Senator makes pitch to start taxing e-cigarettes as a way to reduce teen usage

Feb. 22, 2023, 4 p.m. ·

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The use of electronic cigarettes (e-cigs) is on the rise. But what makes them attractive to smokers, may also get them in hot water with legislators. (Photo by Ryan Robertson, NET News)

With usage of e-cigarettes “exploding” among teens, it’s time for Nebraska to begin imposing a state excise tax on vaping products,  a state senator told a legislative committee Wednesday.

“It’s super addictive,” said State Sen. Jana Hughes of Seward, who called it “hooey” that vaping was safer than smoking cigarettes.

“These are addictive products that are designed so that the consumer continues to purchase them,” Hughes told members of the Legislature’s Revenue Committee.

Nebraska is one of 20 states that do not, as of Jan. 1, impose an excise tax on vaping products, according to the Urban Institute.

Hughes said all other products containing nicotine must pay an excise tax. Nebraska, for instance, imposes a 64-cent per pack excise tax on cigarettes.

Her Legislative Bill 584 would impose an excise tax of 5 cents per milliliter of consumable vaping material, though the senator said she is working on an amendment that would make the tax a percentage of the sales price, perhaps 20%.

‘First step’ in curbing use

Taxing vaping products, Hughes said, would be a “first step” in addressing the growing use of e-cigarettes by teens. It would also generate about $1.5 million in tax revenue per year.

A 2021 survey by the Nebraska Department of Health and Human Services found that e-cigarette use by teens in grades 9-12 has increased from 9% in 2015 to 14% in 2021 and that popular flavors used by youth include fruit, menthol and mint.

A DHHS official testified Wednesday that use among adults is also on the rise, growing from 3.8% in a 2017 survey to 5.9% in 2020.

Dr. Roger Donovick of DHHS said that many e-cigarette users get more nicotine via vaping than they would from a traditional cigarette, and that vaping is just as addictive.

‘Vape detector’ in school

Hughes read a letter from the superintendent of the Seward Public Schools stating that the district had installed “vape detectors” in bathrooms to curb vape use.

Purveyors of vaping products testified against LB 584, maintaining that vaping was safer than smoking cigarettes.

The Revenue Committee took no action on the bill after Wednesday’s public hearing. Hughes did say that she’s considering making the measure her priority bill.

“The status quo is unacceptable, and doing nothing is unacceptable,” she said.