Tennessee Passes Bill to Vape Tax and Ban on Non-FDA-Approved Products

The Tennessee House Finance, Ways, and Means Committee recently passed House Bill 968, presented by Representative David Hawk, with a 12-1 majority on March 10, 2025. The bill proposes a 10% tax on all open-system vapor products and bans non-FDA-approved products, creating a registry of approved vapes and ensuring that only FDA-deemed acceptable products are sold in stores.

The Perspective of Vape Shop Owners

The Tennessee Smoke Free Association (TSFA) attempted to fight the bill by speaking with the State House. Danny Gillis, the president of the association, argued that the TSFA’s goal is to help people quit nicotine altogether. He suggested that vaping can be a helpful tool for long-time smokers looking to quit, allowing them to gradually reduce their nicotine intake.

Teresa Livezey, the director of communications for the TSFA and owner of two vape stores in Tennessee, echoed Gillis’s sentiment. She emphasized that while vapes can be useful for those already addicted to nicotine, she discourages people from buying their first vapes, as preventing addiction is the ultimate goal.

Read more: Tennessee Vape Bill Proposing FDA Approval Requirement and Tax Faces Industry Pushback

FDA-Approved Products and Big Tobacco Concerns

The FDA currently has a list of 34 approved vapor products as of Jan 15, 2025, under three brands: Logic, NJOY, and Vuse. However, these brands have ties to big tobacco companies, raising concerns among vape shop owners.

“This legislation is crafted by big tobacco to basically shudder and take us off the market,” Gillis claimed.

If House Bill 968 passes, all products not on the official registry or pending FDA approval would be removed from stores, potentially forcing thousands of vape shops out of business.

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

Looking Ahead

While Givens is optimistic about the bill’s potential to encourage adults to quit, leading to a decrease in underage consumption, she also acknowledged the difficulty of quitting due to the wide availability of alternative nicotine products like ZYNs and VELOs.

House Bill 968 has not yet been added to the discussion calendar, and its future remains uncertain. As the debate surrounding vape regulation continues, finding a balance between protecting public health, particularly that of minors, and supporting adults in their efforts to quit smoking will be crucial in shaping effective policies.

News source: Tennessee State House committee passes bill to tax vapes and ban non-FDA-approved nicotine products

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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.