House passes bill blocking all but 23 Big Tobacco vape products from Florida shelves

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A bill that would effectively ban all but 23 tobacco-flavored vaping products sold by Big Tobacco companies in Florida has cleared the House on a divisive vote.

The chamber passed the bill (HB 1007) 83-26. Two Republicans — including Alex Andrade and Bruce Antone — voted against the measure, which Palm City Republican Rep. Toby Overdorf sponsored.

If passed, the legislation wouldn’t explicitly limit retailers to only selling vape products with the Logic, NJOY and Vuse brand names. But it would prohibit the sale of any vapes that haven’t received Food and Drug Administration (FDA) approval.

And there’s the rub: Of some 26 million products submitted for FDA approval, only 23 owned by RJ Reynolds, Japan Tobacco International and Altria, the parent company of Philip Morris, have received clearance.

Proponents of the measure like Gainesville Republican Sen. Keith Perry, who is sponsoring a similar measure (SB 1006) in the Legislature’s upper chamber, say the proposed restrictions will better protect Florida youths. He cited data from the Florida Retail Federation, a big backer of the bill, which shows Florida is No. 1 nationally for sales of illegal vaping products — a $363 million illicit market last year.

FDA and U.S. Department of Health and Human Services officials have long maintained that flavored vape products, including menthols, are more attractive to children. Attorney General Ashley Moody shares that view and in October sued the vape company Juul, of which Altria is 35% owner, for improperly marketing to minors.

The bill’s supporters also frequently point out that non-FDA-approved vapes are overwhelmingly made in China and could be more dangerous for consumers. A national survey this year showed voters aren’t fans of imported Chinese vapes.

What those voters may not have been aware of, opponents have said, is that every one of the FDA-approved vapes also carry a “Made in China” label.

As the legislation advanced through committees this year, shop owners from around the Sunshine State said it would lead to major retail losses, relapsed tobacco use and a black market full of genuinely harmful products, among other negative impacts.

Nick Orlando, a shop owner in Clearwater and President of the pro-vape Florida Smoke Free Association PAC, said the bill will have a staggering impact on the growing industry here while doing little to improve public health.

He recommended that lawmakers instead draft another measure to restrict vape sales to products on the federal list of manufacturers, create a permitting fee to fund enforcement of state strictures and limit the sale of vapes to 21-and-over specialty stores.

“I believe Florida can do better,” he said.

HB 1007 will now go to the Senate, where Perry will represent it and his bill, one of which the chamber is likely to soon take up for a vote. Either version would go into effect Oct. 1.