Stop the South Dakota Vape Sales Ban

Attention South Dakota residents. Your access to vaping products has never been in more danger. Click here to visit CASAA and make your voice heard. Politicians will ignore your wishes if you do not speak. And the most recent gambit to deny adults access to vaping products is the most aggressive yet. 

South Dakota Vape Ban CASAA Banner

ACT NOW TO PROTECT VAPING

Big Tobacco Protection Act

We urge you click on the call-to-action banner below above to make your voice heard. You can also use CASAA’s legislator lookup to find who represents you and let them know that you vape, you vote, and that adult freedoms and consumer choice should not be stripped away to benefit the lobbyists with the deepest pockets.  

South Dakota SB 116 is what is known to advocates as a “PMTA Registry” law. It has been introduced and referred to the Senate Committee Health and Human Services. 

If enacted, this law would effectively make the state of South Dakota an enforcement arm of the Food and Drug Administration empowering state authorities to enforce the disastrous federal anti-vaping regulations. This would put hundreds of independent vape shops out of business, hundreds of workers out of jobs, and thousands of people at risk of returning to smoking, or delaying attempts at quitting.

Please take a minute to send an email to your lawmakers urging them to oppose SB 116!

 

Act Now to Stop South Dakota Vape Ban 

When: February 14th, before the Senate Health and Human Services Committee in Room 412 of the South Dakota State Capitol from 7:45 AM to 9:45 AM.

What SB 116 Entails:

  • A de facto total ban on the sale of all disposable vaping products and products containing non-tobacco nicotine (synthetic nicotine).
  • Protects Big Tobacco from competition in the vapor product market. Both Altria and R.J. Reynolds, which support these bills, have blamed disposables for falling sales of combustible cigarettes.
  • The bill proposes the creation of a PMTA registry. Products that applied for marketing authorization from the Food and Drug Administration afterSeptember 9, 2020, would NOT be allowed to be sold in South Dakota. The most popular disposable products sold today applied for PMTAs in 2022 or after, so all these products would be prohibited.
  • Annual certification and a $500 fee per vapor product type sold in the state. The few companies that produce e-liquids still pending PMTAs from 2020 are unlikely to pay $500 per product.
  • Heavy penalties for misrepresentation and non-compliance, including misdemeanor charges and civil penalties of $1,000 per day for each non-listed product sold.

Impact on Your Business:

  • Disproportionate Burden: Small to medium-sized vape businesses will face overwhelming financial and operational burdens due to extensive documentation and fees required.
  • Threat to Business Viability: Over 90% of vaping products sold in stores today would become illegal, potentially forcing many businesses to close.
  • Boost to Illicit Markets: The stringent regulations could drive consumers towards unregulated markets, compromising public health and safety while undermining legitimate businesses.
  • Inhibits Innovation: The bill disproportionately affects disposable vaping products and stifles innovation in the vaping industry.
  • Native American tribes: The bill gives no indication that it will be enforced on tribal lands.

Call to Action:

  • Attend the Committee Meeting: If you can make it to Pierre, voice your opposition at the Senate Health and Human Services Committee meeting on February 14, 2024.
  • Contact Your Senators: Reach out to Senators Tobin, Davis, Bordeaux, Hoffman, Novstrup, Reed, and Rohl, urging them to oppose SB 116 (see below for an email list – a simple message explaining that you are a South Dakota business owner and opposed to SB 116 would be great) . Also, reach out personally to your South Dakota State Representative and State Senator to voice your opposition to this bill. Ask them for a phone call and be respectful!
  • Consumer Activation: Direct consumers to CASAA’s Call To Action so they can send emails.
  • Join our Zoom call: Email Gregory Conley at gconley@theavm.org to get access to Zoom calls and updates as this bill moves through the legislative process. We will be holding one tonight (Tuesday, February 13th) at 9 pm Eastern.
  • Time Is Of the Essence: This bill must pass the Senate by February 21st and be sent to the Governor by March 25th. Act now!

