NEWS

Ban on flavored vaping products begins in R.I.

Sale and distribution is halted for four months so state can plan next move

Mark Reynolds
mreynold@providencejournal.com
Raimondo

A new state regulation banning the sale of flavored e-cigarettes took effect Friday afternoon on the strength of an executive order issued by Gov. Gina Raimondo.

Raimondo issued the order last week in response to what has been characterized as a public-health crisis affecting young people using e-cigarettes and other vaping products.

The emergency regulation makes it illegal to manufacture, distribute or sell flavored electronic nicotine-delivery products in Rhode Island for the next four months. Such products include flavored electronic versions of cigars, cigarillos and hookahs.

“I’m deeply concerned about the rapid increase and effects of e-cigarette use among youth,” Raimondo said. “That’s why in Rhode Island we’re taking action to ensure that companies can no longer market these products with colorful packaging and candy-based flavors.”

“This is a public-health crisis, and the regulations announced today will help to protect our kids’ health,” the governor said.

Under the emergency regulation established by the Rhode Island Department of Health, selling the embargoed products online in Rhode Island is not permitted, and neither is shipping the banned products to customers in Rhode Island from out of state, said a Department of Health spokeswoman, Annmarie Beardsworth.

Beardsworth acknowledged Friday that the state faces a challenge in its effort to stop people from purchasing flavored vaping products from an out-of-state supplier.

“We are aware that can be a challenge with the online businesses, and that’s part of what we are looking at as we go forward with this,” she said.

New controls on the vaping industry in Massachusetts may not provide much help. There, authorities recently clarified that under the commonwealth’s four-month ban on all vaping products, Massachusetts retailers are free to sell vaping products to customers in other states.

Rhode Island intends to enforce the new regulation in several different ways, according to Beardsworth.

On the licensing front, suppliers of vaping products have an incentive to abide by the ban, she said. Out-of-state suppliers, she said, can continue selling other types of vaping products not subject to Rhode Island’s ban if they keep their licenses in good standing.

The licenses, which all suppliers need to distribute in Rhode Island, come up for renewal in January, she said.

At that time, license holders will be required to “self-certify” that they do not distribute any flavored vaping products to consumers in Rhode Island. Flavors that have enticed Rhode Island's young people into nicotine addiction include cotton candy and mango.

Beyond the licensing piece, the state will rely on inspectors and the police to enforce the ban, Beardsworth said, adding that authorities will investigate tips provided by the public.

Alleged violations will be handled on a case-by-case basis, as part of an administrative process that can lead to fines or license revocations, she said.

After 120 days, the emergency regulation can be extended for 60 days. After that, the health department can follow the standard process for non-emergency regulations.

Beardsworth said the emergency ban gives Rhode Island time to consider its next move and to learn more about the situation.

The U.S. Centers for Disease Control & Prevention have launched an investigation.

Asked if the department would seek legislation, Beardsworth said: “It would be premature to say what our final, ultimate intention is.”