H.B. 265 Non-nicotine Inhalation Product Amendments: transcript

Thank you Mr. Chair. Uh, Mr. Chair. Uh, today I appreciate the opportunity to present HB 2 65 and explain why this bill is a necessary step, uh, forward to keep Utah's work for public health, especially for the health of our kids. Um, over the past several years, Utah has taken significant bipartisan action to regulate electronic cigarettes, particularly flavored vapes that disproportionately attract youth. Most notably, during the 2024 legislative sessions, um, this body passed legislation led by Senator Brady Grammar that created Utah's electronic C cigarette product Registry and Strength and Enforcement against Flavor and unauthorized vape products. Um, what this bill is, is a bill to clean up a a few loopholes. Um, it is important to note that harming, uh, that that vaping is harmful, whether it's nicotine or not. Vaping is also not harmless in any form. The US Surgeon General and the National Academies of Sciences have concluded that e-cigarettes expose users to toxic chemicals, heavy metals, ultra fine particles, and volatile organic compounds. Studies consistently show increased risk of asthma, COPD, cardiovascular harm, cellular damage. So, um, why am I here today? Uh, youth are especially vulnerable to these products. 85% of youth who use e-cigarettes use flavored products. Over four out of five young adults who have ever used tobacco started with a flavored product. The problem before us today is that as we've moved to regulate these products in recent years, um, industry has just gotten smarter and gotten out ahead of us a little bit. As flavored nicotine products have come under scrutiny, we are now seeing a surge and non-nicotine vapes marketed as healthy, natural and wellness products, including CBD vapes. There's no scientific evidence that wellness vapes provide health benefits. In fact, making health claims like improved focus, asthma relief or cancer treatment is illegal. And Mr. Chair, if you're having trouble sleeping at night, yes, rest assured you can get melatonin and vape form. Um, even more concerning, um, research shows that vaping CBD causes greater lung inflammation and oxidative stress than, uh, than vaping nicotine. So what does HB 2 65 do? First, it extends Utah's existing product registry to cover non-nicotine inhalation products and substances, ensuring that nicotine free does not mean unregulated. Second, it creates meaningful enforcement escalating civil penalties for retailers who sell unregistered products, permit revocation for repeat violators and strong guardrails to prevent bad actors from simply reopening under a new name. Third, the bill draws a bright line. In Utah, ingestible or topical cannabinoid products are treated one way cannabinoids delivered through electronic cigarettes are treated differently. HB 2 65 makes the sale of cannabinoid vapes illegal outside Utah's medical cannabis framework targeting illegal distribution, not lawful medical use. Finally, the bill ensures manufacturers meet FDA standards and provide evidence that products sold in Utah are authorized for interstate commerce. Why this matters at its core, HB 2 65 is about consistency, clarity and protection It builds on the work this legislature has already done. It keeps pace with an evolving industry and it sends a clear message that Utah will not allow misleading health claims or regulatory loopholes to put public health at risk. I respectfully ask for your support of HB 2 65 and happy to answer any questions.

Har Brown, um, I represent myself, but I do serve on the youth committee for, uh, e-cigarette, e-cigarettes, marijuana, and other drug prevention. And I'm in support of this bill. It really does build upon the work of, uh, Senator Plums, SB 61 a few years ago, because we really do need the structure and the protection that's in this bill. So these products really don't, uh, appear on our shelves. So right now we do have CBD, uh, flavored vapes that really we don't want there, these products as the, uh, good Representative Thompson has said, they're really not regulated and we really need to be behind the FDA screen of regulated products. And, uh, I urge your support of, uh, this bill. Thank you.

Thank you. Walter Plum, Druge Utah. We've been involved with, uh, Representative Thompson from the beginning on this bill, and I think it's an exceptional bill that's well needed. And as already stated, as of 2026, scientific consensus indicates there are no proven health benefits from vaping, vitamins and minerals, dietary supplements, and CBD oil. So we're strongly in favor of this bill.

Thank you Gail Zeki with Utah Eagle Forum. And, uh, I also am, uh, speaking in favor of this bill. It's just been interesting as in the last few years, how each time we think we've done the something that's gonna put all this, uh, to an end, and here we are back again. Uh, I don't, I'm, I'm, I'm just curious as what's gonna happen after this one. What, what are we gonna do next year? I hope that this will finally, you know, protect. I just care about protecting the kids from this and, and also truth, you know, having, having true information out there and making sure that it stays that way. So please vote. Yes. Thank you.

