Louisiana’s Vape Ban Stalls as Retailers Challenge New Law
The back and forth continues. A highly anticipated law that was set to ban flavored vape products in Louisiana has hit a roadblock as the Louisiana Convenience and Vape Store Association mounts a legal challenge against the legislation. The law, which would have prohibited retailers from selling vape products not listed on a state-approved registry, has been "temporarily delayed" as a judge considers the association's request for "a restraining order and permanent injunction".
Nola.com reported that although a ruling on the request is pending, the state has opted not to publicize the registry in light of the legal dispute.
a nationwide vape usage epidemic within the most vulnerable of our citizens—our youth.
Ernest Legier, the commissioner for the ATC, expressed his determination to uphold the law, characterizing it as a response to a "nationwide vape usage epidemic within the most vulnerable of our citizens—our youth." He stated that the ATC would vigorously defend its obligation to protect Louisiana citizens and looked forward to a judicial decision in its favor.
In response, the Louisiana Convenience and Vape Store Association, which claims to represent over 300 retail and wholesale businesses, argued in the lawsuit that "businesses will be irreparably harmed and may likely close if this legislation is not enjoined."
We reported on Wednesday that the ATC had initially scheduled to release a registry of approved products, known as the V.A.P.E. Directory, by November 1. However, Legier revealed that the agency has chosen to "delay the publishing of the list for five days while we work to address the legal challenge." The association has asked the court to prevent the state from publishing the registry, claiming that it will eliminate "roughly 80-90% of taxable vapor product inventory from sale."
In addition to restricting the sale of vape products, Act 414 will increase the vape tax from 5 to 15 cents per milliliter and allocate additional revenue for state troop salary increases. The Legislative Fiscal Office estimated that the law would generate an additional $9.6 million in vape tax revenue annually.
However, the vaping association argues that the V.A.P.E. Directory will hinder these returns.
The association says that the restrictions on vape products would "deprive the Louisiana State Police Salary Fund of virtually all of the additional funding that the original bill was intended to raise" since "the base of products subject to tax has been almost completely eliminated."
Judge Wilson Fields of the 19th Judicial District Court will preside over the case, and as of Wednesday, no hearing had been scheduled. The Department of Revenue released a statement through a spokesperson, indicating they would reevaluate collection efforts and enforcement once the legal matter is resolved.
Original Story
There has been so much back and forth on what Louisiana can expect with the new vape regulations. Here is what we know.
As of November 1, the final stage of Louisiana's sweeping vape regulations has taken effect, bringing significant changes to the way vaping products are sold and purchased within the state. These new vape laws, initiated earlier this year, are aimed at curbing the marketing of vaping products to minors and improving oversight in the industry.
The initial phase of these regulations, which began on July 1, involved raising the sales tax on vape liquids and requiring that all vape products be sourced from wholesale companies holding valid licenses. However, the most significant changes were introduced during the second phase, which officially went into effect on Wednesday.
All Vape Products Need Approval By the State and FDA
Nola.com reported that one of the key provisions of the second phase is the strict requirement that vape products must receive approval from both the state of Louisiana and the U.S. Food and Drug Administration (FDA) before they can be legally sold in the state. This measure is primarily intended to target vape companies accused of marketing their products to minors and focuses on disposable, flavored vape products such as Elf Bars.
To meet the new regulations, all manufacturers of vapes, e-cigarettes, and other alternative nicotine products sold in Louisiana were mandated to register each of their products with the Louisiana Office of Alcohol and Tobacco Control starting on October 1st. The goal of this registration process is to establish a registry of all FDA-approved vaping and nicotine products available in Louisiana. Any product that is not included in this registry is prohibited from sale in Louisiana.
Vaping Approved Product Entries
For consumers seeking information on approved vaping products, the state of Louisiana has created an online directory known as V.A.P.E. (Vaping Approved Product Entries), which is scheduled to be published on November 1. This directory will serve as a one-stop resource for consumers, retailers, and regulators to verify which products are authorized for sale within the state. At this time there is nothing listed in the directory but we will continue to check back.
Will Louisiana Ban Elf Bars?
A point of concern for many vape enthusiasts in Louisiana is the fate of popular brands like Elf Bars, Puff Bars, and EscoBars, known for their disposable, flavored vape offerings. While it remains unclear whether these brands will secure a spot on Louisiana's approved list, recent actions by the FDA have cast a shadow over Elf Bars in particular. The FDA has not only urged retailers to cease selling Elf Bars but has also taken steps to halt their importation.
With these comprehensive regulations in effect, Louisiana aims to balance public health concerns surrounding vaping, particularly among minors, while ensuring a legal and transparent vaping industry within the state. This will undoubtedly reshape the landscape of vaping in Louisiana and may affect the availability of certain popular vape products in the market.
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