As the Washington State Legislature prepares to begin its session, a bill seeking to ban the sale of flavored tobacco and nicotine products has been pre-filed for consideration.
HB 1203 uses much of the familiar language to define a flavored tobacco product, and it includes menthol products, which have been a contentious addition to similar bills in other states. The bill is particularly interesting because it introduces a fairly new term to the legislative lexicon: entertainment vapor product. The bill defines that as any vapor product that has interactive gaming or entertainment features including, but not limited to, allowing a user to play music or audio, display photos or video, play virtual games, or display other animations on the device.
A this time, there is no exemption for any type of flavored cigars.
The bill will require the state’s Department of Health to develop, implement and maintain a campaign to discourage the use of flavored tobacco products while educating the public about the health risks of using such products. It also requires the liquor and cannabis board to adopt rules to educate retailers, distributors and manufacturers to the proposed law.
Retailers will be subject to monetary penalties for violating the proposed ban, starting at $200 for the first violation within any three-year period and topping out at $3,000 for the fourth or subsequent violation within any three-year period, while third and fourth violations within a three-year period will also come with suspensions of their sales license.
The bill is sponsored by eight representatives:
- Rep. Kristine Reeves, D-30
- Rep. Debra Entenman, D-47
- Rep. Greg Nance, D-23
- Rep. Strom Peterson, D-21
- Rep. Gerry Pollet, D-30
- Rep. Cindy Ryu, D-32
- Rep. Monica Jurado Stonier, D-49
- Rep. Julia Reed, D-36
Should the bill be approved as currently written, it would go into effect on Jan. 1, 2026.