Should vapor products be regulated the same, regardless of whether they contain nicotine? A bill before the Louisiana State Legislature would accomplish just that, with respect to the State’s laws on such things as retailer permits, over-the-counter sales, self-service displays, and vending machines.
Specifically, HB239 (author Vincent J. Pierre [D-Dist. 44]) would change the definition of “vapor products” covered under these laws. In its present form, the definition reaches noncombustible products “that can be used to produce vapor from nicotine in a solution or other form,” but the bill would change that to reach noncombustible products “that can be used to produce vapor from nicotine or other substances.” (Emphasis added.) The bill would also delete reference to “other container[s] of nicotine in a solution or other form” following the listing of covered “vapor cartridge[s].”
States with laws regulating vapor products differ in whether they distinguish on the basis of nicotine. Should HB239 be enacted, it would be a notable reversal of existing policy in this area and broadening of the laws’ reach.
HB239 is making its way through the Louisiana House of Representatives. On April 6, the House Committee on Judiciary reported the bill favorably, 13-0. The bill is scheduled for floor debate in the House on April 13.
We will continue to monitor for further developments.