Health advocates and state attorney general's office urge Vermont to block vapes that mimic toys and school supplies

At a House Human Services Committee hearing, health advocates and the attorney general's office urged lawmakers to tighten Vermont's rules on vaping products that are designed to appeal to children and to move enforcement and penalties away from young people and onto retailers.

Tina Zukun, government relations director for the American Heart Association, displayed flavored vaping devices that she said "are technically considered hazardous waste" because "they do have lithium batteries and they do have nicotine," and described multiple designs that imitate toys, video games and school supplies. She told the committee the bill's key aim—to ban products that look like toys or school items—would reduce youth exposure and addiction. "They're designed to target kids," Zukun said, arguing that penalties for possession should be replaced with options for cessation services so addicted youth will seek help rather than face fines.

Assistant Attorney General Rose Kennedy, who leads tobacco enforcement work at the Attorney General's Office, said federal regulation has left a gap in the marketplace because the Food and Drug Administration has authorized only a small number of e-cigarette and nicotine products. "Everything else that you see on Vermont shelves is technically illegal," Kennedy said, making the case for state-level tools to stop sales of stealth devices and for stronger authority to pursue online sellers.

Kennedy described practical enforcement proposals in S.198: giving the AGO authority to pursue producers and marketers of disguised devices, tightening online-sales language to require transactions among licensed wholesalers and retailers, decoupling tobacco and alcohol licensing so selling nicotine becomes a distinct, deliberate decision for a retailer, and reinstating a retail-level tax stamp for vape products so inspectors can verify tax compliance on store shelves. She said Vermont already assesses a 92% tax at the wholesale level but lacks a straightforward retail verification mechanism.

Witnesses and lawmakers also discussed removing penalties for youth possession (the PUP, or possession-use-penalty, laws) while keeping offenses for fake identification. Kennedy said her office does not object to eliminating possession fines and supports giving authorized adults the power to confiscate devices without imposing fines. Zukun and committee members urged that any statutory removal of fines be paired with readily available cessation resources for youth; Zukun pointed to text-based programs such as "My Life, My Quit" as youth-oriented options and recommended working with the health department to ensure services exist before shifting penalties.

Members pressed officials on enforcement capacity and outcomes. Committee members acknowledged high compliance rates on routine checks but noted that a 90% compliance figure still leaves dozens of noncompliant retailers statewide; they asked whether fines become merely a "cost of doing business" for repeat violators and whether online sellers located outside the state create enforcement obstacles. Kennedy said her office has used subpoenas and, in some cases, closed businesses, but that online sellers often provide vague contact information and can be hard to locate.

The committee also discussed whether to study nicotine concentration and differential taxation for high-strength products, following testimony that manufacturers are increasing nicotine concentrations. Kennedy said that element may be appropriate for study while urging immediate action on tax stamps and licensing to capture revenue and improve traceability.

The committee expects to hear additional testimony from the Vermont Department of Health, the Department of Liquor and Lottery (DLL) and the Vermont Retail Grocers Association before a scheduled markup next week. Lawmakers said they will continue to refine language on penalties, retailer accountability and implementation details such as tax-stamp logistics and cessation service availability.

No formal votes were taken during the hearing; members agreed to continue work on S.198 and to consider amendments at markup.