Category: Legislation

Governor Signs Kentucky Vape Registry Law
Andy Beshear (Credit: State of Kentucky)
On April 5th, Kentucky Governor Andy Beshear signed House Bill 11 into law. This makes Kentucky the sixth state in the US with a registry law. The bill was passed quickly in both houses of the Kentucky General Assembly on March 28. The new law will go into effect on January 1st, 2025.
Under the new Kentucky law, it will be illegal to sell vaping products that do not have marketing authorization from the U.S. Food and Drug Administration or are still under review by the agency. This law also applies to products that have received a marketing denial order (MDO), unless the MDO has been stayed or reversed by the FDA or a court. Manufacturers are required to certify that each product complies with state requirements before allowing its sale in Kentucky.
Among other things, the bill also:

Require the Secretary of State to create and publish a list of certain tobacco product retailers;
Require the Department of Alcoholic Beverage Control to create and maintain a tobacco noncompliance database and reporting system;
Require wholesalers to verify a retailer’s presence in the database prior to transactions;
Establish and impose fines for wholesalers that unlawfully sell to a retailer that is in the noncompliance database;
Make ineligible any retailer with unpaid fines that are more than 60 days overdue from selling Tobacco Control Act-covered products until the fines are paid;
Direct manufacturers of Tobacco Control Act-covered products to provide safe harbor certification to wholesalers and retailers of their products;
Prohibit a retailer from selling Tobacco Control Act products to persons under 21 years of age.
PMTA registry laws are already being enforced in Alabama, Louisiana and Oklahoma. Wisconsin passed a registry law in December and will become effective July 1, 2025. Utah also passed a registry bill that included a flavor ban that will become active on Jan. 1, 2025.
April 11, 2024
Alabama Governor Expected to Sign Possession Ban
Credit: David Mark
In Alabama, a bill to place the same restrictions on vaping products as are on tobacco products has unanimously passed both the house and senate and is headed to Governor Kay Ivey for her signature.
The bill bans the possession of vaping products and devices by people under 21.
“This is a tremendous first-step to help end underage vaping,” a spokesperson said, according to media. “We want parents, educators, coaches and others to have the authority to take away vapes from young people.
“It allows law enforcement to seize vapes without having to conduct expensive tests to determine whether the device contains an illegal substance. Simple possession constitutes a violation.”
April 8, 2024
Illinois Bills Would Ban Online Sales, Some Vapes
Credit: Karen Roach
Illinois lawmakers are considering two bills aimed at ending the marketing of concealable-style vapes and online sales.
One bill would ban e-cigarettes designed to look like objects commonly carried by youth, such as highlighters and markers, and therefore not be spotted by adults, according to media reports.
A second bill would prohibit e-cigarettes from being purchased remotely by anyone other than a distributor or seller.
Both bills passed out of the Senate executive committee earlier this month and await a vote by the full chamber.
March 21, 2024
Georgia Seeking to Create Vape Safety Committee

Local legislators in Georgia are sponsoring a Georgia House resolution that would create a new study committee on the safety and consumer protection of nicotine vapor products.
“Within the nicotine vapor product industry there is no current directory of products that have been vetted and approved by the (U.S.) Food and Drug Administration for consumer safety and consumption,” the text of the resolution reads. “Further study needs to be had on the consumer safety of refillable liquid vapor products that are produced from the small businesses within the nicotine vapor product industry.”
The resolution was introduced to the Georgia General Assembly on Feb. 27, according to media reports.
“A study is needed to develop potential legislation or other action that would help prevent incidents leading to consumer harm or injuries in the nicotine vapor industry and protect the health and safety of those consuming the products,” the resolution continues.
The proposed House study committee would be made up of five Georgia House members appointed by the speaker of the House.
“In the event the committee adopts any specific findings or recommendations that include suggestions for proposed legislation, the chairperson shall file a report of the same prior to the date of abolishment specified in this resolution,” the text reads. “No report shall be filed unless the same has been approved prior to the date of abolishment specified in this resolution by majority vote of a quorum of the committee.”
Per the resolution, the proposed committee would officially disband on Dec. 1. “Until such products from small business manufacturers are adequately regulated by the federal government, it is important to study all of the issues surrounding electronic cigarettes, e-liquids and other nicotine vapor products while at the same time encouraging economic development in this state,” the resolution text reads.
March 4, 2024
Georgia Lawmaker Introduces Vaping Registry Bill

