Tag: Florida

Bloom, Cresco Labs to Launch Products in Florida

Credit: Aleksandr Kondratov
Today, the Bloom brand announced a partnership with Cresco Labs to expand distribution across the state of Florida. Launching in November 2024, Bloom’s Surf all-in-one vape will be exclusively produced by Cresco Labs in Florida and available at all 33 Sunnyside dispensaries throughout the Sunshine State.
Florida is the seventh state in which Bloom products will be available to consumers. Bloom is currently available in California, Illinois, Michigan, New Mexico, and New York, with New Jersey and Virginia also slated for launch in Q3 and Q4, respectively.
“Cresco’s Sunnyside is hands-down the right retailer to bring Bloom to Florida. Bloom’s products were originally developed for medical markets, designed for patients who rely on cannabis as medicine with a focus on a consistent and accessible product experience,” said Casey Ly, co-founder and co-CEO of Bloom. “Sunnyside’s focus on product education, a welcoming shopping experience and convenient locations makes them the ideal partner. We look forward to introducing our top-selling classic strains at all 33 locations this fall.”
According to BDSA analytics, Bloom is one of the top five fastest-growing cannabis brands in the U.S. Founded in 2014 and celebrating ten years of business this year, Bloom is still focused on its core mission: to provide consumers with a vaping experience that replicates flower consumption, according to a press release.
“Our patients want high-quality cannabis products that are effective and easy to use, and Bloom’s innovative hardware design provides a precise, flavorful vaping experience that patients will love,” said Connie Woolsey, vice president of retail of Cresco Labs. “Sunnyside offers a wide variety of innovative and quality cannabis products in the Florida market and we are looking forward to expanding our line with Bloom products.”
Bloom will launch its Classic line products in its proprietary Surf device in .5g and 1g formats. Bloom’s Live line will launch later, in Q4 2024.
August 13, 2024
Florida Governor Vetoes ‘Debilitating’ Delta-8 Ban Bill

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Floridians will still have access to buying and using delta-8 and other hemp products as Gov. Ron DeSantis vetoed a bill that aimed to reshape Florida’s marketplace.
As the bill, SB 1698, moved through Florida’s legislative process, it was opposed by consumers who said they need the products for their physical and mental health and by businesses that said it would cause thousands of Floridians to lose their jobs.
DeSantis, based on his veto letter, seemed to agree. In the letter, DeSantis said the bill would “impose debilitating regulatory burdens on small businesses” and would “introduce dramatic disruption and harm to many small retail and manufacturing businesses in Florida.”
A study commissioned by a hemp trade group found that Florida’s hemp market racked up more than $10 billion in sales in 2022 and employed more than 100,000 people, according to media reports.
DeSantis said he would encourage the Legislature to return to the topic next session to create a regulatory framework for Florida’s hemp marketplace.
“Sensible, non-arbitrary regulation will provide businesses and consumers alike with much-needed stability — safeguarding public health and safety, allowing legitimate industry to flourish, and removing bad actors from the market,” DeSantis said.
He listed three areas he would like the Legislature to focus on: quality control, product packaging requirements and looking at how and where hemp products are sold.
June 11, 2024
Florida has First-in-Nation Disposable Vape Registry

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Florida’s governor, Ron DeSantis, has signed legislation intended to crack down on the sale of unauthorized vapes that the state deems attractive to children.
The new law (HB 1007), however, only targets disposable vaping products not authorized by the U.S. Food and Drug Administration. The rules will be enforced beginning Oct. 1.
Unlike other state registry lists, Florida is the first state in the nation to include a carve-out for refillable pod systems and open-system vaping products, as well as bottled e-liquids.
Florida Smoke Free Association president and vape shop owner Nick Orlando was the driving force behind getting the open system exemption.
In its original form, the bill would have prohibited sales of any vape products that had not yet received FDA approval, according to media reports.
The law now directs the state’s Department of Legal Affairs to develop and maintain a directory listing all single-use nicotine vapes it deems attractive to minors. The department must make the list publicly available on Jan. 1, 2025, and regularly update it.
Once a product is added to the list, retailers and wholesalers in Florida have 60 days to sell or remove it from their inventory. Any products left in circulation will be subject to seizure and destruction.
Beginning March 1, 2025, manufacturers that sell prohibited products in the state will face a $1,000 daily fine for each such product until it’s removed from the market. This stricture will also apply to retailers, wholesalers and distributors that ship products into Florida.
Any person who sells a nicotine product, including vapes, to someone under 21 for a third or subsequent time will face a third-degree felony charge, punishable by up to $5,000 in fines and five years in prison.
April 29, 2024
Protestors Want Veto of Florida Flavor Ban, Registry