Okay. Welcome me, Mercedes Franson. Hi, my name is Mercedes Franson. I'm a senior at Bear River High School and a member of the Governing Youth Council. But I'm here today as a private citizen. Um, I heard about these nicotine free vapes and I immediately thought of my friends and peers who saw these tags and thought that meant they were safe. Um, but they still have all the same harmful chemicals as normal vapes, including vitamin, vitamin e acetate, which is the main compound that was linked to the Aval outbreak of 2021. Um, also they're claiming health benefits to target youth, and there's no evidence that you can absorb vitamins by inhaling them. Um, there's also, it's also a gateway behavior, so it makes kids way more likely to start vaping normal vapes and smoking things like that. Um, I think that all people in Utah, but especially youth, deserve to be told the truth on things that pertain to their long-term health. Um, especially things like this. So I love this bill and thank you for having me today.

Um, thank you Mr. Chair. Make a motion that we favorably recommend first substitute HB 2 65. And I know there's a lot of PTSD from some of my colleagues on, on this issue. I got, I got you. I hear too. Yeah. Oh, second sub. Got it. So second substitute HB 2 65. And as someone that's been, you know, doing the medical cannabis for years and to your point, uh, Mr. Chair, I think this is one that we will probably see a, a bill every year. Um, some of the big hits in the biggest, um, we carried some of the biggest pieces like, um, Senator Plumb and others. This is moving us in the right direction. More protection for, especially for our youth on educating them on the correct stuff that's in there is critical. So, um, this is a great bill. Thank you.

PF. Thank you, Mr. Chair. Um, Mr. Chair Committee. I have Crystal Dent with DHHS here. Um, this bill is a little bit technical, um, in detail. Uh, I want to explain, um, the origin of this bill. Um, right after being elected, I had the opportunity to meet with the Bear River Health Department's Youth Council. And guys, I was blown away by this youth council and their engagement, their involvement, their concern for other students, and for their community. I actually met with him here on the hill the other day. There were 22 of 'em, but they brought this, um, um, brought these concerns to me. And, um, I ran a bill. This bill actually died, um, uh, on the board, um, last session. I think there were two bills ahead of it before the clock struck midnight. So, I appreciate the opportunity to present HB 2 65 and explain why this bill is a necessary step in Utah's work to protect public health, especially our kids. So over the last several years, Utah has taken significant bipartisan action to regulate electronic cigarettes, particularly flavored vapes that dis disproportionately attract youth. Most notably, during the 2024 legislative session, this body passed legislation led by Senator Brad, uh, Brady, Brady Brammer, that created Utah's electronic cigarette product registry and strength and enforcement against flavored and unauthorized vape products that bill aligned Utah law with federal FDA standards requiring manufacturers to sur certify the regulatory status of their products, and gave the state and local health departments real tools to enforce the law that legislation has been effective. It reduced the number of illegal flavored nicotine, nicotine vapes on the market, and sent a clear message. Utah will not allow loopholes that puts our kids at risk. But as regulator regulators close one door, the industry often looks for another vaping is harmful in any form. The US surgeon General and national, um, academies of sciences have concluded that e-cigarette e-cigarettes expose users to toxic chemicals, heavy medical, uh, heavy metals, ultra fine particles, and volatile organic compounds. Studies consistently show increased risk of asthma COPD, cardiovascular harm and cellular damage, even when controlling for cigarette smoking. Importantly, the two primary ingredients in most vape liquids, uh, propylene glycol and vegetable glycerin are toxic to cells. And toxic toxicity increases as more ingredients and flavorings are added. And youth are especially vulnerable as flavored nicotine products have come under scrutiny. We are seeing a surge in non-nicotine vapes marketed as healthy, natural and wellness products, including CBD vapes members of the committee. If you're feeling a little under the weather, rest assured you can get your vitamin C in vape form. If you need a little bit of B12 or a little bit of vitamin D during the winter, you can get it in vape form. There is no scientific evidence that wellness vapes provide health benefits. In fact, making health claims like improved focus, asthma relief or cancer treatment is illegal, and they are flat out false. Even more concerning. Research shows that vaping CBD causes greater lung inflammation and oxidative stress than vaping nicotine under heat and oxidative conditions. Exactly what happens during vaping. CBD can convert into C-B-D-Q-A highly toxic compound known to destroy human tissue. These products are widely available in gas stations and convenience stores, often flavored and easy to conceal. When these products are sold without oversight, they undermine prevention messaging and prevention messaging and create the false impression, especially for youth that vaping can be safe or even healthy. So what does HB 2 65 do? First, it extends Utah's existing product registry to cover non-nicotine inhalation products and substances, ensuring that nicotine free does not mean unregulated. Second, it creates meaningful enforcement escalating civil penalties For retailers who sell unregistered products, permit revocation for repeat violators, strong guardrails to prevent bad actors from simply reopening under a new name. Third, the bill draws a bright line in Utah for ingestible or topical Kanab Kanab cannabinoid products are treated one way and cannabinoids delivered through electronic cigarettes are treated differently. HB 2 65 makes the sale of cannabinoid vapes illegal outside of Utah's medical cannabis framework targeting illegal distribution, not lawful medical use. Finally, the bill ensures manufacturers meet FDA standards and provide evidence that products sold in Utah are authorized for interstate commerce. Why this matters at its core, HP 2 65 is about consistency, clarity, and protection. It builds on the work this legislature has already done. It keeps pace with an evolving industry, and it sends a clear message that Utah will not allow misleading health claims or regulatory loopholes to put public health at risk, especially the health of our youth. I respectfully ask for your support of HB 2 65, and I'm happy to answer any questions the committee may have.

