Senate passes bill to create directory of certified e-cigarette products; amendment follows federal compliance changes

The Mississippi Senate passed Senate Bill 2850, a measure to create and maintain a state directory of certified electronic smoking devices (ENDS, commonly called vapes) that may be sold in Mississippi.

Senator Hawkins, the measure—xplainor on the floor, said the bill would "create and maintain a list of certified electronic smoking devices that can be sold in Mississippi" and would help retailers and wholesalers identify products that have met federal premarket review or other applicable federal standards. He said the Food and Drug Administration (FDA) regulates ENDS nationwide and that many products in the market have not undergone federal review. The senator cited Centers for Disease Control estimates that many vape products nationwide consist of illicit products skirting federal regulation.

Under the bill, the Department of Revenue nd specifically the commissioner of revenue re given authority to remove manufacturers or products from the directory if they are not in compliance with applicable law. The sponsor said the intent is to reduce consumer confusion and to provide retailers a reliable list of authorized products.

On the floor the sponsor offered an amendment that ties Mississippi's recognition to changes in federal rules: if the federal regulatory framework for ENDS products is amended, manufacturers or products must provide documentation substantiating compliance with the new federal standard within 30 days of the date the manufacturer is required to comply; failure to substantiate would be grounds for removal from the state directory. Senator Hawkins said this guards against disruption if the FDA changes its premarket tobacco product application (PMTA) process or other standards.

Senators asked whether the bill should include criminal penalties like Louisiana's law. Senator Hill asked whether fines alone would deter larger companies from selling noncompliant products. The sponsor said penalties and enforcement could be revisited based on experience; the amendment and the directory would take effect in September as drafted.

The committee substitute and floor amendment were adopted and the bill passed by use of the morning roll call. The transcript records Senator Parker voting "present" during the roll call; recorded no-votes or other present votes are noted where specified on the record.

The bill relies on federal regulatory processes (FDA/PMTA) to determine what is lawfully marketable, and the floor amendment requires manufacturers to demonstrate compliance with any changed federal requirements within a 30-day window.