Legislators in Kentucky and Nebraska have approved vaping measures, which are now awaiting the governors' signature or veto. Before the Georgia legislature adjourned for the year, a PMTA registry measure was not passed.
In Kentucky, the tobacco industry's model PMTA registry law was pushed by its lobbyists and approved by both chambers of the General Assembly. Though many have referred to the Nebraska law as a registry bill, it doesn't seem to include any PMTA-related criteria for items to be marketed. But it does outlaw sales over the internet.
The Kentucky and Nebraska calls to action from the Consumer Advocates for Smoke-free Alternatives Association (CASAA) have been updated, or will be updated shortly, to provide citizens with an easy method of contacting governors Andy Beshear (KY) and Jim Pillen (NE) to request a veto.
Legislators from Kentucky adore Big Tobacco
The Kentucky General Assembly's register measure, HB 11, was comfortably approved by both chambers on March 28. Altria Group, the company that manufactures NJOY vapes and Marlboro cigarettes, drafted and supported the measure. Disposable vapes have been a greater source of competition for Altria lately.
Altria, whose NJOY products are also produced in China, was able to effectively incite worries that throwaway "Chinese vapes" might harm youngsters in Kentucky. The Kentucky Lantern claims that the business hired former Kentucky Republican Party chairman John McCarthy as its legislative lobbyist. Republican Assembly members presented both the measure and its senate counterpart, but Big Tobacco's backing—likely bolstered by campaign contributions—decided the day in the end. The cigarette company won overwhelmingly in the final ballots, which were divided along party lines. It will only take a 51 percent Assembly majority to overcome Governor Beshear's veto of the measure.
The effective date of HB 11 is January 1, 2025, if Gov. Beshear signs it into law. All vape goods are prohibited from being sold by law unless they have been approved by the FDA, are now undergoing a PMTA review by the FDA, are appealing a marketing denial order (MDO), or have had the MDO stayed or overturned by the FDA or a court. A register of merchants permitted to sell "authorized products" would be established under the legislation.
Online vape sales are prohibited by the Nebraska legislature.
News reports state that Nebraska measure LB 1204, which was enacted on March 28, had wording related to the PMTA register that was originally included in LB 1296. But from what I've read of the enacted measure, it seems that LB 1204 retained all of LB 1296's provisions, with the exception of the register.
There is no mention of the formation of a register, whether items meet the requirements to be included, how much it costs to list products, or the consequences of selling products that are not mentioned in LB 1296. Although there don't seem to be any particular conditions for a product to be marketed, the law does allow for the certification of producers selling vape items in the state.
However, the bill that was passed forbids the sale of vape products online, prohibits the use of packaging for vape products that features celebrities or "cartoon-like characters," imitates the trademarks of goods that are "primarily marketed to minors," and prohibits the use of products that are "designed to disguise the fact that it is an electronic nicotine delivery system."
Threats from registry legislation exist for other states.
Similar PMTA register (or directory) measures are now being debated in almost two dozen additional states. Tobacco industry heavyweights R.J. Reynolds and Altria are the authors and sponsors of the measures. PMTA registry rules restrict the legal sales of vape goods to those that have been approved by the FDA (six devices are now on the approved list) and those that have filed premarket tobacco applications (PMTAs) that are still being reviewed.
Currently, the governors of Virginia and Florida are debating whether to reject or approve registration laws that their respective state legislatures have enacted. A taste prohibition law in Vermont is awaiting the governor's approval. CASAA's calls to action may be used by citizens in all three states to urge their governors to reject these restricted vape laws.
Alabama, Louisiana, Oklahoma, and Wisconsin have already approved laws creating PMTA registers; last week, Utah Governor Spencer Cox signed a measure establishing a PMTA registration, along with a taste prohibition, into law. The laws of Utah and Wisconsin will go into force on January 1st, 2025, and July 1st, respectively.
