(Updated to include link to bill)
Kansas Attorney General Derek Schmidt on Wednesday called for a law that would ban e-cigarettes and vaping at most indoor locations.
Schmidt introduced a bill that would add the use of electronic cigarettes to the definition of “smoking” governed by the state’s Indoor Clean Air Act, which bans smoking in many public places.
“We see no logical reason to protect indoor vaping in public places where indoor smoking is already prohibited by law,” Schmidt said in a statement.
Schmidt said that vaping is not likely covered by the indoor air act because vaping wasn’t on anyone’s radar in 2010 when the law was enacted.
Schmidt pointed out that medical professionals suggest secondhand vape aerosol particles — like secondhand smoke — are harmful to people who inhale them.
Last year, the country saw an epidemic in lung-related illnesses attributed to vaping, including cases where the stricken individual used a product with THC.
As of mid-November, Kansas health officials had two confirmed deaths related to vaping. It reported 23 probable or confirmed cases of vaping-related lung illnesses.
Nationally, the Centers for Disease Control and Prevention reported that as of January, there were 2,602 hospitalizations related to vaping nationally. Fifty-seven deaths were confirmed in 27 states and the District of Columbia.
Schmidt cited one study that found that fumes from e-cigarettes — like secondhand smoke — include nicotine, heavy metals and other chemical additives that are inhaled by people who do not vape.
Kansas Health Secretary Lee Norman has been actively campaigning for tougher regulations for vaping.
He appeared before Congress last year to ask the federal government to consider ways to regulate marketing, sales and the contents of e-cigarettes and vaping products.
“E-cigarette use among youth is epidemic,” Norman said in a statement Wednesday
“While there has been an increase in headlines and news coverage about the harmful effects of e-cigarette use/vaping due to the onset of vaping related pulmonary injuries, there is still much we do not know,” he said.
“The lack of federal data and research on products currently on the market mean we still do not know if the ingredients in e-cigarette products are safe, nor their short and long term health impacts.”
Norman called the attorney general’s proposal a “step in the right direction” to protect indoor air. “We must continue to look at comprehensive and coordinated action to address this public health concern.”
A survey by the state Department of Education of 1,417 students in the ninth to 12th grades in 2019 revealed that about 49% had vaped at least once in their lifetime, up from 35% in 2017.
The percentage of students who said they vaped daily in the last 30 days had increased to 5.2% in 2019 from 1.4% in 2017.
Schmidt said at least 19 states and two territories prohibit use of e-cigarettes in places that are designated 100% smoke-free.
But the Kansas law applies only to combustible tobacco, not e-cigarettes, although it does exempt certain locations such as private homes, motel rooms and the floor of a casino.
“We of course need a thoughtful, comprehensive, balanced approach to preventing the health harms associated with vaping, including the increased rate of youth addiction to nicotine after years of decline,” Schmidt said.
