The General Affairs Committee in Nebraska heard testimony on a bill that its sponsors say seeks to reduce access to vaping devices by minors in Nebraska.
LB1296, introduced by Seward Sen. Jana Hughes, would prohibit the sale of electronic nicotine delivery systems (ENDS) products that the U.S. Food and Drug Administration has not approved.
Violations would be considered a deceptive trade practice under the Uniform Controlled Substances Act. The state aims to use the same list that is used by states that have passed similar laws, such as Alabama and Louisiana, according to a release.
Devices that are pending approval from the FDA would be authorized for sale under the bill, but online sales of ENDS, regardless of FDA approval, would be prohibited.
“We have a serious problem on our hands that threatens to undermine the progress made over the past 40 years in reducing the use of nicotine products by our kids,” Hughes said.
LB1296 also would create a directory of ENDS manufacturers who have received or sought FDA approval. Beginning April 1, 2025, each manufacturer must register with the state tax commissioner and pay a $500 initial certification fee per device and $500 annually.
Payments received would be directed to the state Department of Revenue to reimburse the cost of enforcing the bill’s provisions.
The committee took no immediate action on LB1296.
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