Committee adopts amendment and hears public comment on heated-tobacco bill; carries measure over to next week

The Senate committee adopted an amendment and heard a public hearing Wednesday on HB 357, a bill that would define and tax a category of heated tobacco products differently from combustible cigarettes. After testimony for and against the bill, the committee voted to carry HB 357 over for further consideration next week.

Sponsor and amendment Representative Hollis presented HB 357 and said the measure addresses a new category of products — a heat-not-burn tobacco technology — and that sponsors drafted an amendment to define the products and preserve the existing cigarette tax master settlement structure. The committee chair noted the amendment arrived shortly before the meeting and moved to adopt it so the committee would have the proposed changes on file. A committee member asked for an explanation; the chair summarized, “It’s definitions. It’s primarily going in and discussing and defining particular products that are being proposed, giving greater clarity as to what they’re dealing with there.” The amendment was adopted by voice vote.

Public hearing: proponents and opponents The committee heard three primary public commenters during the allotted three minutes each:

- Ashley Lilerly, American Lung Association: Lilerly said the American Lung Association opposed the bill in its current form and urged that heated tobacco products be taxed at the same rate as cigarettes to keep them less attainable to youth. She described heated tobacco products as devices that use a tobacco stick heated to create an inhalable substance and said she was concerned about youth-targeted marketing, flavors, and affordability. “No tobacco product including these products are safe,” Lilerly said, and warned the bill could weaken state tobacco tax policy.

- Jack Jacobs, director of Southeast External Affairs, Philip Morris International: Jacobs said the measure and the adopted amendment capture a product category and that the company’s products have received U.S. Food and Drug Administration modified risk tobacco product (MRTP) authorization for specific items and that switching completely from combustible cigarettes to the company’s IQOS system exposes users to fewer harmful constituents. Jacobs said youth-access prevention is central to the company’s approach and offered to submit additional scientific materials to the committee before the next meeting.

- Jane Adams, government relations director, American Cancer Society Cancer Action Network: Adams testified the group opposed HB 357 as drafted and said there is no independent, peer-reviewed evidence showing heated tobacco products are safer than combustible cigarettes. She warned the bill could create a path for tobacco companies to seek repeated tax exemptions for new products and said such a move risks a repeat of past policy gaps that contributed to youth vaping.

Member comment and carryover After hearing public comment, the committee moved to carry HB 357 over until next week. The chair said the amendment had been adopted so that members would have the revised language to examine and to permit additional follow-up. The committee recorded the carryover by voice vote; the chair said, “Bills carried over. We’ll see this again next week.”

Ending The committee did not take final action on HB 357; sponsors and opponents were directed to submit additional material and the committee will reconsider the bill at a subsequent meeting.