Public hearing for bill prohibiting flavored tobacco products rescheduled for Jan. 11

Representatives of local vape stores were unhappy after waiting hours for a public hearing on Bill 50-37 only to be told the bill was withdrawn. 

The bill was second on the agenda for Sen. Sabina F. Perez’s Committee on Environment, Revenue and Taxation, Labor, Procurement, and Statistics, Research, and Planning. The committee started Jan. 4 at 1:30 p.m. with a hearing on Bill 175-37 which seeks to address the lack of access to sewage systems or lines for various landowners. The hearing took more than five hours to complete.

About an hour before the hearing on Bill 175 ended, however, Bill 50 was pulled, according to Sen. Tom Fisher, the bill’s author.

“The American Cancer Society wanted some significant changes to the bill,” he said. “The bill will be refiled in the morning (Jan. 5).”

He said the bill was withdrawn based on the representation that Perez said it would be heard on Jan. 11. Perez clarified that public notices required by law must be completed but they would try to meet that date of Jan. 11.

As Perez was making that announcement, one of the representatives of the vape stores walked up to the table and spoke into the microphone: “Can I state something for the record? All of the people that were waiting today did not attend work. I just want to make clear, for the record, that everyone that was waiting the entire afternoon. The people of Guam had the right to be heard today because shops were closed, revenues were lost, taxation was lost, people lost hours at work. I just want to make it absolutely clear we the people demand to be heard regardless. We’ve been here, we demand the right to be heard. This is the people’s house and we want to be heard.”

Perez, addressing her, said: “Ms. Mendiola, there is a procedure. When a senator does withdraw a bill then it starts the process again.”

Bistra Mendiola, chief officer of BT Corporation, responded: “It was a mockery of the crowd waiting today. This is an inexcusable move on Mr. Fisher’s part. It was not a move that would be appreciated by over 4,165 people who submitted their opposition to this bill. And we’ll make it clear publicly that today was a mockery of our people.”

Perez again reassured Mendiola: “Nobody is being denied the opportunity to speak.”
 
Bill 50-37 would prohibit the sale or distribution in Guam of flavored tobacco products and prohibit the mislabeling of products as nicotine-free. 

Vape Escape along with other stores closed their shops to attend the hearing.
 
Mendiola told the Journal earlier in the day that the bill would fall short of its intent. 

“The black market will flourish and sadly, the street dealer will not ask for an ID to sell to a child,” she said.
 
Mendiola added that “over 100 local vape stores employees will lose their jobs, the stores will shut doors and a couple of million dollars of GRT, income tax and payroll tax revenues will be lost forever.”  

Mendiola made an unsuccessful run for the Legislature in 2022.
  
Her husband, Theseus Mendiola, owner of Vape Escape said they’re testifying against the bill “as responsible members of the vaping community.

“We are taking actionable steps to bring attention to the importance of reasonable regulation,” he said. “There are many adult consumers who will be harmed by the negligent legislation if it is passed.”   
 
If Bill 50 is enacted, after six months it will be illegal for retailers to sell or possess flavored tobacco products as well as mislabeling nicotine-free or the sale of nicotine free e-liquid products that contain nicotine.  
 
Additionally, a statement or claim to include text, color, or images on the tobacco product has any other flavor other than tobacco. The product also will not claim to have a characterizing flavor solely because of the use of additives or any other ingredients. If found in possession of retailers items will be seized and retailers will pay a fine if the bill becomes law.  

This is not the only bill introduced by members of the 37th Guam Legislature that touches on tobacco-related issues in Guam. Bill 186-37 was introduced in an effort to protect Guam’s youth from the harmful effects of tobacco and nicotine products by subsidizing and diversifying funding sources to government programs that specialize in tobacco and nicotine education, prevention, and treatment. The bill also would strengthen local enforcement by redirecting monies collected from fees and penalties to fund tobacco and nicotine education and prevention programs to protect Guam’s youth from the harmful effects of tobacco and nicotine.

According to the bill, in August 2023, the State Epidemiological Profile reported tobacco consumption remains higher in Guam than in the U.S., for both adults and youth.

Bill 187-37 would prohibit the sales of tobacco and nicotine products and vape products through vending machines. According to the bill, the State Epidemiological Outcomes Workgroup identifies one of the leading causes of underage tobacco and nicotine use among youth is “accessibility to tobacco and vape products”.

Bill 194-37 would update fines and penalties for tobacco and nicotine violations. According to the bill, World Health Organization, Framework 8 Convention on Tobacco Control “recognizes that consistently revisiting violation penalties along with taxation are the two highly effective initiatives to tackle tobacco and nicotine consumption among youth worldwide.”

Bill 195-37 would regulate tobacco and nicotine advertisements. According to the bill “tobacco-related diseases are the major cause of death in Guam today.” mbj