I had the pleasure yesterday of testifying before the Rhode Island Senate Finance Committee on bill S543, introduced by Senator DiPalma, which would create an exemption in the state's current an on the sale of flavored e-cigarettes to allow the sale of these products at adult-only (21+) vape shops. Here is my written testimony:
Written Testimony of Michael Siegel, MD, MPH on Bill S543
Allowing Vape Shops to Sell Flavored E-Cigarettes
Professor, Tufts University School of
Medicine
March 30, 2025
Dear Members of the Senate Finance Committee:
I am a physician and a professor in the Department of Public Health and Community
Medicine at the Tufts University School of Medicine. For the past 35 years, I
have been a tobacco control researcher and anti-tobacco advocate. I played a
major role in lobbying across the United States for 100% smoke-free bar and
restaurant regulations. In fact, as a student at Brown University, I wrote and
lobbied for the first smoke-free workplace law in Rhode Island, which the
legislature enacted in 1986. I have also testified as an expert witness for
plaintiffs in eight different lawsuits against the tobacco industry, including
the infamous Engle case which resulted in an unprecedented $145 billion verdict
against the cigarette companies. I have published nearly 100 peer-reviewed
journal articles relating to smoking and tobacco use. In short, I am a
long-time, committed anti-tobacco researcher and advocate.
Today, I want to call your attention to one particular age group of Rhode
Island residents who are using flavored e-cigarettes in record numbers. In
fact, the use of flavored e-cigarettes and vaping products is running rampant
among this age group throughout the country. A recent survey of this age group
revealed that 71% of those who vape prefer flavored e-cigarettes, including 61%
who use fruit, candy, sweets, chocolate, clove, spice, herb, or alcohol flavors.[1]
I estimate that approximately 50,000 Rhode Island residents in this age
group were using flavored e-cigarettes prior to the ban which went into
effect on January 1 of this year.[2]
If you think we’re talking about teenagers, think again. The study in
question was a survey of adult vapers in the United States; specifically, adult
ex-smokers who had quit successfully using e-cigarettes and who are currently
relying upon these products to keep them from returning to cigarette smoking.
National estimates suggest that there are at least 5 million adult vapers
who rely upon e-cigarettes to keep themselves off highly addictive and deadly
tobacco-burning cigarettes.[3]
And most of these former smokers are reliant upon flavored e-liquids, because
the whole point of vaping for adult smokers is to get away from the taste of,
and dependence on tobacco.
It is true, of course, that a worrisome proportion of youths are vaping, and
most of them — like their adult counterparts — enjoy flavored, as opposed to
tobacco-tasting, e-liquids.
But even more worrisome is that in an effort to address the problem of youth
vaping, the state legislature has thrown the state’s former smokers who rely
upon e-cigarettes to keep them off real cigarettes under the bus by banning the
sale of practically all e-cigarettes while allowing the real cigarettes to
remain on store shelves.
Here’s the problem: While youth vaping, and especially the use of flavored
products, is a serious problem, the reality is that youth are not the only ones
who use these products. E-cigarettes are responsible for at least 5 million
former smokers having quit smoking completely. If these products remain off the
shelves in Rhode Island much longer, it will likely cause a large number of
them to return to smoking because it is now much easier for them to just pick
up a pack of Marlboros in Rhode Island than to continue purchasing the
e-cigarettes that were keeping them from returning to smoking.
A study published in the New England
Journal of Medicine found that e-cigarettes are twice as effective as the
nicotine patch in helping smokers quit completely.[4]
These products are truly a life-saver
for literally millions of former smokers. And most of these former smokers prefer flavored products. Research has
demonstrated that flavored e-cigarettes are much more effective than unflavored
(i.e., tobacco-flavored) e-cigarettes in helping smokers to quit.[5]
The law that went into effect on January 1 eliminated the sale of more than
95% of e-cigarettes. However, it allowed the sale of 100% of real cigarettes to
continue unabated. This means that it has now become much easier for both youth
and adults in Rhode Island to get access to a Marlboro than to a cherry vape. What possible justification is there for
eliminating the sale of fake cigarettes, but allowing the real ones to continue
to be sold?
Not only will this likely result in many former smokers going back to
smoking but it may also lead to many youth figuring out that it is much easier
for them to smoke than to try to track down an e-cigarette. In fact, several
recent studies have demonstrated that in states that banned flavored
e-cigarettes, youth smoking rates have actually increased compared to states
that still allow flavored e-cigarettes to be sold.[6]
The last thing in the world that we should be doing is to give tobacco
cigarettes, which kill more than 400,000 Americans each year, a competitive
advantage over fake (electronic) cigarettes, which contain no tobacco, involve
no combustion, are much safer than combustible cigarettes, and whose use has
not been implicated in a single death despite 15 years on the market.
My message to you today is that there
is simply no public health justification for banning electronic cigarettes but
allowing combustible tobacco cigarettes to remain. The law that went into
effect on January 1 is inconsistent with the protection of the public’s health
and has no public health justification. What possible justification can you
give for removing e-cigarettes from stores, but allowing those very same stores
to sell Marlboros and Camels, two of the most dangerous consumer products in
history?
If you really want to protect the public’s health and are sincere in wanting
to reduce tobacco-related disease and nicotine addiction, then there is an
option that is readily available: continue to restrict the sale of all flavored
nicotine-containing products at most stores but allow adults over the age of 21
to purchase flavored e-cigarettes at adult-only vape shops, which have a strong
track record of preventing youth access. This would allow vaping products to
compete with cigarettes on a level playing field, avoid the incentivization of
former smokers to return to smoking, and protect youth from easy access to
vaping products, all at the same time.
This is exactly what S543 would accomplish. I urge you to set an example for
states across the nation by allowing the sale of flavored e-cigarettes to
adults in 21-and over vape shops so that Rhode Island smokers will continue to
have access to a life-saving product that is helping tens of thousands of Ocean
Staters to remain off deadly tobacco cigarettes.
[1] Leventhal AM, Dai
H. Prevalence of flavored e-cigarette use among subpopulations of adults in the
United States. Journal of the National Cancer Institute
2020;113(4):418-424. https://doi.org/10.1093/jnci/djaa118.
[3] My calculations
based on data from the National Health Interview Survey, 2023.
[5] Li L, Borland R,
Cummings KM, et al. How does the use of flavored nicotine vaping products
relate to progression toward quitting smoking? Findings from the 2016 and 2018
ITC 4CV surveys. Nicotine & Tobacco Research 2021;23(9):1490-1497. https://doi.org/10.1093/ntr/ntab033.