Florida’s proposed vaping ban could pave way for similar legislation in Congress

A proposed vaping ban in Florida could find its way to the national stage as lawmakers look to crack down on illicit products being brought into the United States from foreign countries. 

The Florida legislature passed a bill earlier this month to implement stricter restrictions on flavored vape products and allow the state attorney general to compile a registry of products that are deemed attractive to minors. Once a product is added to the list, vendors have 60 days to remove it from their inventory. 

The bill has passed through both chambers in the state legislature and awaits Gov. Ron DeSantis’s (R-FL) signature to take effect. It’s unclear when DeSantis plans to take action on the bill, and the Washington Examiner contacted his office for comment.

Advocates of the bill praised its passage, arguing the legislation is needed to address the rising number of possibly dangerous vapes being brought into the country, particularly in Florida. Lawmakers have called for stricter enforcement of federal regulations on these products, prompting some states to take further action. 

“The federal regulations that are in place, there’s really no enforcement mechanism from the feds,” Ned Bowman, president of the Florida Petroleum Marketers Association, told the Washington Examiner. “I mean, the amount of vaping and the amount of imports that are coming in from China — it’s very difficult for the FDA, within their budget means, to stop all the products.”

At least six states have already implemented some form of a ban on flavored vaping products, and five states have some sort of registry bills. Roughly two dozen other states are currently debating registry bills that would further restrict what products can be sold in stores.

A handful of senators on both sides of the aisle have called on the FDA to crack down on the number of illegal vapes coming into the country from China, such as Sens. Dick Durbin (D-IL) and Tom Cotton (R-AR). Now, with the passage of Florida’s proposed ban, similar proposals could find their way into the halls of Congress.

“We’ve had constituents and law enforcement reach out about the CCP-made vapes, and even some that have fentanyl,” a Senate staffer told the Washington Examiner. “Good for Florida to get ahead of this. I expect several senators will introduce similar legislation at the federal level.” 

Florida’s bill comes as Chinese manufacturers have managed to dodge U.S. customs and taxes to import e-cigarettes into the country, according to public records and court documents obtained and reviewed by the Associated Press. Manufacturers have imported products that are worth hundreds of millions of dollars, all while avoiding efforts by the U.S. government to block products that encourage teenage vaping. 

Manufacturers have managed to dodge customs by mislabeling their shipments as “battery chargers” or “flashlights,” among other things, to evade detection. 

“Some of these vapes are coming in and … they’re saying a different product than actually what they are,” Bowman said. “So by this rule, by the legislature passing it, we’re hoping to slow down and stop the vape pens from being sold to kids.”

“And, again, going back to the vape pens,” he added, “we don’t know from the citizen standpoint or from the state of Florida standpoint what is actually in these vape pens, what chemicals, because there’s no regulation.”

Top lawmakers in the Senate have begun efforts to limit the products being sold in convenience stores, with chairmen of five key Senate committees warning wholesalers they may be in violation of federal law. As part of that warning, the senators urged the FDA to “do more” to restrict the products.

“F.D.A. and the industry must do more to address the youth vaping epidemic and remove unauthorized vaping products from their shelves immediately,” Durbin said earlier this month. 

Advocates are calling on lawmakers to follow the lead of the Florida proposal, arguing it’s an effort that must be addressed by all corners of the federal government to rein in. 

“It has to be a combined effort between the community, the federal government, and local government,” said Rich Marianos, former deputy director of the Bureau of Alcohol, Tobacco, Firearms and Explosives. “It needs to be a three-front war and an aggressive war that you can’t back down to.”

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Lawmakers are also calling on the FDA to complete its review of e-cigarette sales applications in order to eliminate illicit vapes from the market. Lawmakers are also looking to other options to help consumers quit smoking, pressing the Biden administration to expedite the approval process for smoke-free tobacco products. 

The Biden administration has previously come under fire for its plans for smoking products, particularly its long-awaited announcement on whether to implement a menthol…