Credit: Kristina Blokhin
Supporters of less harmful nicotine products want Florida Governor Ron DeSantis to again veto a proposed ban on the sale of flavored e-cigarettes in Florida. The legislation would also create a vape registry for the state.
“It would kill our local businesses,” said Gary Eliasov-Hodes, managing partner of Cloud Smoke Shop, which has two locations in Tallahassee.
Seventy percent of his business revenue comes from selling flavored nicotine vaping devices, he said. That’s $3.5 million annually for both of his shops, according to media reports.
On Thursday, Eliasov-Hodes was among about 200 people gathered outside the governor’s mansion to protest the proposed ban, which they say they want Gov. Ron DeSantis to veto.
The legislation would prohibit stores from selling flavored e-cigarettes, instead they would be allowed to sell from a list of 23 different tobacco-flavored vaping devices that have been approved for marketing by the U.S. Food and Drug Administration.
Many states have also included products still currently under review by the regulatory agency.
The bipartisan bill received pushback from some lawmakers in the House but unanimous support in the Senate before it passed earlier this week. Last year, DeSantis vetoed a similar measure, and opponents say they hope he will do the same this year.
Proponents of the measure say removing vaping flavors from the market is aimed at keeping e-cigarettes out of the hands of children.
Lining the sidewalks on each side of W. Brevard Street, protesters chanted “Veto the vape bill” and “No to tobacco,” while holding signs with the words: “We vote, we vape.”
March 10, 2024
Florida Vape Registry Bill Moving Closer to Reality

Credit: Aleksandr Kondratov
Legislation to clear Florida shelves of all but 23 vaping products — including all flavors but tobacco — is advancing despite complaints from retailers that it will crush the industry and send consumers back to cigarettes.
The bill (SB 1006) would limit sales in Florida only to vape products approved by the U.S. Food and Drug Administration (FDA), all of which are made and sold by major tobacco companies. Scores of other products now sold throughout the state would, in turn, be banned.
More than a dozen Floridians in the vape industry spoke out against the bill before the Senate Appropriations Committee on Agriculture, Environment and General Government unanimously approved it, according to media reports.
However, according to Sen. Keith Perry, the measure’s sponsor, the limits are necessary to protect children and consumers from unsafe products and counteract a $363 million illegal vape market.
If approved, SB 1006 would create a directory under DBPR for manufacturers of nicotine dispensing devices, e-cigarettes, and vape cartridges to register the products they sell that have received FDA approval. DBPR would then publish that list online for retailers and wholesalers to review and ensure they comply.
The bill would also require wholesalers to receive a permit to do business in Florida and prohibit manufacturers from destroying certain records, including information identifying their customers, for three years.
Companies or people that provide false information to DBPR would face third-degree felony charges, punishable by up to five years in prison and $5,000 in fines. Manufacturers that knowingly ship or receive unapproved or unregistered vape and e-cig products would face up to $1,000 in fines per violation.
Any person who knowingly ships or receives unapproved or unregistered products would face a second-degree misdemeanor charge, punishable by up to $500 in fines and 60 days in jail.
DBPR estimates it will cost an additional $562,500 to cover nine new positions and create an online system necessary to facilitate and enforce the proposed law, a Senate staff analysis of the bill said.
Nick Orlando, a shop owner in Clearwater and President of the Florida Smoke-Free Association, said the bill would have a staggering impact on the growing industry here while doing nothing to improve public health.
He recommended that lawmakers toss the measure and instead draft another that will allow the market to thrive while still boosting safety. Such a bill, he said, should include the creation of a registry under DBPR that uses a federal list of manufacturers, create a permitting fee to fund enforcement, and limit the sale of vape products to 21-and-over specialty stores.
“This addresses the registry, youth access, and enforcement,” he said. “I believe Florida can do better.”
SB 1006 will next go to the Senate Fiscal Policy Committee, after which it could receive a floor vote. A similar House companion (HB 1007) by Rep. Toby Overdorf also pends one more committee hearing before being eligible for a full vote by the chamber.
February 22, 2024
Juul Labs Supports Tighter Rules on Youth Access

