Consumer Advocates for Smoke-free Alternatives Association

FL - Stop a Flavor Ban (VETO SB 810)! (UPDATED)
Action Alert
(Update - 09.09.20)
On Tuesday evening, Sept. 8, 2020, Governor Ron DeSantis made the bold, but logical decision to Veto SB 810! Among states where flavor bans have been enacted (RI, NY, MA, and NJ), Governor DeSantis is the first to stand up to a flavor ban bill passed by the legislature. Florida’s governor is also the first to publicly acknowledge compelling data showing that passing such a bill would “almost assuredly lead more people to resume smoking cigarettes, and it would drive others to the hazardous black market.”
Why does standing up to flavor bans matter in a post-PMTA world?
For those new to vaping or just generally unfamiliar with federal tobacco regulations, the premarket tobacco application (or PMTA) deadline is today, September 9, 2020. This application is required to keep or bring new tobacco/nicotine products on the market. It is estimated that 95% to 98% of vapor manufacturers will not be able to afford this process and are not capable of filing on time.
But 98% is not 100% (as the antis are fond of saying), so there will still be a handful of flavored vapor products allowed for sale.
The FDA has already approved some new tobacco products that are being sold in flavors other than tobacco (specifically mint, menthol, and wintergreen). In the weeks prior to today’s deadline, the FDA is also accepting for review several applications for bottled e-liquid in flavors ranging from tobacco to cereal to fruit. Despite the rhetoric from certain members of congress and the incessant pro-drug war drum beat of tobacco prohibitionists, FDA is still capable of approving flavored smoke-free nicotine products for market. Moreover, FDA may even allow manufactures of these products to market them as safer than cigarettes, if they apply for and receive a modified risk order.
By vetoing SB 810, Governor DeSantis is supporting decisions by FDA to allow low-risk flavored nicotine products on the market after concluding that these products meet the “appropriate for the protection of public health” standard.
SB 810 and all of the other flavor ban legislation that CASAA is tracking are harbingers of things to come in 2021. While the PMTA approval process is daunting, and most manufacturers can not afford the cost of submitting on time (or at all), we anticipate that FDA may approve the sale of some flavored vapor products. Without action from congress (amending the Tobacco Control Act to ban flavors in smoke-free products), cities and states remain the battleground for flavor bans.

Congratulations, Florida, and THANK YOU for your participation!


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