A joint public health committee of the Massachusetts State House and Senate recently heard testimony about two proposed bills that could, if passed, help create a nicotine-free generation.
As WBZ News Radio in Boston reported, the bills — H.2562 and S.1568 — propose the creation of a slow-moving ban on vaping and other tobacco products. The state would raise the legal age to purchase tobacco products, including vapes and vape cartridges, by one year each year. Over time, nicotine product sales would be fully outlawed.
The bills would make it illegal to sell nicotine to anyone born on or after January 1, 2006, for their lifetime, allowing some adults to legally buy vapes and other tobacco products for their lifetimes, while others would not be permitted to do so.
The idea, in effect, is that the law would not pull the rug out from under those who are already heavy users but would deter those who are not yet users of nicotine products from having the kind of easy-access neighborhood exposure that could lead them to becoming addicted.
In a press release issued by the tobacco control group Action on Smoking and Health, the proposal and regulations over the past few years make this "a landmark moment in Massachusetts' impressive history of being deeply committed to public health," according to Laurent Huber, executive director of ASH.
"By creating a generational firewall, we can ensure that future generations grow up free from the dangers of nicotine-related illnesses," Huber said.
Vape-supporting site Vaping360 noted complaints about the proposal, making the case that it would be strange that "a 19-year-old born on Dec. 31, 2005, would always be able to legally buy vaping products in Massachusetts, but a 19-year-old born a day later, on Jan. 1, 2006, would always be prohibited from buying the same products –– even when both are 60 years old."
The arbitrary cutoff likely comes from trying to find a solution that does not suddenly make a product illegal for people who have already been using it while banning it for those who are currently 19 or younger, though any form of ban is bound to draw out similar opposition. WBZ quoted one area resident named Derek as being concerned that "people are going to make their purchases out of town … and while they're out of town, they're going to buy gas … they're going to buy food."
Some others the radio station spoke to were supportive. "I'm cool with it; I think smoking is terrible and I have three little boys," said one, named Terri. "I'd like to see a time when they grow up where cigarettes aren't a part of their daily life."
Most people understand the health risks associated with using tobacco and vaping, but many people do not understand the negative effects it has on the planet.
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Cigarette butts are one of the most prevalent and poisonous types of litter. They leach toxic substances into the soil, such as arsenic and lead, and also contaminate the oceans.
But vaping is also harmful to the environment. Disposable vaping devices, when discarded –– often improperly –– are a significant source of waste and pollution. Vaping waste ends up in landfills or littering the ground instead of being recycled properly.
This is a concern because they are often made of plastic and contain lithium-ion batteries that take hundreds of years to break down. The batteries also pose a fire hazard.
Vaping360 suggested that the proposed bills in Massachusetts would not work.
"It will lead to spotty enforcement, unregulated black markets, crime, and a lack of respect for law in general," the publication said. "Plus, enforcing … would be a nightmare," though the outlet did not explain how enforcing it would be different than enforcing any current laws based on date of birth to purchase a product.
Despite the criticism, tobacco and vape bans are gaining support given the significant health and environmental concerns — and even more so when tobacco products' secondhand smoke concerns make them stand out beyond other substances of abuse. If the law were to pass and withstand legal challenges, the idea could spread quickly to other states.
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