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Juul Labs wants tighter e-cigarette regulations to help stave off youth demand while also making the industry safer overall.
In a recent open letter addressed to the Florida House of Representatives and Senate, the maker of JUUL vaping products urged lawmakers to endorse SB 1006 and HB 1007, legislative proposals to regulate the marketplace for legal nicotine vaping products in Florida.
The Senate and House versions of the bill both require state regulators to develop a directory listing of certified nicotine products manufacturers and certified nicotine products. They also subject retail and wholesale nicotine products dealers to inspections or audits; prohibits sale, shipment, or distribution of certain nicotine products into this state; provides criminal penalties; requires entities that seek to sell nicotine products or dispensing devices to obtain wholesale nicotine products dealer permit; provides permit holders must consent to inspections and searches without warrant; provides for seizure and destruction of unlawful nicotine products, according to Florida’s Senate.
In the letter, Juul Labs said it “is on a mission to transition the world’s billion adult smokers away from combustible cigarettes, eliminate their use, and combat underage usage of our products,” according to media reports.
The letter highlighted what the company described as extensive efforts to ensure product quality and compliance with regulatory standards. The letter also emphasized significant investments in product development, regulatory science, and manufacturing quality controls.
Penned by Juul Labs’ regional director for State Government Affairs, Jennifer Cunningham, the letter states that the company wants a better-regulated market. Cunningham cited measures implemented by Juul Labs, including supporting “Tobacco 21” laws to raise the legal age for tobacco product sales to 21, restricting vaping flavors to tobacco and menthol, limiting product purchases per transaction, and promoting retail partner compliance through ID checking and technology advancements.
However, despite these efforts, the letter points out the challenges posed by a burgeoning illegal vape market in Florida, with the state being the primary destination for sales of illicit vapor products in the U.S. The vape maker also expressed readiness to assist Florida legislators in formulating policies that foster a well-regulated market for legal vapor products.
January 23, 2024
Florida Bill Would Ban Vapes at State Parks, Beaches

Credit: Aleksandr Kondratov
A Florida Senate panel approved a proposal to ban smoking and vaping in state parks and beaches.
The Environment and Natural Resources Committee backed a measure (SB 1576), filed by Chair Ana Maria Rodriguez, that would lead to fines for smoking and vaping in state parks.
Fines would start at $100 for the first violation and jump to $500 for each subsequent offense, according to media reports.
The state park system mostly follows the Florida Clean Indoor Air Act, which bars smoking inside buildings. The exception is Ellie Schiller Homosassa Springs Wildlife State Park, where smoking is prohibited. The park is deemed a “congested area” because of its layout and many visitors.
While he supported the bill, Sen. Jonathan Martin suggested including an exemption for areas where people stay overnight.
“I know a lot of state parks do allow for camping and RVs, enclosed containers where individuals might pay 30 bucks a night to stay there. Perhaps there could be a carve-out for that,” Martin said.
The bill next goes to the Appropriations Committee on Agriculture, Environment and General Government.
A similar House bill (HB 495) has not been heard in committees.
In 2022, lawmakers passed a measure that allows cities and counties to restrict smoking at beaches and parks that they own.
January 19, 2024
Florida: 25 Cities now Ban Vaping in Public Parks

