Florida Governor Vetoes Vaping Flavor Ban

DeSantis says the bill would have driven vapers to cigarettes; Chicago passes vaping flavor ban.

September 10, 2020

TALLAHASSEE—Florida Governor Ron DeSantis Tuesday vetoed Senate Bill 810, which sought to ban flavored nicotine products and impose new regulations on vape shops and e-cigarette manufacturers, Florida Politics reports.

“While originally conceived as a bill to raise the legal age to buy tobacco to 21, (which is superfluous given this is already mandated by federal law) [the bill] effectively bans tobacco free vaping flavors used by hundreds of thousands of Floridians as a reduced-risk alternative to cigarettes, which are more dangerous,” DeSantis wrote in a letter to Secretary Laurel M. Lee in vetoing Senate Bill 810.

“This legislation would almost assuredly lead more people to resume smoking cigarettes, and it would drive others to the hazardous black market,” DeSantis wrote. “The latter consequence is especially significant because the much-publicized cases of lung injury associated with vaping in recent years has been traced to illegal, or black market, vape cartridges containing THC, not to the types of legal vaping products this bill would abolish.”

Florida’s measure would have banned all vape flavors other than menthol and tobacco, as well as raised the minimum age to purchase tobacco in the state to 21—which is already federal law. Legislatures in California and Massachusetts have passed bills restricting the sale of flavored tobacco products.

Elsewhere in the U.S., Chicago’s City Council on Wednesday voted 46-4 to ban the sale of all flavored vaping products but allow the continued sale of menthol cigarettes and flavored cigars, the Chicago Tribune reports. The city’s ban on selling flavored vaping products takes effect Oct. 7, ABC7 Chicago reports.

A nationwide ban on the sale of e-cigarette cartridge flavors except for menthol and tobacco took effect in February. Manufacturers were required to submit premarket applications seeking the U.S. Food and Drug Administration’s approval of electronic nicotine delivery systems (ENDS) by September 9 in order to remain on the market for at least a year pending review.