Tag: vape registry

  • Iowa Vape Companies Sue to Block Registry

    Iowa Vape Companies Sue to Block Registry

    A group of e-cigarette and vaping product distributors and retailers is suing the state of Iowa to block enforcement of a new law set to take effect in February.

    Alternatives to Smoking & Tobacco Inc., Global Source Distribution, Triton Distribution, Smokin Hot, Central Iowa Vapors WDM and Route 69 Vapor filed the lawsuit last week in U.S District Court for the Southern District of Iowa.

    The companies allege that House File 2677, signed into law earlier this year, violates the supremacy clause and equal protection clause of the U.S. Constitution, as well as the equal protection clause of the Iowa Constitution.

    State records show House File 2677 was introduced on March 27, 2024, with backing from lobbyists for R.J. Reynolds and other tobacco companies. Lobbyists for the American Cancer Society Action Network declared their opposition to the bill within two days, according to media.

    The bill was approved in the Iowa House on April 3, 2024, and in the Iowa Senate on April 19, 2024. Gov. Kim Reynolds signed it into law on May 17, 2024.

    The law stipulates that manufacturers whose electronic nicotine delivery systems — more commonly known as electronic cigarettes, e-cigarettes and vaping products — are sold in Iowa must certify that its products “have received a marketing authorization” from the Food and Drug Administration or that its application for authorization was filed by September 2020 and is still under review.

    The Iowa Department of Revenue is then tasked with producing a publicly accessible directory listing all the certified vaping products — at which point any retailer selling products not on the registry is subject to fines or other enforcement action.

  • Georgia House Welcomes ‘False’ Registry Comments

    Georgia House Welcomes ‘False’ Registry Comments

    Credit: Hafakot

    Earlier this year, the Georgia legislature adjourned before the Senate could consider House Bill 1260, also known as the Georgia Nicotine Vapor Products Directory Act. If passed, the bill would have established a registry for vape products that had premarket tobacco product applications (PMTA) either authorized or under consideration by the U.S. Food and Drug Administration.

    Manufacturers would add their products to the registry voluntarily.

    According to reporting by Filter, legislators formed the Safety & Consumer Protection of Nicotine Vapor Products Study Committee in March. At the committee meetings held September 5 and September 9, law enforcement officers and school administrators took turns giving wildly inaccurate testimony about how United States teenagers are being killed off en masse by unregulated, disposable flavored vapes imported from China.

    The September 9 meeting featured a slideshow titled Flavored Disposable Vape–The New Face of Organized Crime, describing how the epidemic was leading children down a path toward transnational drug trafficking. It was kept off-camera during the livestream, due to apparently containing top-secret law enforcement intelligence.

    “Again, everything’s Chinese, from China. What else is China bringing into the United States?” asked copresenter Carlos Sandoval. “Methamphetamine. Cocaine. Vapes is another new product, it’s opening another door for organized crime and cartels.”

    Despite the fact that the both study committee and the tabled bill are purportedly about nicotine vapor products, the committee appeared to be about equally preoccupied with THC. Both were described as “highly addictive” and “silent killers,” often interchangeably.

    One former principal testified that one of the only interventions she’d found helpful to prevent vaping in her school was a “rewards program” that used a school communications platform to apparently place small bounties on students who vaped.

    “A student could go on there and turn in someone who was vaping in the bathroom,” she said, “and if we were able to prove it they would receive a $25 gift certificate. We called it ‘Snitches Get Riches.’”

  • Retailers Move to Reinstate Challenge of Registry Law

    Retailers Move to Reinstate Challenge of Registry Law

    Credit: Lulla

    Kentucky vape retailers plan to appeal the dismissal of their challenge to a 2024 state ban on selling some vaping products. A Franklin Circuit judge in late July dismissed their lawsuit challenging the 2024 law.

    Greg Troutman, with the Kentucky Smoke-Free Association representing vape retailers, filed a notice of appeal with the Kentucky Court of Appeals last week.

