New legislation restricts adult choice, hurts small businesses, and benefits Big Tobacco
It should come as no surprise that vaping has become a controversial issue in Mississippi as it has in so many cities across the United States. Right now, there is new legislation in the works proposed by opponents of vaping that would dramatically escalate vaping restrictions in Mississippi, making them more severe and difficult to navigate for both adult vaping enthusiasts and the smoke and vape shops throughout the state where they legally purchase vaping products.
If passed, this new legislation is scheduled to go into effect on July 1, 2024, and will remain in effect from that day. So, if you are someone who believes that consenting adults should be allowed to vape at their discretion, now is the time to make your voice heard to Mississippi legislators.
What can you do to stop the Mississippi vape ban?
You can start by joining CASAA, an organization that mobilizes action and helps individuals make a difference by amplifying their voices. Click here to get started, learn more about crafting a compelling message against SB 2441, and even send your message to legislators. As of yet, there is no scheduled date for when this topic will be heard in the legislation, but acting sooner than later means you’re sure your voice will be heard.
What is the new anti-vaping legislation proposed in Mississippi?
The legislation is officially entitled Mississippi Senate Bill SB 2441 – Alternative nicotine products; prohibit distribution or sale of certain products. You can find the complete bill description here. For those not interested in wading through the political speak laid out in the bill, what this proposed legislation essentially will do is amend state vaping rules in ways that will prohibit a person (or vape shop) from distributing, selling, or offering for sale any alternative nicotine product that cannot be legally marketed or sold under federal law or rule – in other words, the United States Food and Drug Administration (FDA).
Why are FDA vaping regulations a problem?
There are many reasons this bill adds up to big problems from both the perspective of individual rights and the financial impact it will indeed have on so many small businesses in Mississippi. The FDA’s regulations regarding vaping and flavors have been a collective failure, and this bill will make Mississippi an enforcement arm of these harmful laws. Here are a few points to consider:
- Under FDA rules, your friends (we say that sarcastically) at Big Tobacco will gain a monopoly over vaping. They’re already on their way! FDA regulations only allow for the sale and marketing of federally approved vaping devices only. Who do you think has most of the approval? Hint: it’s not the independent vaping manufacturers who are providing you with adult vaping products at affordable prices.
- Many people who currently vape are former smokers. Restricting their access to the vapes of their choice very well may have them turning back to cigarettes. Which problem is worse? Vaping or cigarettes? There is plenty of evidence showing that vaping is less harmful than inhaling tobacco smoke. People have the right to make the switch.
- This law also bans the sale of popular and highly affordable disposable vapes, which compete with the pre-filled pod kits often made by Big Tobacco companies. Tax-paying adults will be forced to spend more of their income if they wish to continue vaping.
- Mississippi's Local vape and smoke shops will take the most significant financial hit under SB 2441. They’ll no longer be able to sell many of the vaping products their customers desire, and that will put hard-working owners out of business and hardworking employees out of jobs.
- If this bill is enacted into law, it will limit the number of vaping products available to legal-age, tax-paying adults in Mississippi, and it will threaten hundreds of thriving small businesses in the state – all while making Big Tobacco all that much more significant.
Conclusion
There is no argument that regulation is necessary with nicotine products like vaping systems. Underage usage should be prohibited, and selling to underage users should be punishable under the law. However, the FDA “flavor” ban has proven itself to be unsuccessful, with a study conducted in 2023 showing that less than five percent of adult users quit using nicotine products due to the new restrictions. Instead, they switched to other approved vaping devices or, even worse, went back to tobacco products.
Ultimately, it comes down to this. As a tax-paying adult, do you believe you have the right to make your own choices regarding vaping in Mississippi? If so, we encourage you to make your voice known before state legislators vote on Bill SB 2441. Again, you can learn more at casaa.org.
