Guest Author
In Florida and across the country, a growing number of former adult smokers are making the conscious decision to switch to less harmful, reduced-risk products, such as vapes. These harm-reduction products offer smokers who are struggling to quit an alternative to combustible tobacco that can help them kick their smoking habit and potentially improve public health.
For that reason, the Florida Smoke-Free Association is grateful to Gov. Ron DeSantis for amending a bill that he signed into law cracking down on the sale of vapes to minors and continuing to allow the sale of vape products to responsible adults seeking an alternative to cigarettes.
Originally, the new law (HB 1007) would have banned the sale of any vape products that had not yet received approval from the U.S. Food and Drug Administration (FDA). That would have limited Sunshine State vape store owners and proprietors to selling just 23 vape products — all tobacco-flavored and sold by just a handful of companies.
Thankfully, DeSantis’ amendment ensures that all vape products will be available for purchase in the state, as long as products are not marketed to minors. These products must go through a rules committee prior to being placed on a “do not sell” list. The list must be created starting Oct. 1, 2024, and be complete by Jan. 1, 2025. Additionally, refillable vaping devices and e-liquids will not be impacted by this legislation. This update to the law makes it much more palatable for adult vapers, vape store owners, and the entire vaping community — while still ensuring reasonable regulations that keep bad actors in line and prevent minors from accessing vaping products.
In its original form, HB 1007 represents a larger, nationwide push by certain companies to force the passage of state legislation that would limit the sale of vapes to just the products owned by the tobacco industry itself. This is a blatant attempt to control market share and force out competition and, ultimately, is bad for current smokers who deserve more — and often less harmful — choices at the counter. In some instances, these companies have deployed hyperbolic rhetoric and scare tactics to justify their efforts. Thankfully, DeSantis did not fall for it and followed the facts.
If there is any area of our industry that truly needs reform, it is at the federal level and within the failed FDA review and approval process. The FDA’s Center for Tobacco Products (CTP) is supposed to comply with a statutory, 180-day deadline to review new tobacco product applications, many of which are potentially less harmful than combustible cigarettes. However, as Florida’s vape manufacturers have experienced, working through this process is often a painstaking, costly and onerous ordeal that has resulted in a backlog of thousands of applications that have sat with the CTP for years.
Federal policymakers must work to hold the CTP accountable for failing to approve new tobacco product applications in an efficient and timely manner to ensure continued access to reduced-harm products for Floridians and all Americans. We look forward to working with Florida’s Congressional Delegation on common-sense reforms, many of which were aired during a recent hearing in the U.S. House Committee on Oversight and Accountability.
As we work on progress at the national level, we also look forward to working with Gov. DeSantis and State Attorney General Ashley Moody to continue preventing youth access to vape products, while preserving the ability for Florida adults to make their own decisions about tobacco and nicotine products.
___
Nick Orlando is president of the Florida Smoke-Free Association
