Why public health groups are joining retailers to oppose Iowa vaping bill

DES MOINES — A bill supported by the tobacco industry that would ban retailers from selling vape products not listed on a state-approved registry has united two disparate groups in opposition: vape shops and public health advocates.

The companion legislation, House Study Bill 682 and Senate File 2402, would require retailers, distributors and wholesalers who sell vapor products in the state to put them on a new registry. Retailers could sell only products listed on the registry — which would be limited to those the U.S. Food and Drug Administration has approved for sale. The registration fee is $100 per product.

Those that violate the provisions would be subject to a $300 a day penalty.

Money collected from fees and penalties would be deposited into a trust fund to be used for substance use disorder treatment and prevention and tobacco prevention, cessation and enforcement.

At first blush, the bill seems to close a loophole leveraged by e-cigarette manufacturers and distributors.

Before manufacturers can sell new e-cigarette products, they must submit an application to the FDA to market the products. The FDA then can either grant their application, at which point they can sell their products indefinitely, or the FDA can deny their application — at which point they must cease selling them altogether.

But because of the lengthy time it takes the FDA to process applications, or because of legal challenges to denials, manufacturers and distributors keep their products in the marketplace until they receive a final answer.