The Louisiana Office of Alcohol and Tobacco Control (ATC) has published its official list of nearly 400 approved vaping products. This comes as the state moves to ban all unapproved items under new regulations passed in 2023, currently being challenged in court.
The approved V.A.P.E. (Vaporized Nicotine Products) Directory listing contains e-cigarettes, vape pens, e-liquids and other items approved for legal sale by the FDA. Numerous popular products absent from the list will soon be prohibited if the new law withstands legal scrutiny.
New Regulations Limit Legal Vape Products
Louisiana House Bill 635, sponsored by Rep. Paul Hollis (R), increased the state’s vape tax rate while restricting legal sales only to FDA-cleared products. This aimed to curb youth access and enhance safety by eliminating unregulated items.
The law raised taxes on vape liquids from 5¢ to 15¢ per mL, with the additional revenue funding state trooper salaries. However, opponents argue banning unapproved products will destroy tax income from reduced sales.
To qualify for Louisiana’s approved list, vape products must have undergone PMTA (Premarket Tobacco Product Application) review by the FDA. Most unauthorized items currently on store shelves have not completed this process.
Legal Challenge Seeks To Block Product Bans
The Louisiana Convenience and Vape Association (LCVA) filed suit claiming HB 635 is unconstitutional. A judge recently declined to issue a restraining order to stop the product bans from taking effect.
The LCVA argues banning widely sold items will devastate small businesses who rely on vape sales. They also assert the law will not generate the tax revenue lawmakers expect due to severely reduced selection.
Despite the ongoing legal battle, Louisiana’s ATC began enforcing the new regulations on August 15th. Retailers have until January 1st, 2024 to sell through existing unapproved inventory. After this sell-through period, only products on the approved V.A.P.E. Directory can be sold legally.
Law Aims To Curb Youth Vaping Access
Representative Hollis contends strict limits on allowable vape products will help curb usage among youth. He points to flavors like “Elf Bar” clearly meant to appeal to those underage.
“Some of the smells, flavors and names just scream we’re marketing to kids,” said Hollis. He believes companies intentionally target minors with flavored, unregulated vapes.
By restricting legal sales to rigorously evaluated items, Hollis hopes to cut off easy youth access. He states current minimal oversight enables low-quality, potentially dangerous products to proliferate.
Fate of Regulations Rests With Courts
Despite passing by a wide legislative margin, the LCVA lawsuit hopes to overturn Louisiana’s new vaping law. A judge will soon determine if banning unauthorized items violates the state constitution.
In the meantime, retailers have a limited window to sell through existing inventory before the January 1st deadline. For adult smokers, this restricts availability to just those products clearing the FDA’s stringent PMTA process.
While public health goals motivate the crackdown, the vapor industry counters that adult access is being hampered. As the legal battle continues playing out, smokers interested in switching to vaping face growing barriers in Louisiana.
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