Columbia Missourian | Sept 10, 2014
JEFFERSON CITY — This spring, both chambers of the Missouri legislature passed a bill making the sale of alternative nicotine products and vapors to minors illegal.
But several months later, the bill was vetoed by Gov. Jay Nixon and was being characterized as a “wolf in sheep’s clothing” by Jeff Harris, senior policy adviser to Nixon.
Senate Bill 841, which was sponsored by Sen. Jay Wasson, R-Nixa, would ban the sale of e-cigarettes and other vapor products to those under 18 and would also exempt the products from being taxed and regulated as tobacco products.
In a roundtable discussion last week in Columbia, Nixon said that the bill began with good intentions, but as the legislature participated in ongoing negotiations, the nature of the bill was changed.
“It may have started out with the purpose of preventing the sale of e-cigarettes to minors, but somewhere along the way, language was added to this bill that would exempt e-cigarettes from the same regulations and taxes as traditional cigarettes,” Nixon said.
Moreover, Harris said, the FDA has proposed rules that would ban the sale of e-cigarettes to minors on a federal scale.
The governor vetoed the bill, which passed with a 27-4 vote in the Senate and 127-19 vote in the House, in July. Both chambers originally approved the bill with the two-thirds majority needed to override Nixon’s veto.
E-cigarettes are meant to imitate traditional cigarettes. When the smoker puffs the e-cigarette, a battery heats up a nicotine-induced liquid solution that then vaporizes.
The U.S. Food and Drug Administration notes that since e-cigarettes have not been fully studied, consumers do not know the products’ potential risks and benefits, nor exactly how much nicotine is being inhaled.
Folks like Alex Brousse, assistant manager at Aqueous Vapor in Columbia, find some value in the legislation.
“Agree to disagree, you know?” Brousse said. “They haven’t necessarily proven that e-cigs are harmful. … It’s kind of a no-brainer in a sense that you can choose the route that you know will cause cancer, or you can choose the route that probably won’t.”
Brousse wasn’t entirely opposed to regulations and taxes on e-cigarettes, despite his commitment to them. Regarding extra taxation, he shrugged it off, explaining that “we might have to drop our prices down a little bit to stay reasonable, but besides that I don’t think it’ll be too much of an issue. We’ve all kind of seen it coming for a while now.”
Brousse acknowledged that greater transparency in packing labels on e-liquids would be beneficial, but he dismissed the value of other regulations regarding the distribution and manufacturing of e-cigarettes and other vapor devices.
“E-cigs and the technology develop just like phones. Every month, every week, there’s something new coming out. If they pass regulations that are strict enough, it could probably stop or slow down the development of electronic cigarettes,” Brousse said.
Ultimately, the fate of the e-cigarette in Missouri lies in the hands of the state legislature. The veto session begins at noon Wednesday in the Missouri Senate.