Miami-Dade GOP slams vape expo as ‘mockery of our federal government’s failed enforcement’

Hialeah Republican Rep. Alex Rizo, Chair of the Miami-Dade GOP, correctly predicted a red wave in the county. Image via Colin Hackley/Florida Politics.

As vaping and cannabis enthusiasts converge on the Alternative Products Expo in Miami, the Miami-Dade GOP is sounding the alarm that many of the products there are federally banned, but still being openly sold. Fortunately, the state of Florida seems poised to address it when the federal government has not.

Hialeah Rep. Alex Rizo, the organization’s Chair, said in a statement that the expo and company’s “brazen defiance of federal law” must be called out, and products with child-enticing designs and flavors must be purged from the Florida marketplace.

“Illegal disposable vapes in flavors like ‘Rainbow Candy’ and wrapped in cartoon packaging are banned in the United States, but the predatory marketing practices of these Chinese manufacturers are the reason these sinister products have become the most popular products for middle and high school students,” he said in a statement.

“Manufacturers that have been placed on the (Food and Drug Administration) ‘Red List’ and subject to import restrictions by the FDA are openly marketing their illegal products in Florida and making a mockery of our federal government’s failed enforcement. We call upon federal, state, and local law enforcement officials to intervene and prevent these manufacturers from marketing their products within our borders.”

Rizo lauded the passage this past Session of HB 1007, which authorizes the Department of Legal Affairs under Attorney General Ashley Moody to identify and ban single-use vapes it deems attractive to minors. Reusable vapes and their e-liquid refills are exempted.

The bill, sponsored by Gainesville Republican Sen. Keith Perry and Palm City Republican Rep. Toby Overdorf, passed with bipartisan support in both chambers of the Legislature, with just five House Democrats voting “no.”

It goes into effect Oct. 1. Moody’s Office is to publish its first list of banned products on New Year’s Day.

In HB 1007, lawmakers chose to draw a line of distinction between single-use Chinese vapes and Florida small business owners that operate vape shops that largely sell e-liquid refills. The final legislation differs substantially from other model retail registry bills that have appeared on legislative dockets across the country.

The original bill worked as an extension of the FDA. It was aggressively supported by heavy industry players such as Altria and R.J. Reynolds. It would have outlawed all products in the state other than a few dozen controlled by tobacco conglomerates. Legislators stripped that language from the legislation, removing its reliance on the FDA, empowering the Attorney General to pursue single-use vapes, and protecting responsible vape shops’ continued operation.

“We look forward to the Governor signing this important legislation,” Rizo said before taking a shot at the toothless federal ban. “Legislation without enforcement is meaningless and allows predatory Chinese manufacturers to market their products with impunity right in our American cities. Today we are standing up against this scourge and calling on these manufacturers to get out.”