To receive authorization, products need a marketing order from the U.S. Food and Drug Administration or must meet one of several narrow exceptions, which favor products that have been on the market since at least 2016.
The state’s Office of Alcohol and Tobacco Control (ATC) released its list of nearly 400 approved vape products on Friday.
The list’s release came after a 19th Judicial District Court judge decided not to grant a temporary restraining order that would have stopped the Louisiana ATC from halting the sale of specific products.
Lawmakers during the 2023 legislative session passed HB 635. It increased the state’s tax rate on vape products and limited the sale of products to only those approved by the FDA.
The law is being challenged by the Louisiana Convenience and Vape Association, which argues it is unconstitutional. Whether or not the law remains on the books will be determined by a judge at the 19th Judicial District Court who will decide whether to stop the ban on those products in the coming weeks.
With the time both parties have until they return to court, plaintiffs will try to get the attorney general involved since a constitutional challenge is being made. We reached out to the LCVA for comment but did not hear back.
Part of the law raised the tax on vape liquid from 5¢ to 15¢ per milliliter. Those extra tax dollars are designated for state trooper salaries. However, the LCVA argues the law will wipe out at least 60% of the products off their shelves and, therefore, not result in the revenue increase lawmakers expect.