Your voice is crucial in this fight. Together, we can safeguard our businesses and the rights of consumers across South Dakota.

Vaping Under Siege

The tobacco-industry lobbyists carefully worded their PMTA Registry scheme so that it bars products released after 2016, using the FDA’s shaky PMTA process as a guideline.

PMTA Registry laws are already in place in Oklahoma, and Louisiana. CASAA refers to this cookie-cutter and self-serving piece of legislation as the “Protect Big Tobacco Act”. Make no mistake. They are a de facto vape ban.  

When passed, PMTA Registry bills force vape shops to close, decimate the industry, deny adults access to vape products, and leave the tobacco industry with uncontested control of the market.

 

CRITICISMS OF PMTA REGISTRY BILLS

This is Big Tobacco's newest scheme to eliminate the independent vape industry and funnel sales to their own products. It involves passing a series of PMTA Registry Bills at the state level across the nation.

South Dakota’s state government will be enlisted to work as enforcement arm for federal regulators, unevenly applying edicts from Washington to deny adult vapers access to the legal products they prefer. And South Dakota tax payers will foot the bill. 

 

  1. Structured so that the tobacco industry’s vape products remain on market, despite also not having received PMTA authorization, while barring their less expensive competition.
  2. Serves as a flavor ban, denying adult vapers the flavors they prefer. An FDA funded study found cigarette sales increase in areas with flavor bans.
  3. Bars easy to use disposable vapes, which are ideal for initiates and not coincidentally compete head-to-head with prefilled pod kits made by Big Tobacco.
  4. Harms small businesses, vape shops and convenience stores, by removing high-volume and profitable products while leaving lower margin tobacco industry vapes on shelves.
  5. Contrary to spirit of consumer choice and entrepreneurship, barring products released after 2016. 

GREATER COST, FEWER CHOICES FOR ADULT VAPERS

The price difference between independent vape industry products and those made by Big Tobacco is staggering. It costs over $200 to vape 30ml of e-liquid from a Vuse Alto. For Juul users, that cost increases to nearly $350 per 30ml.

A Lost Mary MT15000 Turbo costs a $63 to vape the same amount of e-liquid. The difference for the average user can equal a car lease or student loan payment. 

Vape Cost Table

This table does not even account for the fact that a legally enforced monopoly will provide the tobacco industry with the freedom to raise prices further. What is the worst that can happen? Profitable cigarettes sold in place of vapes?

Under the  South Dakota PMTA Registry Bill, all vape products released after 2016 will be barred. This means every popular disposable will be gone, leaving Vuse, Juul and MyBlu with a virtual monopoly. A recent FDA study showed that flavor bans increase cigarette sales.

PMTA Registry Bills Nationwide

Youth vaping rates have fallen every year since 2019, and the odds of a national flavor ban that would only benefit the tobacco industry seem more remote than ever. The FDA's PMTA debacle is under fire as conservatives Senators raise questions about the fairness of the entire process. 

To tilt the playing field decisively in their favor, Big Tobacco has devised state level restrictions based on the FDA’s flawed PMTA system. The only issue is that only a couple of defunct cigalikes have been approved by the FDA. As lobbying at the state level is a negligible expense for the deep-pocketed tobacco industry, these laws are expected to be proposed in every state.

The tobacco-industry lobbyists carefully worded their PMTA Registry scheme so that it bars products released after 2016, as the FDA has not approved the most popular tobacco industry vape pod products either.

With the FDA's shaky PMTA application process as the guideline, these laws essentially convert state governments into an enforcement arm for clueless federal regulators. Adult vapers, and smokers will pay the price for this political maneuvering and thousands of jobs will be destroyed in the process.

Consumer freedom, choice and your pocketbook will take a huge hit if the South Dakota Vape Sales Ban is to pass.

Leave a comment

All comments are moderated before being published

Shop now