| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to protecting the health of all Washingtonians by ending the sale of certain tobacco and nicotine products, including products with flavors and video games; |
| Bill Description | Prohibiting the sale of certain tobacco and nicotine products. |
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What this bill does
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House Bill 1203 (H-0158.1) would add a new chapter to Title 70 RCW and ban the sale, offer for sale, display, marketing, or advertising in Washington of flavored tobacco or nicotine products and of “entertainment vapor products” beginning January 1, 2026. The bill declares those sales practices an unfair or deceptive practice under the state consumer protection act, directs the Department of Health to develop and report on a statewide prevention and awareness campaign (with Health Care Authority consultation and a report due January 1, 2026), and directs the Liquor and Cannabis Board to adopt implementing rules and provide compliance education. The governor is authorized to seek government-to-government consultations with federally recognized tribes about the prohibitions and related commercial activity.
The bill creates and amends statutory definitions and scope. A “flavored tobacco or nicotine product” is defined as a tobacco or nicotine product that imparts a taste or smell other than tobacco or a distinguishable cooling or numbing sensation; an “entertainment vapor product” is a vapor product with interactive gaming or entertainment features (for example, playing music or video, displaying animations, or virtual games). “Tobacco or nicotine product” and “vapor product” are defined to include conventional tobacco items, vapor products regardless of nicotine content, and components/accessories, while excluding FDA‑authorized drugs/devices marketed solely for therapeutic purposes and products defined as cannabis under state law.
The Liquor and Cannabis Board is given enforcement authority: it may suspend or revoke specified retailer licenses or impose monetary penalties for violations, with escalating sanctions counted within any three‑year period. For licensed cigarette/tobacco retailers the schedule includes escalating fines and suspensions (examples: $200 first, $600 second, $2,000 plus 6‑month suspension third, $3,000 plus 12‑month suspension fourth, and revocation with no reinstatement for five years for five or more violations for certain tobacco sales offenses) and higher escalating fines for sales in violation of RCW 26.28.080 or the bill’s section 3 (examples: $1,000 first, $2,500 second, $5,000 plus 6‑month suspension third, $10,000 plus 12‑month suspension fourth, revocation for five or more). Other per‑violation amounts and lower caps apply to persons who are not licensed retailers; the board may offer a compliance class in lieu of a first monetary penalty for a clerk, issue cease and desist orders, seek injunctive relief, and collect unpaid civil penalties with court actions and possible recovery of attorneys’ fees. Licensees must display specified department‑designed signs (including prohibition of sales to persons under 21 and a prohibition on flavored tobacco/nicotine sales); signs are to be provided free as described. The bill also amends tax and vapor‑product definition sections (e.g., RCW 82.26.010) and contains a severability clause.
Important gaps in the extracted text: the bill repeatedly references “section 3 of this act” but that section’s text is not included here; some sign posting requirements are cut off and incomplete; amendments to several cited RCW sections (for example RCW 70.345.070, 70.345.180, 82.25.005) are referenced but the specific changes are not shown; and the administrative or other enforcement details beyond the Liquor and Cannabis Board provisions may appear in omitted sections.
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Why it matters
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If enacted, starting January 1, 2026 retail outlets in Washington will no longer be able to sell, display, market, or advertise flavored tobacco or nicotine products or "entertainment vapor products" (vapor devices with interactive gaming or media features). The Department of Health must run an education and prevention campaign and report to the legislature by that date, and the Liquor and Cannabis Board will write rules, provide compliance education, require state-designed signs (provided free), and enforce the ban with escalating monetary penalties, license suspensions, and possible revocation for repeat violations; the board can also offer a clerk training class in place of a first penalty and seek injunctions or civil-penalty collections through court.
Retailers, distributors, and manufacturers are most affected: they will likely need to remove or stop offering a range of flavored and entertainment vapor products, post required signage, and may face significant fines, license suspensions, or revocation for violations; compliance training and legal risk increase. The Department of Health and the Liquor and Cannabis Board will take on new program and enforcement duties (with associated workload and costs not specified in the text), and the governor may negotiate tribal compacts. Important details are missing from the extracted text—notably full sign requirements, the specific text and penalties in "section 3" referenced throughout, and some cross-referenced RCW amendments—so the exact enforcement scope and some penalty mechanics remain unclear.
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| Official Documents | View Full Bill Text |
| Hearing | House Consumer Protection & Business (Public) |
| Hearing | House Consumer Protection & Business (Executive) |