Bill banning all but 23 Big Tobacco-owned vape products heads to Senate floor

Collection of e-cigarettes or electronic cigarettes for liquid and vaping are displayed on clean backhground
‘If you’re in the business that’s predicated on selling products being marketed to children, then maybe you can find a different line.’

A bill that would ban Florida sales of all but 23 tobacco-flavored vaping products sold by Big Tobacco companies is heading to the Senate floor despite public pushback.

The measure (SB 1006) wouldn’t explicitly limit retailers to selling those products. But it would prohibit sales of any vapes that have not received Food and Drug Administration (FDA) approval. And of some 26 million products submitted for approval, only 23 owned by RJ Reynolds, Japan Tobacco International and Altria, the parent company of Philip Morris, have received clearance.

Gainesville Republican Sen. Keith Perry said the goal of his bill is to keep children safe. He noted Florida is No. 1 nationally for sales of illegal vaping products, representing a $363 million illicit market last year.

“Most of those were marketed and designed to hook kids with bright colors and candy or fruit flavors,” he said Tuesday before the Senate Fiscal Policy Committee voted to advance his measure.

Perry’s assertion lines up with the opinion of FDA and U.S. Department of Health and Human Services officials, who have long maintained that flavored vape products, including menthols, are more attractive to children. Attorney General Ashley Moody agreed as well and in October sued vape company Juul, of which Altria is a 35% owner, alleging it improperly markets to minors.

SB 1006 and a similar House measure (HB 1007) by Palm City Republican Rep. Toby Overdorf would create a directory under the Department of Business and Professional Regulation (DBPR) for manufacturers of nicotine dispensing e-cigarettes and vape products to register the goods they sell that are FDA-approved. DBPR would then publish the list online for retailers and wholesalers to review for compliance.

Wholesalers would have to receive a permit to do business in Florida. Violators would face between $500 and $5,000 in fines and of 60-day to five-year prison sentences.

Chief Deputy Attorney General John Guard again spoke in favor of the legislation, which he said matches congressional policy and will curb “vape products being illegally and illicitly dumped in Florida … by Chinese manufacturers (that) overwhelmingly target minors.”

But according to more than a dozen businesspeople and customers of Florida’s vape industry, all 23 products the FDA approved are also manufactured in China, and limiting sales to just 23 items could lead to returned tobacco use and inadvertently hurt medical marijuana users.

Trevor Campbell, who owns 13 vape stores in Florida, said SB 1006 will lead to more than $1 billion in losses and create a black market full of potentially dangerous products. And because certain vape cartridge types will no longer be legally available to consumers, medical marijuana patients will have to smoke or ingest the drug to receive the desired effect.

“People with (missing) limbs, disabled veterans (and) people that (have cancer or whose hands shake) can’t roll (joints). They have to use devices,” he said. “It’s almost like taking a wheelchair from a guy that needs it.”

Perry pushed back against arguments that limiting flavors and non-FDA-approved products will do more harm than good. He added that people who want to quit smoking aren’t likely to go from tobacco to bubblegum- or blue raspberry-flavored vapes.

“If you’re in the business that’s predicated on selling products being marketed to children, then maybe you can find a different line,” he said. “You can sell liquor, but you cannot sell moonshine in liquor stores. That gives people options, but we decided that’s not appropriate.”

Jesse Scheckner

Jesse Scheckner has covered South Florida with a focus on Miami-Dade County since 2012. His work has been recognized by the Hearst Foundation, Society of Professional Journalists, Florida Society of News Editors, Florida MMA Awards and Miami New Times. Email him at [email protected] and follow him on Twitter @JesseScheckner.


9 comments

  • Dont Say FLA

    February 27, 2024 at 1:53 pm

    Vapes are bad and kill our children and must be banned! Unless our lobbyist’s employers are the ones killing children in which case, that is totally Fine.

    • robrrt

      February 28, 2024 at 8:28 am

      Show us where nicotine vaping has killed a child

    • Terry Johnson

      March 6, 2024 at 12:28 pm

      How about Mountain Dew liquor or Sunny D liquors that’s targeted towards kids. Let’s ban it too. !

    • Terry Johnson

      March 6, 2024 at 12:30 pm

      Alcohol is what’s killing our children

  • Michael Silva

    February 28, 2024 at 11:25 am

    I have not heard of a single death from vaping. This is a waste of congressional time, I believe you are well meaning but are passing bills with no data to backup your decisions. In the meantime the problems faced by the US are being ignored.

  • Anon

    February 28, 2024 at 5:17 pm

    How bout HOLDING THE PARENTS & THESE STORES accountable for ID’ing customers! Instead you’re going to punish the grown adults who need these products to either quit smoking or finding a healthier option to smoking than lighting one up? I’m sorry, not sorry that our legislation has turned into a joke. You’re going to end up screwing so many LEGITIMATE businesses out of money, you’re going to end up with more problems than what you started with. Just look what happened when Michigan tried to pull this crap. THEY HAD TO OVER TURN IT!

    PLEASE FOR THE LOVE GOD, pull your heads your of your arses and start using common sense and looking at the bigger picture than just one singular issue.

  • Sid

    March 5, 2024 at 1:24 am

    Laughable laws made by politicians in the pockets of big tobacco. This is going to cause thousands of people to get cancer including lot of “minors” .

  • VapeBoss

    March 5, 2024 at 1:57 pm

    A bill in Florida aims to restrict the sale of most tobacco-flavored vape products to only those approved by Big Tobacco companies. Despite opposition, the measure seeks FDA-approved products to protect children from attractive flavors. Critics warn of unintended consequences, fearing economic losses and potential risks for medical marijuana users.

  • Slim

    March 7, 2024 at 6:04 pm

    This world has much bigger issues to tackle!! Vaping saves lives!! Go after the parents that can’t control their kids rather than the people trying to better their lives!!!

Comments are closed.


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