Ban flavored tobacco in NH?

Gov. Charlie Baker of Massachusetts recently signed into law the nation’s broadest ban of flavored tobacco. It makes Massachusetts the first state to completely ban these products, including menthol flavored cigarettes and vaping products. The full ban takes effect on June 1, 2020. 

The New Hampshire legislature is considering a ban on flavored e-cigarettes, but legislative activity is on hold during the stay-at-home order. 

Purpose of the law 

Massachusetts’ law follows reports that some have suffered lung injuries after inhaling flavored vape products. On September 24, 2019, Gov. Baker declared a public health emergency and temporarily banned all vaping products in that state. Still, the broader intention of the legislation is to eliminate flavors that make tobacco more palatable to young people. Legislators in Massachusetts believe that, long term, the new law will cause smoking rates—both traditional and vaping—to decrease in their state.  

The impact on New Hampshire 

After the initial ban on vaping products was put into place, surrounding states including New Hampshire saw a big increase in sales—no doubt from Massachusetts smokers coming over the border. This new law could lead to a similar increase in sales of flavored tobacco more broadly. Some have even speculated the law will lead to a run on New Hampshire stores as smokers attempt to stock up. Needless to say, the timing on this is far from ideal, given the COVID-19 pandemic. 

Right for the Granite State? 

New Hampshire has also taken bold action when it comes to cracking down on smoking in recent years. As of this year, you must be 19 years old to purchase tobacco in the state, and there have been moves in the Legislature to raise that minimum all the way up to 21 years old.  

As for whether a ban on flavored tobacco would make sense here, some feel it would. For one, it would give more teeth to Massachusetts ban, preventing people in one state from easily crossing the border into the other to buy flavored smokes. The more states that join in the effort, the more effective it would become. It could help stem the rise of vaping among young people in the Granite State.  

In March the New Hampshire House passed a bill to ban flavored e-cigarettes and other vaping products, except for menthol flavor. The bill would also ban all flavors for anyone under age 21.  The New Hampshire Legislature has suspended activity during the stay-at-home order, so that bill is in limbo. 

Unintended consequences 

While the impact on the health of New Hampshire residents would almost certainly be a positive one, banning flavored tobacco products could disproportionately impact the disadvantaged. Police might use the flavor ban as an excuse to stop and frisk certain individuals, particularly people of color. According to the CDC, “African American adults have the highest percentage of menthol cigarette use compared to other racial and ethnic groups.”   

Others argue that, as the Live Free or Die state, we should ultimately allow each resident to decide whether or not to purchase flavored tobacco.