restricted to licensed smoking bars beginning June 1, 2020. 

Also taking effect is the addition of a 75% excise tax on the wholesale price of nicotine and vape products, in addition to the state’s 6.25% sales tax.

These will only be sold for on-site consumption. 

According to the DPH the new regulations lay out a road map for the implementation of the new law.

Regulations which are effective now:

1.  Require posting of signage to any location where vaping products are sold to warn customers of the dangers of severe lung disease associated with vaping products and more generally advising them of the health risks of vaping.

2. Specify the Commissioner’s authority to prohibit the sale of a designated vaping product on a determination that the product causes an imminent danger to public health.

3. Strengthen State and local law enforcement

4. Establish how retailers and manufacturers must comply with the law’s requirement that vaping products with a nicotine content of more than 35 mg/ml may only be sold in 21+ establishments.

5. Require vaping products to be placed behind the counter in all non-age restricted retailers. 

A Public hearing on the regulations will be scheduled within the next 90 days according to the DPH. 

According to the DPH, they have reported 93 cases of vape related health problems (31 confirmed and 62 probable cases) to US Centers for Disease Control and Prevention, including three deaths from vaping-associated lung injury.

©WLNE-TV/ABC6 2019