Credit: VFHNB12
A Georgia lawmaker is seeking for the state to create a registry of vape products approved by the U.S. Food and Drug Administration.
The goal is to let retailers and consumers know what’s legal and what’s not. The bill was introduced in committee.
Lawmaker Houston Gaines showed several examples of vape products that are illegal. Media reports also state that if you check on the back, they say, “Made in China.” Nearly all vaping hardware products, legal or otherwise, are produced in China.
The FDA does not approve them, so Gaines said Georgia shouldn’t either. The FDA does not approve vaping products for sale; it only authorizes them.
The state agriculture department would maintain and publish the list. Any product not on that list could not be sold legally in the state of Georgia.
At a Monday afternoon committee hearing, there were so many people that the committee chairman agreed to hold a second one so everyone could have their say, and some pushed back hard.
One of those who got their say Monday was vape store owner Dillon Gilbert, who insists this bill will destroy their industry.
“I own vape stores in Savannah and Columbus,” Gilbert said. “We want common sense regulation, but unfortunately, this bill is a death blow to our industry.”
But Gaines insists the bill will help keep vape products laced with fentanyl or THC off the shelves. No nicotine vaping product has ever been found to be laced with fentanyl. The GFDA does not regulate THC products.
Under the bill, any store caught selling these unapproved vape products could face serious fines and possible suspension of their licenses.
Louisiana’s passed a law that bans retailers from selling vape products not listed on a state-approved registry, known as the V.A.P.E. Directory. Alabama and Florida use the same list. Nebraska is also seeking to pass a bill to create a vape registry in the state.
February 20, 2024
West Virginia House Passes ID Check for Vapes

Credit: Sean Pavone Photo
West Virginia delegates voted nearly unanimously Tuesday for a proposal that, if passed by the Senate, would require stores by law to check IDs on vape purchases, verifying one’s age with the buyer’s driving license, passport, military card, or other government identification.
The proposal is sponsored by Del. Heather Tully. She says current law is not clear on if a store must check your ID. Her proposal removes that uncertainty, according to media reports.
The proposal would increase fines for those in violation — from $250 for a first offense to a maximum of $5,000 for a fourth offense and every other instance thereafter within five years of the initial conviction.
Yet, one discrepancy remains — what age can one buy vaping products?
Federal law says 21. West Virginia law says 18.
Clark has introduced separate legislation to raise West Virginia’s age to 21.
That proposal waits action in Tully’s committee. She says its progress remains uncertain in the House.
“It’s a personal liberty question,” she told WSAZ. “I know that the body may be a little bit more divided on that — at what age is it appropriate, what age is considered an adult — and so I would rather keep the focus on checking the IDs and making sure that we are verifying the IDs for sales, rather than splitting the body on the semantics of should it be 18 or 21.”
“I get both arguments,” Clark said. “How we come across — or how we fix it? I have no clue.”
The legislation to check IDs now moves to the state Senate.
February 7, 2024
Alaska Senate Again Sends Tobacco 21 Bill to House

