Hundreds of e-cigarette products are likely to be banned in North Carolina under new rules overwhelmingly approved by state lawmakers.
The General Assembly on Wednesday gave final approval to legislation that would create a vaping registry that would only allow federally authorized vaping products to be sold in North Carolina. If Gov. Roy Cooper agrees, it would make most vaping products illegal, as few have been approved by the U.S. Food and Drug Administration.
“The language in this bill will provide much-needed accountability, enforcement and transparency for what is a dangerous and out of control situation we now find ourselves in,” said Rep. Erin Paré, a Wake County Republican who was the lead sponsor. of the original bill.
The vaping industry has called the bill an attempt to protect traditional tobacco companies.
“The North Carolina State Legislature is being pressured by combustible cigarette manufacturers to create a vapor product ‘directory’ that will import an illegal FDA lawsuit into North Carolina,” according to a notice from the Vapor Technology Association. “These companies are trying to turn the state into the police force for the FDA and the government and remove virtually all vaping products from the shelves – supporting cigarettes and harming public health.”
The vaping law also helps schools in Wake County
The vaping language was adopted by the Senate last week in a bill that would allow the Wake County school system’s two leadership academies to retain their state designation as early high schools. Wake is ending its relationship with St. Augustine’s University to find a new university partner for the schools.
Paré said the portion of the bill affecting Wake County schools is not controversial and that passage of that provision is time-sensitive.
House Bill 900 was unanimously approved in the Senate last week. The House passed it on Wednesday by a vote of 98-16.
Vaping ‘epidemic’
E-cigarettes are electronic devices that use a liquid laced with nicotine, creating a vapor that users inhale. Their popularity caused the FDA to declare an “epidemic” of underage vaping among young people.
“I have a junior in high school and a freshman in high school, and I am very concerned about this issue, just as you probably are,” Paré said during the floor debate. “The vaping that is occurring on a large scale in school bathrooms and on school buses is dangerous, and it is very difficult to monitor and manage for parents, school administrators, SROs, etc.”
The state and several school districts in North Carolina have successfully joined federal class action lawsuits against e-cigarette manufacturers such as Juul.
North Carolina won $47.8 million in a settlement with Juul. North Carolina was the first state to challenge and force change in the way Juul markets its marketing to teens.
The concerns about vaping are why eight other states already have a similar vaping registry, according to Paré.
A vaping directory would be created
Under North Carolina law, manufacturers must be certified by the state Department of Revenue to have products placed on a list of eligible vaping products.
Certification requirements include submitting an accepted vape product application to the FDA by September 9, 2020. Eligible products must also have been marketed in the United States as of August 8, 2016.
The new directory will not come into effect until March 1, 2025. Retailers will then be given a 60-day grace period to remove products that are not listed.
Shops caught selling products not on the register risk fines and loss of their business license.
Last week, a representative of the Vapor Technology Association told lawmakers the bill would eliminate 2,095 vaping jobs and result in a $447.4 million loss to the state economy.
Rep. Sarah Crawford, a Wake County Democrat, said she hopes they can make adjustments before the directory goes live next year.
“I recognize that there are some issues with some of the language,” said Crawford, one of the sponsors of the original bill. “It’s not perfect. An effort was made to get this done quickly because it is such an issue in the state of North Carolina.”
Under the dome
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