AG pushes rules to ban sale of e-cigarettes to minors
Electronic devices used to deliver hits of nicotine would be treated like cigarettes under regulations proposed Tuesday by Attorney General Maura Healey that would ban free samples and restrict sales to people at least 18 years old.
"These regulations make it clear that in Massachusetts an e-cigarette is a cigarette when it comes to protecting our kids," Healey said at a State House press conference, announcing the proposed new consumer protection regulations. Criticizing the fruity and minty flavors of nicotine infused liquids that are used in e-cigarettes, along with colorful packaging that can accompany products, Healey said the industry has taken "a page out of the playbook of big tobacco companies from years ago."
Healey's regulations would also require child-resistant packaging on the nicotine liquids, which can be poisonous, and require the products to be kept behind the counter at stores. The proposed regulations were filed with the Secretary of State's office Friday. A public comment period will run through April 24 and the attorney general's office will hold a public hearing on April 23. Healey expects to file final regulations in the spring.
"We still have work to do. We will continue to fight for an e-cigarette smoking ban in public places, in the workplace and near schools," said Senate Majority Leader Harriette Chandler, a Worcester Democrat.
Gov. Charlie Baker said he generally supports Healey's effort.
"I'd like to read the regulations, but conceptually I think that's a good idea," Baker said.
Jennifer Borucki, a 40-year-old electronic cigarettes consumer advocate from Arlington, said the fruity flavors appeal to adults' tastes and the electronic cigarette groups she is associated with support some restrictions on the products.
"We support age-restriction. We support child safety caps on all e-liquid," Borucki told reporters. She said she had smoked for 27 years before quitting and switching to e-cigarettes four years ago. Concerned that regulations will push e-cigarettes closer to the steep taxes imposed on tobacco products, she said, "They want to tax this product that we quit with in order to recoup that money."
Healey said she would leave decisions on taxation to others, and said e-cigarettes currently exist in a "nether world" unregulated by the Food and Drug Administration. The FDA has begun the regulatory process, and Borucki said she has seen "very promising" research from the FDA though she is concerned time-consuming burdens will be imposed on products.
"We need to be forward thinking and consider how we plan to regulate all future tobacco products given the ingenuity of the tobacco industry so that we don't find ourselves in the same situation where we're playing catchup games with the tobacco companies," said Rep. Jeffrey Sanchez, a Jamaica Plain Democrat and co-chair of the Health Care Financing Committee, who has filed bills with Chandler to regulate electronic cigarettes.
The regulations would permit Internet sales of electronic cigarette products, according to officials from the attorney general's office, who said online customers would need to prove they are of age.
Healey said regulating Internet sales is "harder as a matter of enforcement" than brick-and-mortar stores.
Retailers Association of Massachusetts President Jon Hurst said he supports the regulations because "statewide" retail policies are preferable to a "crazy quilt" of rules. He said some of his organization's members do sell the products. According to the Massachusetts Municipal Association, 152 cities and towns covering 63 percent of the population, including Boston, have local ordinances restricting the sale of e-cigarettes to minors.
Borucki carried with her an electronic device that she said contained strawberry-watermelon flavored liquid, and she said even when there are not bans on its use she is polite about where she uses the vaporizer.
The proposal also removes a section of regulation governing advertisements of tobacco products that a Healey spokesman said has been either pre-empted by federal regulations or determined by the courts to run afoul of the First Amendment.
During her Democratic primary campaign, Healey differed from her opponent Warren Tolman on the ability of the attorney general's office to change policy through its consumer protection regulation authority. Healey argued that the AG's office didn't have the authority to carry out a Tolman proposal to require fingerprint locks on guns through regulation.
Healey noted that the existing regulations already govern cigarette sales. Her proposal would generally apply those same requirements to e-cigarettes, and she said her proposal is "squarely within" the office's consumer protection authority.
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