Testimony before the Washington House Finance Committee Regarding Tobacco and Vapor Product Regulations

04-07-2025 Washington HB 2068 Flavor Ban Tax Increase.pdf

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Chairwoman Berg, Vice-Chair Street, and Members of the Committee:

Thank you for your time today regarding state policies on the sale of flavored tobacco and nicotine products in the Evergreen State. My name is Lindsey Stroud and I’m a Creator and Manager of Tobacco Harm Reduction 101 (thr101.org), a website dedicated to examining tobacco and vapor product use among adults and youth. Since 2016, in various roles, I have actively monitored and examined state, national, and international tobacco and tobacco harm reduction policies.

While efforts to reduce youth use of age-restricted products is laudable, flawed policies including banning flavors in tobacco and vapor products and excessive taxation ignores record lows in youth tobacco use and recent (and continued declines) in youth vapor use, while disproportionately impact low-income persons who are more likely to use tobacco and vapor products. Moreover, the legislation ignores nearly two decades of research of tobacco harm reduction and unfairly punishes adults who rely on e-cigarettes to both quit smoking and remain smoke-free.

Key Points:

• In 2023, only 5.1 percent of Washington young adults aged 18 to 24 years old were smoking.
  

• Lower-income and less educated adults were more likely to smoke.
  

• Adult use of e-cigarettes in Washington has increased by 35.8 percent since 2016.
  

• The introduction of e-cigarettes in Washington correlates with reduced rates in smoking among all adults, but especially among young adults.
  

• Between 2016 and 2023, vaping rates increased by 35.8 percent among all adults, while smoking rates decreased by 35.7 percent. Among young adults aged 18 to 24 years old, vaping rates increased by 62.9 percent, while smoking rates dropped by 64.8 percent.
  

• Among all smoking adults in Washington in 2023, 64.8 percent were White, 11.2 percent were Hispanic, 5.2 percent were Asian, 3.9 percent were Black, 2.3 percent were American Indian or Alaska Native, 1.5 percent were adults identifying as “Other,” and 0.4 percent were Native Hawaiian/Pacific Islander.
  

• According to the legislation, the “growing market for flavored tobacco and nicotine products is undermining the nation’s progress in reducing overall youth tobacco use.”
  

• Similar to adult use, youth combustible cigarette use is at record lows, while youth vapor product use has declined since peaking in 2018.
  

• In 2023, only 12.1 percent of Washington youth reported ever-trying combustible cigarettes, while 2.2 percent reported past-month use. Between 2010 and 2023, the ever-use of cigarettes declined by 58.7 percent, while current use declined by 78.6 percent.
  

• The legislation points out that “almost eight percent of 10th graders and 14 percent of 12th graders” were currently using e-cigarettes but fails to make mention of the declines in youth vaping in recent years among those grades specifically.
  

• For example, in 2018, more than one-fifth (21.2 percent) of 10th graders were currently vaping, while nearly one-third (29.6 percent) of 12th graders were current e-cigarette users. Between 2018 and 2023, vaping among Washington 10th graders declined by 63.8 percent, while rates were down by 54.1 percent among 12th graders.
  

• In 2023, students who earned mostly D’s/F’s were 5.5 times more likely to be vaping than A-earning students, and 6.3 times more likely to be smoking.
  

• Students facing hunger issues in 2023 were 4.3 times more likely to smoke cigarettes and 2.8 times more likely to vape e-cigarettes.
  

• Oral nicotine use is low. In 2023, only 4 percent of Washington youth reported using any form of smokeless or oral nicotine products.
  

• According to the Center for Disease Control and Prevention (CDC), the most common reasons why youth use e-cigarettes is because they are feeling anxious, depressed, and/or stressed.
  

• In 2021, only 13.2 percent of U.S. middle and high school students reported using e-cigarettes because of flavors, while 43.2 percent had used them because of feelings of anxiety, depression and/or stress.
  

• Flavored e-cigarettes and tobacco harm reduction products are useful to adults who smoke. A 2018 survey of nearly 70,000 adult vapers found that the majority of respondents were vaping fruit and dessert flavors.
  

• The Food and Drug Administration (FDA) has issued marketing orders for menthol-flavored e-cigarettes, and a variety of oral nicotine products in flavors ranging from coffee to citrus and spearmint.
  

• While vaping is down, Washington youth are facing other issues. For example, in 2023, 7.7 percent of 10th graders were vaping, yet 61.7 percent reported feeling anxious, nervous, or on edge. 14.5 percent reported having contemplated suicide – or twice the number who were vaping.
  

• Youth in the Evergreen State are dying – but not from nicotine. According to the Washington State Department of Health (DOH), opioid overdose fatalities among youth aged 14 to 18 years tripled between 2016 and 2022. The DOH attributes that increase due to illegal drugs – specifically fentanyl – which are already widely available.
  

• The FDA and CDC recognize the potential of tobacco harm reduction, with the CDC noting that e-cigarettes are less harmful than combustible cigarettes.
  

• Cigarette taxes are unreliable sources of revenue. Since 2011, cigarette tax revenue declined on average by 4.2 percent annually.
  

• Policymakers should refrain from imposing excessive taxes on products that are less harmful and have been found effective in helping adults quit smoking.
  

• Washington should invest more existing tobacco monies in tobacco control programs. In 2023, for every $1 the state received in cigarette taxes and settlement payments, it allocated only $0.02 on tobacco control programs.