Credit: Yossarian6
Last week, the Alaska Senate voted 14-6 in favor of S.B. 89, a bill that would change the state’s minimum age to purchase and possess vaping and other tobacco products from 19 to 21 years old.
If approved, the bill would align Alaska’s state law with the federal standard.
The bill also would impose a statewide tax of 25 percent on e-cigarettes. A similar bill was vetoed by Gov. Dun Mike Dunleavy last fall.
The 25 percent statewide tax would add to Alaska municipal nicotine taxes already in place, such as Juneau, which currently taxes 45 percent, or $3 a pack, on the wholesale price of tobacco products, according to City and Borough of Juneau Finance Director Jeff Rogers.
The action would also allow local law enforcement to enforce the federal Tobacco 21 standard and ensure the state doesn’t lose out on grants and other funds it can receive for having its tobacco laws in line with the federal standard, reports Charlie Minato with Halfwheel.
S.B. 89 would make it illegal for anyone to sell or give tobacco or vaping products to anyone under the age of 21 years old. Those caught selling or giving tobacco or vaping products to someone under the age of 21 would be subject to a fine of at least $300.
The bill would also introduce fines for those under the age of 21 years old caught possessing tobacco or vaping products. They would be subject to a fine of no more than $150 and could be subject to a tobacco education program.
In December 2019, President Donald Trump signed a large federal spending bill that also included a provision increasing the minimum age to purchase tobacco products from 18 to 21 years old at the federal level.
While the federal law already exists, its enforcement is restricted to those who sell tobacco products and not the consumers. The vast majority of U.S. states have updated their laws to make them consistent with the federal standard.
S.B. 89 now moves onto the Alaska House of Representatives.
Last year, Alaska’s governor vetoed a Tobacco 21 bill because it included a 35 percent tax increase on vaping products.
May 23, 2023
Bill to Toughen Vape Rules Heads to Alabama Senate

Credit: Allard1
The House of Representatives in the U.S. state of Alabama approved a bill to tighten restrictions on vaping products.
The bill makes it illegal for retailers to sell all vaping products to people under 21 years old. It also expands the definition of an electronic nicotine delivery system to include any product that delivers substances other than tobacco, according to WSFA.
Vending machines that sell tobacco in places that allow people who are younger than 21 years old to purchase it are also banned.
“It identifies the products that do not contain nicotine so that they can be regulated along with everything else. It regulates the sale of e-liquid,” Rep. Barbara Drummond said.
There was only one no-vote from the representatives.
The bill now moves to a Senate committee for further consideration.
A state senator in Alabama last week introduced a bill last week that would make it illegal for minors to be in possession of vapes, according to a release from the Drug Education Council.
May 18, 2023
Portugal Cracking Down on Vape, Tobacco Marketing

Credit: Butenkov
New legislation aims to restrict the use and sale of vaping and other tobacco products in Portugal.
A new bill will ban smoking in outdoor spaces next to public buildings such as schools, colleges and hospitals. It will also tighten control over the sale and marketing of cigarettes and other tobacco products in the country.
The aim is that by 2025 they will only be available for purchase in tobacconists, petrol stations and airports, reports EuroNews.
If enacted, it will no longer be possible to sell tobacco directly or through vending machines in places such as restaurants, bars, concert halls and venues, casinos, fairs and exhibitions. The products will also be prohibited at music festivals.
Portugal is also complying with the European directive of June 29, 2022, which puts heated tobacco products on an equal footing with other tobacco products.
May 15, 2023
Illinois Indoor Vape Ban Heads to Governor’s Desk

Credit: Karen Roach
In the U.S. state of Illinois, a statewide ban on vaping inside public buildings is just a signature away from becoming law.
Both the Illinois House and Senate passed a bill that would make Illinois the 18th state in the country to outlaw indoor vaping, according to CBS News.
The bill was sponsored by state Sen. Julie Morrison. It expands the Smoke-Free Illinois Act, which forbade smoking in public buildings and within 15 feet of entrances.
The bill now heads to Governor JB Pritzker’s office to be signed into law.
Illinois also passed a law to raise the age to buy tobacco products from 18 to 21 in 2019, and limited the advertising of e-cigarette products in 2022.
May 11, 2023