Florida Acts on Disposable E-Cigarettes

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    Florida’s Legislation on Disposable E-Cigarettes

    Governor Ron DeSantis of Florida recently signed into law HB 1007, aimed at regulating disposable e-cigarettes that the U.S. Food and Drug Administration (FDA) has not approved (Searchable Tobacco Products Database) . Set to take effect on October 1, 2023, this legislation focuses on reducing the accessibility of these products to minors, reflecting Florida’s initiative to control substances potentially harmful to youth.

    Key Aspects of the Disposable E-Cigarette Legislation

    This legislation, championed by Nick Orlando, president of the Florida Smoke-Free Association, uniquely positions Florida as the first U.S. state to explicitly differentiate between disposable e-cigarettes and other vaping products like refillable systems and bottled e-liquids. This distinction underlines the state’s nuanced approach to addressing the varying impacts of different types of vaping products, particularly on youth.

    Directory Creation and Regulatory Oversight

    Florida’s Department of Legal Affairs will create and maintain a directory listing all disposable e-cigarettes considered appealing to minors. Set for release by January 1, 2025, this directory will guide retailers and wholesalers on which products they must phase out to comply with the new state regulations.

    Enforcement Strategies and Compliance Measures

    Retailers and wholesalers will have 60 days to sell off or remove listed disposable e-cigarettes from their inventory once they are included in the directory. After this period, authorities will confiscate and destroy any remaining listed products. Starting March 1, 2025, manufacturers who continue to sell these banned products in Florida will face a fine of $1,000 per day.

    Penalties for Non-Compliance

    The law also imposes strict penalties for selling nicotine products to individuals under the age of 21. A third violation will result in a third-degree felony charge, which may include a fine of up to $5,000 and up to five years in prison. This strong stance demonstrates Florida’s commitment to preventing nicotine addiction among young people and ensuring that retailers strictly adhere to age-related sales regulations.

    Conclusion: Impact of Florida’s Disposable E-Cigarette Law

    By regulating disposable e-cigarettes, Florida’s HB 1007 law aims to protect its young population from the risks associated with nicotine addiction. This legislation showcases Florida’s proactive approach in distinguishing between types of vaping products and focusing regulatory efforts on those most accessible to minors. As the law comes into effect, it sets a precedent for other states considering similar measures to safeguard public health, particularly among youths.