Oklahoma Senate Bill Aims to Regulate Vapor Products

Oklahoma bill restricts vaping vehicles minors

The Oklahoma Legislature is considering a bill that would impose new requirements on manufacturers of vapor products to ensure compliance with FDA regulations and protect public health. Senate Bill 1102, authored by Sen. Bill Coleman (R-Ponca City), advanced to an oversight committee on Wednesday, signaling progress in the state’s efforts to regulate the vaping industry.

Under the proposed legislation, vapor product manufacturers would be required to submit an annual attestation to the Oklahoma Attorney General, certifying that they have filed a premarket tobacco product application (PMTA) with the FDA for each product sold in the state. The attestation must include a detailed list of each brand name, product name, flavor, and category, along with supporting documents and an initial payment of $5,000, followed by $2,500 for each subsequent year.

Rep. Cynthia Roe (R-Lindsay), the bill’s House co-author, emphasized the importance of allowing companies with pending PMTA applications to continue selling their products legally in Oklahoma. However, she acknowledged that the bill’s language may need to be refined and expressed her intention to remove the title if it advances to a House oversight committee.

Some legislators, like Rep. Scott Fetgatter (R-Okmulgee), have expressed reservations about the bill, citing the FDA’s slow approval process for PMTA applications. Out of the more than 26 million applications submitted, the agency has approved fewer than 30. Fetgatter also raised concerns about the bill’s potential to limit consumer choices and support big tobacco companies.

Roe argued that the bill targets retailers selling products from the black market without attempting to gain FDA approval. She emphasized the need to study the long-term health effects of vape ingredients, as the full extent of the health problems caused by vaping may not be known for many years.

The bill advanced to an oversight committee with a 5-2 vote before it can be considered on the House floor. However, the Consumer Advocates for Smoke-free Alternatives Association has criticized the law, claiming it would make Oklahoma an enforcement arm of cigarette companies and the FDA, potentially putting hundreds of independent vape shops out of business and thousands of residents at risk of returning to smoking or delaying quitting attempts.

As the debate continues, lawmakers must carefully consider the balance between protecting public health, supporting small businesses, and ensuring that regulations do not inadvertently benefit big tobacco companies at the expense of consumer choice. The ongoing legislative process will be crucial in determining the future of vapor product regulation in Oklahoma and its impact on public health and the vaping industry.

Matthew Ma
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