With 2022 underway, more than 20 Minnesota cities now have local ordinances restricting or banning the sale of flavored tobacco products, and the new year will likely see another run at adopting a statewide law.

Cities like Bloomington have added new regulations, including a ban on the sale of all flavored tobacco products, along with a sunset of new tobacco retail licenses.

Jeanne Weigum, president of the Association for Nonsmokers-Minnesota, said although the federal government is taking steps to crackdown on products such as menthol, there are many flavored items appealing to teens and young adults.

"You don't find some 50-year-old guy going out and buying 'Unicorn Juice' to vape," Weigum observed. "That's not the target audience."

She predicts even more action at the local level. Last month, St. Paul enacted higher tobacco prices and banned discounts. And advocates say they will once again ask legislators for a statewide flavored tobacco ban.

Apart from industry pushback, retailers have often opposed restrictions, arguing they hurt businesses and create dangerous underground markets.

Weigum countered Minnesota has enough legal protections to thwart illegal sales. She feels even with a groundswell of local laws, there is still opportunity to create more demand for a state ban on flavored tobacco.

"I guess the questions comes up, 'Are we at critical mass on these issues?' " Weigum stated. "And, I'd like to say we are, but there are many communities across the state where there have not been these discussions."

The Association noted other barriers in 2022 include a shorter session at the State Capitol, and an election year for state lawmakers. Growing calls for tighter restrictions follow the 2020 Minnesota Youth Tobacco Survey. The report's authors found an 80% increase in frequent vaping among respondents compared to 2017.

Kentucky will soon begin licensing retailers who sell nicotine, which advocates have said will help regulate an industry and protect minors from addictive chemicals.

Gov. Andy Beshear signed Senate Bill 100 into law earlier this week.

Griffin Nemeth, a student and coordinator for the iCANendthetrend Youth Advisory Board coordinator at the University of Kentucky, explained the legislation is no different from what's currently in place for retailers who sell alcohol.

"We're really just trying to make sure that tobacco and nicotine products are on par with what is already expected of some of these other establishments," Nemeth explained.

In a state where about 5% of high school students smoke and almost 20% use e-cigarettes, according to The Campaign for Tobacco-Free Kids, advocates said the new regulations are a welcome effort to curb tobacco use among minors. Data show smoking costs the state more than $2 billion every year.

Under the new law, Kentucky will license all retailers who sell tobacco and vape products, empowering the Department of Alcoholic Beverage Control to inspect and enforce rules for the businesses. Nemeth argued licensing is a strong tool to protect youth at the point of sale.

"We're now starting to see an increase in use of alternative nicotine products, like oral nicotine pouches, and we're still seeing pretty significant use of vapes and e-cigarettes," Nemeth observed.

The new law will also fine retailers who sell nicotine products to minors, and give half the money collected to a youth prevention program.

This story is based on original reporting by Sarah Ladd for the Kentucky Lantern.

Nebraska needs to do better when it comes to tobacco use prevention and cessation, according to a newly released report.

In the American Lung Association's 2024 State of Tobacco Control report, Nebraska received an "F" in three of the five areas rated. One is for tobacco prevention and cessation funding.

Michael Seilback, national assistant vice president for state public policy for the American Lung Association, said Nebraska is spending vastly less than what the Centers for Disease Control and Prevention recommends.

"The fact is that the state is taking in these dollars, and we're saying, reinvest just some of them," Seilback explained. "You can easily meet CDC best practices with tens of millions of dollars to spare."

The report showed Nebraska's tobacco-related revenue is nearly $98 million per year. However, for fiscal year 2024, state funding for tobacco control programs is less than $4 million.

On the bright side, the state received an "A" for smoke-free air.

Responding to the report, a spokesperson with the Public Information Office at the Nebraska Department of Health and Human Services pointed to the Nebraska Quitline. It has received more than 100,000 calls since 2000, with Quitline users six to 10 times more likely to still have quit after seven months than those who try to quit cold turkey. The Nebraska Quitline number is 1-800-784-8669, and 1-800-355-3569 for Spanish speakers. Web-based coaching and texting and free "quit medication starter kits" are also available.

The state also received an "F" for tobacco taxes. Seilback called the state's cigarette tax of 64 cents per pack extremely low and supports Gov. Jim Pillen's proposal to increase it by as much as $2 per pack. He added the American Lung Association always pushes for increased tobacco tax dollars to be used for prevention and control and helping people quit.

"To be clear, even if not one dollar was spent -- and we wouldn't encourage it -- on its own, just increasing the price has an impact on the amount of people that use it," Seilback pointed out. "Increasing that price would help prevent kids from starting."

Nebraska's third "F" is on flavored tobacco products, as a result of having no state laws or restrictions.

Seilback commended the state for participating in the multistate lawsuit against e-cigarette manufacturer, JUUL Labs, with the settlement money going to programs to curb addiction.


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Widespread vaping among young Kentuckians continues to be a public health concern - and some local communities are coming up with innovative ways to tackle the issue. A big win in the battle against nicotine came when the Commonwealth raised the age limit to purchase nicotine products to 21.

Lauren Carr, director of the Graves County Agency for Substance Abuse Policy and Prevention, said local shops are still selling vapes to kids. Her county is incentivizing business owners not to sell to minors.

"We reward the clerks that do not sell with a gift card," she said. "So we say, 'Hey, thank you for not selling to the kids. Because that is preventing it from getting into the schools.'"

Experts say tobacco retail licensing can help protect youth from the harmful effects of vaping and can also improve equity among low-income and communities of color, often targeted by the tobacco industry.

According to Kentucky Youth Advocates, about 35 states require retailers to hold a license to sell tobacco products, but Kentucky is not one of them.

Sydney Shafer, a high school student in Scott County, said after her grandfather passed away from lung cancer, she became passionate about raising awareness among state lawmakers about the harms of vaping.

"Big vape companies are targeting younger audiences with fun flavors, like cotton candy and coffee," she argued. "It's deceptive and manipulative, and I would just want to educate other people and let them know that vaping is not as safe as they think."

Bruce Crouch, drug prevention officer with the Youth Coalition Prevention Group at Taylor County High School, said his school district recently received an opioid settlement grant from the state to expand drug prevention work.

"We actually started with our intermediate school, with fourth-graders," Crouch reported. "And we introduced a program, the 'Too Good for Drugs' program. So, they are actually getting that early education about the dangers of nicotine use."

Research from the CDC and FDA finds more than 2.5 million middle and high school students nationwide reported e-cigarette use in 2022. Nearly 85% of youth who vape used flavored e-cigarettes, and more than half used disposable e-cigarettes.


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