R Street Testimony in Support of RI S 543, Permitting the Sale of Flavored Nicotine Products in Vape Stores

Testimony from:
Jeffrey S. Smith, Senior Fellow, Integrated Harm Reduction, R Street Institute

Testimony in Support of RI S 543, a bill to modify the Rhode Island Flavor Ban to Allow Flavored Electronic Nicotine Delivery Systems to be Sold in Vape Shops.

April 1, 2025

Rhode Island Senate Committee on Finance

Chairman DiPalma and members of the committee,

My name is Jeff Smith, and I am a senior fellow on the Integrated Harm Reduction team at the R Street Institute. The R Street Institute is a nonprofit, nonpartisan public policy research organization. Our mission is to engage in policy research and outreach to promote free markets and limited, effective government in many areas. Our efforts to promote tobacco harm reduction are why we have a particular interest in supporting S 543. The R Street Institute has long-standing concerns about the health-related consequences of inhaling combustible cigarettes and has been a staunch advocate for limiting the sale of nicotine-related products to those who are 21 years of age and older. We strongly support varied pathways for quitting smoking which include access to a wide array of alternative, reduced-risk, nicotine products including Electronic Nicotine Delivery Systems (ENDS), Heated Tobacco Systems (HnB), and Oral Tobacco and Nicotine Products (Snus).

As many have previously pointed out, the initial flavor ban passed by the Rhode Island legislature had the potential to elicit several negative outcomes.^[1] As anticipated, it led to adverse effects, particularly for individuals who used flavored ENDS products. Many either sought products from out of state or returned to smoking.^[2] Additionally, small businesses that sold ENDS products suffered financial losses, prompting lawsuits claiming that the ban was unconstitutional.^[3] Reconsidering the law and allowing local vape shops (21+) to sell flavored ENDS products is a positive step forward. While it doesn’t address every potential issue, it effectively resolves many of the problems caused by the initial ban while continuing to reduce access to these products for those under the age of twenty-one.

About a decade ago, scientific evidence emerged demonstrating the importance of non-tobacco-flavored reduced-risk products. In this report, researchers found that 66 percent of those who chose to switch to novel ENDS products were able to cease smoking cigarettes.^[4] Most participants, whose success was verified by exhaled carbon monoxide readings, credited their success to non-tobacco- and non-menthol-flavored ENDS products. Studies have also explored the appeal of various ENDS flavors among current, former, and never-tobacco users, suggesting benefits for current smokers without significantly increasing the risk of initiation among non-smokers, including young adults.^[5] In fact, smoking rates tend to rise in areas where flavor bans are implemented, affecting both adults and minors.^[6] Simply put, flavors help people quit smoking and stay smoke-free.

As vaping products gained popularity among smokers, underage use of both nicotine and non-nicotine vapes began to increase.^[7] There is broad consensus that reducing youth access to any nicotine product—flavored or not—must be a priority.^[8] Flavors like fruit, candy, dessert, and menthol are particularly appealing to young adults and adolescents, who are more likely to initiate and continue flavored products.^[9] Preventing and deterring use is therefore critical. To address this, the Tobacco 21 (T21) law was signed into effect on December 20, 2019, as an amendment to the Federal Food, Drug, and Cosmetic Act.^[10] This law made it illegal for anyone under the age of 21 to purchase any tobacco or nicotine products, and has significantly reduced underage use. T21 has been a key factor in reducing youth vaping across the country.^[11] In Rhode Island, youth ENDS use dropped significantly after T21’s implementation with vaping among high school students falling from over 30 percent in 2019 to 16.5 percent in 2023.^[12] 

Current federally-funded initiatives are working to better assess the role of flavors in smoking cessation at the population level by standardizing research measures. On January 16th 2025, the FDA Center for Tobacco Products (CTP) granted marketing orders for a range of flavored nicotine pouches produced by Swedish Match. In their announcement, the CTP stated that these nicotine pouches are appropriate for public health protection, offering more health benefits than risks.^[13] As a result, we can expect more FDA-authorized flavored reduced-risk products to become available for adult consumers, helping them on their journey toward a combustion-free life.

The R Street Institute urges your support of S 543 to provide adult smokers with access to flavored reduced-risk products. Allowing adults access makes sense from all perspectives, and this bill provides access to improve the health of adult smokers while maintaining an additional barrier that may, in addition to T21, curb youth access and use.

Thank you,

Jeffrey S. Smith, PhD
Senior Fellow, Integrative Harm Reduction
R Street Institute
jsmith@rstreet.org