South Carolina H.B. 3728: A Barrier to Alternative Nicotine Products and Small Businesses
South Carolina lawmakers are considering H.B. 3728, a bill that introduces new regulations on electronic nicotine delivery systems (ENDS), mandates a state-maintained directory of compliant products, and restricts certain marketing practices. While protecting minors is essential, this bill goes beyond reasonable safeguards and imposes excessive regulations that could harm small businesses and limit access to better nicotine alternatives.
Why You Should Oppose H.B. 3728
✅ A State-Run Directory Creates Market Barriers
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The bill requires the Attorney General to maintain and update a public directory of compliant products.
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Only products meeting federal PMTA (Premarket Tobacco Product Application) requirements will be included, excluding many independent and small manufacturers who are still awaiting FDA approval.
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This could result in a de facto ban on many vaping products, reducing consumer choice and limiting access to alternative nicotine delivery tools.
✅ Unnecessary Redundancy with FDA Regulations
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The FDA already enforces strict regulations on vapor products through the PMTA process.
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H.B. 3728 duplicates federal oversight, making it harder for retailers to navigate compliance and stock legal products.
✅ Harmful Impact on Small Businesses
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Small vape shops rely on a diverse selection of products to stay competitive.
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Restricting which products can be sold will favor large tobacco companies and push independent businesses out of the market.
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Increased compliance costs and strict enforcement measures will make it harder for retailers to operate legally.
✅ Marketing Restrictions Could Be Overreaching
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Protecting minors is important, but this bill broadly prohibits terms like “candy” and “bubble gum”—even when those flavors are legally marketed to adults.
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Restrictions on branding and imagery could lead to unintended censorship of legitimate businesses.
✅ Delays in Implementation Create Uncertainty
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The bill requires the first certification by August 1, 2025, with the directory launching in October 2025.
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This creates a long period of uncertainty for businesses and consumers, making it difficult to plan ahead.
📨 How to Contact Your Representatives
Tell South Carolina lawmakers you oppose H.B. 3728 because it overregulates small businesses, restricts consumer choice, and duplicates federal oversight. Use these talking points when reaching out:
📌 "I oppose H.B. 3728 because the state should not enforce additional barriers on vaping products that already comply with FDA regulations."
📌 "This bill unfairly favors large corporations while pushing independent vape shops out of business."
📌 "Restricting legal adult marketing terms like 'candy' and 'bubble gum' could lead to unnecessary censorship and confusion for retailers."
📌 "I urge you to vote NO on H.B. 3728 and support policies that ensure responsible access to adult-appealing and smoke free nicotine products."
📞 Take Action Today!
Call or email your state representatives and urge them to vote NO on H.B. 3728.
Share this information with business owners, consumers, and advocates.
Stay informed about upcoming hearings and legislative updates.
🔗 Read more about the bill here:
H.B. 3728 Bill Overview
South Carolina businesses and consumers deserve regulations that balance safety with accessibility, not overreach that restricts alternative nicotine products and economic growth. 🚨
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