Mississippi's New Vape Registry Law: A Win for Big Tobacco, a Loss for Small Businesses

Mississippi, once a trailblazer in the fight against Big Tobacco, now finds itself in a peculiar position as a new law threatens to hand the vaping market to the very companies the state once sued. The recently passed HB 916, which quietly made its way to Governor Tate Reeves’ desk last week, is set to drastically change the landscape of the vaping industry in the state, leaving many small businesses fearing for their future.

The Controversial Provisions

Under the new law, consumers using e-cigarettes will be restricted to purchasing products exclusively from just three manufacturers authorized by the FDA as of January 2025:

Logic Technology Development LLC
NJOY LLC
R.J. Reynolds Vape Company

Notably, NJOY is part of the Altria family of companies, which includes Philip Morris USA, while Logic Technology is owned by Japan Tobacco International.

Furthermore, the legislation bans virtually all flavored vaping products, a move that the FDA argues is necessary to curb youth e-cigarette use. However, the agency’s own data shows that youth vaping rates were already on the decline prior to this new Biden-era rule, largely due to the Trump-era legislation that raised the federal minimum age for tobacco sales from 18 to 21.

The Economic Impact on Small Businesses

The vaping industry in Mississippi is estimated to have a $135 million economic impact, paying over $30 million in annual wages and benefits to employees and nearly $23 million in business and consumption taxes. For many small retailers, the new restrictions on products and flavors could be devastating.

One Coast retailer, speaking anonymously, expressed their concern, stating, “It’s Big Tobacco coming in and getting their way while us little guys will be forced out of business all because the government thinks they should tell adults what they can and can’t do with their lives.“

The retailer added that the new law could mean a “huge loss of revenue, upwards of a third or half of our sales.”

The FDA’s Controversial Role

The FDA’s venture into the vape market began in 2009 with the passage of the Family Smoking Prevention and Tobacco Control Act, which established a premarket tobacco application (PMTA) process. In 2016, the FDA expanded its authority to include regulation of e-cigarettes, and in 2022, non-tobacco nicotine products were added through congressional amendment.

However, the agency’s handling of the PMTA process has been met with criticism and legal challenges. In one case, argued before the U.S. Supreme Court in December 2024, the Fifth Circuit Court of Appeals sided with Triton Distribution and Vapetasia, makers of flavored liquids for e-cigarettes, ruling that the FDA acted “arbitrarily and capriciously” in rejecting their applications.

The Political Divide

The new Mississippi law has highlighted the political divide surrounding the regulation of vaping products. While the legislation passed unanimously in both the House of Representatives and the Senate before being signed by Governor Tate Reeves, former President Donald Trump, now back in the White House, has expressed his disagreement with the Biden-era rule.

During the 2024 campaign, Trump wrote on TruthSocial, “I saved Flavored Vaping in 2019, and it greatly helped people get off smoking. I raised the age to 21, keeping it away from the ‘kids.’ Kamala and Joe want everything banned, killing small businesses all over the Country. I’ll save Vaping again!”

The Road Ahead

As the October 1, 2025 deadline approaches, small businesses in Mississippi’s vaping industry face an uncertain future. Under the new law, products not included in the state’s directory cannot be sold, and retailers will have just 60 days to sell or remove unauthorized products from their inventory, or face seizure, forfeiture, and destruction at their own expense.

The controversy surrounding Mississippi’s new vape registry law underscores the complex and often contentious nature of regulating the vaping industry. As the debate continues, it remains to be seen whether the interests of public health, small businesses, and individual freedoms can be balanced in a way that satisfies all stakeholders.

Source: Vapes, Big Tobacco and a new Mississippi registry law

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Matthew Ma

Marketing at Ecigator

With over a decade of experience in the e-cigarette industry, Matthew Ma is a seasoned expert in both the manufacturing and usage aspects of vaping products. His extensive background has provided him with a deep understanding of the intricacies and evolving dynamics of e-cigarettes.