TALLAHASSEE – Florida is pushing to keep e-cigarettes and vapes out of kids’ hands by targeting marketing of non-FDA approved products.
It is estimated that 54% of vaping products sold in the U.S. are not approved by the Food and Drug Administration.
A new bill to limit access and advertising of these products is being discussed in Tallahassee.
State Sen. Alexis Calatayud, (R) Miami, sponsor of the “Florida Age-Gate Act,” presented the bill to the Senate Industries Committee this week.
[WATCH BELOW: Florida cracks down on vapes targeting kids]
“With that reality and Florida inundated with products, we want to do the wisest thing the legislature can do and ensure that these products are removed from marketing promotion and access to people under 21 years old,” she said.
Currently, only 39 e-cigarettes are authorized by the FDA. Any other types are illegal. The FDA reports the illegal vapes often contain chemicals like formaldehyde and lead.
According to a 2024 Florida Youth Tobacco Survey, 7.4% of children aged 11 to 17 in the state used vapes, higher than the national average of 5.9%.
To address the lack of enforcement on sales, the new law will focus on banning advertising of these products to keep them out of sight of minors.
“They are being sold today without FDA approval in convenience stores, in gas stations across the country,” Calatayud explained. “This legislation makes sure that in Florida, there is a prohibition on marketing these devices, on displaying and promoting them, and that in all of these locations there is a definitive barrier between people under 21 years old and explicitly these products.”
Retailers caught violating the law could face fines up to $5,000 per violation, permit suspensions, or even revocation depending on the number of offenses.
- For a first violation, an administrative fine between $500 and $1,000, and an order requiring corrective action within 15 days.
- For a second violation, an administrative fine of $1,000 to $2,500, and an order requiring corrective action within 3 days.
- For a third violation, an administrative fine between $2,500 to $5,000, and suspension of the dealer’s permit for 30 days.
- For a fourth violation, an administrative fine of no less than $5,000, and suspension of the dealer’s permit for 90 days.
- For a fifth or subsequent violation, revocation of the dealer’s permit.
The bill also provides that, if a dealer, or a dealer’s agent or employee, commits a third or subsequent violation within 12 weeks after the first violation, that person commits a second-degree misdemeanor.
The Department of Law Enforcement will use the money from the fines to increase enforcement personnel, fund compliance inspections and investigations; and develop and implement public awareness campaigns to reduce nicotine use by people under 21.
The bill unanimously passed the Senate Industries Committee and now heads to the Appropriations Committee on Agriculture, Environment and General Government and then the Fiscal Policy Committee.
For more information on the bill, click here.
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