A bill seeking to put additional restrictions on vape products in South Dakota is advancing to the Senate floor. However, opponents say it approaches overregulation.
House Bill 1069 places new guardrails in place for the sale, marketing and distribution of vapor products in South Dakota, and resembles legislation found in nine other states.
It was brought by Rep. Brian Mulder and Sen. Sydney Davis, two Republicans.
“It regulates the legal products that are coming in, and it provides South Dakota, retailers, and distributors a way to determine what products are being regulated, and at least attempting the good-faith effort for approval through the FDA," Mulder said. "Those products are all legal to sell under this bill, and the products that are evading or avoiding this process would not be legal to sell.”
A fair portion of the American vapor market is taken by Chinese imports – think Elfbar or Puff Bar – that do not adhere to the same standards of American vape companies like Juul or Blu.
Davis said this is an opportunity to cut vape use among kids.
“When products go through the FDA process, they are required to prove they are not marketed to children and it would not appeal to children in that it is a product for adults," Davis said. "Products that are not going through this FDA process can look however they want. So, that’s this added safety measure.”
Opponents of the bill contend it could stifle competition and boils down to a vehicle bill for big tobacco companies to consolidate more of the vapor market share in America, with some going as far as to suggest to bill was brought by tobacco companies directly.
Among proponents of the bill was Altria Corporation, the parent company of Marlboro.
It passed the Senate Commerce and Energy Committee in a six to three vote.