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Vapor industry lobbyist urges removal of HB1003 Section 12, warns of PMTA enforcement risks
Summary
A representative of the Vapor Technology Association told the committee Section 12 of HB1003 would effectively adopt the federal PMTA framework at state level and could close independent vape retailers; he cited pending litigation over the FDA process.
Patrick Berry, representing the Vapor Technology Association (VTA), told the Senate Appropriations Government Ops Division he opposes Section 12 of House Bill 1003. Berry said the provision would import the federal premarket tobacco application (PMTA) framework into state enforcement in a way that could remove flavored and other non‑PMTA products from the marketplace and disadvantage independent retailers.
Berry said the PMTA process has been the subject of recent appellate rulings and is currently before the U.S. Supreme Court. He cited rulings in the Fifth and Eleventh Circuit courts that criticized how the Food and Drug Administration applied the PMTA standard, and he warned that a state‑level registry requirement tied to PMTA outcomes could require the state to monitor shifting federal court orders and daily regulatory updates. “Accordingly, VTA respectfully asks that you remove section 12, the PMTA registry process, from the provision in House Bill 1,003,” Berry said in testimony.
Berry argued the practical effect of the PMTA‑linked requirement would be to shrink the retail market to a small number of tobacco‑industry‑backed products that had obtained marketing authorization. He also told senators that some research suggests flavor bans or broad restrictions can raise combustible cigarette sales, and he urged lawmakers to work with the AG’s office on alternative enforcement ideas directed at illegal or counterfeit products rather than a state registry tied to the federal PMTA process.
Committee members did not take immediate action on the provision; testimony was entered for consideration in the committee’s review of HB1003.
