Tobacco Policy Roundup: Smoking Rates Down but Youth E-Cigarette Use Rising

March 21, 2025 | Beth Giambrone

While the number of people in the United States who smoke cigarettes has decreased, the use of e-cigarettes and other smokeless tobacco products has increased considerably according to CDC’s latest Morbidity and Mortality Weekly Report. The report showed that people who exclusively smoked cigarettes decreased by nearly 7 million people between 2017-2023. Conversely, the number of people who exclusively used e-cigarettes increased by more than 7 million people. In addition, the number of children who use tobacco products declined but is still problematic, with approximately 10% of high school students reporting having used a tobacco product within the previous 30 days. Among them, e-cigarettes are the most popular tobacco product.

Recent years have brought significant tobacco policy changes, including a change in federal law raising the minimum purchase age to 21. In the current legislative sessions, several jurisdictions are exploring legislation that would strengthen clean indoor air or smokefree laws, limit the sale of flavored tobacco products, and establish policies to deter youth tobacco use.

Addressing Harmful Flavored Tobacco Products

Currently, eight states (California, Maine, Maryland, Massachusetts, New Jersey, New York, Rhode Island, Utah) and Washington, D.C. prohibit selling flavored tobacco products to varying degrees. New Jersey is considering A 1810/S 1947, which would ban non-premium cigars and oral nicotine pouches under the state’s flavored tobacco law. New York legislators recently introduced several bills that would add to the state’s earlier flavored vaping law by prohibiting flavored oral nicotine pouches (A 141/S 443), restricting all flavored tobacco products and accessories, not just vapes, (A 4999/S 3196), and including menthol in the flavored vaping law (A 1709).

At least seven additional states introduced legislation in this session that would establish restrictions on flavored tobacco products:

• Two sets of bills in Hawaii would prohibit selling flavored nicotine products and nicotine product flavor enhancers and prohibit mislabeling e-liquids as nicotine-free (HB 756/SB 972) and prohibit selling all flavored tobacco products and mislabeled e-liquid products (HB 1116/SB 1435).
• Illinois (HB 3191) would prohibit selling flavored electronic cigarettes.
• Indiana (HB 1410) would prohibit selling flavored tobacco products and their components, including cigarettes, electronic cigarettes, smokeless tobacco, and tobacco products with a characterizing flavor.
• Nebraska (LB 285) would prohibit selling flavored vape products, excluding menthol.
• Oregon (HB 3437/SB 702) would prohibit distributing, selling, or offering to sell flavored inhalant delivery system products or flavored tobacco products.
• Texas (SB 1182) would prohibit selling flavored tobacco products.
• Washington (HB 1203/SB 5183) would prohibit selling, displaying, and advertising any flavored tobacco, nicotine, or vapor product and require a statewide prevention and awareness campaign about flavored tobacco, nicotine, and vapor products.

Preventing America’s Youth from Using Tobacco Products

While selling tobacco products to people under 21 is prohibited nationwide, there is currently no national law again possessing tobacco products by underage people; as such, jurisdictions have the authority to do so. So far in the 2025 legislative sessions, at least seven states introduced legislation prohibiting the possession of various tobacco and nicotine products by people under 21.

• Companion bills in Alaska (HB 49/SB 24) would raise the minimum age for possessing tobacco products from 19 to 21 years.
• Illinois (HB 1732) would prohibit possessing tobacco products, electronic cigarettes, or alternative nicotine products by anyone under 21.
• Indiana (HB 1516) would define tobacco, e-cigarettes, vapor products, and e-liquids as “prohibited products” and prohibit persons under 21 from possessing them.
• New Jersey (A 860) would prohibit people under 21 from possessing electronic smoking devices.
• New York (S 4051) would prohibit people under 21 from possessing tobacco or vaping products.
• Oregon (HB 2053) would make purchasing, possessing, and using tobacco products by anyone under 21 a punishable offense.
• The Virginia legislature passed companion bills (HB 1946/SB 1060), which prohibit any person younger than 21 years of age from possessing any retail tobacco or hemp product intended for smoking. The bill now awaits action by the governor.

Many of these bills would impose fines, community service, and/or referrals to tobacco education programs for violating the law; these levels of enforcement are often preferable to harsher penalties. ASTHO continues to support policies that enforce penalties on tobacco manufacturers, marketers, and retailers, as opposed to penalizing individual consumers for purchasing, possessing, and using tobacco products.

States also introduced policies aimed at preventing underage tobacco use in schools. Three states – Alabama (HB 8/SB 2), Arkansas (HB 1031), and New Jersey (A 1826) – are considering legislation that would require schools to include information on tobacco and electronic cigarette use prevention and cessation as part of school curriculums.

Additional Tobacco-Related Legislation

State legislatures are actively debating a wide range of tobacco-related bills. These proposals aim to strengthen existing laws regarding indoor air quality, marketing practices, and retail tobacco sales.

Strengthening Clean Indoor Air Laws

• Alabama (SB 10), Kansas (HB 2252/SB 176), and Montana (SB 390) introduced legislation that would add electronic smoking devices and vaping as prohibited under their respective clean indoor air acts.
• Florida (SB 226), Kansas (HB 2252/SB 176), and New Jersey (S 1563) are considering bills that would eliminate exemptions from their state’s clean indoor air acts, including areas such as gaming floors, racetrack facilities, amusement parks, and public parks and beaches.

Amending Retail and Delivery Requirements

• The Montana House passed HB 249, which would allow using a digital version of a person’s driver’s license to purchase tobacco and nicotine products. The bill is currently under consideration in the Senate.
• The New Jersey Assembly passed A 1813, which prohibits delivering electronic smoking devices and tobacco products to a residence without obtaining a signature upon delivery from someone who is over 21 years of age. The bill is currently under consideration in the Senate.
• Tennessee is considering HB 591 and SB 562, which would prohibit selling vapor products in establishments other than a retail vapor product store except for products that are tobacco or menthol flavored, and requires retailers to verify the age of all potential buyers, regardless of how old they may look.

Marketing/Advertising Restrictions

• Massachusetts (HD 2835) would prohibit advertising tobacco products on websites, services, and online/mobile applications if the operator knows minors use the website/application.
• New York (S 4913) and Oklahoma (HB 1265) introduced legislation that would prohibit marketing and advertising tobacco products that appeal to minors.

ASTHO remains committed to supporting, equipping, and advocating for state and territorial health officials in their work of advancing the public’s health and well-being, and will continue to monitor this important public health policy issue.