Washington lawmakers begin push to ban flavored vapes

Democratic lawmakers in Washington are pushing this year to ban flavored tobacco products, with the support of the state schools chief.

State Rep. Kristine Reeves, D-Federal Way, filed the legislation Wednesday on the House side. State Sen. T’wina Nobles, D-University Place, is set to sponsor the Senate version.

Their proposal includes bans on flavored electronic cigarettes, also called vapes, menthol cigarettes and nicotine pouches, like Zyn. The ban would be effective Jan. 1, 2026. The legislation, House Bill 1203, also targets so-called “entertainment vapor products” that include video games or music.

“The prevalence of flavored products is bringing way too many young people into very dangerous behaviors for themselves,” Superintendent of Public Instruction Chris Reykdal told reporters Wednesday. “I’ve said before that these industries are, quite frankly, trying to create customers for life.”

Businesses licensed to sell these products would be required to post signage noting the statewide prohibition. The state Department of Health would also run a campaign to build awareness about the harms of flavored tobacco products.

Critics of such bans have argued the measures would cause the state to lose out on millions in tax revenue. They also say bans would lead to increased cigarette use as consumers look for alternatives. And people who’ve turned to e-cigarettes to quit smoking traditional cigarettes would no longer have the option.

“This will hurt public health, there’s no question about it,” said Tony Abboud, executive director of the Vapor Technology Association, an e-cigarette trade group.

In 2023, 29% of Washington’s 12th graders reported having tried e-cigarettes, according to the state’s Healthy Youth Survey. That’s compared to 17.5% who said they’d smoked cigarettes.

Nationally, students who have used e-cigarettes overwhelmingly reported choosing flavored options, with fruit flavors being the most popular, according to federal Food & Drug Administration data.

Reeves said as a mother of two kids – a son, 12, and daughter, 10 – she has seen the prevalence of these products in schools firsthand.

“It’s incredibly important to me as a mom who cares about taking care of my kids that I’m thinking about, not just my kids, but about all of these kids,” she said.

Reeves noted her mother started smoking at the age of 9, and preferred menthol cigarettes. Her mother died of lung cancer at 60.

In 2019, Gov. Jay Inslee signed an emergency order to temporarily ban flavored vapor products amid an outbreak of lung injuries linked to e-cigarettes, with over 2,800 people hospitalized across all 50 states and 68 confirmed deaths.

Reykdal said traditional regulatory action on this issue “is not going to be viable” when dealing with an industry he argued is targeting kids to get them addicted. The best option now is “total avoidance,” he said.

In October, the U.S. Centers for Disease Control and Prevention reported tobacco use among middle and high school students had dropped to the lowest level recorded in 25 years.

In light of this data, Abboud called the flavored vaping ban a “solution that’s in search of a problem.”

Six states – California, Massachusetts, New Jersey, New York, Rhode Island and Utah – restrict the sale of flavored tobacco products, to varying degrees. Some make exceptions for menthol-flavored e-cigarettes.

A similar measure in Oregon is set to be debated this year, said Susan O’Brien, of the Campaign for Tobacco-Free Kids.