House committee advances bill to create state directory for vape products amid debate over impacts on retailers and youth access

NASHVILLE — The House Government Operations Committee voted 12-1 on March 10 to give House Bill 968 a positive recommendation to the Finance, Ways and Means Committee. Sponsor Representative Hawk said the bill "essentially sets up a directory for vape products" that would limit retail sales to products the Food and Drug Administration has either authorized or placed on a regulatory pathway, and would require universal age verification.

Committee members debated the bill for more than an hour, focusing on whether the measure would reduce the flow of unregulated disposable vapes into schools and whether it would inadvertently restrict products sold in independent vape shops. "House bill 968 attempts to stop the influx of illegal Chinese vape products that are addicting our kids and wreaking havoc on our schools," Hawk said during his opening remarks.

The bill's sponsor described the measure as a public-health tool intended to remove illegal imports and require retailers to sell only items that have undergone FDA review or are in the agency's review pipeline. "The universal carding aspect of it is helpful," Hawk said, adding that he wants to reduce the inventory of illegal products in the state.

Vape-shop owners and an industry representative testified in opposition during the public-comment period. Terry Livesey, identified as communications director for the Tennessee Smoke Free Association and owner of two stores (Knoxville Vapor and a Sevierville location), said the bill was drafted "by Big Tobacco" and would remove most products from independent shelves. "This bill would put it would remove all of the products from my shelves. It would close my stores," Livesey said, and said the majority of products sold in licensed vape shops are U.S.-made open-system e-liquids produced in FDA‑inspected facilities. Livesey also disputed an earlier committee assertion about the size of the FDA list, saying, "We've seen that list and actually only about 40," while others in committee earlier referenced larger lists and different counts.

Committee members questioned how the bill would be implemented in practice. Representative Clemens and others asked whether retailers would be able to identify which products are permitted and whether states would publish a list for retailers. Representative Hawk and members said other states publicly publish products on their lists and that Tennessee would likely do the same.

Lawmakers also raised enforcement and policy questions: whether the bill would meaningfully keep vapes out of students' hands when older individuals can purchase products for minors, and whether revenues or fees created by the measure would be directed toward enforcement or treatment programs. Representative Hardaway asked whether revenues could be directed to substance-abuse programs; Hawk said enforcement would be a substantial portion and said he would work with colleagues and the Department of Mental Health on spending decisions.

The committee recorded the final vote as 12 ayes and 1 no. The clerk reported the outcome and the chair announced that House Bill 968 will proceed to the Finance, Ways and Means Committee for further consideration.

The committee record shows substantial disagreement among witnesses and members on how many products are on the FDA lists and on whether most illegal disposables come from China. The transcript contains both claims that "90% of these products are coming from China" and testimony from the industry witness that most products sold in licensed vape shops are U.S.-made open-system products.

Lawmakers did not adopt additional amendments on the committee floor. The committee's action was a positive recommendation; final legislative effect will depend on subsequent committee work and any amendments in later stages.