Flavored vape, advertising ban proposed

The General Affairs Committee considered two proposals Feb. 24 that seek to reduce young Nebraskan’s access to vaping products.

LB285, as introduced by Hastings Sen. Dan Lonowski, would prohibit the sale in Nebraska of flavored electronic nicotine delivery systems, also known as vapor products. The bill would not apply to tobacco and menthol flavored vapor products.

Lonowski offered an amendment at the hearing that would establish a start date of Jan. 1, 2026, which he said would allow ENDS retailers enough time to comply with the measurer’s provisions. He also introduced LB688, which would prohibit any person from advertising ENDS products in Nebraska.

Lonowski said the intent of both proposals is to prioritize the public health of Nebraska’s young people by limiting their access to potentially harmful products. Nearly 90% of the 1.6 million students who report vaping in the U.S. use flavored vaping products, he said.

“There are more than 6,000 flavors of vaping products available on the market,” Lonowski said. “Producing more flavors [of] vaping devices only increases the chances of more people … becoming addicted.”

Representing the Metro Omaha Tobacco Action Coalition, Brandon Koehler testified in support of LB285. While some individuals may use a vaping device to quit traditional smoking, he said, flavored vaping products are targeted toward younger users.

“If a vape or nicotine replacement product is the way they can [quit smoking] … that’s great,” Koehler said. “But not a single one of these people are grabbing a cotton candy-flavored vape to do so.”

Mark Welsch testified in support of both proposals on behalf of the Group to Alleviate Smoking Pollution of Nebraska. He suggested LB285 be amended to prohibit the sale of menthol flavored products as well, but said he supported any measure aimed at keeping youth from starting ENDS use.

“The long-term effects of vaping are largely unknown,” Welsch said. “Our children and young adults who become addicted to vaping are the test subjects.”

Sarah Linden, owner of Generation V, testified in opposition to LB285. She said the bill would shut down the vape industry, including her 28 stores nationwide, and cost the state $175 million in tax revenue.

Banning flavors would eliminate 99% of vapor products, Linden said, making it nearly impossible for specialty retailers to survive.

“Only 4.6% of adults use tobacco or menthol flavors,” she said. “If this bill goes into effect, I along with many other small business owners in Nebraska would lose everything,”

Speaking in opposition to both measures on behalf of the Cannabis Factory, Spike Eickholt said he believes the ban on ENDS advertisements proposed under LB688 would be found unconstitutional.

While states can regulate commercial speech in certain instances, he said, they must do so in the least restrictive manner possible that serves a substantial state interest.

Instead, LB688 would prohibit any person in Nebraska from advertising these products in any form, whether they hold a license to sell ENDS in the state or not, Eickholt said.

The committee took no immediate action on either proposal.