    Troutman, on behalf of the retailers, had sued Allyson Taylor, commissioner of the Kentucky Department of Alcoholic Beverage Control and Secretary of State Michael Adams, arguing the new law did not pass constitutional muster, according to media reports. 

    Franklin Circuit Judge Thomas Wingate disagreed in a July 29 opinion. He dismissed the challenge, saying the law did not violate the state Constitution. 

    House Bill 11, which passed during the 2024 legislative session, goes into effect Jan. 1. Backers of the legislation said it aims to curb underage vaping by limiting sales to “authorized products” or those that have “a safe harbor certification” based on their status with the U.S. Food and Drug Administration (FDA). 

    Opponents have said it will hurt small businesses, lead to a monopoly for big retailers and could drive youth to traditional cigarettes. 

    According to Legislative Ethics Commission records, Altria, the parent company of tobacco giant Phillip Morris, lobbied for the Kentucky bill. Based in Richmond, Virginia, the company is pushing similar bills in other states. Altria, which has moved aggressively into e-cigarette sales, markets multiple vaping products that have FDA approval.

  • Kentucky Judge Hears Vape Registry Bill Case

    Kentucky Judge Hears Vape Registry Bill Case

    Credit: Adobe

    Franklin Circuit Judge Thomas Wingate heard arguments Monday in a case challenging the constitutionality of a 2024 law banning the sale of some vaping products.

    This comes as the defendants — Allyson Taylor, commissioner of the Kentucky Department of Alcoholic Beverage Control, and Secretary of State Michael Adams — filed a motion to dismiss the case.

    Should Wingate grant that motion, the plaintiffs — the Kentucky Vaping Retailers Association, the Kentucky Hemp Association and four vape shops — will appeal the decision, their lawyer told the Lantern. The plaintiffs have also filed a motion for judgment, according to media reports.

    Either way, the case is far from settled. It’s unclear when a decision could come, as Wingate said it will “take a while” for him to review.

    The lawsuit centers around House Bill 11 passed during the 2024 legislative session. Backers of the legislation said it’s a way to curb underage vaping by limiting sales to “authorized products” or those that have “a safe harbor certification” based on their status with the U.S. Food and Drug Administration (FDA).

    Opponents have said it will hurt small businesses and lead to a monopoly for big retailers.

    According to Legislative Ethics Commission records, Altria, the parent company of tobacco giant Phillip Morris, lobbied for the Kentucky bill. Based in Richmond, Virginia, the company is pushing similar bills in other states.

    Greg Troutman, a lawyer for the Kentucky Smoke-Free Association, which represents vape retailers, told the judge Monday that among his issues with the new law is the way it defines “vapor products” and “other substances,” looping e-cigarettes and vapable hemp and marijuana products together. He argues that combination makes the law too broad and arbitrary to pass constitutional muster.

  • North Carolina Lawmakers Pass Vape Registry Bill

    North Carolina Lawmakers Pass Vape Registry Bill

    North Carolina Capitol Building in Raleigh (Credit: PaBrady 63)

    The North Carolina General Assembly has passed legislation to create a registry for vaping products, allowing for the sale of only a limited number of products.

    The Senate Judiciary Committee approved the proposal last week, and it advanced through its final committee stop Thursday, setting it up for a vote on the Senate floor. The proposal was added to HB 900, which deals with Wake County leadership academies.

    The new rules go into effect Dec. 1. Critics—including owners of vape stores and convenience stores that sell vaping products—say they could harm their bottom lines and potentially put them out of business.

    State lawmakers who support the bill cite health concerns and fears that vaping products are being marketed toward children using bright colors and sweet, candy-like flavors.

  • Florida has First-in-Nation Disposable Vape Registry

    Florida has First-in-Nation Disposable Vape Registry

    Credit: Ball Studios

    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.

  • Vape Shop Owners Challenge Kentucky Registry Bill

    Vape Shop Owners Challenge Kentucky Registry Bill

    Credit: Adobe

    Several vape businesses, as well as the Kentucky Hemp Association and Kentucky Vaping Retailers Association, are suing the state government over House Bill 11, which will restrict vape sales starting in 2025.

