Battle over e-cigarette restrictions lighting up in state Legislature

Many people are turning to electronic cigarettes as an alternative to tobacco in recent years. But the state’s growing e-cig industry and users are worried legislation that would significantly raise taxes and limit flavors and sales of the popular cigarette alternative could snuff out the industry.

Governor Jay Inslee and a number of lawmakers are now backing measures in both the state Senate and House they argue are needed now to slow the significant increase in use by young people.

“We’ve got a number of indicators over this last year showing an alarming trend of youth who have never smoked cigarettes but using e-cigarettes at an alarming rate far higher than even cigarettes,” says Jason McGill, a health policy advisor for Governor Inslee.

Related: Potential health concerns raised over e-cigarettes

McGill cites a report by a team of researchers from the University of Washington School of Public Health, which found e-cigarette use tripled among high school students between 2011 and 2013.

E-cigarettes and vaporizers heat liquids infused with nicotine and flavors to a vaporized state, which users then inhale to simulate smoking.

The governor’s proposal would increase the taxes on e-cigarettes by 95 percent, bringing the industry in line with tobacco taxes.

“Tax is a primary tool to prevent use in the first place. It works with cigarettes. We’ve seen that. Once we increased the tax, we’ve seen almost a direct correlation in the decrease of use,” says McGill.

But retailers and users alike argue the governor is unfairly targeting their industry and would essentially kill it.

“It would be crippling to the point where we would likely go out of business and end up owing more money than we have ever made as independent shop owners,” says Kim Thompson, founder and owner of The Vaporium, an e-cigarette retailer with outlets in Lakewood and Fife.

“There are no exact numbers because it’s a brand new industry,” she says. “Just in my shop alone, 23 people will lose their jobs. That’s just two vape shops out of hundreds and hundreds that are in Washington state. One of our e-liquid manufacturers employs 80 people.”

Thompson and many others insist e-cigarettes and vaporizers are a powerful tool to help users stop smoking, and should be treated just like other cessation aids like nicotine gum or patches, which are not taxed like tobacco.

And she says the added taxes would dramatically increase prices, deterring some smokers from switching.

“A sin tax for cigarettes obviously is to cover the medical costs incurred by people smoking,” she says. “You take four or five ingredients [in e-cigarettes] and compare that to the thousands that are in a combustible cigarette, it really doesn’t take too much to be able to realize that’s harm reduction.”

But the University of Washington research says there is no research proving e-cigarettes are an effective alternative to FDA-approved smoking cessation products. And McGill argues even with increased taxes, the price of e-cigarettes would still be far lower than cigarettes.

Currently, there’s no limit to the flavors available. Many are fruit or candy flavored, which critics say makes them more enticing to young people. The proposed legislation would limit flavors to menthol and mint flavors.

“They are not just using benign flavors, they are using nicotine which is a damaging substance for adolescent growing brains and other substances that could be particularly harmful,” says McGill.

But Thompson counters the flavors make e-cigarettes more appealing to adults looking to quit. And she says the same arguments about young people getting a hold of addictive substances could be made about a number of other things.

“They help people make the transition, really help to choose the vaporizer over cigarettes,” says Thompson. “We all know that there are a lot of things in life that children shouldn’t do that have flavors. There’s gummy-flavored vodka, margaritas look very tasty with their whipped cream and toy umbrellas on top. As adults, we enjoy flavors as well.”

Thompson points out her store already restricts sales to minors, and says the industry is working hard to ensure packaging is child-proof to avoid accidental contact with liquid nicotine by kids.

The legislation would also prohibit Internet sales of e-cigarettes and related products in the state to further restrict access for young people.

Hearings on the proposals are planned in the coming weeks. McGill says he’s had talks with the industry and the governor is willing to make some changes to the legislation, especially regarding flavoring.

The industry has countered by hiring a lobbyist and forming several grassroots organizations. Backers have flooded the governor’s office and lawmakers with emails and calls imploring them to stop pushing the measures or defeat them.

Thompson says lawmakers need to understand they are providing a valuable public health service to the community.

“Of course we don’t want anybody to start an addictive habit,” says Thompson. “We are about helping smokers get off cigarettes. At my shop we say our best customers quit us all together.”