Advocates urge lawmakers to support a bill to put Juul settlement money in a trust for youth vaping prevention

By Melissa Patrick
Kentucky Health News

Advocates who work to decrease cancer in Kentucky rallied at the Kentucky State Capitol on Feb. 11 to ask lawmakers to support a bill that would use the remaining Juul settlement money for youth vaping prevention and cessation programs. The bill awaits its first committee hearing.

Doug Hogan, government relations director for the American Cancer Society’s Cancer Action Network, said despite the bad weather, volunteers showed up for Cancer Action Day at the Capitol and were able to meet with nearly 30 lawmakers to urge them to support House Bill 187.

Jennifer True, a volunteer with ACS CAN, told Kentucky Health News that as a breast cancer survivor and a previous caretaker of a loved one with cancer, it was important to her to become a volunteer with ACS CAN to tell her story and to talk about the importance of prevention.

“Today, we are here talking about the Juul settlement money and making sure that that goes toward education for our youth in Kentucky so that they don’t ever start vaping,” she said.

In Kentucky, 5% of high school students smoke and almost 20% use e-cigarettes, according to the Campaign for Tobacco-Free Kids.

HB 187, sponsored by Rep. Robert Duvall, R-Bowling Green, would establish the Vaping Settlement Trust Fund, which would allow the state to move all future Juul settlement dollars from the state’s General Fund to it. The bill states that the money in the trust could only be “used by the Tobacco Prevention and Cessation Program of the Department for Public Health to promote youth vaping prevention and cessation efforts.”

The Juul settlement money comes from a multi-state lawsuit over Juul’s marketing practices toward youth, totaling nearly $435 million, divided among 33 states and Puerto Rico. Kentucky received $14 million from the settlement to be delivered over several years.

If HB 187 were to pass, the remaining portion of the state’s settlement money, which totals about $7.2 million over six years, would go into the newly established trust fund with the sole purpose of being used for youth vaping prevention and cessation.

This year’s bill has four co-sponsors, including Republican Reps. Daniel Fister of Versailles, Mark Hart of Falmouth, Kim King of Harrodsburg and Walker Thomas of Hopkinsville.

The bill currently resides in the House Appropriations & Revenue Committee, but has not yet had a hearing. Two similar bills were introduced during the last legislative session, but were dead on arrival.

Duvall said he had “had some conversations” with the chairman of the House A&R Committee about the bill.

“I haven’t been given a definite answer at this point whether or not it’s going to be taken up, but I continue to make my case that this is an important legislation and it’s for for a great cause,” he said.

He also recognized that the passage of this bill would mean there would be money coming out of the General Fund, but said doing so would ultimately save the state money.

“It’s going to save us a lot more in the long run when you look at health issues that are going to arise from this,” he said. “So I think it’s a cost savings to invest in prevention and cessation.”

Kentucky’s annual health care costs directly caused by smoking is $2.23 billion, according to the Campaign for Tobacco-Free Kids.

The bill also has the support of 16 health, medical provider, patient and advocacy organizations that sent a letter dated Feb. 11 to legislators in support of HB 187.

Including ACS CAN, the other organizations are the American Heart Association, Kentucky, American Lung Association, Kentucky, Americans for Nonsmokers’ Rights, Breathe Easy NKY Coalition, Campaign for Tobacco-Free Kids, Foundation for a Healthy Kentucky, Kentucky Hospital Association, Kentucky Medical Association, Kentucky Pharmacists Association, Kentucky Primary Care Association, Kentucky Voices for Health, Kentucky Youth Advocates, St. Elizabeth Healthcare, UK Markey Cancer Center and UofL Brown Cancer Center.

“Investing JUUL settlement dollars in youth prevention, instead of depositing the annual payments in the state general fund, is a crucial first step for Kentucky to protect the next generation from a lifetime of addiction,” says the letter, in part. “Research shows that the more states spend on comprehensive tobacco control programs, the greater the reductions in smoking. The longer states invest in such programs, the greater and quicker the impact.”

Duvall said he is optimistic that HB 187 will pass, noting that he has had “really good” feedback from his peers, saying they like the idea of this money being used for prevention.

“Everybody knows that it’s a problem and it’s a growing problem,” he said. “So it’s not going to get better unless we do something about it. I think this is probably the best way we can . . . help prevent these kids from starting, and also help them (stop). Because, you know, there’s a myth out there that this is safe. That’s a false sense of security, that this is safe, and we know that’s not correct.”