Legislation backed by a North Carolina Senate committee aims to create a vaping directory, restricting the number of products that can be sold. This proposal could block hundreds of e-cigarette products from being sold in North Carolina. The state Senate Judiciary Committee approved this legislation on Wednesday, requiring only federally authorized vaping products to be sold in the state. Most vaping products on the shelves have not been authorized by the U.S. Food and Drug Administration (FDA).
Sen. Michael Lee, a New Hanover County Republican, emphasized the need for this legislation to protect people from the dangers of vaping. “This amendment is not perfect,” Lee told the committee. “There are other things we can do. I wish we had worked on something sooner.” Vaping industry representatives warned that the bill would cost jobs and money.
“You’re affecting hundreds of businesses owned and operated out of North Carolina, and you’re affecting thousands of jobs,” said Joe Palmer of Lincolnton, representing 40 families affected by the proposed changes. The vaping language was added to an existing bill that allows Wake County school system’s two leadership academies to retain their state designation as early college high schools. Wake is ending its relationship with St. Augustine’s University to find a new college partner for the schools. The bill now moves to the Senate Rules Committee.
E-cigarettes are electronic devices that use a liquid laced with nicotine, producing vapor which users inhale. Their popularity led the FDA to declare an “epidemic” of underage vaping among young people. From 2018 to 2019, e-cigarette use rose 78% among high schoolers and 48% among middle schoolers, according to the N.C. Youth Tobacco Survey. The issue has become so prevalent that many schools have installed vape detectors.
Bill Creates Vaping Directory
Under the legislation, manufacturers would need to be certified by the state Department of Revenue to place products on a directory of eligible vaping products. Certification requirements include having submitted an accepted application for vape products to the FDA by Sept. 9, 2020. “Every retailer has the opportunity to check the directory to see if what they’re selling has been approved by the FDA,” Lee said. “Retailers will have a period after this directory is released to sell out their inventory or return it to the manufacturer.”
Retailers who sell prohibited products, as well as the manufacturers, would face hefty penalties to protect children and others, Lee noted.
Vaping Industry Warns of Lost Jobs, Revenue
Vaping industry representatives unsuccessfully lobbied for an amendment to include products whose applications were submitted to the FDA in 2022. Kevin Wilkinson, a lobbyist for the Vaping Technology Association, said the bill would result in the loss of 2,095 vaping jobs, $447.4 million to the state economy, and $105 million in state and local tax revenue.
Ches McDowell, representing 1,700 Asian-American owned convenience stores in North Carolina, highlighted the economic impact on families. “This bill will take hundreds of products off the shelf that these folks rely on to feed their families,” McDowell said. “We ask you to take a harder look at this and what it does to our community.”
