On Wednesday, the Alabama Senate Judiciary Committee gave a favorable report to legislation that would penalize both the sellers of vape products to persons under age 21 as well as the youthful offenders themselves. The Alabama Heart Association urged legislators not to penalize the young tobacco users themselves.
The Alabama Heart Association joined a chorus of advocates in a letter to lawmakers calling for lawmakers to remove penalties on kids and hold the tobacco industry accountable.
House Bill 319 (HB319), sponsored by State Representative Barbara Drummond (D-Mobile), was advanced by the Committee and could be considered on the Senate floor as early as Thursday. Senate Bill 271, sponsored by State Senator Garlan Gudger (R-Cullman), is the Senate companion bill to HB319.
The American Heart Association and partners claim that the bill is disguised as a policy to help Alabama’s youth, but in its current form would be harmful to children and give a pass to those selling tobacco products, including e-cigarettes, to minors. The expresses opposition to language in HB319/SB271, saying it further emboldens big tobacco companies.
Jada Shaffer is the senior regional lead of governmental affairs for the American Heart Association.
“As the mother of a son who started using chewing tobacco at 14 and purchased it at our local gas station, I know this is a problem all too well,” said Shaffer. “I am pleading with lawmakers to take bold steps in ensuring that no child is exposed again to these deadly products and that the retailers in Alabama are held accountable if they sell to minors. Big tobacco targeted kids with fruity flavors and successfully addicted a whole new generation of kids to nicotine. And now they are shifting the blame to kids and penalizing them. HB319/SB271 further victimizes Alabama’s children all over again.”
The Alabama Heart Association said that nicotine is a highly addictive drug. The AHA said that their research shows that many students use e-cigarettes and other tobacco products to self-medicate for depression, anxiety, and other mental health concerns.
The American Heart Association warns that many e-cigarettes deliver dangerously high levels of nicotine and should never be used by youth. The U.S. Surgeon General warns that nicotine exposure during adolescence may harm brain development and impact learning, memory, and attention. Additionally, brain changes induced by nicotine exposure can make youth more susceptible to addiction to other substances.
“The industry spent billions of dollars creating appealing flavors and vapes that were easily hidden from our children,” Schaffer added. “The industry created this problem, and now they want to further punish kids.”
Specifically, the Heart Association objects to provisions in HB319/SB27 that would penalize Alabama youths for nicotine addiction while not addressing the real problem of keeping these products out of kids’ hands.
The Heart Association added that the bill requires no annual retail compliance check, allows for tobacco and e-cigarettes to be sold at self-service displays, and further wastes state resources on an FDA registry that is not required by the federal Tobacco 21 law.
The American Heart Association claims that there is no evidence that putting kids in the court system with fines, suspending kids, or even making them do community service helps with a nicotine addiction. Instead, says Shaffer, kids need help with nicotine addiction through cessation and counseling.
According to American Heart Association resources, even though the legal sales age for tobacco is 21, 75% of youth reported they were not refused a sale when trying to buy these products. In 2021 tobacco companies spent $9.1 billion nationwide and approximately $202.2 million in Alabama targeting youth with their products and marketing, including selling tobacco products in candy, fruit, and minty menthol flavors in gas stations, convenience stores, and grocery stores. In 2019, 26.7% of Alabama high school youth reported using tobacco products, including e-cigarettes.
Dr. Ronald Lazar, M.D., professor of neurology and neurobiology at the University of Alabama at Birmingham and a member of the local American Heart Association board of directors
“It is no secret that tobacco use causes a wide range of health issues, both long and short-term,” said Dr. Lazar. “As a physician, it concerns me when I learn the youngest of patients are smoking and consuming tobacco products, including e-cigarettes. Holding tobacco retailers more accountable for the sale and marketing of these products would mean a safer world for our kids.”
At least 44% of teens in the US attend school within 1,000 feet of a tobacco retailer, and 77% of public schools are within a 10-minute walk of a tobacco retailer, which contributes to youth tobacco rates remaining high.
“Make no mistake, tobacco companies have grown bolder in their efforts to keep people addicted and misinformed,” added Shaffer. “They support watered-down and less effective tobacco-control measures as a public relations ploy to divert the attention from proven measures. Meaningful change in Alabama requires a comprehensive tobacco retail licensure program, adequate funding for tobacco cessation, comprehensive smoke-free air laws, and increased tobacco taxes. We hope lawmakers will remove the penalties on kids and hold the industry accountable.”
SB271 failed to reach the Senate floor by the 27th legislative day of the session, meaning that constitutionally it does not have time to pass. HB319 has been passed by the committee and is awaiting action by the Senate.
SB316 is sponsored by Sen. Vivian Figures (D-Mobile). It also bans people below age 21 from using vape or electronic cigarette devices. It is a different piece of legislation than SB271/HB319 and is not opposed by the Heart Association. HB316 passed the Senate unanimously on Wednesday and is awaiting action by the House Judiciary Committee. An earlier version of this article incorrectly identified Figures as the sponsor of SB271.
The Legislature will meet next Wednesday for day 27 of the 2023 Alabama Regular Legislative Session.
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