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Panel approves bill carving out 'heated tobacco' category and removing excise tax

Florida House Subcommittee · February 5, 2026

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Summary

HB 377 reclassifies 'heated tobacco products' and removes the excise tax on them, a move sponsors described as harm‑reduction to encourage smokers to shift from combustible cigarettes; public‑health concerns about nicotine and FDA approval were raised during debate.

Representative Tremont introduced HB 377 to define heated tobacco products and create a corresponding category for regulatory and tax purposes. The sponsor framed the change as harm reduction, arguing when tobacco is heated rather than combusted it produces far fewer carcinogens and thus the change could incentivize smokers to switch and reduce cancer risk.

Members questioned whether heated tobacco contains nicotine, whether the bill creates a special tax exemption and whether the FDA has approved these products for smoking cessation. The sponsor acknowledged the products are not harmless and said they contain nicotine, argued some FDA authorizations exist for modified‑risk products, and emphasized the goal is to provide incentives for smokers to move away from combustible cigarettes.

Public testimony included the American Heart Association opposing the bill and industry groups supporting it (James Madison Institute, Florida Restaurant & Lodging Association, Florida Petroleum Marketers Association and Florida Retail Federation). Committee debate reflected a split: some members cited personal family experience supporting incentives, while others stressed health risks and the absence of definitive FDA approval for cessation.

The subcommittee voted to report the bill favorably.