Committee hears testimony on S.198 to tighten retail controls and curb youth vaping

The Vermont House Committee on Commerce & Economic Development on April 9 heard hours of testimony on S.198, a bill that seeks tighter retail regulation of flavored and high‑nicotine vaping products, steps to curb online sales to minors and removal of criminal penalties for youth possession and use.

Supporters told lawmakers the bill addresses a rapidly changing market of novelty devices, nicotine pouches and imported disposable vapes that they say are heavily marketed to young people and can contain very high nicotine levels. Jill of the Coalition for Tobacco‑Free Vermont, speaking to the committee, said public‑health work has been reactive: "We've been playing in the public health arena. We've been playing a game of whack a mole," and warned that tobacco‑related health care costs in Vermont are substantial.

Why it matters: witnesses and data presented to the committee emphasized youth exposure and easy retail access. Andrea Belanti, a professor and director of the Institute for Nicotine and Tobacco Studies, summarized PACE Vermont survey results and told the committee that in her recent convenience sample "60 percent" of respondents reported it would be "sort of easy or very easy" to obtain tobacco products. She said young people report daily or weekly exposure to promotions online and in stores and that retail displays and price promotions help normalize use.

What advocates said: Jill told the committee S.198 includes language to cover new nicotine analogs that are positioned as "nicotine‑free" but carry addictive properties; she also demonstrated weak online age checks, saying she visited a vendor site that simply asks "Are you 21?" and allows a yes/no response. Evan Lequin of the Burlington Partnership for a Healthy Community summarized retail audits documenting new disposable brands and flavored displays and flagged several pouch brands appearing in local stores that are unauthorized for sale.

Voices from schools and prevention: Matt Vignet, a student‑assistance professional at Champlain Valley Union (CVU), described students' widespread access to nicotine pouches and vapes and argued the problem is supply, not just punishment: "Nicotine use is not a possession problem. It's an access problem," he told the committee while urging stronger retail and deceptive‑product rules and support for school‑level interventions. Amy Brewer, coordinator for the Franklin‑Grand Isle Tobacco Prevention Coalition, said county cigarette use fell sharply over two decades while vaping rose; she described local pilots to collect confiscated devices for safe disposal and estimated disposal costs of $3–$5 per device.

Policy tools and enforcement discussed: witnesses urged restoring or funding online compliance investigators, tightening retail compliance standards, authorizing enforcement against companies that market to youth and keeping industry‑shifting products ("whack‑a‑mole" brands) within statutory reach. Panelists noted state agencies (DLL, the attorney general's office and the Department of Health) have taken enforcement actions but said online sales and rapidly changing brand names complicate enforcement. Andrea Belanti and others noted many disposable and pouch products are not FDA‑authorized and that enforcement capacity at the federal level is uneven.

What S.198 would do: supporters described the bill as a package to (1) expand retail controls over product display and sale, (2) close loopholes on analog nicotine products, (3) address online sales compliance and (4) remove penalties for youth possession while increasing penalties for fraudulent purchases (fake IDs). Several witnesses urged adding written or funded cessation or restorative supports in schools when young people are found with products; committee members asked about existing programs and sources of funding for school‑based services.

Next steps: committee members said Legislative Legal Office edits and LLO‑recommended changes will be incorporated, and the committee plans to take another look next week with the goal of moving revised language to the next stage of consideration.