Uh, thank you, Mr. Chair. Uh, and I, I think you satisfied this in, in your presentation, but, uh, just to clarify that the cannabinoid, I guess, cannabinoid can cannabinoid, cannabinoid. I've heard it like five or six different ways. It's however you wanna pronounce it, but I know what you're saying. K Yeah. Yeah. Batman. There you go. Cannabinoid. Um, sorry, I'm having too much fun over here. Um, and so, like th this, this, this regulatory framework I is, is completely separate from the, um, the, the medicinal marijuana framework. They, the, the, the two don't overlap.

That is exactly correct. The, the, the language of the bill separates the 2 1 1 is a permissible use. The other is, is now would be, um, prohibited. Correct.

That answers my question. Thank you.

Uh, legislators, uh, I'd like to congratulate, um, Representative Thompson on a much needed bill. I'm Walter Plum from Drug Safe Utah. Uh, we've analyzed this bill. It addresses T two issues. One, the so-called wellness drugs and also CBD vaping. We're a hundred percent in favor of this bill. Thank you. Thank you.

My name is Jen Brown. I'm with Safe Drug Utah as well. And we again, want to thank the sponsor for his work on this bill. And as a mother of five boys, I am very much supporting this bill and supporting these efforts to protect the youth in Utah. Thank you.

Hi, my name is Mercedes Branson. I am a senior at Bear River High School in Garland, Utah. And I just am so grateful to, um, Representative Thompson for listening to our council when we were talking to him. Um, I, um, under Utah Code seventy six, ten one oh five 0.1, all tobacco, electronic cigarette and nicotine products must be sold through direct face-to-face exchange to verify age. And now companies are using this nicotine free tag to bypass the age requirement flavor ban and in-person cell laws. Um, not only are they claiming health benefits, um, which there's no evidence that that is happening, and it's actually the opposite, but it is a gateway behavior that encourages youth to start vaping normal nicotine vapes, and it creates a false sense of security around these products. They also contain vitamin E acetate, which is the main, um, ingredient linked to the a valley outbreaks, um, that happened with previous vapes. Um, and I think that all citizens of Utah, and especially youth, deserve to be told the truth about the impacts that products have, that products like these can have on their long-term health. And not only that, but we should be regulating them the same as other products because they are so harmful. And thank you for your time.

Thank you, Mr. Chair. Oh, testing one, two. Thank you, Mr. Chair. Uh, representative, I keenly remember this bill from last year. I completely misunderstood it. I voted against it. I was the only no on the board. And then after, uh, that passed, I reread your bill and realized I completely misunderstood it. And I'm very embarrassed to this day about that. I'm glad that you have this so I can make it up to you. I want to move favorably, uh, substitute one, the amendment, and then I want to move to, uh, favorably recommend the whole bill. We'll,

Oh, I, um, no, I, I appreciate it. No, no other comment from

Oh, no. I'll, I'll waive. Okay. That's Good. Uh,

I move the amendment, We're gonna move the amendment, um, amendment one, not just any amendment. The first amendment. That's what it is.

Uh, I, I don't have any, I just for, for clarification, these were all, um, this amendment is, is basically all technical language. We were just wanting to make sure that we were buttoning everything up. I'm making sure that we weren't leaving any kind of, um, uh, language that can, could create a loophole or, or not be certain. So, um, yeah, it was just cleaning up language. And appreciate your support in the amendment.

I move that we, uh, favor. Oh, can, can I still do it? Yes.

You, Mr. Chair. Uh, I move that we, uh, favorably recommend house Bill 2 65, uh, to the house floor for their consideration.

the sponsor. Yeah, I, I just really appreciate the committee support. Um, we'll probably be back with another cleanup bill next year. Um, as industry, uh, adjust does some adjusting and adapting to regulation to find new, um, exciting products they can present to us. So we'll just stay on top of it. Appreciate the committee support.

for its consideration. Madam Reading Clerk First substitute house bill 2 65 non-nicotine inhalation product amendments by Representative Thompson. This bill was heard in Economic Development and Workforce Services with the vote of 8 0 2.

