Louisiana Requires Registration for Sale of E-Cigarettes and Nicotine Products

According to a report by Nola on October 11th, as of October 1st, manufacturers of e-cigarettes and other alternative nicotine products sold in the state of Louisiana should have already begun registering their products with the Office of Alcohol and Tobacco Control. Starting from November 1st, if a product is not listed on the registry, it will not be legally allowed to be sold in the state of Louisiana.

The bill was introduced by Louisiana State Representative Paul Hollis and initially aimed to increase taxes on e-cigarettes. However, it quickly evolved into a more comprehensive law seeking to significantly reduce the market for e-cigarettes, particularly those targeting the youth market, and products not approved for sale by the U.S. Food and Drug Administration (FDA).

The registry provides a comprehensive list of all FDA-approved e-cigarettes and alternative nicotine products sold in the state. If a product is not listed on the registry, it will not be legally permissible for sale in Louisiana.

In order to legally sell and be included in Louisiana's "V.A.P.E. Directory," manufacturers must submit a form certifying that each of their products meets the following conditions:

The product has been on the US market since 2016, and the manufacturer applied for FDA marketing approval before 2020. The FDA marketing approval for the product is currently under review. The product does not have FDA marketing approval, but the manufacturer has obtained a restraining order through litigation. The product has received FDA marketing approval.

Starting from November 1st, products that have been officially authorized by state or federal government will be listed in the "V.A.P.E. Directory" online catalog by ATC.

While it remains unclear which products will be approved, the law could potentially prohibit the sale of the majority of flavored e-cigarettes in the state of Louisiana, resulting in a significant reduction in product options.

Commissioner Ernest Legier of the Office of Alcohol and Tobacco Control has announced that the agency, which currently employs 30 agents throughout the state, will be conducting regular compliance checks. Starting from November 1st, these agents will be looking for illegal e-cigarettes and nicotine products during routine inspections.

According to the law, the FDA will have the authority to impose fines on retailers who sell unapproved products. While manufacturers claim that e-cigarettes and other alternative nicotine products are less harmful than traditional cigarettes and can be used by adults as a smoking cessation aid, critics argue that these products often come in fruit flavors, are easy to conceal, target the youth market, and are cultivating a new generation of nicotine addicts.

The government regulatory agencies have also been striving to keep up with the constantly evolving products, which are typically sold online and in other places without FDA approval.