The Massachusetts Association of Health Boards (MAHB) has disseminated a model nicotine regulation policy that it is recommending be adopted by all boards of health in Massachusetts. The policy makes it illegal for anyone in the state to possess a flavored electronic cigarette.
Existing state law prohibits the sale of flavored tobacco products but it does not prohibit people from using these products. For example, although youth cannot be sold flavored e-cigarettes, they are not punished (i.e., fined) if they take a hit from one. Many adults use flavored e-cigarettes to keep off of real cigarettes, and although flavored products can't legally be sold in the state, an adult is not punished if they are caught vaping a non-tobacco-flavored vape.
The model policy being promoted by MAHB calls for changing the law so that not only is the sale of flavored e-cigarettes banned, but the use of these products would be prohibited as well. The law prohibits any person from "possessing, holding, or keeping" a flavored e-cigarette. This of course means that you are not allowed to use an e-cigarette because you have to hold it to use it! (You would be prohibited from using it anyway because if you're vaping, then you obviously are "possessing" it).
The specific language of the model policy reads as follows (the revised text is shown in bold): "No retailer or person, as defined herein, shall possess, hold, keep, sell or distribute or cause to be possessed, held, kept, sold or distributed any flavored tobacco product, as defined herein, or any flavored tobacco product enhancer, as defined herein, (NOTE: If the municipality permits smoking bars add this phrase [except in smoking bars for on-site consumption only])."
Technically, this also makes it illegal to even hand over a flavored e-cigarette to someone because you are then "causing it to be possessed."
The Rest of the Story
I hope that local boards of health have enough sense not to implement this recommended policy. It has long been the philosophy in tobacco control that you don't punish the users of tobacco products but focus on the sellers who violate the law. Moreover, why would you punish people who are trying to save their lives through the use of flavored vaping products?
I don't know what the MAHB is trying to do here but it certainly has the appearance of wanting to punish smokers for making the wise health decision to switch to electronic cigarettes. Passage of such an ordinance would mean that every person who uses anything other than a tobacco-flavored e-cigarette would be violating the law. Ironically, smoking a Marlboro Red would be perfectly legal.
This proposed ordinance also recommends that nicotine pouches either be restricted to less than 6mg of nicotine or that their sale be restricted to adult-only tobacco shops. There is no scientific rationale for setting the level at 6mg and doing so could potentially make the products less effective in getting smokers to quit. Moreover, banning the sale of nicotine pouches at convenience stores but allowing deadly cigarettes to be sold makes no sense.
What is the motivation behind wanting to make sure that it is as easy as pie for any youth or adult for that matter to obtain deadly tobacco cigarettes at your nearest gas station or convenience store but restricting much safer nicotine pouches (no tobacco, no combustion) to select stores? Requiring all nicotine products to be sold in adult-only "tobacco" shops would be consistent with public health but why do such a favor for cigarette manufacturers at the expense of people's health and lives?