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S 1528

Establishes a tax on carbon-based fuels

2025 Regular Session Introduced by Joe Addabbo and 11 co-sponsors

The bill rewrites law to regulate flavored tobacco and ENDS, bans most flavored sales (with exceptions), and caps nicotine at 35 mg/mL.

REFERRED TO BUDGET AND REVENUE
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Bill Summary · S 1528

Summary — S.1528: "An Act repealing the state menthol ban" (CHILD Act of 2025)

Status and key dates
- Introduced in the Massachusetts Senate: 2025-04-30 (Senate Docket No. 882 / Senate No. 1528).
- Referred to Committee on the Judiciary and Committee on Public Health; hearing(s) held/rescheduled July 14, 2025.
- Committee on the Judiciary reported the bill without amendment (7/24/2025; placed on Senate Calendar under General Orders, Calendar No. 128 on 7/28/2025).
- Effective date if enacted: July 2026.
- Department of Revenue must report tax-impact findings by July 2027.

Purpose and overview
- Despite the bill’s short title (“An Act repealing the state menthol ban”), the bill text replaces and rewrites sections of chapter 270 (sections 28 and 29) to establish a new regulatory framework for flavored tobacco products and electronic nicotine delivery systems (ENDS). The rewritten provisions (collectively styled the “Comprehensive Health and Integrity in Licensing and Documentation Act of 2025” or the CHILD Act of 2025) both define and restrict sales of flavored products and cap nicotine concentrations in ENDS.

Key provisions
1. New definitions (Chapter 270, §28)
- Defines “characterizing flavor” broadly to include tastes/aromas other than tobacco (explicitly lists fruit, chocolate, vanilla, candy, menthol, mint, wintergreen, herbs, spices, etc.).
- Defines “electronic nicotine delivery system” (ENDS), “flavored ENDS,” “constituent,” “smoke constituent,” “manufacturer,” “retailer,” “retail establishment,” and “electronic nicotine delivery system flavor enhancer.”

  1. Prohibition on sales and distribution (§28(b))

    • Prohibits any person, retailer or manufacturer from selling, distributing, or offering for sale any flavored tobacco product or tobacco product flavor enhancer in retail establishments, online, or by other means to consumers in the Commonwealth.
    • Exceptions: (i) sales by a smoking bar (for on-site consumption), and (ii) tobacco products that have received a marketing/authorization order from the U.S. Food and Drug Administration under 21 U.S.C. §387j or §387k(g).
    • Allows sales of flavored ENDS to consumers located in other states.
    • Manufacturer statements that a product “has or produces a characterizing flavor” serve as presumptive evidence the product is flavored.
    • Violations are subject to the same fines as violations of section 6 (amounts are not specified in this text).
    • Marijuana and marijuana products (per chapter 94G definitions) are excluded from this section.
    • DPH may promulgate implementing rules/regulations.

  2. Nicotine concentration cap (Chapter 270, §29 amendment)

    • Prohibits sale of ENDS with nicotine concentration greater than 35 mg/mL.
    • Exemptions: retail tobacco stores and smoking bars; products with FDA marketing authorization.

  3. Tax impact study (Section 3)

    • Department of Revenue to study and report by July 2027 on the law’s impact on Commonwealth tax revenues, comparing effects of Chapter 133 of the Acts of 2019 and this Act over an appropriate time span.

Who would be affected
- Retailers, manufacturers, distributors, and online sellers of flavored tobacco products and ENDS in Massachusetts.
- Consumers seeking flavored vaping products (including menthol/mint).
- Retail tobacco stores and smoking bars (they retain limited exemptions).
- Department of Public Health (regulatory authority) and Department of Revenue (required to study revenue impacts).

Notable points and potential impacts
- The text treats menthol explicitly as a “characterizing flavor” and prohibits sale of flavored products subject to specified exemptions — which appears at odds with the bill’s title suggesting repeal of a menthol ban. The summary reflects the operative text rather than the short title.
- New nicotine cap (35 mg/mL) could change product availability and formulations in the state (with specified exemptions).
- The fiscal study signals legislative interest in measuring revenue consequences of these changes.
- Enforcement details (fine amounts) are linked to existing section 6 penalties and would follow established enforcement practices once implemented by DPH.

Sponsors and related measures
- Sponsors listed: Richard J. Durbin (primary), with cosponsors Chuck Grassley, Jon Ossoff, Christopher A. Coons (note: these names are federal figures; they are listed in the provided material).
- Related/companion measures noted: HR 3100 (companion), SD 882 (replaces).

Compiled from official sources — confirm details with the bill’s official record.

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