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House approves tougher vaping rules, including import ban from some foreign producers
Summary
Lawmakers approved a bill that tightens regulation of consumable vaping products: a 10 percent wholesale tax, new manufacturing and import restrictions tied to FDA registration, restrictions on youth-targeted advertising and a phased transition for retailers.
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The Tennessee House voted to approve legislation that tightens state rules on consumable vaping products, adding a 10 percent wholesale tax, new manufacturing and import requirements tied to U.S. Food and Drug Administration registration, and limits on advertising that may appeal to children.
Representative Jason Hawk, sponsor of the measure, told colleagues the bill requires manufacturers selling in Tennessee to certify annually that their products comply with applicable FDA requirements. The bill also bans consumable vapor products manufactured in foreign adversarial countries, establishes new limits on storefront and billboard advertising near schools and childcare facilities, and sets fines for sales to underage purchasers.
"Products that are currently legal in Tennessee will continue to be legal moving forward," Hawk said while describing a phased approach that gives retailers time to comply. The measure created industry deadlines that stretch into 2027 to allow businesses to adjust to the new manufacturing, registration and product rules.
Supporters said the law is aimed at reducing youth vaping and ensuring products meet federal safety reviews. Opponents questioned the phase-in schedule and asked whether the Department of Revenue or the Alcoholic Beverage Commission would lead enforcement. The legislation places administration and enforcement authority with the Tennessee Alcoholic Beverage Commission and clarifies how those funds may be used for enforcement.
The House approved the bill on a roll call of 87 yeas to 4 nays. The bill will now return to the Senate for concurrence on any House amendments and, if agreed, go to the governor.
