Rhode Island Permanently Bans Flavored Vaping Products

Rhode Island flavored vaping products ban

Governor Bypasses Legislature to Implement Immediate Ban on Flavored Vapes

Rhode Island has officially implemented a permanent ban on the sale of flavored vaping products, effective immediately. The state Department of Health submitted final regulations to the secretary of state earlier this month, following an emergency order that temporarily banned the sale of flavored vape products in October.

Governor Bypasses Legislature to Create Permanent Rule

Governor Gina Raimondo utilized the Department of Health to establish the permanent rule, bypassing the state legislature. Rhode Island becomes the third U.S. state to ban sales of flavored vaping products this week. The new rule prohibits the sale of any vapor product, including bottled e-liquid, in flavors other than tobacco.

Last September, Raimondo had imposed a temporary “emergency” flavor ban during the panic over lung injuries caused by adulterated THC oil cartridges sold on the black market. However, these injuries were not caused by flavored nicotine vaping products.

Legislation Still Active in State House

A flavor ban is also part of a state House bill, H7171, introduced in January as part of the governor’s budget request. The legislation, which is still active in the legislature, also includes an 80 percent wholesale tax on e-liquid and a 35 mg/mL cap on nicotine content in all vaping products. It remains unclear whether the flavor ban component will be removed from the bill or whether the law, if passed, supersedes the Department of Health rule.

Vape Shop Licensing and Self-Certification

The new rule includes a licensing scheme for vape shops and requires newly licensed businesses to self-certify that none of the electronic nicotine-delivery system products they sell, offer for sale, or possess with intent to sell or offer for sale to consumers in Rhode Island are flavored electronic nicotine-delivery system products.

Matthew Ma
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