COLUMBIA, S.C. — In a bid to curb teen vaping, South Carolina lawmakers are advancing a bill aimed at restricting vape shops to selling only FDA-approved products.
Supporters, including big tobacco companies, say the goal is to let retailers and consumers know what’s legal and what’s not.
"The goal is to try and protect our children from getting hooked on nicotine and using what I call these attractive nuisance vape products at a very young age," said Senator Brad Hutto, a lead sponsor of the bill.
Lawmakers say that thousands of colorful vape products, bearing enticing names like "Strawberry Watermelon" or "Sweet Tart," have been seized in South Carolina schools. Many of them are not approved by the FDA.
According to the FDA, there has been a 2,617% surge in the use of these products among high schoolers since 2019. In South Carolina, nearly 50% of high schoolers reported using these products.
Richland School District One substitute teacher Mikayla Swindler has seen the issue firsthand.
“You see kids hiding vapes under their sleeves, you see kids asking to go to the bathroom often, more than they should, outside kids walk, they vape,” said Swindler.
Hutto, alongside Senator Thomas Alexander, co-authored the legislation, which proposes the establishment of an official registry listing all FDA-approved vape products.
Oversight of this registry would fall under the purview of the State Attorney General, effectively prohibiting the sale of any product not included.
Opponents, including vape shop owners, say the bill will hurt their industry.
The American Cancer Society Cancer Action Network says the registry isn’t enough to combat vape usage among teens and that more evidence-based methods — like raising the price via cigarette tax and cracking down on flavored vapes — would be more effective.
"There is no proven data that this bill will really impact youth who start using tobacco products or the adults who really want to quit,” said Beth Johnson. "We respect the legislators who are working to do something but We don't feel like this bill goes far enough and there’s certainly more that we can do."
Any retailer found selling unapproved products could face severe penalties, including fines and suspension of their business license.
If signed into law, the registry must be operational by September 1, 2024, or whenever the Attorney General releases it for the first time, whichever happens later.
Similar measures are under consideration in twenty-four other states.
Under current FDA regulations, flavored vapes are illegal, with only twenty-three vape products approved for sale in the United States.