Florida, not feds, got it right with vape legislation

As we have done many times, the Florida Legislature stepped up when the federal government failed to.

This session, I supported legislation to ensure the safety and well-being of Floridians from harmful, unregulated vape products without restricting safe, FDA-authorized vape products to help adult smokers kick the habit.

The reality is there has been a proliferation of illegal, disposable flavored vapes from China flooding our state.

The Biden administration and the Food and Drug Administration (FDA) simply aren’t doing a good job of enforcing the vape market, and now, across the United States, sales of illicit disposables exceed $2.6 billion annually through monitored channels alone. However, projections indicate this figure could double when considering the unmonitored market.

Alarmingly, Florida is now ground zero for the sale of these illegal products. With enticing flavors designed to attract youth, Chinese-made disposables account for a whopping 58% of all vape sales — dwarfing the national average by 20%. To make matters worse, Chinese manufacturers purposely design these products to look like everyday school supplies such as highlighters, USB drives and cell phones.

These illegal disposable vapes feature flavors, including “Miami Mint,” “Rainbow Candy” and “Blueberry Ice.”

Thankfully, House Bill 1007 passed the Florida Legislature and is awaiting the governor’s signature.

The legislation requires vape manufacturers to register with the state, ensuring their products comply with federal and state laws and impose fines for violations.

This step is imperative to safeguard our children from the risks associated with vaping, ensuring accountability in the industry, and promoting education within the vape market to reduce harm for smokers who turn to vaping to help them quit.

What this legislation does not do is restrict the market to the point where adult smokers can no longer turn to safe vaping products as a less harmful alternative. FDA-authorized vapes have proven to be more effective than other therapies in helping smokers quit, and our policies at the state and federal levels need to reflect that.

America could very well become a global leader in helping smokers transition away from cigarettes to less harmful alternatives. Still, it won’t happen without better policy and leadership from the federal government.

The FDA’s Center for Tobacco Products has failed in its efforts to regulate a marketplace that provides alternatives to adult smokers while also protecting youth from illegal products coming from China.

Critics have noted that the FDA’s complex, redtape-riddled approval process has only authorized 23 vape products, while millions applied for authorization. Ironically, this has caused illegal vapes from China to be the most popular choice among teenagers and the FDA can’t even wrap its arms around blocking these products.

Balanced policy, like HB 1007, should serve as a model for other states. It is possible to strike a balance where we can move smokers away from cigarettes to less harmful alternatives while also ensuring illegal products from one of our primary adversaries are kept out of our stores and out of the hands of our youth.

I look forward to seeing this legislation become law and urge the federal government to recognize the work we are doing in the Sunshine State to help clean up their mess.

Alex Rizo (R-Hialeah) is the state representative for House District 112 and chairman of the MiamiDade Republican Party.