The discrepancies between the two versions of the measure will now be worked out in the Senate. Governor Phil Scott's desk will probably get the measure shortly, either for a signature into law or a veto. The taste restriction will go into effect on January 1, 2026, if it passes into law.
A call to action for bill S 18 was released in April 2023 by the Consumer Advocates for Smoke-free Alternatives Association (CASAA), asking people in the state to get in touch with their politicians and request that they reject the measure. The amended call to action is to veto the law, as proposed by Gov. Scott. Vermonters may also call (802) 828-3333 to reach the governor's office.
"Unlike the PMTA registry bills currently affecting vapers in over 20 states, the Vermont bill fails to provide exemptions for products approved by the FDA."
Republican governor Scott has voiced some worry about the state's potential loss of tax income in the event that menthol cigarettes are outlawed. According to NBC5, Scott said last week, "We're talking about millions of millions of dollars, so if it's $15 million we're going to lose by putting the restriction in place, I think we better reflect on that."
Should the Vermont measure pass into law, it would be illegal to sell any flavored consumer nicotine products, such as menthol cigarettes, nicotine pouches, smokeless tobacco, and flavored vapes. Additionally, it will outlaw the selling of any nicotine product—flavored or not—online. The Vermont measure does not include exclusions for FDA-approved goods, in contrast to the PMTA registry laws that are now posing a danger to vapers in more than 20 states.
Flavored vapes are now prohibited in five states: Massachusetts, California, New Jersey, New York, & Rhode Island. The legislation in California does not prohibit the selling of flavored vapes online. The only two states that have outlawed menthol cigarettes so far are California and Massachusetts.
Currently, Vermont has the highest wholesale tax rate in the nation, at 92 percent, on vaping items. Whether a product contains nicotine or not, it is subject to the tax.
