Twenty-eight separate organizations, including a number of anti tobacco and public health organizations, have presented unlikely opposition to Alabama’s latest anti-vaping efforts with a letter encouraging lawmakers to stand against House Bill 319 and Senate Bill 271.

HB 319, sponsored by Rep. Barbara Drummond (D-Mobile) and its companion senate bill, sponsored by Sen. Garlan Gudger (R-Cullman) are Alabama’s newest attempts at legislation intended to curb underage vaping across the state. However, organizations such as the American Heart and Lung Associations, the American Cancer Society, Alabama Asthma Coalition and the Campaign for Tobacco-Free Kids describe the law as “a gift to the very industry that caused the epidemic in the first place” in a letter sent to lawmakers.

Jada Shaffer, with the AHA, said the law merely appears to protect children on a surface level and to those privy to the tactics of the tobacco industry can see the underlying consequences if the bill were to be approved in its current state.

“The industry comes up with these new tactics that are very appealing to legislators who want to do the right thing and help kids quit vaping. But, they don’t fully understand what’s good tobacco policy that helps kids and what’s tobacco policy that helps the industry,” Shaffer said.

Shaffer said she has been working with lawmakers and the bill has been through several amendments already, but continues to view the current state as ineffective. Her main point of concern, she said, is the penalties it would place on children.

The bill states anyone under the age of 21 caught purchasing or possessing any type of “alternative nicotine product” shall be issued a citation and be fined $50-$200 or be sentenced to between eight and 32 hours of community service, depending on the number of previous violations. Those under the age of 18 shall be subject to the exclusive jurisdiction of the juvenile court system.

Cullman County has been using a similar method of punishment since establishing its “vape court” in 2021. Currently, those caught vaping under the age of 21 in Cullman County face the following penalties:

1st offense — 16 hours of community service and complete an online Juuling Awareness Course ($37.95).

2nd offense — 24 hours of community service, complete an online Juuling Awareness Course and parents must complete a Parenting Skills Class ($49.95).

3rd offense — Courts determine sentencing fines and court costs.

If these penalties are not completed a $50 fine, plus court costs, will be issued.

Shaffer said there is no evidence to support these types of penalties as an effective method to reduce the amount of underage vape users and would instead prefer to see children referred to education and prevention programs with the Alabama Department of Public Health.

“It’s become such a huge problem that everyone has been trying to figure out what to do and their solution has been to just put kids in the court system. Instead, Alabama should be funding our youth prevention programs,” Shaffer said. She added “Penalizing children and putting them in the court system over a nicotine addiction that a $1 billion industry got them addicted to is just not right.”

President of the Breathe Easier Alliance of Alabama, Joe Ferrell, said provisions within the bill which redefine an “e-liquid” would effectively eliminate all locally owned vape stores from operating within the state “within a year.” The law would ban any product containing synthetic nicotine or nicotine derived from any source other than tobacco — Alabama would become the first state to implement this type of ban — which Ferrell said is the majority of products offered from specialty stores.

“Pretty much everyone is making their e-liquid with synthetic nicotine now, which is good with the FDA so far, but Alabama is wanting to ban it. So, essentially within a year [stores] would have no e-liquid they could sell and have to close their doors,” Ferrell said.

Meredith Wills, also with the BEAA, said losing these retailers would not only negatively impact local economies, but would give the tobacco industry greater control over the market in gas stations and convenience stores where, she said, the overwhelming majority of underage sales take place.

“Vape stores self-enforce the 21+ entry requirement. Children are not purchasing vaping products at vape stores. Minors are purchasing dangerous disposables at the local convenience stores next to their schools. Vape stores are being wrongfully targeted because the big tobacco lobby wants to control the monopoly in the vaping industry in addition to the cigarette industry. This is wrong and sets a dangerous precedent. Tobacco is mentioned 109 times in HB319 because big tobacco assisted heavily with the writing of this bill,” Wills said.

Ferrell said a much more streamlined and effective solution to prevent minors from accessing vape products illegally, would be to ban the sale from any store without a 21 and up entry requirement.

Senate Bill 271 passed the senate judiciary committee on Wednesday, May 24, and is expected to be presented to the senate floor sometime next week.

Attempts to reach Sen. Gudger for comment were unsuccessful.

Patrick Camp can be reached at 256-734-2131 ext. 238