A heated discussion on the implications of a proposed vapor product registry took center stage during the North Dakota Senate Appropriations - Government Operations Division meeting on April 2, 2025. Industry representatives voiced strong concerns that such a registry could severely harm local businesses and limit consumer choices.

The crux of the debate centered around the assertion that the only vapor products currently approved by the FDA are owned by major tobacco companies, which do not offer flavored options. This situation, according to Patrick Barry of the Vapor Technology Association (VTA), would leave consumers with a limited selection of non-flavored products while driving smaller, independent businesses out of the market. Barry warned that the registry could inadvertently create a black market for unregulated products, as good actors in the industry would comply with the registry and remove their offerings, while bad actors would continue to operate outside the law.

Barry highlighted that many states have implemented similar registries, but enforcement remains a significant issue. He pointed out that the FDA's recent actions, including a blanket denial of many synthetic nicotine products, have left thousands of products in limbo, unable to gain approval. This has raised questions about the efficacy of registries in ensuring consumer safety and product legitimacy.

The discussion also touched on the broader context of vaping regulations, with Barry noting that the youth vaping epidemic has declined, and many young people are now experimenting with other substances instead. He emphasized the importance of preserving flavored products, which he argued help adult smokers transition away from combustible cigarettes.

As the meeting concluded, Barry reiterated the need for a federal resolution to the approval process before any state-level registries are enacted. He expressed hope that recent changes in the FDA leadership under President Trump would lead to a more efficient approval process, allowing a wider range of products to enter the market legally.

The outcome of this meeting could have significant implications for North Dakota's vapor industry, as lawmakers weigh the potential benefits of regulation against the risks of stifling local businesses and limiting consumer options.