In recent legislative developments, the Iowa General Assembly has passed a bill that stands at the intersection of public health policy, business interests, and consumer rights. House File 2677 (HF 2677), commonly referred to as the PMTA registry bill, has sparked significant debate, prompting reactions from various stakeholders including public health groups, retailers, and consumer advocates.
What is HF 2677?
HF 2677 is legislation aimed at regulating vaping products within Iowa. The bill calls for the establishment of a state-approved registry of vaping products that can be legally sold in the state. It stipulates that only those vaping products that were on the market by August 8, 2016, or those that have submitted a premarket tobacco application (PMTA) by September 9, 2020, to the FDA and either received marketing authorization or are still under review, can be sold.
The bill also includes a $100 annual fee for each product listed on the registry and sets up a system of fines for retailers and wholesalers found to be in violation of these regulations. Notably, the legislation bans the sale of all e-liquid and disposable vapes containing synthetic nicotine and most other vaping products not granted FDA marketing approval.
Diverse Opposition to the Bill
The bill, which now awaits the signature or veto of Governor Kim Reynolds, has united an unlikely coalition of opponents. Public health groups, alongside retailers, have raised concerns, suggesting that the bill disproportionately benefits major tobacco companies, such as Altria Group and R.J. Reynolds, at the expense of smaller businesses and consumer choice. These Big Tobacco entities have been accused of shaping the legislation to curb competition from disposable vapes and other vaping products that have not received FDA authorization.
The Consumer Advocates for Smoke-free Alternatives Association (CASAA) has been particularly vocal, updating its call to action to urge Governor Reynolds to veto the bill. CASAA and other opponents argue that the bill could inadvertently harm public health by restricting access to alternative products that may serve as less harmful substitutes for traditional cigarettes.
The Tobacco Industry’s Role
The support of Big Tobacco for the legislation is indicative of the ongoing battle for market share in the nicotine product space. As cigarette sales decline, companies like Altria and R.J. Reynolds have sought to leverage their FDA-approved products against competitors, many of which are smaller firms that lack the resources to navigate the costly and complex PMTA process.
The seven vape devices that have so far received FDA authorization are all affiliated with large tobacco companies, highlighting the disparity in resources between Big Tobacco and independent vape manufacturers.
The National Landscape
Iowa is not alone in its consideration of such legislation. PMTA registry laws are already in place in Alabama, Louisiana, and Oklahoma, with Wisconsin’s law set to take effect in July 2025. Virginia and Utah have also passed similar laws, with amendments and effective dates varying by state. Kentucky’s law, which is also set to take effect in January 2025, is currently facing a lawsuit from vaping and hemp businesses.
Approximately 20 other states are contemplating PMTA registry bills, indicating a national trend toward stricter regulation of vaping products—a trend that mirrors the FDA’s increasingly stringent stance on tobacco and nicotine products.
