I had the pleasure yesterday of testifying before the Rhode Island Senate Finance Committee on bill S543, introduced by Senator DiPalma, which would create an exemption in the state's current an on the sale of flavored e-cigarettes to allow the sale of these products at adult-only (21+) vape shops. Here is my written testimony:
Written Testimony of Michael Siegel, MD, MPH on Bill S543
Allowing Vape Shops to Sell Flavored E-Cigarettes
Professor, Tufts University School of Medicine
March 30, 2025
Dear Members of the Senate Finance Committee:
I am a physician and a professor in the Department of Public Health and Community Medicine at the Tufts University School of Medicine. For the past 35 years, I have been a tobacco control researcher and anti-tobacco advocate. I played a major role in lobbying across the United States for 100% smoke-free bar and restaurant regulations. In fact, as a student at Brown University, I wrote and lobbied for the first smoke-free workplace law in Rhode Island, which the legislature enacted in 1986. I have also testified as an expert witness for plaintiffs in eight different lawsuits against the tobacco industry, including the infamous Engle case which resulted in an unprecedented $145 billion verdict against the cigarette companies. I have published nearly 100 peer-reviewed journal articles relating to smoking and tobacco use. In short, I am a long-time, committed anti-tobacco researcher and advocate.
Today, I want to call your attention to one particular age group of Rhode Island residents who are using flavored e-cigarettes in record numbers. In fact, the use of flavored e-cigarettes and vaping products is running rampant among this age group throughout the country. A recent survey of this age group revealed that 71% of those who vape prefer flavored e-cigarettes, including 61% who use fruit, candy, sweets, chocolate, clove, spice, herb, or alcohol flavors.[1] I estimate that approximately 50,000 Rhode Island residents in this age group were using flavored e-cigarettes prior to the ban which went into effect on January 1 of this year.[2]
If you think we’re talking about teenagers, think again. The study in question was a survey of adult vapers in the United States; specifically, adult ex-smokers who had quit successfully using e-cigarettes and who are currently relying upon these products to keep them from returning to cigarette smoking.
National estimates suggest that there are at least 5 million adult vapers who rely upon e-cigarettes to keep themselves off highly addictive and deadly tobacco-burning cigarettes.[3] And most of these former smokers are reliant upon flavored e-liquids, because the whole point of vaping for adult smokers is to get away from the taste of, and dependence on tobacco.
It is true, of course, that a worrisome proportion of youths are vaping, and most of them — like their adult counterparts — enjoy flavored, as opposed to tobacco-tasting, e-liquids.
But even more worrisome is that in an effort to address the problem of youth vaping, the state legislature has thrown the state’s former smokers who rely upon e-cigarettes to keep them off real cigarettes under the bus by banning the sale of practically all e-cigarettes while allowing the real cigarettes to remain on store shelves.
Here’s the problem: While youth vaping, and especially the use of flavored products, is a serious problem, the reality is that youth are not the only ones who use these products. E-cigarettes are responsible for at least 5 million former smokers having quit smoking completely. If these products remain off the shelves in Rhode Island much longer, it will likely cause a large number of them to return to smoking because it is now much easier for them to just pick up a pack of Marlboros in Rhode Island than to continue purchasing the e-cigarettes that were keeping them from returning to smoking.
A study published in the New England Journal of Medicine found that e-cigarettes are twice as effective as the nicotine patch in helping smokers quit completely.[4] These products are truly a life-saver for literally millions of former smokers. And most of these former smokers prefer flavored products. Research has demonstrated that flavored e-cigarettes are much more effective than unflavored (i.e., tobacco-flavored) e-cigarettes in helping smokers to quit.[5]
The law that went into effect on January 1 eliminated the sale of more than 95% of e-cigarettes. However, it allowed the sale of 100% of real cigarettes to continue unabated. This means that it has now become much easier for both youth and adults in Rhode Island to get access to a Marlboro than to a cherry vape. What possible justification is there for eliminating the sale of fake cigarettes, but allowing the real ones to continue to be sold?
Not only will this likely result in many former smokers going back to smoking but it may also lead to many youth figuring out that it is much easier for them to smoke than to try to track down an e-cigarette. In fact, several recent studies have demonstrated that in states that banned flavored e-cigarettes, youth smoking rates have actually increased compared to states that still allow flavored e-cigarettes to be sold.[6]
The last thing in the world that we should be doing is to give tobacco cigarettes, which kill more than 400,000 Americans each year, a competitive advantage over fake (electronic) cigarettes, which contain no tobacco, involve no combustion, are much safer than combustible cigarettes, and whose use has not been implicated in a single death despite 15 years on the market.
My message to you today is that there is simply no public health justification for banning electronic cigarettes but allowing combustible tobacco cigarettes to remain. The law that went into effect on January 1 is inconsistent with the protection of the public’s health and has no public health justification. What possible justification can you give for removing e-cigarettes from stores, but allowing those very same stores to sell Marlboros and Camels, two of the most dangerous consumer products in history?
If you really want to protect the public’s health and are sincere in wanting to reduce tobacco-related disease and nicotine addiction, then there is an option that is readily available: continue to restrict the sale of all flavored nicotine-containing products at most stores but allow adults over the age of 21 to purchase flavored e-cigarettes at adult-only vape shops, which have a strong track record of preventing youth access. This would allow vaping products to compete with cigarettes on a level playing field, avoid the incentivization of former smokers to return to smoking, and protect youth from easy access to vaping products, all at the same time.
This is exactly what S543 would accomplish. I urge you to set an example for states across the nation by allowing the sale of flavored e-cigarettes to adults in 21-and over vape shops so that Rhode Island smokers will continue to have access to a life-saving product that is helping tens of thousands of Ocean Staters to remain off deadly tobacco cigarettes.
[1] Leventhal AM, Dai H. Prevalence of flavored e-cigarette use among subpopulations of adults in the United States. Journal of the National Cancer Institute 2020;113(4):418-424. https://doi.org/10.1093/jnci/djaa118.
[2] Based on data from Truth Initiative, April 5, 2024. https://truthinitiative.org/research-resources/smoking-region/tobacco-use-rhode-island-2023.
[4] Hajek P, et al. A randomized trial of e-cigarettes versus nicotine-replacement therapy. New England Journal of Medicine 2019; 380:629-637. https://www.nejm.org/doi/full/10.1056/NEJMoa1808779.
[5] Li L, Borland R, Cummings KM, et al. How does the use of flavored nicotine vaping products relate to progression toward quitting smoking? Findings from the 2016 and 2018 ITC 4CV surveys. Nicotine & Tobacco Research 2021;23(9):1490-1497. https://doi.org/10.1093/ntr/ntab033.
[6] Friedman AS, Pesko MF, Whitacre TR. Flavored e-cigarette sales restrictions and young adult tobacco use. JAMA Health Forum 2024;5(12):e244594. https://doi.org/10.1001/jamahealthforum.2024.4594.