Thank you, Mr. Speaker. Um, today before us, uh, we have House Bill 2 65. Um, the first substitute, um, our state, um, for, for a long time has made protecting our children one of its top priorities. Um, uh, whether that's ai, whether that's pornography, um, uh, gambling, whatever it may be, we take these issues on because being, um, uh, out there in front for our children is our number one priority. What HB 2 65 does is it builds on progress that we have already made as a body, um, over the past couple years, if, uh, if you'll remember back to 2024, uh, uh, Senate Bill 61, uh, was passed that did some pretty important things that limited legal flavors, uh, to tobacco and menthol. Um, it directly targeted youth, uh, attractive flavor pipeline. It created a state, uh, PMTA registry, um, and required that products must show that their FDA authorized or pending PMTA review. So what essentially happened with Senate Bill 61 is it created a state level enforcement of a federal regulatory pathway. So the big policy direction from this bill was a shift from reactive enforcement, uh, to pre-market to a pre-market authorization model, and also a shift from product by product chasing to system level gatekeeping. So what, uh, as House Bill 2 65 does is it extends the same framework beyond nicotine. It covers non-nicotine inhalation products, it covers cannabinoid inhalation products, and it closes next generation loopholes. Uh, now, Mr. Speaker, if you've had a long day here at the Capitol and you go back to your home or your hotel and you have trouble sleeping, you can now buy melatonin and vape form. Uh, I was sick last week, so my wife provided me with a whole bunch of vitamins. Um, so guess what, she could have brought me vape form vitamin B12 or vitamin C. And, um, these products have been coming online, uh, more rapidly. And, uh, what my build seeks to do is it seeks to get out ahead of these very predatory and innovative companies. Uh, it extends, also expands the, the registry that's already been put in place to include non-nicotine inhalation products, um, and, and requires them to be on the registry. Um, non-nicotine in inhalation substances must also be on the registry. And if you don't have a registry listing, you can't legally sell it in the state of Utah. So what are the big structural policy shifts in, uh, in this legislation? Number one, it's a registry based market authorization model. Uh, we are aligning fate, uh, state and federal regulatory alignment. We're moving enforcement to earlier in the supply chain and we're adding a criminal backstop for illicit cannabinoid, um, uh, vapor market. So with that, Mr. Speaker, I'm, um, willing to take any questions.

So in 2024, this body passed legislation by the Good Senator Plumb and a representative who shall not be named, that created Utah's electronic cigarette product registry and strengthened enforcement against flavored and un unauthorized vape products. And this legislation has been effective. It created a registry for, um, um, for a lot of our vaping products. And what this is doing is it's shutting one of the holes that was, uh, that then the industry pivoted to. So some of the things that this does, uh, would be primarily there are these flavored products that are marketed as healthy vape products, natural or wellness. There's no evidence that they do anything healthy or wellness, you know, delivering hot particles into your lungs has not been a good recipe for success in our world. So, um, the under heat and oxidative conditions, what they're doing is they're putting CBD into vaping products and they're putting other flavored products into it. And so, um, what this does is, number one, it extends Utah's existing product reg registry to cover non-nicotine inhalation products and substances. Uh, ensuring that nicotine free does not mean unregulated. Uh, number two, it cre it, it puts these into our enforcement mechanism. And number three, it draws a bright line for CBD products. And what I mean by that is the ingestibles and the topical Kanab cannabinoids, those are treated under our medical marijuana and, and CBD regulatory framework. However, the, those that are delivered through electronic cigarettes are treated under our vaping framework. And so it creates that distinction. Um, this is building on the work that the legislature's already done to keep pace with an involving industry. And really what it's saying is we're not going to allow misleading health claims and loopholes to put the health of particularly the youth at risk. And with that, I'm open to any questions.

Mr. President, I appreciate the, you know, the sponsor, you know, speaking with me before the presentation and just wanna clarify too that, uh, THC is not allowed to be, uh, combust used in any combustible form in the state. So I I'm sure he and I know that he made that clear and, and so we just have to be, so you need to separate the difference between CBD and THC and he has done a good job with that, so I appreciate it.

Thank you Mr. President. This bill is a reification bill, uh, of it was brought to the government, uh, operations from the Lieutenant Governor's office during interim. So basically, I'll just give you the highlights. It centralizes, uh, election notices, aligns candidate filing periods, converts deadlines to business days, ballot nutrition, uh, neutrality in which,

Thank you Mr. Speaker. Motion to concur with Senate.

I would like to speak to it. We're just a very minor change, um, recommended by the Department of Agriculture. Just a couple words, um, to, uh, um, refer to cannabinoid substances that are intended for use in electronic cigarettes. That's it. To tighten up the language.