Phil Scott, Governor of Vermont, made headlines on April 3rd when he vetoed a bill that would ban the sale of all nicotine and tobacco products in any flavors other than tobacco.
Senate Bill 181“Vermont S18 | TrackBill,” trackbill.com. https://trackbill.com/bill/vermont-senate-bill-18-an-act-relating-to-banning-flavored-tobacco-products-and-e-liquids/2321216/ received a lot of support in the State Senate in March 2023, where it passed with 18-11 votes in favor. After that, it sailed through the Vermont House with an 83-53 margin on March 15th of this year.
The bill would have also banned the online sale of all vaping products, including tobacco-flavored e-liquids. This is perhaps the most controversial aspect of the bill, considering many legislators focus their attention on characterizing flavors.
Studies have proven that young people drastically prefer fruit, candy, and dessert-flavored e-liquids2M. B. Harrell et al., “Flavored e-cigarette use: Characterizing youth, young adult, and adult users,” Preventive Medicine Reports, vol. 5, pp. 33–40, Mar. 2017, doi: https://doi.org/10.1016/j.pmedr.2016.11.001 over tobacco or menthol-flavored vape products, which has sparked harsh legislative action across the U.S. Lawmakers don’t seem to be as concerned about tobacco-flavored e-liquids, which can be reasonably argued to mainly appeal to adult smokers and vapers.
Scott’s decision to veto the bill has been met with raised eyebrows, especially since he has acted against the interests of Big Tobacco in the past. In 2019, Scott signed Bill 863“Bill Status S.86 (Act 27),” legislature.vermont.gov. https://legislature.vermont.gov/bill/status/2020/S.86 and Bill 474“Bill Status H.47 (Act 28),” legislature.vermont.gov. https://legislature.vermont.gov/bill/status/2020/H.47, which increased the legal smoking age from 18 to 21 and added tax to vape products, respectively.
Perhaps anticipating the backlash, Scott released a letter explaining his reasoning. “We have an obligation to protect our children, but it must be balanced in such a way that we honor the rights and freedoms of adults”5Philip B Scott, Letter to John Bloomer, https://governor.vermont.gov/sites/scott/files/documents/S.18%20Veto%20Letter%20-%204.3.24.pdf, Scott wrote.
Interestingly, Scott says that Senate Bill 18 was “hypocritical and out of step with other initiatives that have passed into law recently and over time”, contradicting his past support for Bill 86 and Bill 47.
Flavor bans are nothing new. Across the country, concerned legislators and campaign groups stand firm against vaping, including the U.S. Supreme Court recently rejecting a flavor ban appeal in California. Then again, there has been plenty of pushback against flavor bans, including the State Senate squashing a vape flavor ban in Ohio.
At the end of his letter, Scott wrote, “I’ve found people lose faith in government when policies have these types of inconsistences, because they contradict common sense.”
Truth Initiative, one of the most prominent anti-vape campaign groups, would argue that Scott’s decision is not aligned with common sense knowledge about flavored e-liquids. A press release from February of this year shows that Truth Initiative supports local restrictions on flavored e-liquids6“Local restrictions on flavored tobacco and e-cigarette products,” truthinitiative.org. https://truthinitiative.org/research-resources/emerging-tobacco-products/local-restrictions-flavored-tobacco-and-e-cigarette, including menthol, mint, and tobacco flavors.
To dissolve Scott’s veto, two-thirds of the General Assembly need to agree that the veto is unjust. Speaking on behalf of Senate President Pro Tempore Phil Baruth, a representative said that the General Assembly “hasn’t yet made a decision”7P. D’Auria, “Citing ‘inconsistencies,’ Phil Scott vetoes flavored e-liquid and tobacco ban,” VTDigger, Apr. 03, 2024. https://vtdigger.org/2024/04/03/citing-inconsistencies-phil-scott-vetoes-flavored-e-liquid-and-tobacco-ban/ on whether to hold a vote.
Increasingly, various legal bodies are locked in a tug-of-war over vape legislation. In an attempt to protect the next generation from the harmful side effects of e-cigarettes, legislatures have to juggle ethical dilemmas with the public’s right to autonomy. By sidestepping his 2019 decision and instead siding with Big Tobacco, Scott has endorsed the latter.
