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Committee hears hours of testimony on vape registry bill; HB 9‑68 rolled one week

2839398 · April 1, 2025
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Summary

After extensive testimony from vape shop owners, industry advocates and storefront and convenience store groups, the Finance, Ways and Means Committee rolled House Bill 9‑68 for one week to allow further work on enforcement, product scope and exemptions.

The House Finance, Ways and Means Committee heard extended testimony on April 1 about House Bill 9‑68, a bill to create a vape product registry and user‑fee enforcement mechanism. Sponsor Chairman Hawk said the bill implements a registry intended to help law enforcement identify illegal products and remove them from Tennessee stores; after more than an hour of testimony from vape shop owners, trade groups and industry lawyers, the committee voted to roll HB 9‑68 for one week to allow additional drafting and stakeholder discussions.

Sponsor statement and committee timeline Chairman Hawk told the committee HB 9‑68 is intended to enforce federal standards and to create a registry and user fee to fund enforcement. "This bill will give law enforcement the ability to go after these illegal products and get them off our store shelves," Hawk said. He said manufacturers wishing to sell legal products can begin the Food and Drug Administration review process immediately and that the bill gives retailers several months to sell existing inventories of products that are not on the registry.

Industry and retailer testimony Dozens of business owners and trade representatives told the committee the bill, as drafted, would sweep both closed (disposable) products and open, refillable systems into the same regulatory structure and that would harm small retail shops that focus on open systems used for adult smoking cessation.

Danny Gillis, president of the Tennessee Smokefree Association and owner of multiple vape shops, asked the committee to "carve out open systems vaping" and to keep disposables on the registry while exempting refillable devices. Gillis said open systems helped him quit smoking and that his stores card customers and primarily sell refillable e‑liquids with lower nicotine concentrations.

Attorney Greg Trautman warned of implementation and enforcement challenges and said states that previously adopted registry laws have faced delays in producing usable registries. "In Kentucky, they passed this bill last year. It took effect January 1. It's been an enforcement nightmare," Trautman said. He also raised concerns about market consolidation by large tobacco companies if the bill effectively restricts smaller, independent manufacturers.

Retailer testimony emphasized business and public‑health concerns. Bill Lipsey, who said he has run a Knoxville vape shop for 12 years, told the committee a broad registry could put specialty vape shops out of business and described the measure as a potential "market capture" by large tobacco companies.

Support from convenience stores and enforcement advocates Representatives of convenience stores and fuel distributors — who said they favor universal carding and clearer product lists — testified they support a state directory that clarifies which products are legal and illegal, and they generally backed wholesale tax collection and enforcement resources that would level the playing field for law‑abiding retailers.

Committee action After receiving extensive testimony from both sides and multiple questions from lawmakers, Chairman Hawk asked to roll the bill one week to continue drafting and stakeholder discussions. The motion to roll HB 9‑68 for one week carried without objection.

Next steps Committee staff and sponsors said they would use the coming week to explore narrower language that targets disposable, prefilled products associated with youth use and illegal imports while considering exemptions or alternative channels for open, refillable systems sold in licensed adult‑only shops.