April 14, 2021
To: Florida Senate Rules Committee
From: Americans for Tax Reform
On behalf of Americans for Tax Reform (ATR) and our supporters across Florida, I urge you to support Senate Bill 1080, a pro-taxpayer reform that would protect Florida businesses and consumers from harmful regulations imposed by local governments on reduced risk tobacco alternatives, while establishing appropriate licensure and regulations regarding these products. The preemption provisions included in S 1080 are vital to protect both public health and the economy of Florida.
It is simply good governance that matters of this magnitude be decided at the state level, due to both the level of increased scrutiny, transparency and accountability it provides, but also the direct impact it has on state tax revenue should a product be banned. Retaining regulatory consistency and uniformity throughout the state in terms of tobacco policy will safeguard Florida residents and businesses from poorly thought-out local restrictions and will protect the State Government’s revenue stream in these uncertain times.
It is the fundamental responsibility of state governments to protect their citizens. At times, these threats can come from local government officials. In the instance of tobacco harm reduction policies, local government officials act without the degree of scrutiny and accountability found at the state level. Similarly, lacking the expertise in healthcare policy, local restrictions and levies may act contrary to all available science and data, serving to restrict the ability of smokers to quit smoking with the help of reduced risk tobacco alternatives.
Even if imposed at a city or county level, these regulations would have the capability to negatively impact the entire state. For instance, banning the sale of a certain product could lead to an increase in smuggling and the sale of illicit tobacco, adversely affecting state tax collections while increasing criminal activity. Restricting the use of electronic cigarettes, proven 95% safer than traditional combustible tobacco and twice as effective as more traditional nicotine replacement therapies, would lead to further strains on the state budget due to the healthcare costs incurred by people prevented from using them to quit smoking.
State budgets would also be negatively affected through the forgoing of tax revenue from state income taxes caused by a burgeoning black market, caused by the smuggling of illicit products between different jurisdictions and sold without appropriate state taxes being paid. As such, protecting citizens from these policies is not only the moral thing to do, but also in the direct interest of lawmakers in Tallahassee.
It is important to note that, contrary to some arguments made by opponents of this bill, “local control” at its core is about safeguarding individual liberties and restricting the growth of government; it is not a free pass for cities to do whatever they want. Localities are just as capable of being conduits for heavy-handed laws that will harm citizens. When that is at stake, state action is not only appropriate to safeguard individual freedoms – it is essential.
About E-Cigarettes and Vapor Products:
Traditional combustible tobacco remains one of the leading preventable causes of death in Florida. The negative health effects of combustible tobacco come from the chemicals produced in the combustion process, not the nicotine. While highly addictive, nicotine is a relatively benign substance like caffeine and nicotine use “does not result in clinically significant short- or long-term harms”.
Nicotine replacement therapies such as nicotine patches and gums have helped smokers quit for decades. In recent years, advancements in technology have created a more effective alternative: vapor products and e-cigarettes. These products deliver nicotine through water vapor, mimicking the habitual nature of smoking while removing the deadly carcinogens that exist in traditional cigarettes.
Benefits of E-Cigarettes and Vapor Products:
Vaping has been endorsed by over 30 of the world’s leading public health organizations as safer than smoking and an effective way to help smokers quit.
Just last month, a new analysis by Public Health England demonstrated just how effective vaping is in helping people quit smoking, noting that in just one year, over 50,000 British smokers, who would have continued smoking otherwise, quit smoking with vaping.
Studies have repeatedly shown that flavors, which S 1080 would stop localities from banning, are critical to helping adult smokers make the switch to vaping. Adults who use flavored vapor products are 43% more likely to quit smoking than an adult who uses un-flavored products, according to a recent study from ten of the world’s top experts in cancer prevention and public health.
A University of Glasgow study showed that e-cigarettes particularly help disadvantaged persons quit smoking. Another new study demonstrated that high-strength electronic nicotine products are particularly helpful for smokers with mental health issues quit smoking, like people with schizophrenia who smoke at rates more than three times the national average. Some 40% of participants had stopped smoking traditional cigarettes by the end of 12 weeks and researchers observed an overall, sustained 50% reduction in smoking or complete smoking abstinence in 92.5% of participants at the end of 12 weeks. S 1080 will have a tremendous impact on public health and would decrease socioeconomic disparities significantly as it will prevent localities from prohibiting life-saving treatment.
Evidence demonstrates that flavors play no role in youth uptake of vaping. Academic studies have found that teenage non-smokers “willingness to try plain versus flavored varieties did not differ” and a mere 5% of vapers aged 14-23 reported it was flavors that drew them to e-cigarettes. National Youth Tobacco Survey results have shown no increase in nicotine dependency among youths since flavored products entered the market.
Vapor products would save more than 435,000 lives if a majority of Florida smokers made the switch to vaping, extrapolating from a large-scale analysis performed by leading cancer researchers and coordinated by Georgetown University Medical Centre.
S 1080 would protect consumers and businesses across Florida, ensure state tax collections are not depressed by misguided local regulations, and would prevent a patchwork of ordinances that would make Florida a more expensive place to do business, all while also damaging public health. It is imperative for state lawmakers to use their power to safeguard their constituents from harmful policies. As such, I urge you to support and vote Yes on Senate Bill 1080.
Please do not hesitate to contact me if you have any further comments,
Director of Consumer Issues
Americans for Tax Reform
Note: Similar testimony was submitted to the Florida House of Representatives for the companion bill S 987