Credit: Ryan Tishkin
Winter Park became the 25th Florida city to ban smoking and vaping in public parks, beaches and leisure areas. However, in Winter Park, premium cigars are not prohibited.
The ordinance, which passed its first reading at the Nov. 8 city meeting, follows the revision of Florida statute 386.209, according to media reports.
The statute originally placed smoking regulations in the hands of the state legislature but in 2022, at the request of several cities including Winter Park, the statute was changed to allow local enforcement of smoking restrictions in parks, beaches, and other outdoor leisure areas.
The specific areas affected by the ban are parks and outdoor venues owned or operated by the city. The state’s revision of statute 386.209 includes the following:
Counties and municipalities may further restrict smoking within the boundaries of any public beaches and public parks that they own, except that they may not further restrict the smoking of unfiltered cigars. A municipality may further restrict smoking within the boundaries of public beaches and public parks that are within its jurisdiction but are owned by the county, unless such restriction conflicts with a county ordinance, except that they may not further restrict the smoking of unfiltered cigars.
A representative from the City of Winter Park told local media that “as it relates to cigars, we are following the language from the state statute.” Questions directed to the state regarding the statute have not yet been answered.
November 15, 2023
Vape Companies in Legal Brouhaha Over Endorsements

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The two South Florida Vape product companies are engaged in a bitter legal brouhaha over celebrity endorsements with millions of dollars at stake. Alejandro Brito, the attorney representing HQDTech USA LLC and Dummy Vapes LLC as plaintiff’s in a lawsuit against Broward County-based, SYB Entertainments Group LLC, QR Joy Inc. and QR Joy Fume LLC., claims that the rapper Tekashi 6ix9ine, whose birth name is Daniel Hernandez, entered into an exclusive contract with the plaintiff to endorse their vaping products. Brito called the endorsement contract with the famous rapper their “lightning in a bottle.”
“I’ve seen the numbers and this particular individual moves the market and was compensated very handsomely as a result of this exclusive relationship between my client and him, and the other competitors took notice,” said Alejandro Brito, attorney for HQDTech USA LLC and Dummy Vapes LLC as plaintiff’s in a lawsuit against Broward County-based, SYB Entertainments Group LLC, QR Joy Inc. and QR Joy Fume LLC.
The fighting began when SYB allegedly learned that Hernandez had entered an exclusive contract with the plaintiff, HQD, to endorse their vaping products. According to Brito, the other competitors (SYB) tried to get Hernandez to endorse their vaping products instead. They even allegedly offered Hernandez $1 million to sign with SYB, which Hernandez declined.
However, SYB then later signed a $250,000 agreement with Hernandez’s girlfriend Yailin la Más Viral who has 11 million Instagram followers. The complaint further alleges that these actions were taken by SYB to use la Más Viral’s relationship with Hernandez to take advantage of Hernandez’s and the plaintiff’s vaping product’s growing popularity.
Joshua Kon, an attorney for Stok, Kon and Braverman, which is defending Fume in the lawsuit, called the case “lukewarm,” adding that HQDTech and Dummy Vapes are attempting to illegally use and take advantage of the popularity of Fume vaping products.
“HQDTech, Dummy Vapes and its principals perpetrated an elaborate fraud on Daniel Hernandez, aka Tekashi 6ix9ine, as well as the vape consumer marketplace,” Kon said. “HQD and Dummy Vapes lied to everyone and encroached on the ‘Fume’ brand’s commanding market share, flouting Federal and Florida laws in the process.
“As a consequence, QR Joy, QR Fume and SYB Entertainment Group intend to immediately file a motion to dismiss and a substantial counterclaim to rectify these wrongdoings and hold HQD and Dummy Vapes accountable for their unlawful profiteering.”
Motion for injunction
The plaintiff’s attorney immediately filed an emergency motion for temporary and preliminary injunction. “[This was] to stop the defendants from continuing to harm the plaintiffs’ business, which has been scheduled for hearing on Nov. 16, 2023,” Brito said.
The complaint also alleges the SYB was behind a letter attempting to gain confidential documents from the plaintiffs, according to a story on law.com.
“Rather than just play it straight and wait for the contract to expire or negotiate with our clients for a buyout, [Fume] had gone the route of trying to be deceptive in forming a new company, claiming that company to be a management company for Mr. Hernandez, and asking us to produce our agreements with Mr. Hernandez under the guise of this new entity. That’s really deceptive,” Brito said.
Risks that ‘go far beyond’
At the start of this year, John Uustal, a lawyer based in Fort Lauderdale and the founding partner of Kelley|Uustal, represented rapper Flo Rida in a lawsuit against Celsius Inc., the company behind the well-known energy drink. The jury ultimately awarded Flo Rida an $82.6 million dollar judgment in compensation for breach of contract.
While not a part of the Fume lawsuit, Uustal said cases involving celebrity endorsements are “almost always insanely complicated, because there is so much more going on” than just the legal issues.
“Sometimes celebrities get taken advantage of because it’s not worth it for them to enforce their rights legally,” Uustal said. “And when they do, there are real risks that go far beyond the litigation because the litigation affects reputation.
“In a case like this, where the celebrity is not actually a litigant, the parties must still consider the ramifications of the litigation on the relationship with the celebrity.”
Uustal said this dispute does not currently have a realistic and accurate way to value the injury to HQD if the company wins on liability.
“In a case I recently went to trial on, the measure of damages was 750,000 shares of stock, which is what the contract called for if certain benchmarks were met,” Uustal said. “That’s a lot simpler than measuring how the alleged conduct affected a business,” referring to the Flo Rida win.
In the HQD v. Fume vaping case, Brito—who also represents former President Donald Trump in his South Florida lawsuit against his former attorney Michael Cohen for attorney-client privilege violations—says his vape company clients are looking for substantial damages, “which has been caused and will continue to be caused by virtue of the usurpation of sales, as well as confusion in the marketplace.”
October 30, 2023
Florida Sues Juul Labs for Marketing to Youth

