Vermont Governor Phil Scott has vetoed Senate Bill 18, taking a principled stance against the state Legislature’s misguided attempt to ban flavored tobacco products.

Senate Bill 18 would have banned the retail sale of flavored cigarettes, e-cigarettes, and e-liquids. The bill cites increasing rates of youth tobacco use due to the growing prevalence of e-cigarettes and increased rates of menthol use in Black communities as two of the driving reasons for the proposed ban.

Tobacco use is not advantageous for anyone’s health, no matter their age or race, and should not be promoted. But a ban on the sale of flavored tobacco products would not lead to the betterment of these groups’ health. History has shown time and time again that bans on substances do not work -- and they actually lead to greater harm than the substances alone.

Governor Scott perfectly summarized the issues with this bill and flavored tobacco bans in general, writing in his veto message, “I too feel we have an obligation to protect our children, but it must be balanced in such a way that we honor the rights and freedoms of adults to make decisions about their individual lives.”

Not only is Governor Scott’s veto in line with the need to protect personal freedoms and the rights of consumers, it also follows the research on tobacco bans that have been implemented in other states. 

Massachusetts became the first state to ban the sale of menthol cigarettes in 2020. A JAMA Internal Medicine study published in 2023 found that despite the implementation of the menthol ban, the prevalence of smoking among Black adults in Massachusetts increased from 2017 to 2021. A Reason Foundation study published in 2023 found that the sale of menthol cigarettes increased in surrounding states as Massachusetts residents traveled across state lines to stockpile menthol products for their own personal use or to redistribute on the black market.

The failure in Massachusetts has not dissuaded other state lawmakers from making the same mistakes. California, New Jersey, New York, and Rhode Island have also passed legislation prohibiting the sale of some or all flavored tobacco products.

Despite the abysmal results in Massachusetts, the United States Food and Drug Administration (FDA) is set to place a nationwide ban on flavored tobacco products, including menthol products. The FDA’s reasoning for the ban on these substances is eerily similar to the Vermont Legislature’s and represents a national trend towards advocating for abstinence -- the rate of tobacco usage amongst minors and Black communities is too high.

However valiant the FDA’s efforts may seem -- because, let’s face it, smoking isn’t good for anyone -- they are severely misguided.

Bans on substances do not stop individuals from consuming those substances. After the bans are put in place, consumers will still seek out the products. But instead of purchasing products that have been regulated and meet health and safety standards, consumers get products that have come from the black market. Sometimes consumers buy these black-market products knowingly. But many times, consumers are entirely unaware of the dangers of the products they are purchasing.

Take the FDA’s attack on disposable e-cigarettes for example.

The FDA has not approved any disposable e-cigarette products and has continually warned retailers against selling these products. Yet, if you go to any corner store in America you are likely to find a plethora of disposable nicotine products for purchase. These products have come into the United States illegally. But most, if not almost all, consumers are not aware of this -- and these black market vapes have led to an uptick in illnesses.

The Vermont Legislature was at risk of following this same path.

Advocates for the ban are pushing the Legislature to seek an override of the governor’s veto, but it is unlikely that their attempts will prove to be successful.

Governor Scott is right in his decision to veto a ban on flavored tobacco products, and his ability to stand up to legislatures and administrative agencies that overexert their power should be followed by other executive leaders.

Sofia Hamilton is a Policy Analyst at a DC area policy organization and a Social Mobility Fellow with Young Voices. Her work has appeared in publications such as the Washington Examiner, Reason Magazine, and the Orange County Register.

Image: Pexels, Dede Avez