Florida may ban disposable flavored e-cigarettes

Time： 2024-03-08

The US state of Florida will ban the sale of disposable flavored e-cigarettes but allow the sale of refillable devices and e-cigarette liquids to protect teenagers from being attracted to them. The bill provides for jail time and fines for violations.

According to US media Floridapolitics, the US state of Florida bans the sale of disposable flavored e-cigarettes, but allows the sale of refillable devices and e-cigarette oil. Gov. Ron DeSantis now has the option of signing the bill, letting it become law without his signature, or vetoing it. If this bill is passed successfully, it will take effect on October 1 this year.

The HB 1007 bill, which can be called a "draconian amendment", will deal a fatal blow to disposable, colorful and tasteful e-cigarette products. However, reusable devices and e-cigarette liquids are specifically exempted from the bill's restrictions, which will mean that vapers, especially adults, can continue to carry out their smoking habit without any serious consequences. Many restrictions. “This is a complete exemption from, and I quote, the ‘open system’ of vape shop franchises,” said Toby Overdorf, a partner at Palm City Pollution Control.

The bill that passed HB 1007 is very different from the bill originally introduced by pollution control agency partner Toby Overdorf and Gainesville Republican Sen. Keith Perry. The original version of the bill prohibited the sale of any e-cigarette products that were not approved by the U.S. Food and Drug Administration (FDA). This will greatly limit the sales space of retailers, who will only be able to sell a total of 23 products from Reynolds Tobacco, Japan Tobacco International and parent company Altria. These products are all tobacco-flavored.

Overdorf and Perry said their goal is to protect Florida's youth, who prefer fruity flavors and well-designed products. They cited data from the FDA and U.S. health authorities showing that flavored e-cigarette products, including mint, are more attractive to children. Attorney General Ashley Moody made the same point in her October lawsuit against e-cigarette company Juul, asserting that Juul's products are "so sophisticated that they can be easily concealed... …and the taste has a certain appeal to underage users.”

During the committee process, however, lawmakers heard complaint after complaint from vape shop owners, former tobacco users and industry advocates that the impending flavor depletion would be a blow to their businesses and could lead to smoker relapse. The revised bill, HB 1007, appears to be a concession.

Rather than using FDA benchmarks, the bill directs Moody's Department of Legal Affairs to develop and maintain a catalog of disposable nicotine e-cigarettes that have the potential to attract minors. The department must make the directory available to the public by January 1, 2025, and update it periodically thereafter.

Once a product is added to the list, retailers and wholesalers will have 60 days to sell or remove the product from inventory. Afterwards, these products may be confiscated or destroyed. Those who knowingly sell, transport or receive prohibited products face up to one year in prison and a $1,000 fine. Starting March 1, 2025, manufacturers selling banned products within the state will face fines of $1,000 per device per day until the products are removed from the market.

These strict regulations will impact manufacturers, retailers, wholesalers and distributors who ship products within Florida. HB 1007 has unanimous support in the Senate.

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