Florida Bill Requires Vape Makers to Note No FDA Approval

Florida vape bill FDA

A new Florida bill (SB 1006) would mandate all nicotine product manufacturers clearly state on packaging that their vaping devices have not received regulatory approval from the U.S. Food and Drug Administration (FDA). The state Senate Appropriations Committee on Agriculture, Environment and General Government unanimously passed the proposed legislation on February 21st.

Bill sponsor Republican Senator Keith Perry argues Florida leads the nation in illegal vape sales, with over $360 million in estimated annual revenue from black market disposable e-cigarettes. By creating a public directory of compliant vape makers properly registering their unapproved products, Perry believes the law would help retailers identify authorized suppliers and choke off youth access channels.

Supporters like Florida Attorney General representative John Guard cite statistics showing over 20% of high school students and 12% of middle schoolers statewide currently use e-cigarettes. Guard endorsed the bill’s intent to curb rampant underage vaping, which he labeled “overwhelmingly” impacting children.

However, small vape manufacturer representatives came out strongly against the proposal in committee hearings. Business owner Houston Blackwell noted the legislation fails to meaningfully limit retail availability or youth access points. He speculated the requirements would instead hand monopolistic advantage to major tobacco companies, hurting independent operators.

Other public commenters argued the bill represents unnecessary “big government overreach” that would not truly reduce teen vaping rates. They emphasized current laws already bar sales to those under 21. One speaker insisted eliminating open market nicotine vaping options would chiefly affect small businesses, not corporate interests with deeper pockets.

In closing, Senator Perry clarified the proposal does not ban flavors or certain categories of vaping devices. He maintains the scope remains limited to mandating transparent FDA disclosures and creating a registered manufacturer directory to help retailers identify lawful suppliers.

The legislation next heads to the Senate Fiscal Policy Committee for consideration before potential floor votes. If enacted, the vaping disclaimer requirements would take effect on October 1st, 2023. With one committee down unanimous in approval, the bill shows early momentum amid still-heated public debate.

Matthew Ma
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