The Bangor City Council, in the U.S. state of Maine, met Monday evening and decided in a 6 to 1 vote to instate an ordinance to ban the sale of flavored tobacco products for a second time.
The ordinance will prevent the sale of all flavored tobacco products, including e-cigarettes and menthol-flavored products, citywide. According to the city council’s meeting agenda, the ordinance will prevent the sale, display, marketing, and advertising of flavored tobacco products, according to News Center Maine.
The city previously banned flavored tobacco products back in October but repealed its decision earlier this year after a procedural error.
If broken, the ordinance also imposes a fine between $50 and $100 for the first violation within a 24-month period and $300 and $1,000 for each subsequent offense within those 24 months.
The Bangor City Council plans to repeal an ordinance that would have implemented a ban on flavored tobacco sales in the city.
Bangor initially approved the ban back in October. It was set to go into effect June 1, but during a meeting on Monday, city officials said they did not give businesses enough warning about the new law.
City officials were required to give businesses at least 30-days’ notice, which they reported did not happen, according to News Center Maine. Because of that, officials said the ban would be difficult to enforce and could even open the city up to possible lawsuits. The city council was not sure why the notice never happened.
Councilors can still pass a new ordinance in the future. Bangor was the first community in Maine to approve a ban on flavored tobacco. Portland and Brunswick also have bans that are set to start June 1.
A proposal for a statewide ban on flavored tobacco is still working its way through the Maine Legislature.
The Portland City Council in the U.S. state of Maine voted unanimously Monday night to ban flavored tobacco products come June.
On Monday night, city councilors unanimously approved a ban after hours of testimony. Among those who spoke were several tobacco retailers, who argued that the ban would hurt their business, while customers would simply travel to other towns to purchase flavored products.
The council said this ban is only a step in the right direction. This makes Portland the second Maine city to ban flavored tobacco products, following in the footsteps of the Bangor City Council. The Bangor ban takes effect on June 1. The town of Brunswick plans to consider a ban later this month.
Maine lawmakers are also looking at a potential statewide ban of flavored tobacco. A bill about the subject is expected to come up for a vote sometime this spring, according to the Associated Press.
The city of Bangor, Maine has banned flavored vaping products, including e-cigarettes. The Bangor City Council voted 7-1 in favor of the ban, which will not go into effect until after the Maine Legislature reconvenes next year. The ordinance bans the sale and marketing of all flavored tobacco products in the city — including menthol cigarettes and e-cigarette flavors that have a taste or smell besides tobacco — beginning on June 1, 2022.
Credit: Ianm35
While the amended ordinance falls short of the pre-session ban that advocates hoped would spur the Legislature to action on a statewide prohibition on the sale of flavored tobacco, it is a strong gesture for a council with many members who believe the flavored tobacco issue was better solved at the state level, according to Maine Public Radio.
Opponents and supporters saw the Bangor vote as an important step in the fight to ban the sale of flavored tobacco at the state level. That bill, LD 1550, was reported out of committee earlier this year but had not come to a vote before the end of this year’s legislative session.
Many opponents brought up the contents of messages the National Association of Tobacco Outlets requested under Maine’s Freedom of Access Act that they said showed an effort by Bangor councilors, especially Councilor Sarah Nichols, to not include the voices of merchants in the process of crafting and debating the ordinance. Many of the exchanges are text messages between Nichols and Matt Moonen, who had brought the proposal to ban flavored tobacco to her. Moonen is the executive director of Equality Maine.
Earlier Monday, the New England Convenience Store and Energy Marketers Association had called for the council to suspend decisions on the tobacco ban and evaluate how councilors had acted. Sprague, one of several councilors to turn back those arguments, said such allegations had ultimately hurt the opponents’ case.
“The comments about the process and how the city has not supported open dialogue are insulting, if not repulsive,” Sprague said. City Council Chair Dan Tremble was the only councilor to vote against the ordinance. Nichols did not directly respond to statements about her during the meeting, though she referenced them in her remarks on why she supported the ordinance.
Retailers who continued to sell or market flavored tobacco products after the ordinance took effect would first face a warning, and then a $50 to $100 fine for their next offense within a two-year period after the warning. A fine of $300 to $1,000 would then be levied for each additional offense within that two-year period.
