From vaping policy to T-21 legislation to a full flavor ban proposal, tobacco policy was anything but dull in 2019. With a new year upon us—and an election year nonetheless—the question is will these policies lose steam or gain momentum?

The answer is to be determined. For legislation to become law, it will have to pass the Republican-controlled Senate and the Democrat-controlled House, meaning it will have to be bipartisan. Even then, legislation must gain the necessary endorsement by congressional leadership to get on the calendar in a busy and likely contentious election year.

T-21

Following the youth vaping crisis and the manufacturers announcing their support for raising the minimum age to purchase tobacco to 21, legislation was introduced in both the House and Senate to do just that. In both chambers The Tobacco to 21 Act was introduced by Senators Brian Schatz (D-HI), Todd Young (R-IN), Dick Durbin (D-IL) and Mitt Romney (R-UT) in the Senate and by Representatives Dianna DeGette (D-CO), Chris Stewart (R-UT), Steve Cohen (D-TN), Jaime Herrera-Beutler (R-WA), Donald Payne (D-NJ), Bill Flores (R-TX) and Robert Wittman (R-VA)in the House.

In fact, Senate Majority Leader Mitch McConnell (R-KY) announced in spring 2019 that passing 21 legislation would be his top legislative priority. He and Senator Tim Kaine (D-VA) introduced the “Tobacco-Free Youth Act,” which requires states to pass individual laws raising the minimum purchase age to 21.

These bills are awaiting consideration by the House and Senate.

Excise Taxes

There is a push in Congress to tax e-cigarettes like traditional cigarettes. In the House, Representative Tom Suozzi (D-NY) introduced a bill, H.R. 4716, that would place an excise tax equal to the $1.01 federal levy per pack of cigarettes on tobacco alternatives. The congressional Joint Committee on Taxation estimates that the bill would net nearly $10 billion over the next 10 years. The Ways and Means Committee marked up the bill in October and passed it on a party line vote. The full House of Representatives is expected to consider the legislation at some point.

Senators Jeff Merkley (D-OR) and Romney introduced similar legislation in the Senate (S. 2519). Their bill includes other provisions like banning flavored e-cigarettes (except for the tobacco flavor) and requiring standard packaging on e-cigarettes.

Banning Flavors in Traditional Tobacco Products

Congressman Frank Pallone (D-NJ), the chairman of the House Energy & Commerce Committee, introduced “The Reversing the Youth Tobacco Epidemic Act of 2019” (H.R. 2339) that would direct a wide array of prohibitions and restrictions on tobacco products and their marketing and sales, including raising the tobacco buying age to 21. However, one of the most concerning sections of the bill is a full flavor ban of all tobacco products, including menthol cigarettes, flavored smokeless tobacco and flavored cigars.

Last November, the House Energy and Commerce Committee marked up and passed the bill out of committee. However, three Democrats and members of the Congressional Black Caucus voted against the bill because of the ban on menthol cigarettes. It now awaits consideration by the full House.

NACS opposes the proposed ban on menthol cigarettes, flavored smokeless tobacco and flavored cigars. Because there is such a strong existing marketplace for these products, they would undoubtedly reemerge on the black market where age isn’t verified and taxes aren’t collected.

2020 Odds

Most of the bills await congressional action. The 2020 legislative calendar is more limited, with weeks built in for the presidential election and campaigning back home. While tobacco policy is top of mind for many lawmakers, it will take significant support for these bills to pass both chambers and be signed into law this year.