S 2098Drugs

Taxation - Cigarette, Other Tobacco Products, and Electronic Nicotine-Delivery System Products

This bill prohibits the sale of menthol, mint, and wintergreen flavored electronic nicotine-delivery systems (vapes) in Rhode Island.

Introduced

Population
Affected

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Introduced Jan 16, 2026Committee Senate Finance

Plain-English Summary

This legislation amends Rhode Island's tax laws regarding electronic nicotine-delivery systems, commonly known as vapes. Specifically, it modifies the legal definition of "characterizing flavor" to explicitly include mint, menthol, and wintergreen. Previously, menthol was excluded from this definition. By removing this exclusion and adding these flavors to the prohibited list, the bill bans the sale, offer for sale, or possession with intent to sell of menthol-flavored electronic nicotine products in the state. Compassion centers and licensed cannabis cultivators are exempt from this ban provided their products do not contain tobacco or nicotine.

For younger readers

This new law changes the rules for stores that sell electronic cigarettes, also known as "vapes." Before this law, stores were allowed to sell vapes that tasted like mint or menthol. Now, the law says that stores cannot sell those flavors anymore. It treats mint and menthol the same as other flavors like candy or fruit, which are already not allowed to be sold. This means that adults will no longer be able to buy mint or menthol-flavored vapes in Rhode Island stores.

Who & Where It Applies

Impacted groups

Vape Shop OwnersAdult Nicotine ConsumersConvenience Store OwnersTobacco WholesalersPublic Health Officials

Impacted communities

All

Constitutional & Fiscal Check

None Likely

Estimated cost

None

Estimated revenue

Amount unknown

Bill Analysis

Both viewpoints

For Progressives

Promotes public health by reducing the availability of flavored nicotine products, which are often cited as a gateway for youth addiction and can lead to long-term respiratory issues.
Addresses health equity concerns, as menthol products have historically been aggressively marketed toward minority communities, contributing to health disparities.
Reduces the overall prevalence of nicotine addiction in the community, potentially lowering the burden on the public healthcare system and social safety nets in the long term.
May negatively impact harm reduction efforts for individuals using menthol vapes as a cessation tool to quit more dangerous combustible cigarettes.
Could contribute to the creation of illicit markets, potentially increasing police interactions with marginalized populations over the sale of banned substances.
Imposes economic hardship on small business owners and employees in the vape and convenience store sectors due to lost revenue from popular products.

For Conservatives

Protects children and traditional family structures by restricting products often perceived as targeting youth with appealing flavors.
Closes a perceived loophole in existing law, ensuring that the legislative intent to ban flavored products is applied consistently across all flavor categories.
May reduce long-term state expenditures on healthcare costs associated with nicotine addiction and respiratory illnesses.
Represents significant government overreach and a "nanny state" mentality by restricting the freedom of adult consumers to purchase legal products of their choice.
Harms small businesses and stifles corporate freedom by banning a significant portion of inventory, potentially leading to business closures and job losses.
Sets a dangerous precedent for further government interference in the free market and the prohibition of other legal goods based on subjective criteria.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 2 additions · 1 deletion

SECTION 1. Section 44-20-61 of the General Laws in Chapter 44-20 entitled "Cigarette, Other Tobacco Products, and Electronic Nicotine-Delivery System Products" is hereby amended to read as follows: 44-20-61. Product restrictions on electronic nicotine-delivery system products.

(a) For purposes of this section, the following terms shall have the following meanings:

(1) “Characterizing flavor” means a distinguishable taste or aroma, other than the taste or aroma of tobacco ~~or menthol~~, distinguishable by an ordinary consumer, imparted either prior to, or during, consumption of an electronic nicotine-delivery system product or component part thereof, including, but not limited to, tastes or aromas relating to any fruit, mint, menthol, wintergreen, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice or which impart a cooling or numbing sensation. The determination of whether an electronic nicotine-delivery system product has a characterizing flavor shall not be based solely on the use of additives, flavorings, or particular ingredients, but shall instead consider all aspects of a final product including, but not limited to, taste, flavor and aroma, product labeling, and advertising statements. A flavor shall be presumed to be a characterizing flavor if a dealer, manufacturer, or distributor has made a statement or claim directed to consumers or the public about such flavor, whether expressed or implied, that it has a distinguishable taste or aroma (other than the taste or aroma of tobacco or menthol).

(2) “Flavored electronic nicotine-delivery system product” means any electronic nicotine- delivery system product that imparts a characterizing flavor.

(b) The sale, or offer for sale of, or the possession with intent to sell or to offer for sale, flavored electronic nicotine-delivery system products to consumers within the state of Rhode Island is hereby prohibited. Compassion centers and licensed cultivators registered with the state of Rhode Island department of business regulation-office of cannabis regulation under chapter 28.6 of title 21 are exempt from this provision except as to products that contain, are made of, or are derived from tobacco or nicotine, natural or synthetic.

SECTION 2. This act shall take effect upon passage.