Mississippi Must Reject H.B. 916 & S.B. 2850: A Direct Attack on Nicotine Alternatives and Consumer Choice
Mississippi is now in the crosshairs of a deeply flawed regulatory push that threatens adult access to superior nicotine alternatives. House Bill 916 and Senate Bill 2850 propose a so-called "certification" process for vapor products—an overreaching, state-level regulatory scheme that mirrors the FDA’s disastrous Pre-Market Tobacco Application (PMTA) process. This is not about protecting public health or youth; rather, it is an aggressive attack on adults seeking alternatives to traditional tobacco products. If passed, these bills will wipe out nearly all vapor products in Mississippi, leaving thousands of adult ex-smokers without access to their preferred nicotine alternatives.
The Dangers of a State-Level PMTA
The proposed legislation would require vapor product manufacturers to go through an arbitrary state certification process, an unnecessary duplication of federal regulatory efforts that have already proven ineffective. The FDA’s PMTA process has been riddled with delays, inconsistencies, and bias against independent vape manufacturers, resulting in mass market prohibitions. This state certification process would be no different—only large tobacco companies with extensive legal resources could hope to navigate it, while small businesses and independent manufacturers would be driven out of the market entirely.
Adult Access at Risk
Studies, including a recent Cochrane review, have consistently shown that flavored vapor products are among the most effective tools for smoking cessation. According to the Cochrane Review, vaping is the most effective method ever devised for helping smokers quit traditional cigarettes. By eliminating access to these products, Mississippi lawmakers would not be protecting public health but rather condemning thousands of adults back to combustible cigarettes—products that are proven to be far more harmful.
Public health agencies across the world, including the Royal College of Physicians, have acknowledged that vaping is at least 95% less harmful than smoking. But instead of following the science, Mississippi lawmakers are pushing regulations that will force adult consumers into fewer, less effective options or back to deadly tobacco products.
Small Businesses Will Be Devastated
Independent vape shops and distributors have been a lifeline for Mississippi communities, offering both employment opportunities and effective smoking alternatives. These bills would force most of them to shut their doors, leaving only Big Tobacco-backed products on the shelves. The economic fallout would be devastating, with job losses, tax revenue declines, and the destruction of a once-thriving industry that provides a vital public health service.
The “Youth Epidemic” Myth and Government Overreach
Lawmakers often justify these regulations by citing concerns about youth vaping, but the reality is that stringent age restrictions already exist, and youth vaping rates have been steadily declining. Furthermore, per a recent Yale study banning flavored vapor products only drives demand to unregulated, illicit markets, making it more difficult to control and enforce safety standards and boosts traditional cigarette sales. Responsible businesses should not be punished for the failures of enforcement and education.
Mississippi, Take Action Before It’s Too Late
Mississippi must not follow in the footsteps of states that have allowed misguided regulations to crush alternative nicotine products. These bills will:
Eliminate access to superior smoking alternatives for adults
Destroy small businesses and hand over the market to Big Tobacco
Ignore scientific research showing vaping is the most effective smoking cessation tool available
Push adults back to deadly cigarettes
We MUST take action before it’s too late. Contact your state legislators today and urge them to protect access to proven alternative products. Tell them to VOTE NO on H.B. 916 and S.B. 2850.
Fill out the VTA Call to Action here.
Mississippi, your right to choose a safer alternative is on the line. Stand up and fight for it!