Legislature Overrides Governor’s Veto On E-Cigs

Missouri will be joining a majority of the states which ban sales of e-cigarettes to minors.

The Missouri State Senate voted 26-6 to override Governor Jay Nixon’s veto of SB 841, which would ban the sale of electronic cigarettes to minors. Both the House of Representative and the Senate adopted a motion to override governor’s veto and the legislature then voted to override the governor’s veto. The bill will go into effect in about a month.

Last month, Nixon was presented with the bill to sign into law that would prohibit sales of vapor products (e-cigarettes) to minors and clarify that vapor products are not subject to the same taxation or regulation as combustible cigarettes.

However, due to pressure from “public health” groups, opted to veto SB 841. The American Cancer Society; the American Lung Association; the American Heart Association; the Missouri State Medical Association; the Missouri Association of Osteopathic Physicians; the Missouri Academy of Family Physicians; the Campaign for Tobacco-Free Kids; and Tobacco Free Missouri had all previously called on Nixon to veto the bill.

The American Vaping Association (AVA), a leading advocate for the health benefits of electronic cigarettes, praised the Missouri Senate for voting to override Nixon’s veto.

“The senate did the right thing in overriding Gov. Nixon’s veto,” said Gregory Conley, AVA’s president. “It is common sense that e-cigarettes should be kept out of the hands of youth and enactment of SB 841 will do just that.”

The Missouri proposal met resistance from Nixon because it also exempts electronic cigarettes from regulations and taxes that apply to tobacco products. The governor said he opposes making the potentially addictive devices free of state regulations.

The AVA had a very different outlook on the situation stating that the governor’s views on e-cigarettes are out of step with the rest of the nation.

“Only two states apply ‘sin’ taxes to e-cigarette sales and only three states define e-cigarette use as ‘smoking.'” Conley said. “These groups have said that unless state legislatures are willing to treat e-cigarettes the same as tobacco, they would oppose other, far more popular legislation such as a ban to minors. They are, in effect, using children as pawns in their war on e-cigarettes. That’s wrong and counterproductive.”

St. Louis-based Bistate Regional Advocates for Vaping Education (BRAVE) said that this important legislation bars children from purchasing e-cigarettes and correctly draws a distinction between vapor products and deadly combustible tobacco.

“This new law sends the message that Missouri is not for sale to heavily funded, special interest, health groups,” said BRAVE Vice President A.J. Moll. “We applaud and thank Senator Wasson and Representative Caleb Rowden, the sponsors of this legislation, for putting Missouri children ahead of tax revenue.”

The actions of the legislature has allowed Missouri to join the majority of states to keep these products out of the hands of minors. It also ensures that these products remain available and free of excess taxation for Missouri adults that recognize vapor products as a safer alternative to combustible tobacco.

Inno-Vape store owner Rodney Greenwalt has a very firm policy that they have held since they first opened their store and have continued to hold it.

“I think it is a very good thing that they overrode the veto,” said Greenwalt. “There had been a couple customers that came in and said some shops had decided they were going to sell to minors since the law hadn’t passed, but we stuck with our policy. I really think the Daily Journal story did a big thing for vaping around here because even if other vape shops around here were selling to minors after the initial story ran and with questions being asked, I think it would have stopped.”

Quality Vapor Manager Eric Erchien said his company doesn’t think minors should be allowed to purchase e-cigarettes so they didn’t sell to minors.

“I think it’s the right thing that needed to be done,” said Erchien. “It’s kind of a double-edge sword. You don’t want younger kids getting on nicotine or tobacco because, in the wrong hands, it could be a gateway to actual cigarettes and if we can prevent that, it should be done. No one wants kids smoking cigarettes but at the same time there is no reason for them to be using electronic cigarettes either.”

The U.S. Food and Drug Administration in April proposed rules to treat e-cigarettes as tobacco products, with rules requiring warning labels and prohibiting sales to those younger than 18. But it could be years before federal regulations are in place.

State Sen. Jay Wasson, R-Nixa, who sponsored the bill, said he added the exemption from state tobacco regulations and taxes because of pushback from the state convenience store association and concerns that a tax wouldn’t pass the Republican ranks. He said restricting young people’s access to e-cigarettes required quick action.