Tennessee lawmakers debate regulatory bill on vape products amid industry concerns

In a recent meeting of the Finance, Ways, and Means Subcommittee, Tennessee lawmakers discussed a significant bill aimed at regulating vape products in the state. This legislation seeks to establish a registry for vape products that are either approved by the FDA or in the process of obtaining approval. The intent is to ensure that only safe and legal products are available for sale, particularly to protect minors from accessing these items.

Chairman Hawk emphasized that the bill does not outlaw any vape products that are currently legal in Tennessee. Instead, it aims to create a framework similar to existing tobacco laws, requiring manufacturers to provide proof of FDA approval to the Department of Revenue. Once the registry is established, it will help consumers, retailers, and law enforcement identify which products can be legally sold in the state.

A key aspect of the bill is a universal carding provision, which mandates that retailers check identification for all vape product purchases, mirroring the regulations in place for alcohol sales. Additionally, a user fee on vape products will be implemented to fund enforcement efforts, ensuring that the financial burden falls on users rather than the general public.

The discussion also highlighted concerns from law enforcement and juvenile courts regarding the prevalence of vape products in schools, with representatives expressing a strong desire to curb this trend. The bill aims to address these issues while also directing funds toward smoking cessation programs and other health initiatives.

However, the meeting also featured testimony from industry representatives who raised concerns about the potential negative impact of the bill on small businesses. David Nelson, owner of Rocky Top Vapor, argued that the legislation could effectively ban many vaping products, limiting consumer choice and potentially driving users back to traditional cigarettes. He criticized the bill as a means for big tobacco companies to eliminate competition under the guise of regulation.

Theresa Lipsie, another business owner, pointed out inaccuracies in the fiscal note associated with the bill, suggesting that lawmakers may not fully understand the vaping industry. She highlighted discrepancies in tax calculations and product specifications that could lead to unintended consequences.

As the committee prepares to vote on the bill, the discussions reflect a broader debate about public health, consumer choice, and the role of regulation in the rapidly evolving vaping market. The outcomes of this legislation could have significant implications for both public health and local businesses in Tennessee.