Florida bill requires vape makers tell users products are not approved by FDA

TALLAHASSEE, Fla. – A Florida Senate panel favored a bill Tuesday requiring nicotine product manufacturers identify their product as not being approved by the Food and Drug Administration.

Sen. Keith Perry, R-Gainesville, filed SB 1006.

Under the bill, nicotine manufacturers will be required to register their unapproved product with the Florida Department of Business and Professional Regulation.

“This bill simply creates a directory around our nicotine product manufacturers to register their product with the Florida Department of Business and Professional Regulation and certain FDA related documentations that product is not prohibited by the FDA,” Perry said to the committee. “This bill [will] require the DBPR to put a directory online for retailers and wholesalers to review and ensure only products into directory are sold.”

Perry said Florida is the number one state in the country for illegal and illicit vapes. According to the Florida Retail Federation, illegal revenue from vapes sold is an estimated $360 million.

The Florida Senate Appropriations Committee on Agriculture, Environment, and General Government passed the bill 9-0.

John Guard, speaking on behalf of the Florida attorney general’s office, supported the proposal.

“Twenty-two percent of Florida High School schoolers, and 12% of Florida middle schoolers have vaped overwhelmingly,” Guard said. “Florida’s children are choosing these $364 million worth of illicit vapes that are coming into this country. This bill would slower stop that flow to Florida’s youth and it is for that reason the Attorney General supports this bill.”

The bill received push-back from a number of small business owners, including Houston Blackwell.

“This bill does nothing to address youth vaping, like limiting where those products are sold,” Blackwell said. “Instead, it hands the monopoly over to Big Tobacco who would control the only registered or FDA applied items on the market today.”

Under state law, store owners are allowed to sell vapes to adults 21 and older.

Blackwell mentioned everyone entering his store is ID’d and those under 21 are turned away.

“We use these products to quit smoking. Please allow the adults the freedom to choose an alternative to cigarettes,” Blackwell said.

One small business owner argued eliminating “healthy made” vaping options will hurt his small business and not effect corporations.

“Passing a bill like this wouldn’t hurt that corporation that put those products out, it’s going to hurt the thousands of small businesses who have all these other options,” the owner said.

Another small business owner called the bill “big government overreach.”

“This bill does not eliminate vaping at all,” Perry said in closing. “It does not have a flavor ban in it at all. What it simply does is says we’re going to have a state registry and only the products that are approved by the FDA are going to eligible for that registry.”

SB 1006 now moves to the Fiscal Policy Committee for approval. It will take effect if fully passed on Oct. 1.