Florida lawmakers pass bill to ban flavored disposable vapes, but not e-liquids

The Florida Legislature has passed a bill that would ban the sale of flavored disposable vapes, but not e-liquids, in an attempt to prevent youth vaping, but leaving a loophole for refillable devices and e-liquids. The bill (HB 1007), which was approved by the House on Thursday by a 105-5 vote, would give the Attorney General’s office the authority to create and maintain a list of single-use nicotine vapes that are attractive to minors, and to prohibit their sale in the state.

The bill, which was heavily amended from its original version, would not affect the existing or the pending medical marijuana businesses, which are regulated by a separate program under the Department of Health. The bill would also not affect the recreational marijuana program, which was approved by the voters in November 2023, and which allows adults 21 and older to possess and use marijuana and marijuana products.

The bill is a compromise between the lawmakers and the vape industry

The bill is a compromise between the lawmakers and the vape industry, which had opposed the initial version of the bill, which would have banned the sale of any vape product that had not received Food and Drug Administration (FDA) approval. That would have limited the retailers to selling only tobacco-flavored products from three major tobacco companies, which have received FDA authorization.

The lawmakers and the vape industry agreed to revise the bill, to target only the disposable vapes, which are more popular among the youth, and to exempt the refillable devices and e-liquids, which are more popular among the adults. The lawmakers and the vape industry also agreed to use the Attorney General’s office, rather than the FDA, as the regulator of the vape products, to avoid any potential changes in the federal rules and guidelines.

The lawmakers and the vape industry said that the bill was a balanced and reasonable approach, that would protect the public health and safety of the youth, and that would preserve the choice and the rights of the adults. They said that the bill would also support the vape businesses, which provide jobs and tax revenue to the state.

The bill faces criticism from the public health advocates and the tobacco control groups

The bill faces criticism from the public health advocates and the tobacco control groups, who said that the bill was too weak and too vague, and that it would not prevent youth vaping, but rather encourage it. They said that the bill would leave a loophole for the refillable devices and e-liquids, which can also be flavored and attractive to minors, and which can also contain high levels of nicotine and harmful chemicals.

They also said that the bill would rely on the Attorney General’s office, which may not have the expertise or the resources to regulate the vape products, and which may be influenced by the political and the industry pressures. They said that the bill would also create confusion and inconsistency among the consumers and the retailers, as the list of prohibited products may change over time, and as different products may have different rules and requirements.

They also said that the bill would contradict the state’s medical marijuana and recreational marijuana programs, which allow the sale and use of flavored and unflavored marijuana vapes, without any restrictions or regulations. They said that the bill would create a double standard and a paradox, where the state would ban some vapes, but not others, and where the state would treat nicotine differently from marijuana.

They urged the Governor, Ron DeSantis, to veto the bill, and to support a stronger and a clearer bill, that would ban the sale of all flavored vapes, regardless of the type or the source, and that would align the state’s vape regulations with the federal and the international standards.