Virginia Proposes Ban on Flavored Vapes
Suppose there’s a center point of the tobacco industry. In that case, Virginia is certainly it, which is why it may come as a surprise that Virginia is now taking new steps to curtail the sale and use of vaping products in the state, particularly among young people.
Two new bills proposed in January 2024 by Virginia state legislators, House Bill 1069 and Senate Bill 550, are calling for serious penalties on any products sold in Virginia that have not been cleared to be marketed in the United States by the U.S. Food and Drug Administration (FDA). Should the new legislation pass, retailers and wholesalers could be subject to fines as stiff as $1,000 per day for each product they sell that does not meet FDA criteria.
Feds vs. Flavors: Is the Vape Ban Winning the Battle?
The Food and Drug Administration initiated a national ban on flavored vaping products that went into effect in 2020, which prohibited the sale and marketing of all flavored nicotine vape juice cartridges and pod devices other than those flavored with tobacco or menthol flavorings.
This ban, however, does not apply to products sold before 2016 or disposable vape products, which are not prohibited under the regulations and are still widely available in smoke and vape shops around the country. Additionally, the federal ban has been widely ignored, and enforcement has been considerably lax, begging the argument as to the general effectiveness of banning vaping products in the first place. Add an influx of products being imported from China, which have circumvented permission from the FDA, and the efficacy of a vaping ban can be further questioned.
What Happens if the Bills Pass?
Should the House and Senate bills pass in Virginia, the state would operate much the same way states like Alabama and Louisiana do when it comes to vaping regulations.
A directory of legal vaping devices and products would be maintained by the Attorney General, and products that were not on that list could no longer be sold in the State of Virginia. Manufacturers would be required to certify in a filing with the Attorney General’s office that their product is covered by an FDA marketing authorization order or is exempt from such an order because it was sold in the U.S. prior to 2016 or was subject to a premarket tobacco product application dating from before 2020.
Additionally, the bills would require any retailer who sells, stores, handles, or transports nicotine vapor products to keep all records relating to sales and transportation for three years. These records would be subject to audit. Failing to maintain adequate records could result in Virginia vape shops being subjected to fines.
The bills further state that retailers and wholesalers would be subject to scheduled and unscheduled compliance inspection checks conducted by the Attorney General’s office to enforce the new regulations.
Clearing the Air: A Collective Effort to Stop Underage Vaping
In an article posted by the Richmond Times Dispatch, Del. Rodney Willet, D-Henrico, who was one of the sponsors of the Virginia House of Delegates bill, stated, “It’s a public health issue. They’re targeting kids with the flavors. When I walk into a convenience store, I’m just stunned by the number of these products that are for sale.”
While proponents argue that vaping products are less harmful than tobacco cigarettes and an effective way for many adults to quit smoking, opponents of vaping products call them a national health risk and, furthermore, call out manufacturers for deliberately marketing and selling to a youth audience, citing the fruit and candy flavors flooding the market.
A 2023 study reported by the Centers for Disease Control and Prevention (CDC) indicates that the use of all tobacco products, including e-cigarettes and vapes, among high school students actually decreased in 2022-2023.
How the Vape Ban Chokes Local Businesses and Paychecks
According to CASAA, a non-profit consumer advocacy group dedicated to empowering consumers and representing their interests, should the bills be passed, there could be consequences not cited in the legislation. This includes putting hundreds of local businesses – vape and smoke shops – at a high risk of closing, leaving workers unemployed, and putting thousands of Virginians who use vapes as an alternative to cigarettes at risk of going back to tobacco. These are certainly points worth considering when weighing the positives and negatives of the proposed bills.
Conclusion
The legalities of vaping and the best ways to regulate vaping products continue to be controversial topics in states across the nation. These latest two bills proposed in Virginia reflect the concerns that legislators have, many of which are well-founded. Still, whether a flavor ban or any other vaping ban, for that matter, is an answer that will yield desired results remains to be seen. What is certain, however, is that the vaping debate is sure to continue in the years ahead.
