A coalition of public policy experts working to combat what they see as the growing influence of Communist China in the U.S. has taken out a five-figure ad buy encouraging states to pass legislation cracking down on illegal vaping products from China.
The Protecting America Initiative tackles the issue in the ad by reminding viewers that President Donald Trump in 2019 had the right idea when he warned of the dangers of illicit vapes from China, and bashes former President Joe Biden for failing to take action on blocking unregulated vape products.
Florida has already passed legislation cracking down on illicit vape products. Sponsored by Sen. Keith Perry and Rep. Toby Overdorf in the 2024 Legislative Session, their measures (SB 1006, HB 1007) require vape manufacturers to register with the state of Florida and certify that their products are compliant with both federal and Florida law. If a vape manufacturer is found in violation of these requirements, they are subject to a fine. Vape products that are legal and compliant under the law are not impacted by the legislation, which took effect in October.
But many states haven’t taken such steps yet. The ad seeks to change that. It begins with a series of reporters offering dire warnings.
“It’s hip. It’s cool, but look closely on the box. It says, right there, made in China,” one on-air reporter demonstrates, holding up vape packaging.
Another reporter then points to data showing “the market is being flooded with unregulated e-cigarettes.”
Yet another on-air personality adds that “most vape products are made in China, and they’re not always regulated.” Still another warns that such products could “be tainted with God knows what,” and another laments that it’s “been a struggle to keep illegal e-cigarettes from reaching young people,” while another report cautions that “sales of disposable e-cigarettes have more than doubled in just three years.”
The ad also includes video of U.S. Rep. Byron Donalds arguing that barriers to legal products “create an illicit market … which could be more harmful.”
And it includes Trump warning against prohibition.
“You watch prohibition, you look at, you know, with the alcohol, if you don’t give it to them, it’s going to come here illegally. But instead of legitimate companies, good companies, making something that’s safe, they’re going to be selling stuff on a street corner that could be horrible,” he’s seen saying in the advertisement.
“Somebody’s going to open up a shop in China and ship it in with flavors, and you don’t know what’s in it.”
The ad points to a new law in North Carolina that tackles unregulated vaping products, and another in Louisiana, where its Office of Alcohol and Tobacco Control “will resume enforcing a law restricting the sale of vapor products.”
The ad closes with on-screen text directed at other states.
“More state leaders can act now to fight with Trump against illicit Chinese vapes.”
Almost 95% of e-cigarettes, including illegal disposable vape products, come from Chinese manufacturers. They end up on smoke shop and convenience store shelves, and eventually into the hands of Florida’s youth, critics argue. The Florida Retail Federation has reported that at least $363 million in illegal vape products were sold in Florida in 2023, ranking Florida No. 1 in illegal vape sales. Florida sits at 20% above the national average in illegal vape sales, making up a whopping 58% of overall vape sales in the state.
Data is not yet available on how Florida’s new law has impacted those numbers, gathered before it went into effect. But while the federal government made it illegal to sell tobacco products that are attractive to children back in 2009, Congress went a step further in 2022 and clarified that synthetically derived nicotine products — not directly from tobacco plants — also applied to the law.
The Food and Drug Administration, however, has failed to enforce the measure and as of last year, these illegal disposable vape products remained immensely popular among youth and teens. Flavors like “Rainbow Candy” and “Blue Razzleberry” were still being sold in Florida stores, often designed to look like school supplies such as highlighters or flash drives.
The latest ad calling on states to take action doesn’t offer solutions, but it makes clear that more needs to be done to ensure a safe regulatory environment that protects consumers from unscrupulous vape manufacturers.
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