On the surface, the bill looks simple enough — prohibit those under age 18 from
purchasing alternative nicotine products such as electronic
cigarettes.Anti-smoking advocates say that below the surface of House Bill 144
is a tobacco-industry-crafted “Trojan horse” designed to ensure that the
emerging CE4
electronic-cigarette market and other alternative nicotine products remain taxed
at a lower rate than traditional cigarettes and stay outside the state’s indoor
smoking ban.
“What they’re trying to do is carve out a new definition
that will muddy the waters for many other tobacco products now, and new and
emerging products that we don’t know about yet,” Stephens said. The bill was
brought to Rep. Stephanie Kunze, R-Hilliard, by Lorillard Tobacco Co., the
nation’s third-largest cigarette manufacturer, which also purchased e-cigarette
company Blu in July 2012. Ohio’s current tobacco laws do not cover
e-cigarettes.
“We set about closing this loophole in Ohio and other
states as Lorillard strongly believes that electronic cigarettes are for adult
recreational use only,” Kurt Leib, Midwest representative for the company, told
lawmakers in May.E-cigarettes look similar to cigarettes, but when the user
inhales, the device heats up nicotine-infused liquid inside, releasing a vapor
that is inhaled and then exhaled. The vapor is largely odorless, and the
cigarettes come in a variety of flavors, including chocolate, cotton candy and
Dr Pepper.ff5DF45s
Boston University researchers have concluded that
“few, if any, chemicals at levels detected in electronic cigarettes raise
serious health concerns.” Researchers also found that the products may help
smokers stop using regular cigarettes.Lincoln Chafee last week vetoed a similar,
but somewhat more-restrictive bill, calling it “counterproductive to prohibit
sales to children while simultaneously exempting electronic cigarettes from laws
concerning regulation, enforcement, licensing or taxation.”
Other states
passed EGO
CE4 e-cigarette access bills before the American Cancer Society
became aware of the national push. Stephens and Kiser said they have proposed a
simpler way to block the sale of e-cigarettes to minors without creating a new
category of alternative nicotine products.Kunze, pointing to a recent legal
opinion from the non-partisan Legislative Service Commission, argues that the
bill does not change the current tax status of e-cigarettes, and that nothing
would stop advocates from pushing for a higher tax rate in the
future.
Cathy Callaway, associate director of state and local campaigns
for the American Cancer Society’s Cancer Action Network, agrees, but she said
the bill sets the stage for treating e-cigarettes differently from other tobacco
products.Asked if e-cigarettes should be taxed the same as regular cigarettes,
Kunze said: “I don’t think there is enough information yet.
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