South Carolina prohibits deceptive ENDS advertising targeting minors and school supplies

On January 29, 2025, South Carolina introduced Senate Bill 287, a legislative measure aimed at regulating the marketing and advertising practices of electronic nicotine delivery systems (ENDS) products. The bill seeks to address growing concerns regarding the exposure of minors to vaping products and their associated imagery.

Key provisions of Senate Bill 287 include prohibitions against using branding or marketing strategies that mimic popular food brands or school supplies, which have historically targeted younger audiences. Additionally, the bill stipulates that any advertisements for ENDS products must be placed where at least 85% of the audience is expected to be 18 years or older, ensuring that marketing efforts do not inadvertently reach minors. Advertisements are also barred from making health claims or containing misleading information.

The bill has sparked notable discussions among lawmakers, particularly regarding its implications for the tobacco industry and public health. Proponents argue that the legislation is a necessary step to protect youth from the risks associated with vaping, while opponents raise concerns about potential overreach and the impact on businesses that rely on these products.

The Attorney General is granted authority under the bill to establish regulations for its enforcement, with key deadlines set for the implementation of certification requirements and the operational launch of a directory for ENDS products by October 1, 2025.

As the bill progresses through the legislative process, its potential economic and social implications are under scrutiny. Experts suggest that if passed, the bill could significantly alter the marketing landscape for ENDS products in South Carolina, potentially leading to a decrease in youth vaping rates. However, the effectiveness of such regulations remains to be seen, as stakeholders prepare for the upcoming debates and discussions surrounding the bill.

Senate Bill 287 is poised to take effect upon approval by the Governor, marking a significant step in South Carolina's efforts to regulate the vaping industry and protect public health.