Gov. DeSantis signs bill to restrict single-use vapes with carve-out for e-liquids

Gov. Ron DeSantis has signed legislation to crack down on the sale of unauthorized vapes with marketing and flavors attractive to children.

The new law (HB 1007), which targets only single-use products, goes into effect Oct. 1. It includes a carve-out for refillable devices and e-liquids that are part of so-called “open system” vape products that are often pricier and less colorful than their disposable counterparts.

Sponsored by Palm City Rep. Toby Overdorf and Gainesville Sen. Keith Perry, both Republicans, HB 1007 was among the most discussed non-culture war measures to pass this past Session.

In its original form, the bill would have prohibited sales of any vape products that had not yet received Food and Drug Administration (FDA) approval. That would have limited retailers to selling just 23 products — all tobacco flavored — sold by subsidiaries of Big Tobacco companies Altria, Japan Tobacco and RJ Reynolds.

But Overdorf and Perry amended the legislation on their respective chamber floors after hearing repeated complaints from business owners, industry advocates and consumers — many of them former smokers — that the proposed flavor death would hurt business and lead smokers to relapse.

The measure DeSantis signed Friday does not use the FDA standard, which could soon change. Instead, it directs the Department of Legal Affairs under Attorney General Ashley Moody 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.

Florida Smoke Free Association President and vape shop owner Nick Orlando, who argued against using the FDA standard at committee stops for the legislation in both chambers, commended lawmakers for passing what his organization considers sensible but responsible restrictions.

In fact, the restrictions in the final version of the legislation are nearly identical to those Orlando suggested at the bill’s second Senate stop in February.

“The voices of our members that traveled to Tallahassee to testify on this bill were heard,” he said in a statement Monday. “The vaping community is grateful to Gov. DeSantis and the Legislature for this bill that protects vaping options for adults, exempts open systems, regulates bad actors in our industry, and provides an avenue to protect our kids.”

That was the priority Overdorf and Perry returned to repeatedly during the committee process last Session. They cited data from the FDA and U.S. Department of Health showing flavored vape products, including menthols, are more alluring to kids.

Last year, the Associated Press reported that thousands of unauthorized disposable vapes from China had flooded U.S. markets. And according to the Florida Retail Federation, the Sunshine State is No. 1 in vape sales with a market that sees $363 million worth of illicit vape sales annually.

“Most of those were marketed and designed to hook kids with bright colors and candy or fruity flavors,” Perry said after his measure was cleared for a floor vote. “If you’re in the business that’s predicated on selling products being marketed to children, then maybe you can find a different line.”