A law that Louisiana lawmakers passed this summer to try to ban nicotine vapes is likely to start having an impact on people who live and work in the state. This bill, Act 414 by Rep. Paul Hollis, R-Covington, began as a way to raise taxes on vapes but quickly turned into a wider law that greatly limits the types of vapes that can be sold in an effort to curb their use, especially those that are marketed to teens and sold without FDA approval.
The tax hike started in July, but soon there will be another part of that law that will go into effect that is meant to stop the sale of illegal vape shops in Louisiana. Know these things.
What is Happening Now?
Beginning October 1, companies that make vapes, e-cigarettes, and other nicotine-free products sold in Louisiana should have begun registering each one with the state’s Office of Alcohol and Tobacco Control.
The state is trying to make a list of all the FDA-approved vapes and other nicotine products that are sold in the state. It is against the law to sell something in Louisiana if it is not on the registry.
Vape Product Get Authorized
In order for a product to be sold legally in Louisiana and be added to the state’s “V.A.P.E. Directory,” manufacturers must fill out a form showing that each product meets one of the following conditions:
- The item has been sold in the US since 2016 and the company that made it asked the FDA for permission to market it before 2020.
- An order to market the product is being looked at by the FDA.
The item doesn’t have a marketing order, but the maker won a lawsuit that stopped it from going on sale. - The product has an FDA order to go on sale.
Products that have been officially approved by the state or federal government will be listed on ATC’s V.A.P.E. Directory online as of November 1. This is where you can find the V.A.P.E. Directory.
It’s not yet clear which products will be okay, but the law could make it illegal to sell most flavored vapes in Louisiana. This will likely greatly reduce the number of products that can be bought.
A distributor told a committee that before the law was passed the list would make it harder for popular single-use vapes like EscoBars, Puff Bars, and Elf Bars to be sold. These vapes have angered lawmakers and regulators across the country. Recently, the FDA cracked down on Elf Bars by telling stores to stop selling them and stopping imports.
The State Cracking Down on Vapes
Manufacturers of vapes and other nicotine products say they are safer than regular cigarettes and can help adults quit smoking. However, critics say the products, which often taste like fruit and are easy to hide, are aimed at teens and are making a new generation of nicotine addicts.
It’s also been hard for the government to keep up with the constantly changing products, which are often sold online and in other places without FDA approval.
Louisiana’s ATC said in an emergency rule that the new registry was needed “to prevent imminent peril to the public health, safety, or welfare due to the risk of online sales and sale of products not in compliance with federal and state laws and requirements.”
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