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Florida’s attorney general, Ashley Moody, has filed a lawsuit against Juul Labs, alleging that the company improperly marketed its products to children and offered misleading information about its products’ nicotine content, reports WUSF.
The suit was filed in Hillsborough County Circuit Court. It seeks civil penalties and an injunction to prevent Juul “targeting children through their marketing and product design and from deceiving consumers with respect to the nicotine concentration.”
“Juul relentlessly marketed to underage users with launch parties, advertisements using trendy-looking and young models, social media posts and free samples,” the lawsuit states. “It created a technology-focused, sleek design that could be easily concealed and sold its product in flavors known to be attractive to underage users. Juul also manipulated the chemical composition of its product to make the vapor less harsh on the throats of the young and inexperienced consumers it courted. To preserve its young customer base, Juul relied on age verification techniques that it knew were ineffective.”
Juul responded to the lawsuit, stating that “it is disappointing to see the Florida attorney general direct her state’s resources to suing Juul Labs.”
Juul’s response sets out “a few facts that should be understood,” including that “Florida’s attorney general initially led the negotiations between the state attorneys general and Juul Labs. For reasons that have not been explained to the public, she ultimately decided not to participate in a settlement to which 48 states and territories are now party to. Had she done so, like all those other jurisdictions, Florida would have its share of millions of dollars to help combat underage use and develop cessation programs. Instead, the Florida attorney general has now embarked on a drawn-out, expensive and uncertain legal process.”
“Second,” the response continued, “Florida today suffers from the highest sales in the nation of illicit and potentially harmful disposable products emanating from China. These products are not in compliance with the [U.S. Food and Drug Administration’s] regulatory regime and, in many cases, are flagrantly targeting the state’s children. By contrast, over the past four years, Juul Labs has taken meaningful steps, including ceasing distribution of nontobacco, nonmenthol products in advance of FDA guidance on flavors, halting mass market product advertising, and restructuring our entire company with an emphasis on combating underage use. In part, due to these efforts, we have seen underage use of Juul products cut by 95 percent.”
The response went on to allege that “Florida has the highest sales of these mostly foreign-made products in the United States, with over 60 percent of vapor sales dominated by disposables whose companies often disregard responsible practices with inappropriate flavor names and questionable marketing. Over the past months, we have been engaged with the attorney general’s office to help create a best-in-class program to combat illicit products. Even though Juul Labs plans to fight this case vigorously, the company remains ready to help Florida stem the tide of the proliferation of Chinese-made disposable products that have found what amounts to be a safe haven for foreign-made illegal vapor products.”
October 5, 2023