A bill aimed at creating a registry for vape products in Arkansas failed to advance out of the Senate’s City, County and Local Affairs Committee on Tuesday. Senate Bill 252, introduced by State Sen. Jonathan Dismang, R-Searcy, was one vote short of moving forward.
Regulating Unregulated Vapes
Sen. Dismang explained that the bill was intended to give state tobacco enforcement more authority to police unregulated vapes, especially disposable ones from China. The proposed registry would mirror the list of registered vape products by the U.S. Food and Drug Administration (FDA), while also including products pending approval or appeal.
“This registry would be used by tobacco control to make sure we know what products are on the shelves and where they’re coming from,” Dismang said. He emphasized that a registry would help the state regulate Chinese-made vapes without resorting to an outright ban.
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Opposition from Vape Shop Owners and Customers
During Tuesday’s meeting, vape shop owners, employees, and customers spoke out against the bill, arguing that it would severely limit the vape market in Arkansas. Supreet Momi, owner of Abby Road, a chain of smoke shops in Central Arkansas, claimed that if SB252 were approved, it would remove 97% of vape products sold by shops in the state.
Momi argued that the bill was an attempt by tobacco companies to sell an inferior product, as stores would only be allowed to sell FDA-approved products typically from large brands like Juul and Vuse, both owned by major tobacco companies.
Concerns Over Marketing Restrictions and Double Standards
The bill also included marketing restrictions, prohibiting vape products from using terms such as candy, cake, pies, and cupcakes. Scout Stubbs, owner of four vape shops in Arkansas that produce their own e-liquid, pointed out a perceived double standard in how the state regulates nicotine products compared to alcohol.
“Strawberry cheesecake is one of my most popular flavors, and I don’t know another way to tell my customers that something tastes like cheesecake without using the word ‘cake,'” Stubbs said.
Support for the Bill and Counterarguments
Steve Goode, executive director of the Arkansas Grocers and Retail Merchants Association, spoke in favor of the bill, stating that a registry would give state regulators the enforcement powers needed to remove Chinese vapes, which can contain harmful chemicals, from store shelves.
However, Robert Eaton, district manager at Abby Road, argued that a product registry would not stop counterfeit products from making it onto shelves. “If all a company has to do is submit an application to get on the registry, how does that stop bad actors from getting in?” Eaton questioned. “A registry does not mean the products are safe; it only means that they were submitting paperwork.”
The Bill’s Fate
In a roll call vote, the bill failed to garner a majority in the eight-member committee. Sens. Breanne Davis, R-Russellville, David Wallace, R-Leachville, Bart Hester, R-Cave Springs, and Jane English, R-North Little Rock, voted to advance the bill. Sens. Terry Rice, R-Waldron, Joshua Bryant, R-Rogers, and Jim Buren, R-Van Buren, opposed the measure.
As Arkansas continues to grapple with the challenges of regulating the rapidly evolving vape market, the failure of SB252 highlights the ongoing debate between public health concerns, business interests, and consumer choice.
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