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MO - Stop a Vapor Ban Disguised as Product Registration!

The Missouri Legislature is back to work (from a distance) and rushing to pass legislation prior to the official end of session. A licensing bill (so to speak) for vapor products is working its way to a floor vote in the Senate. If passed SB 1085 would ban the sale of any tobacco or nicotine products that the FDA has not accepted a premarket application for, starting on July 1, 2020. 

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SB 1085 would require any vapor product manufacturer (liquids and devices) to register their products with the state prior to being sold in Missouri. The registry, to be maintained by the state, would be publicly searchable for businesses and amateur tobacco controllers to confirm that the products they see are legal for sale in the state. While this is strikingly similar to the database already maintained by the FDA, the extra cost to manufacturers for complying with product registration could be up to $500 per product.

SB 1085 specifically states that the yet-to-be-determined fee should only be enough to cover the cost of administering the registry, but the cost of compliance is really beside the point. Consumers and industry shouldn’t have to foot the bill for Missouri to duplicate a product registry that is already maintained by the US Food and Drug Administration (FDA). Moreover, the state of Missouri shouldn't be taking over the role of enforcing FDA rules and guidance. Especially when those rules and guidance are constantly changing and deadlines are in flux.

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