On February 24, Nebraska State Senators heard testimony on four new nicotine-related bills that aim to update the state’s regulatory framework for nicotine and vaping products.
The hearing, held by the General Affairs Committee, focused on two key proposals introduced by Sen. Jana Hughes—LB9 and LB125—and two bills targeting vaping products, LB285 and LB688, introduced by Sen. Dan Lonowski.
LB9 is designed to redefine terms relating to nicotine, nicotine analogs, and alternative nicotine products. Hughes explained, “Because our state government has been playing whack-a-mole in trying to keep up with all the new nicotine based products out there, (LB9) updates the definition of alternative nicotine products. This will not only cover the nicotine pouches we have seen out there, but would also cover any new nicotine products in the future.”
This update, she said, is critical for ensuring that emerging products fall within a clear regulatory scope.
In tandem, LB125 seeks to overhaul the current system of nicotine taxation and regulation. Presently, Nebraska taxes nicotine by weight; however, LB125 proposes a shift to a wholesale, percentage-based tax rate. Hughes added that this bill would also extend regulatory oversight to products containing chemical compounds similar to nicotine that exhibit comparable side effects.
During the hearing, five out of eight speakers voiced support for at least one of these two bills. Supporters included vape shop owners from Grand Island and Omaha, as well as the president of the Group to Alleviate Smoking Pollution (GASP) and smokers advocating for more stringent measures against teen smoking.
Not all testimony was favorable, however. John Murante of Philip Morris International, which produces brands like Zyn and Marlboro, argued against LB125. “We believe that this is the wrong approach for public health and the wrong approach for Nebraska,” Murante stated. “The CDC tells us that half of the adult smokers try to quit every single year, but less than one in 10 are actually successful. This is one big reason why a growing body of public health experts are embracing tobacco harm reduction, a strategy that tries to move smokers away from combustible cigarettes toward products that can be better for their health, such as nicotine pouches.”
The second set of bills, LB285 and LB688, zero in on vaping products. LB285 would ban the sale of flavored vapes—leaving only tobacco and menthol options—while LB688 aims to prohibit advertising of electronic nicotine delivery system products across the state.
Sen. Lonowski explained his stance, saying, “I soon realized that vaping was the biggest culprit of drug abuse among our youth in small town Nebraska. In most small communities surrounding Hastings, every fifth grader knows someone in their class that is vaping.”
Yet, these measures have met resistance from the vape industry. Chris Peterson, a registered lobbyist for AMV Holdings and its subsidiary Cure CBD and Vape, warned that LB285 could cause severe economic harm. “While we understand and support the intent to protect public health, particularly among young people, we believe LB285 represents government overreach,” Peterson said.
Concerns over LB285 are echoed by public comments: eight supporters versus 15 opponents, many of whom are small business owners warning of potential store closures.
Regarding LB688, Lonowski acknowledged potential First Amendment challenges. “I understand LB688 may face allegations that this bill unconstitutionally restricts commercial free speech. I welcome any potential amendment to narrow its intent of reducing the visibility of these products to minors and others,” he said.
In the end, no action was taken on any of the bills during the committee hearing.
