Florida Crackdown on Vapes Causes Fears of Big Tobacco's Power

TALLAHASSEE, FL—Florida is cracking down on vapes, limiting their sale exclusively to Food and Drug Administration (FDA)—approved products, worrying business owners and smokers alike about increased powers to Big Tobacco.

Proposed by Republican Sen. Keith Perry, SB 1006 limits vape sales to FDA-approved products and products under review for approval, which are exclusively products made and sold by Big Tobacco. This would leave just 23 vaping products left on smoke shop shelves—all tobacco-flavored. The bill also creates an online directory under the Department of Business and Professional Regulation for nicotine manufacturers to register and review their FDA-approved products.

"The goal is to keep our children safe. Florida has the distinction of being the number one state in the country for illegal and illicit vapes," Sen. Perry said in Tuesday's Senate Fiscal Policy Committee. "More than 363 million dollars in illegal vapes were sold in Florida last year, and most of those were marketed to and designed to hook kids with bright colors and candy or fruit flavors."

The impetus for the bill is a recent surge in illegal vape products entering the country via overseas entities like China, despite the FDA's attempt to crack down on Chinese vape products and child-enticing candy flavorings.

A series of speakers opposed the bill in public testimony, citing fears of a decrease in jobs and economic activity, and increased power to big tobacco companies.

"Passing this bill is terrible for Florida business owners, Florida employees, and the free market here in our great state," one woman from Edgewater said. "Out of millions of products, this bill will only leave 23 vapor products legal to sell here—all of which are owned by the big tobacco companies."

Trevor Campbell, an owner of 13 vape stores across the state, spoke next. He explained that he employs 28 Floridians whose salaries total over one million dollars a year. "This bill will cause me and over 10,000 retail businesses to close...There will be a loss of over 50,000 jobs and a loss of $1.2 billion in economic activity over this state,"

"This would raise taxes and create a deficit. This would devastate our economy at this time of inflation," he continued. "This bill will create black markets for these products."

In his close on the bill, Perry explained that while his bill does not explicitly deal with flavoring issues, he finds it hard to believe that smokers who rely on vapes to quit would pick "bubblegum or blue raspberry", stating that these flavors are designed to entice children and teenagers.

"This bill simply does not deal with flavors—it simply says the FDA regulates them. This bill just makes a directory that we can look at."

The bill passed the Fiscal Policy Committee and will now head to the Senate Floor for final approval.