    Among other policy changes, HB 11 will bar businesses from selling vapes that are either not authorized by the U.S. Food and Drug Administration or are not currently under review by the regulatory agency.

    During public debates, various arguments for and against HB 11 were made before the Legislature passed the law in late March.

    But the vape shops’ lawsuit, filed last week in Franklin Circuit Court, challenges the legislation on constitutional grounds, according to media reports.

    The lawsuit zeroes in on HB 11’s reliance on defining a “vapor product” in a way that includes devices that feature “vaporized nicotine or other substances.”

    The shops’ petition says this definition encompasses not only nicotine vapes but also hemp-derived vaping products they currently sell. And it says the definition is broad enough to apply to medical cannabis vaping products that will become legal in Kentucky next year.

    The lawsuit argues this makes the new law unconstitutional for two reasons.

    First, it claims HB 11 violates a provision in the Kentucky Constitution that says the Legislature can’t pass a law that relates to more than one subject, and that subject must be specified in its title.

    The plaintiffs say HB 11 is titled an “act relating to nicotine products” but actually affects non-nicotine products as well. They argue this effectively violates the constitutional rule.

    Second, the lawsuit says hemp-derived vapes generally aren’t regulated by the FDA, which makes it impossible for businesses to comply with HB 11’s requirement that they only sell vapes that have received or are seeking FDA approval.

    The suit argues this violates a due process clause in the U.S. Constitution and makes HB 11 an “arbitrary” law, which is prohibited by the Kentucky Constitution.

  • Governor Signs Kentucky Vape Registry Law

    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.

  • Nebraska Bill Would Create Vape Registry, More Tax

    Nebraska Bill Would Create Vape Registry, More Tax

    Credit: Mandritoiu

    Nebraska is seeking to join the growing number of states that have created a registry of authorized vaping products retailers can sell.

    State Sen. Jana Hughes sponsored a successful bill last year that implemented a 5-cent-per-militer excise tax on disposable vape liquids and a 10 percent wholesale tax on other electronic nicotine-delivery system (ENDS) products that began Jan. 1.

    She has returned this year with Legislative Bill 1296, to regulate vaping products through a vape registry and increase the tax on wholesale products to 20 percent.

    Earlier this month, lawmakers advanced LB 1296 by attaching it to LB 1204 — a General Affairs Committee priority bill — and advanced the package again Friday. It is awaiting one final round of debate.

    Hughes told media that in the United States, there’s a perception that products sold in retail outlets are safe. However, she said, the federal government, which is supposed to be responsible for product regulation and safety, has dropped the ball.

    “If they get their stuff together … then we’re done,” Hughes said of her bill. “But they’re not doing it.”

    Hughes said she had amended her legislation in part with the help of “reputable” vape shops and would have manufacturers list their chemicals, allowing easier regulation and seizure if needed. The senator said this could also prevent imports of products from outside the country, where 99.9 percent of all vaping products are produced.

    Her proposal is not meant to be a moneymaker or a money sucker, she said, but to create an even “wash” between fees assessed on the vape industry and oversight costs.

    “But that’s the hard part: This is brand-new territory,” Hughes said.

    Under her bill, an application for certification would cost $75 for each type or model of electronic nicotine delivery system sold in Nebraska instead of $250 per system. Hughes noted that lawmakers may need to extend the debate one more time if the fiscal estimate isn’t a “wash.”

    Hughes’ bill would also require in-person pickup of vape products and end mail delivery for purchases made online or over the phone.

    The bill also has provisions meant to crack down on advertising targeted at minors, outlawing ads or packaging that depict a cartoon-like fictional character that mimics a character primarily aimed at entertaining minors, imitating or mimicking trademarks or trade dress of products that are or have been primarily marketed to minors, or including an image of a celebrity.

  • Georgia Lawmaker Introduces Vaping Registry Bill

    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.