Florida is intensifying its efforts to regulate disposable vaping products with the signing of House Bill 1007 by Governor Ron DeSantis. The legislation, effective October 1, 2024, aims to curb the sale of single-use nicotine vapes that are deemed attractive to minors.
What the New Law Entails
Under HB 1007, the Florida Attorney General's Office is tasked with creating and maintaining a publicly accessible directory of disposable nicotine vapes considered appealing to children. This list, set to be published by January 1, 2025, will be regularly updated. Products included in the directory must be removed from retail inventories within 60 days; failure to comply can result in product seizure and destruction. Manufacturers and distributors found selling or shipping these prohibited products into Florida will face a $1,000 daily fine per device starting March 1, 2025. Additionally, individuals who sell nicotine products to someone under 21 for a third or subsequent time will face a third-degree felony charge, punishable by up to $5,000 in fines and five years in prison.
Exemptions and Industry Reactions
The legislation specifically targets single-use, disposable vapes and excludes refillable devices and bottled e-liquids from its scope. This distinction aims to balance public health concerns with the needs of adult consumers and businesses. Nick Orlando, president of the Florida Smoke Free Association, expressed support for the carve-out, stating it ensures that adult vapers have access to a broader range of products while addressing issues related to youth-targeted disposable vapes.
Legal and Market Implications
The introduction of a state-managed directory of prohibited vape products marks a significant step in Florida's regulatory approach. This move is in response to concerns over the proliferation of unregulated, often imported, disposable vapes flooding the market. In 2023, Chinese-owned companies like Elf Bar, Fume, and HQD accounted for a substantial portion of Florida's vape sales, many of which were not FDA-approved. The new law aims to reduce the availability of such products, which are often marketed with flavors and packaging appealing to minors.
Key Dates to Remember
October 1, 2024: HB 1007 goes into effect.
January 1, 2025: The prohibited products directory is published and regularly updated.
March 1, 2025: Manufacturers and distributors face daily fines for each prohibited product sold or shipped into Florida.
The enactment of HB 1007 represents Florida's proactive stance in regulating vaping products, particularly those targeting younger demographics. While the law aims to protect public health, it also considers the interests of adult consumers and businesses by exempting certain products from the restrictions. As the state moves forward with implementation, stakeholders in the vaping industry and consumers alike should stay informed about the evolving regulatory landscape.
Restricted Flavors in FL
Note: Some flavors may be restricted in Florida as part of broader local and state regulations—this is just one aspect of ongoing vaping laws.
Raz TN9000 Disposable Vape
Blue Raz B-pop
Blue Raz Cotton Clouds
Citronnade
Graham Twist
Strawberry Shortcake
White Gummy Watermelon
White Yummy Grape
OFF Stamp SW9000
Sour Lush Gummy OFF Stamp SW9000
Sour Grape Sucker SW9000
Baja Blast OFF Stamp SW16000
Rainbow Sherbet SW16000
Sour Wild Berry Gummy SW16000
Sour Lush Gummy SW16000 KIT
OFF Stamp X-Cube Kit
Rocket Popsicle X-Cube Kit
Florida Sherbet X-Cube Kit
Rocket Pop Classic Cube Pod
Wintergreen Candy Sweet Cube
Florida Sherbet Classic Cube Pod
Strawberry Rolls Up Sweet Cube
Sour Berry Bubblegum Sweet Cube
Sour Lemon Sweet Cube
Grape Rancher Sweet Cube
Blue Razz B-Pop Sweet Cube
Sour Wildberry Gummy Sweet Cube
Sour Lush Gummy Sweet Cube
Hawaiian Popsicle X-Cube Kit
Tangerine White Gummy Adjust MyFlavor 40K
Watermelon B-POP Adjust MyFlavor 40K
Geek Bar Pulse
Rainbow Drop Orion Bar 7500
Strawberry Chew Orion Bar 7500
Bama Slamer Orion Bar 7500
Gold Kiwi Mint Orion Bar 7500
Green Storm Orion Bar 7500
Banana Cake Orion Bar 7500
Pineapple Lemonade Orion Bar 10000
Lime Berry Orange Geek Bar Pulse X25000
White Gummy Ice Geek Bar
Grape B-Pop Geek Bar
Sour Apple B-Pop Geek Bar
Mount Splash Rabbeats RC10000 Touch
Lost Mary MT15000
Banana Cake
Dr.Cherry
Rocket Popsicle
Grape Jelly
Airfuze Smart 30000
Sour Lush Gummy
Berry Bust
Strawberry Banana
Watermelon Ice
Miami Mint