Two Florida Bills Move: One Restricts Vape Advertising, Another Rewrites Cigarette Tax Treatment for Heated Tobacco

Key Points

• Location: Florida, United States

• SB 980 focus: Ad/promo/display limits for non-FDA-authorized nicotine vapes; bans open displays in convenience stores and gas stations

• HB 377 focus: Removes heated tobacco products from cigarette-style taxation; disagreement persists over whether they still fit the legal definition of cigarettes

2Firsts, Jan 28, 2026

According to Florida media reports, the Florida Senate Industries Committee unanimously advanced SB 980 — the “Florida Age-Gate Act” — in a bid to tighten guardrails around nicotine dispensing devices that are being sold without FDA marketing authorization, particularly in retail settings frequented by young people.

SB 980: Advertising, promotion, and display limits for non-authorized products

The measure would impose new restrictions on advertising, promotion, and product displays for certain vapes and nicotine devices, including a ban on open displays in convenience stores and gas stations. SB 980 also introduces escalating penalties: a first violation would carry an administrative fine ranging from $500 to $1,000, a seven-day suspension of the dealer’s permit, and a corrective-action order within 15 days. A third or subsequent violation within 12 weeks after the first could rise to a second-degree misdemeanor.

All fine revenue would be directed to the Florida Department of Law Enforcement (FDLE) to hire staff, fund investigations, and run awareness campaigns encouraging minors to stop using nicotine. The bill also carves out an exemption for dealers whose products already have FDA marketing authorization orders, allowing them to continue advertising in retail stores.

While lobbyists for the Florida Retail Federation and Juul Labs did not speak during the hearing, they signaled opposition. During the committee discussion, Sen. Jim Boyd referenced concerns raised to lawmakers that the bill could enable illegal products — including those from China — to end up in retail outlets, cautioning that some claims heard that day may not be fully accurate. Sponsor Sen. Alexis Calatayud said the reality is that non-authorized devices are already widely sold across convenience stores and gas stations, and argued the bill offers a practical path to protect minors without triggering a costly, sweeping enforcement campaign.

When Sen. Jason Pizzo asked why Florida should not simply ban sales of non-FDA-authorized devices outright, Calatayud warned such a move could fuel a black market. Pizzo said he would vote yes but believes lawmakers could ultimately go further. Calatayud added she is open to refining the bill as it moves forward. Next stops for SB 980 are the Appropriations Committee on Agriculture, Environment, and General Government and the Fiscal Policy Committee. The House companion, HB 843, has been referred to three committees but has not yet been brought up for a vote.

HB 377: Heated tobacco taxation dispute

Also on Tuesday, the Florida House Ways and Means Committee advanced HB 377 on a 14–1 vote. The proposal would exclude heated tobacco products from being taxed like cigarettes. The sole “no” vote came from Rep. Anna Eskamani, who said a prior executive statement already effectively achieves the policy goal and argued that, from the FDA’s perspective, the products still meet the legal definition of cigarettes and should therefore face the same tax treatment.

Sponsor Rep. Chase Tramont countered that the bill modernizes Florida law for newer technology and emphasized that heated tobacco products are not cigarettes because they involve no smoke. House analysis describes heated tobacco products as devices that heat a tobacco-filled paper stick electronically to generate a nicotine-containing aerosol inhaled by the user.

Image source: Floridapolitics